The HBA Advocate Newsletter | January 3, 2024

January 3, 2024

Proposition 123 Expedited Review Survey - Please Make Your Voices Heard

The Department of Local Affairs (DOLA) is currently gathering stakeholder input on the Proposition 123 requirement to expedite review of affordable housing, which will take effect in 2027. According to DOLA, this stakeholder engagement process is in the early stages, and the department is seeking to understand the needs of, and gather input from, valued stakeholders - including the residential construction community.

Local government planning representatives, the development community, and other key partners are invited to give input through this survey to help inform DOLA’s guidance materials. Please take a few minutes to share your perspective. The survey will remain open through Friday, January 19.

The outcome of this effort is that DOLA will publish guidance and present informational workshops on the Prop 123 statutory language, and then present different approaches to accomplish expedited review. We appreciate your input, insights, and time to support this important effort.

Castle Rock Set To Implement Revisions to Water Conservation Ordinance

On January 1, 2023, the Town of Castle Rock implemented a new ordinance restricting the amount of irrigated turf on new residential construction. As part of this program, discounted System Development Fees (SDF) were made available to builders who fully landscape their property (front and back) with a water efficient landscape containing native or regionally adapted vegetation that is drought tolerant.

A recent analysis by the Town of past reduced SDF programs found that some permits met the program requirements; however, many did not. Infractions included: builders not including landscape plans for backyards, no backyard landscaping or irrigation, builders not requesting inspections, landscaping exceeding maximum allowable turf square footage, and builders not paying the full fees after not meeting the criteria of the program.

In response, the Town is implementing the below changes in an effort to ensure the approved ColoradoScape landscaping plan is installed correctly, proper SDFs are collected, and processes are in place to ensure homeowners are adequately informed on the water use billing structure at their new home.

The Town is proposing the following changes as it pertains to the Castle Rock Development Community effective February 1, 2024:

1. All meter releases will be accompanied with a landscaping placard.
2. All meter inspections will require the approved landscape plan and placard are affixed near the irrigation controller in the garage.

Additionally, builders will have two options to consider in paying System Development Fees.

• Option 1: Collect full SDF at time of building permit and allow for a refund for building permits which fully comply with the front and backyard landscaping installation.
• Option 2: Cash deposit covering the whole site development plan. Builders would continue to pay reduced System Development Fees based on the total interior demand and the approved landscape and irrigation plans. The cash deposit would cover the difference between the reduced fee assessed and the full fee. Once the neighborhood/filing is complete and all homes have passed final inspection then the deposit would be released. If the final landscaping does not meet reduced SDF standards, the deposit will be called upon to cover the full SDFs due.

For a full copy of the Town’s Memorandum on the Turf Ordinance Policy Changes, please contact Morgan Cullen at the HBA.

HBA builders recognized by Town of Superior as communities mark second anniversary of Marshall Fire

The Town of Superior Council on December 11 formally recognized seven construction firms with proclamations thanking the companies for their “work in extraordinary circumstances to assist our residents in rebuilding their destroyed homes” after the 2019 Marshall Fire. The companies receiving proclamations included Home Builders Association of Metro Denver members Boulder Creek Neighborhoods, Homebound, Remington Homes and Sheffield Homes Mile High LLC.

The fire burned more than a thousand structures in Superior, Louisville and Boulder County, which included 392 residential structures in Superior. Superior has issued 278 rebuild building permits, with another 14 permits in review or ready to be issued. The town has also issued 142 Certificates of Occupancy for rebuilt houses, allowing those families to return home.

As part of the proclamations, Superior’s Town Council noted that the homebuilders “responded to those families affected by disaster with a profound dedication and partnership with the Town of Superior by taking an active role in shaping the future of our community.” The proclamations concluded that each homebuilder contributed “to our community returning stronger than before the Marshall Fire.”

The proclamations and video of Council recognizing the builders can be viewed by clicking here.

The Home Builders Association of Metro Denver, working with its volunteer Marshall Fire Task Force, provided resources throughout 2023 for fire victims and will continue working with its members to ensure that victims can rebuild and return to their neighborhoods. These efforts included a Marshall Fire Rebuild Expo in April 2023 that included local builders and contractors, financial institutions, lumber and materials vendors, and other businesses dedicated to the rebuilding efforts in Louisville, Superior and Boulder County.

Arapahoe County Approves Increases to Transportation Impact Fee

The Arapahoe County Board of Commissioners has increased impact fees on new residential development in order to fund Regional Transportation and Rural Transportation Impact Fees within the county. The fees, which were originally adopted in 1995 and have not been increased in nearly 16 years, help to support road improvements throughout the county. During this time, CDOT’s construction cost index has increased by nearly 80 percent, and the desire to adjust the fee to the rate of inflation is the motivation behind the proposed increases. Never-the-less, the fees set to go into effect this March will almost double what aspiring homeowners already pay in transportation fees - further driving up home prices. Based on the proposed recommendations, a home with a 3-car garage within the Regional Transportation Impact Region would see its impact fees increase from $2,345 to $4,175. Similarly, a 2,901-square-foot home within the Rural Transportation Impact Region would see its fees increase from $3,118 to $4,428. While meeting the transportation needs of Colorado residents is always a worthy endeavor, the HBA of Metro Denver had legitimate concerns over the size, scope and timing of these impact fees and shared concerns about the county solely relying on impact fees as a funding mechanism for transportation. The HBA submitted a letter last month and testified before the Board of County Commissioners on this matter on December 11.

HBA of Metro Denver Issue Tracker
Questions on what is happening in a specific city or county? The HBA is regularly monitoring the council and board activities in every political subdivision in the metro Denver area. Our Issue Tracker offers a great resource to learn about the issues being deliberated with links to agendas, packets and ordinances. The HBA of Metro Denver HBA Issue Tracker is available  to all members here.

HBA is looking for Members to Participate in Advocacy, Regulatory and Technical Committees in 2024

As a volunteer-driven organization, the HBA's Jobsite Safety Committee, Permitting Committee, Regulated Utilities Committee and Stormwater Management Committee help guide the HBA's events and activities throughout the year. Consider joining one, or more, if you want to build strong, long-lasting relationships and make a difference to your fellow HBA members, while sharpening your leadership skills. Please visit the HBA website for more information or reach out to Morgan Cullen if you are ready to participate.

Thank you to HBA's 2024 Organizational Partners:

Contact Connie Dahl for more info on becoming an HBA Sponsor!