The purpose of the residential growth management policy hereinafter adopted is to impose land use controls on residential development within the
city in furtherance of the health, safety, and welfare of the residents of the city by regulating population density, distribution, and growth consistent with the City of Broomfield 1995 Master Plan. (Ord. 1352 §1, 1998)

(A) Assisted living facility means a residential facility that makes available to three or more adults not related by blood or marriage to the owner of such facility, either directly or indirectly through a provider agreement, room and board and personal services, protective oversight, and social care due to impaired capacity to live independently but not to the extent that twenty-four-hour medical or nursing care is required.

(B) Building permit means a permit issued for a new residential dwelling unit pursuant to the International Building Code or International Residential Code, as applicable, as adopted in chapter 15-04 of the Broomfield Municipal Code.

(C) Calendar year means the period from January 1 to December 31.

(D) Dwelling unit means a dwelling unit as defined in section 17-04-100, B.M.C.

(E) Multiple-family dwelling means a multiple family dwelling as defined in section 17-04-090, B.M.C.

(F) New residential construction means any new building that houses one or more dwelling units.

(G) One-family dwelling means a one-family dwelling as defined in section 17-04-095, B.M.C. (Ord. 1352 §1, 1998; Ord. 1858 §19, 2008)

(A) Effective September 1, 1998, through and including December 31, 1998, the city shall issue no more than 100 building permits for new residential construction of dwelling units, except as may otherwise be exempted under section 17-62-040, B.M.C.

(B) Effective for the calendar year January 1, 1999, and for each calendar year thereafter, the city shall issue no more than 300 building permits for new residential construction of dwelling units in any calendar year, except as may otherwise be exempted under section 17-62-040, B.M.C.

(C) The city council may by resolution or ordinance impose a method for the allocation of building permits for new construction of dwelling units consistent with the provisions of this chapter.

(D) If in any calendar year fewer than 300 building permits are issued for new residential construction of dwelling units, the city council may provide by resolution that such unissued building permits may be carried forward and issued in any subsequent calendar year in addition to the authorized 300 building permits for dwelling units for the calendar year. (Ord. 1352 §1, 1998)

Building permits for the new residential construction of dwelling units are exempt from the building permit limitation imposed by this chapter as follows:

(A) Residential developments for which vested property rights have been approved by ordinance pursuant to chapter 16-40, B.M.C.;

(B) Development agreements that expressly guarantee the issuance by the city of residential building permits to developers or their assignees;

(C) Residential subdivisions with five or fewer lots upon which a one-family dwelling may be constructed;

(D) Multiple-family dwellings, which may be exempted on a case-by-case review by the city council;

(E) Assisted living facilities;

(F) Nursing homes;

(G) Hospices; and

(H) Senior housing facilities primarily occupied by persons sixty-two years of age or older. (Ord. 1352 §1, 1998)

(A) The provisions of this section shall apply to final plats and site development plans for residential developments and subdivisions that have been approved by the city council prior to September 1, 1998, and which may not otherwise be exempt from this section as provided in section 17-62-040, B.M.C. For residential developments and subdivisions approved by the city council prior to September 1, 1998, there is hereby imposed a formula for the allocation of building permits for new construction of residential units as follows: If, as of September 1, 1998, an approved residential development or subdivision has fifty or fewer vacant residential lots remaining, 50% of all such lots shall be allocated building permits from September 1, 1998, through December 31, 1998, and the remaining 50% shall be allocated building permits during calendar year 1999. If, as of September 1, 1998, an approved residential development or subdivision has fewer than 150 but more than fifty vacant residential lots remaining, 25% of all such lots shall be allocated building permits from September 1, 1998, through December 31, 1998; 25% of all such lots shall be allocated building permits during calendar year 1999; 25% of all such lots shall be allocated building permits during calendar year 2000; and 25% of all such lots shall be allocated building permits during calendar year 2001.

(B) This allocation formula is subject to minor modifications based on past patterns of the issuance of building permits for residential developments and subdivisions in the city as well as the needs and desires of the developers and builders within such residential developments and subdivisions. Accordingly and considering such minor modifications, the city council does hereby allocate building permits for the new construction of dwelling units for approved residential developments and subdivisions as follows:

(1) The Aspen Creek Subdivision is hereby allocated building permits for new construction of dwelling units as follows: 50 building permits during calendar year 1999; 75 building permits during calendar year 2000; and 60 building permits during calendar year 2001.

(2) Broomfield Country Club Filing No. 10 is hereby allocated building permits for new construction of dwelling units as follows: 15 building permits between September 1, 1998, and December 31, 1998; 45 building permits during calendar year 1999; and 20 building permits during calendar year 2000.

(3) Country Estates Filing No. 8 is hereby allocated building permits for new construction of dwelling units as follows: 5 building permits between September 1, 1998, and December 31, 1998; 40 building permits during calendar year 1999; 40 building permits during calendar year 2000; and 29 building permits during calendar year 2001.

(4) Country Vistas Filing No. 2 is hereby allocated building permits for new construction of dwelling units as follows: 2 building permits between September 1, 1998, and December 31, 1998;

(5) Gate 'N Green Filing No. 3 is hereby allocated building permits for new construction of dwelling units as follows: 3 building permits between September 1, 1998, and December 31, 1998; and 4 building permits during calendar year 1999.

(6) Miramonte Farms Filing No. 3 is hereby allocated building permits for new construction of dwelling units as follows: 21 building permits between September 1, 1998, and December 31, 1998; and 21 building permits during calendar year 1999.

(7) Willow Run Filing No. 4 and Willow Run Filing No. 5 are hereby allocated building permits for new construction of dwelling units as follows: 78 building permits between September 1, 1998, and December 31, 1998; and 96 building permits during calendar year 1999.

(C) Nothing in this section 17-62-050 shall be construed as granting a vested property right as provided in article 68 of title 24, C.R.S., to any landowner of the above-named developments and subdivisions. (Ord. 1363 §1, 1998)

(A) The provisions of this section shall apply to PUD plans and site development plans for residential developments and subdivisions approved by the city council on or after September 1, 1998, and which may not otherwise be exempt from this section as provided in section 17-62-040, B.M.C. For PUD plans approved by the city council on or after September 1, 1998, the number of building permits allocated for new construction of residential units shall be included as a notation on the PUD plan. Site development plans submitted to the city pursuant to an approved PUD plan shall include the number of building permits allocated for new residential construction, which number for all such site development plans submitted shall not exceed the total number of building permits approved on the PUD plan.

(B) The city council has discretion in allocating the number of building permits for new residential construction on PUD plans. This allocation discretion authorizes the city council to approve new residential building permits for PUD plans based on the following review standards:

(1) The degree to which the PUD plan furthers the goals, policies, and guidelines of the master plan;

(2) The amount and the quality of open lands proposed in the PUD plan;

(3) The inclusion of and quality of affordable housing in the PUD plan;

(4) The degree to which the PUD plan minimizes or mitigates the impact of development on city infrastructure and services;

(5) The degree to which, where appropriate, the PUD plan includes a variety of housing types, architectural styles and designs, building orientations, and building exterior materials;

(6) Inclusion in the PUD plan of landscaping standards and dwelling densities that exceed city standards;

(7) Provision in the PUD plan of public and private recreational facilities and trails that exceed those that may be required by the city; and

(8) Provision in the PUD plan for street and property edge improvements that exceed city standards.

(C) The city council may by resolution or ordinance modify the allocation of building permits for new residential construction by either increasing or decreasing the number of building permits as allocated on a PUD plan or on a site development plan, or on both, after notice and public hearing by the city council. Such notice shall be as provided in sections 17-52-020, 17-52-030, 17-52-060, and 17-52-080, B.M.C.

(D) Nothing in this section 17-62-060 shall grant a vested property right as provided in article 68 of title 24, C.R.S., for either a PUD plan or site development plan regarding the number of building permits allocated thereon. (Ord. 1377 §1, 1998)