On the agenda: Dacono meeting — data center (Apr 14)

Tuesday, April 14, 2026
6:00 PM
Planning Commission Agenda
Meeting Location: Annex Building, 512 Cherry Avenue, Building C, Dacono, CO,
80514.
This meeting will be held in person. There will be no remote access.
1. CALL TO ORDER
2. ROLL CALL
3. APPOINTMENT OF TEMPORARY VICE-CHAIR
4. APPROVAL OF MINUTES
4.I. Approval Of Minutes For The February 24, 2026 Meeting
Documents:
PCMM 02.24.2026.PDF
5. GENERAL BUSINESS
5.I. Public Hearing And Consideration Of PC Resolution 26-03, A Resolution
Recommending Approval Of An Ordinance Amending The Dacono Municipal Code To
Prohibit Nonfunctional Turf, Artificial Turf, And Invasive Plant Species
Documents:
PC RES 26-03 PROHIBITING NONFUNCTIONAL TURF.PDF
5.II. Public Hearing And Consideration Of PC Resolution 26-04, A Resolution
Recommending Approval Of An Ordinance Amending Chapter 16 Of The Dacono
Municipal Code Concerning Factory-Built Housing
Documents:
PC RES 26-04 FACTORY-BUILT STRUCTURE AMENDMENTS.PDF
6. STAFF REPORTS
7. COMMISSIONER REPORTS

Kevin Plain

Stan Owens

Ryan Diebel

Megan Thornam

Tyson House
Ryan Barney, alternate

Steven Warren, alternate

Tyson House
Ryan Barney, alternate

8. ADJOURNMENT

Steven Warren, alternate

City of Dacono
Planning and Zoning Commission Meeting Minutes
Tuesday, February 24, 2026
Meeting called to order at 6:00 PM.
Members present:

Kevin Plain, Chairperson
Ryan Diebel
Tyson House
Ryan Barney
Steven Warren

Members absent:

Megan Thornam, Excused
Stan Owens, Excused

Staff Present:

Marc Kurbansade, Community Development Director
John Michael Lawler, Associate Planner
Kathleen Kelly, City Attorney
LlannAya Arreguin, Deputy City Clerk

Approval of Minutes for the February 10, 2026, Meeting
Member Diebel moved to approve the February 10, 2026, Planning Commission Meeting
Minutes. The vote was unanimous, and Chairperson Plain declared the motion carried.
General Business
1. Public Hearing and Consideration of PC Resolution 26-02, a Resolution
Recommending Approval of Initial Zoning of Property Proposed to be Annexed to
The City of Dacono and known as The Front Range Farms Annexation.
Chairperson Plain opened the Public Hearing.
Matt Hengel, Applicant of Front Range Farms, 8350 E. Crescent Parkway, Suite 200,
Greenwood Village, CO 80111 was sworn in by Deputy City Clerk LlannAya Arreguin,
presented a brief report and was available for questions.
Member Warren asked about being in direct competition for water and electric usage and
how that would affect Dacono residents. Matt Hengel stated generally with more
generation it helps decrease electric costs. In Colorado a high-water usage for a data
center is not likely to happen, data centers fill up once and recirculate.
Chairperson Plain asked if the United Power and Xcel business model makes a difference
on how it impacts the infrastructure. Matt Hengel stated United Power does not generate
power, they are a retailer customer for the main supplier. Upgrades that will need to be
made will go through the main supplier which could be Xcel, Tristate or WAPA.
Chairperson Plain asked about the site’s network connectivity and how it would impact
surrounding areas. Matt Hengel stated there is a substantial amount of fiber in the area,
enhancing overall network connectivity.
Page 1 of 2

Member Barney asked about how pollution from the data center would affect the area and
if any pollution is generated from the data center. Matt Hengel stated it’s all electric, there
will be back up generators that are powered by natural gas, there are no emissions on
site, and all electricity coming into the location must meet State standards.
Member House asked about how the noise would impact the school nearby. Matt Hengel
stated the noise, and humming sound is more efficient and quieter, there will be a noise
study to ensure there will be no impact.
Member Warren asked about burying the high-tension lines. Matt Hengel stated the cost
is immense to utility companies and that it would not be a decision for the developer.
Chairperson Plain asked about the 300-foot set back being inside or outside the security
perimeter. Matt Hengel stated it could be either way.
John Michael Lawler, Associate Planner, presented a brief report and was available for
questions.
Member Warren asked if the data center would have any negative impact on property
values. John Michael stated there are too many variables that factor into property
values, the City’s focus is on health, safety and general welfare.
Patrick Mangan, Dacono resident, 4282 York Street, Dacono, CO 80514 was sworn in
by Deputy City Clerk LlannAya Arreguin, He stated that he wanted it entered into the
record that his home is the closest to the property and that the proposed action would
impact his view.
With no further public comment, Chairperson Plain closed the public hearing.
Chairperson Plain made a motion to approve PC Resolution 26-02, a Resolution
Recommending Approval of Initial Zoning of Property Proposed to be Annexed to The City
of Dacono and known as The Front Range Farms Annexation. The vote was unanimous
and Chairperson Plain declared the motion carried.
Staff reports: Marc Kurbansade let commissioners know that the Comprehensive Plan survey
results have been published on the City of Dacono website and reminded them of the training
after the meeting.
Commissioner Reports: None
With no further business, the meeting adjourned at 6:45 p.m.
Approved this 14th day of April, 2026.
_____________________________
Kevin Plain, Chairperson
Attest:
____________________________________
LlannAya Arreguin, Deputy City Clerk
Page 2 of 2

April 14, 2026
To:

City of Dacono Planning & Zoning Commission

From:

John Michael Lawler, Associate Planner

Agenda Item: PC Resolution 26-03, a resolution recommending approval of an ordinance
amending the Dacono Municipal Code to prohibit nonfunctional turf, artificial turf,
and invasive plant species.
Purpose
This ordinance would amend Chapters 13, 16, and 17 of the Dacono Municipal Code
concerning Nonfunctional Turf.
Background
On March 15, 2024, the Governor of Colorado signed Senate Bill 24-005 (SB5). SB5 prohibits
the installation of nonfunctional turf, artificial turf, and invasive plant species on “applicable
property” for new development, including redevelopment projects that require a building permit,
landscaping permit, plan check, or design review and that result in disturbance of more than
50% of the aggregate landscape area. Applicable property includes commercial, institutional,
industrial, civic, state-owned, and common interest properties. Common interest properties
include areas such as HOA common areas. Street rights-of-way, parking lots, medians, and
transportation corridors are also considered applicable property. SB5 took effect January 1,
2026.
On May 20, 2025, the Governor of Colorado signed House Bill 25-1113 (HB1113). HB1113
clarified and refined SB5 by adding definitions for “functional artificial turf” and “nonfunctional
artificial turf” after concerns arose that SB5 inadvertently prohibited all artificial turf. HB1113 also
expanded the definition of applicable property to include multifamily residential developments
with more than 12 units, effective January 1, 2026. Additionally, HB1113 prohibits local
governments from banning native grasses, arid-adapted grasses, or low-water grasses. HB1113
further requires local governments to regulate turf on all other real property not currently
classified as applicable property for the purpose of reducing irrigation water demand. This
requirement takes effect January 1, 2028.
Within SB5 and HB1113, the State notes that warm-season native and climate-adapted grasses
requiring significantly less water may be used in nonfunctional areas, along with a range of
plants, shrubs, and trees native or adapted to Colorado’s climate.
SB5 also prohibits the installation of invasive plant species after January 1, 2026. The bill
defines invasive plant species and provides examples of species considered invasive.
Proposed Amendments
The City of Dacono intends to comply with all currently effective requirements of SB5 and HB1113
through the proposed amendments. The ordinance does not include regulations addressing the
CITY OF DACONO
512 Cherry Avenue, Dacono, Colorado 80514 | Phone 303.833.2317 | Fax 303.833.5528 | DaconoCO.gov

HB1113 requirement to regulate irrigation water use on property types not presently classified as
applicable property, as that provision does not take effect until January 1, 2028. Deferring those
regulations will allow the City and Council additional time to evaluate and formulate an appropriate
approach for currently unaffected property classes.
Staff Recommendation
Staff recommends approval of PC Resolution 26-03, a resolution recommending approval of an
ordinance amending the Dacono Municipal Code to prohibit nonfunctional turf, artificial turf, and
invasive plant species.

DACONO PLANNING AND ZONING COMMISSION
RESOLUTION NO. PC 26-03
SERIES 2026
A RESOLUTION RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING THE
DACONO MUNICIPAL CODE TO PROHIBIT NONFUNCTIONAL TURF, ARTIFICIAL TURF,
AND INVASIVE PLANT SPECIES
BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF DACONO, COLORADO:
Section 1. The Planning Commission hereby recommends the City Council
adopt the draft ordinance entitled “An Ordinance Amending the Dacono Municipal Code to
Prohibit Nonfunctional Turf, Artificial Turf, and Invasive Plant Species.”
PASSED AND ADOPTED this 14th day of April, 2026.

ATTEST:
_______________________________
Secretary

________________________________
Chairperson

ORDINANCE NO. xxxx
AN ORDINANCE AMENDING THE DACONO MUNICIPAL CODE TO PROHIBIT
NONFUNCTIONAL TURF, ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES
WHEREAS, in order to mitigate the impacts of climate change, green urban
spaces such as urban tree canopies are a vital adaptation tool, especially for mitigating
the urban heat island effect, which can increase energy costs, air pollution, and heatrelated illnesses and deaths; and
WHEREAS, water supply in the western United States is under increasing
pressure due to climate change and increasing demand; and
WHEREAS, the City Council finds the overuse of nonnative grass for landscaping
purposes requires large amounts of water to maintain; and
WHEREAS, the City Council further finds that, while there are appropriate and
important uses for turf, including for civic, community, and recreational purposes, such as
use in parks, sports fields, and playgrounds, turf located in non-residential areas tends to
be nonfunctional, located in areas that receive little, if any, use and could be replaced
with landscaping that adheres to water-wise landscaping principles without adversely
impacting quality of life or landscape functionality; and
WHEREAS, prohibiting the installation, planting, or placement of nonfunctional turf
in non-residential areas of the City can help conserve the City’s water resources; and
WHEREAS, installed vegetation that adheres to water-wise landscaping principles
can help reduce outdoor demand of water; and
WHEREAS, installation of artificial turf can cause negative environmental impacts,
such as exacerbating heat island effects in urban areas and releasing harmful chemicals,
including plastics, microplastics, and perfluoroalkyl and polyfluoroalkyl chemicals, into the
environment and watersheds; and
WHEREAS, the Colorado General Assembly enacted Senate Bill 24-005, which
added a new Article 99 to Title 37 of the Colorado Revised Statutes, prohibiting
nonfunctional turf, artificial turf, and invasive plant species, and which requires local
entities, including the City, to prohibit the installation, planting, or placement of any
nonfunctional turf, artificial turf, or invasive plant species as part of a new non-residential
development project or redevelopment project within the City; and
WHEREAS, the Colorado General Assembly enacted House Bill 25-1113, which
supplements State Bill 24-005 by expanding the definition of “applicable property” to
include multifamily residential housing of more than 12 dwelling units, and further requires
local entities, including the City, on or before January 1, 2028, to enact or amend its laws
regulating new development and redevelopment projects within its jurisdiction so as to

limit the installation of turf to reduce irrigation water demand for residential real property;
and
WHEREAS, after a duly noticed public hearing, at which evidence and testimony
were entered into the record, the Planning Commission has recommended the City Council
adopt the amendments to the Dacono Municipal Code set forth in this ordinance; and
WHEREAS, City Council has provided notice of a public hearing on this ordinance
by publication as provided by law and held a public hearing as provided in said notice; and
WHEREAS, the City Council finds it is in the interest of the public health, safety
and welfare of the City and its residents to prevent the installation, planting or placement
of nonfunctional turf, artificial turf, and invasive plant species on non-residential property
as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DACONO, COLORADO:
Section 1. Section 13-13 of the Dacono Municipal Code is hereby amended to
read as follows (words to be added underlined; words to be deleted stricken):
Sec. 13-13

Interpretation.

This Article 2 is to be interpreted and construed to effectuate its
general purpose of establishing uniform terms and conditions for the
construction, operation, and use of non-potable irrigation systems for lawn
and landscape irrigation purposes. Authorization of non-potable irrigation
systems, connections, or service under this Chapter 13 shall not be
interpreted to permit or require the installation or irrigation of nonfunctional
turf where such turf is prohibited by Chapter 16 of this Code. Where conflicts
occur, the land use regulations of Chapter 16 shall control.
Section 2. The definitions in Chapter 16, Article 2 of the Dacono Municipal Code
are hereby amended by the addition of new Sections 16-43.5, 16-49.75, 16-61.5 and 1686.4 to read as follows:
Sec. 16-43.5 Functional turf.
Functional turf means turf that is used for athletic fields, playgrounds,
dog parks, or other areas where turf is necessary for active recreation or
other functional use. For purposes of this Chapter 16, functional turf shall
be interpreted consistent with state law definitions for functional and
nonfunctional turf as set forth in C.R.S. § 37-99-102.
Sec. 16-49.75

Invasive plant species.

2

Invasive plant species means those plants that are not native to the
state and that:
(a)
are
intentionally;

introduced

into

the

state

accidentally

or

(b)
have no natural competitors or predators in the state
because the state is outside of their competitors’ or predators’ range;
and
(c)
have harmful effects on the state’s environment or
economy or both.
The state of Colorado, Department of Agriculture, maintains an official list
of invasive plant species, also known as noxious weeds.
Sec. 16-61.5

Nonfunctional turf.

Nonfunctional turf means turf installed or maintained for primarily
aesthetic or ornamental purposes and does not serve a functional use,
including but not limited to turf within street rights-of-way, medians, parking
lots, transportation corridors, or decorative landscape areas. For purposes
of this Chapter 16, nonfunctional turf shall be interpreted consistent with
definitions for functional and nonfunctional turf as set forth in C.R.S. § 3799-102.
Sec. 18-86.4

Turf.

Turf means continuous plant coverage consisting of nonnative
grasses or grasses not hybridized for arid conditions. For purposes of this
Chapter 16, turf shall be interpreted consistent with the definition in C.R.S.
§ 37-60-135(2)(i).
Section 3. Section 16-650 of the Dacono Municipal Code is hereby amended
by the addition of a new subsection (f) to read as follows (words to be added underlined;
words to be deleted stricken):
Sec. 16-650 Purpose and intent.
(a)
The purpose of the landscape design standards is to establish
requirements and guidelines for the design, installation, and maintenance
of landscapes within the City of Dacono. The intent is to safeguard public
health, safety, and welfare, to enhance environmental, economic, aesthetic
and recreational resources, and to promote water conservation.
(b)
Well-designed landscaping enhances development and helps
maintain the quality of life in the community. Trees, shrubs, and other
3

plantings improve aesthetic appeal and property values. Well-designed
landscapes provide vital community services, such as enhancing soil
quality, reducing runoff, erosion and sedimentation, moderating
temperatures, buffering noise and diverting winds. As no single landscaping
plan can be prescribed for all developments due to differing land features,
topography and soils, these guidelines encourage flexible and creative
landscape design solutions.
(c)
All landscape plans shall promote public safety, sustainable
development and water conservation. This includes: design for optimum
site accessibility and visibility, as well as safe pedestrian and traffic
circulation; fire mitigation; reduction of heating and cooling requirements;
shading of large parking and paved areas; reduction of air, water, light, and
noise pollution; enhancement of outdoor recreational opportunities;
protection of endangered and significant vegetation, soils and wildlife
habitat; prevention of invasive species; and reduction of potable water
consumption.
(d)
Landscape design should be sensitive to the characteristics
and maintenance requirements of the plants selected. Plant species should
be selected that are hardy and adapted to the climate and soil conditions in
the area.
(e)
All improvements should reflect the context of the area and
the region as a whole as well as the people who will use the spaces. The
character of this area is defined by the views of the front range and large,
open expanses of undeveloped land. Development within this area should
strive to fit into this environment while creating aesthetically pleasing,
functional and environmentally sensitive places.
(f)
All landscaping installed to satisfy the requirements of this
Article, including but not limited to buffers, setbacks, parking lot
landscaping, right-of-way landscaping, and internal landscaping areas,
shall comply with the requirements of Section 16-656 of this Code.
Section 4. Section 16-656 of the Dacono Municipal Code is hereby amended to
read as follows (words to be added underlined; words to be deleted stricken):
Sec. 16-656 Water-efficient landscape design.
(a)
Landscape improvements shall be designed with waterefficiency as a goal. Landscape water-efficiency shall be measured by an
annual water budget to facilitate water conservation. These guidelines shall
apply to the design of all regulated landscapes:
(1)
Landscapes shall use the following xeriscape design
principles to facilitate water conservation:
4

a.

Well-planned planting schemes;

b.

Appropriate turf selection to minimize the use of
high-water turf;

c.

Use of organic mulch to maintain soil moisture
and reduce evaporation;

d.

Zoning of plant materials according to their
microclimatic needs and water requirements;

e.

Improvement of the soil with organic matter as
needed;

f.

Efficient irrigation systems; and

g.

Proper maintenance and irrigation schedules.

(2)
Native, adapted and xeric plant species should be used
in all landscape plans. Group plants according to similar moisture,
light, and drainage needs. The use of native species should be
prioritized. Regionally adapted plant species may be used provided
they are not invasive. Landscape improvements shall consist of a
variety of species to enhance the visual aspect as well as the
functional aspect, such as shading and windbreaks, of the
landscaped area.
(b)
Proper hydrozoning of plants is important for long-term plant
health and sustainability. Plants should be selected and grouped based on
needs determined during the planning and design and soil analysis stages.
(c)
The total amount of high water use zones on a property shall
not exceed thirty-five percent (35%) of the total landscaped area.
(d)
Turf areas. Turf areas may be installed as sod or seeded. Turf
and artificial turf may be installed only within functional recreational use
areas, including playgrounds, sports fields, picnic areas, and other spaces
that are used regularly for civic, community, or recreational purposes. All
turf and artificial turf located outside of these areas is considered
nonfunctional and is prohibited on all multi-family residential properties
containing twelve (12) or more dwelling units and on non-residential
properties, including but not limited to commercial, institutional, industrial,
and common interest community properties. Turf shall not be installed in
areas that are impractical or difficult to maintain and irrigate. This includes
parkways under five (5) feet in width, slopes of four to one (4:1) or greater,
and narrow or oddly shaped areas. The total area of turf should not exceed
twenty-five percent (25%) of the total landscaped area. Exceptions may be
allowed for uses such as sport fields and high traffic areas. Low-water
5

varieties of turf grass are encouraged. Texas hybrid bluegrass, buffalo
grass, blue grama, fescue, or other drought tolerant turf types should be
used in lieu of bluegrass, where heavy foot traffic is not anticipated. Nonnative, high water use grasses are not permitted in non-functional turf areas.
Any reference in this Article to turf areas that are permitted shall be
interpreted as applying only to functional turf.
(e)
Native seeded areas. Low intensity use areas that have been
disturbed by development activities or are in need of revegetation shall be
seeded to prevent erosion. Seed from native grass and herbaceous species
should be used for re-vegetation where practical. Once established, native
seed areas have minimal supplemental irrigation requirements.
Section 5. Section 16-657 of the Dacono Municipal Code is hereby amended to
read as follows (words to be added underlined; words to be deleted stricken):
Sec. 16-656 Landscape material requirements.
(a)
All plant materials shall be grown in accordance with proper
horticultural practice. Plants shall be healthy, well-branched, vigorous stock
with a growth habit normal to the species and variety and free of diseases,
insects, and injuries. Plants shall conform to the most recent edition of the
"American Standard for Nursery Stock," published by American Nursery
and Landscape Association, for measurements, grading, branching, quality,
container sizes or ball and burlapping. The installation, planting, or
placement of any invasive plant species is prohibited in all landscape areas.
(b)
Landscapes shall consist of a variety of species to enhance
biodiversity. No one (1) species, within each category as provided below,
may make up more than twenty-five percent (25%) of the total non-turf plant
materials on the site.
(c)
Landscape categories and minimum installed plant size
requirements:
(1)

Shade trees: two-inch caliper.

(2)

Ornamental trees: one and one-half-inch caliper.

(3)

Evergreen trees: six (6) feet height.

(4)

Shrubs: five-gallon container.

(5)

Ornamental grasses: one-gallon container.

(6)

Groundcover and perennial plants: four-inch container.

6

(d)
Turf variety and planting methods (sod or seed) shall be
clearly noted on the plans. Turf shall meet the requirements of Section 16656(d) of this Code. Where turf is permitted, low-water turf varieties shall
be required. If any proposed public right-of-way planting is to be transferred
to the City, a low-water sod variety shall be specified for any turf areas.
(e)
Seeded areas. Unless otherwise approved by the City, all
areas disturbed by construction shall be reseeded to stabilize soil and
prevent erosion. Native, noninvasive grasses should be used for
revegetation where practical. Weed control is the responsibility of the
landowner on all reseeded areas and all preservation areas. Seed
establishment will be considered successful when no bare soil is visible in
any area larger than twelve (12) inches square, and weed species comprise
no more than twenty percent (20%) of plant density.
(f)
Placement and spacing of all plants must accommodate the
potential height and spread of the respective species and variety.
(g)
Artificial Except where expressly permitted by this Article,
artificial plants and synthetic turfs may not be used to meet the requirements
of this Article.
Section 6. Section 17-250 of the Dacono Municipal Code is hereby amended to
read as follows (words to be added underlined; words to be deleted stricken):
Sec. 17-250 Purpose.
(a)
This Article is intended to regulate the planning, development,
construction, preservation, and maintenance of parks, open space, and
trails throughout the city, to preserve natural areas and resources, preserve
scenic views, provide access to open areas and recreational opportunities,
create public health benefits, and generally enhance the quality of life for
residents. A primary goal of this Article is to provide a diversity of parks,
trails, and open space opportunities that serve residents of all ages and
abilities and that are accessible from a variety of locations within the City.
(b)
All landscaping, parkway improvements, median treatments,
and open space improvements required or installed as part of an approved
subdivision shall comply with Chapter 16, Article 28 of this Code, including
but not limited to provisions governing the installation of turf and waterefficient landscaping. No subdivision approval shall be deemed to authorize
nonfunctional turf where the same is prohibited by Chapter 16, Article 28 of
this Code.
Section 7. If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
7

Council hereby declares that it would have passed this ordinance and each part or parts
hereof irrespective of the fact that any one part or parts be declared unconstitutional or
invalid.
Section 8. The repeal or modification of any provision of any prior ordinance by
this ordinance shall not release, extinguish, alter, modify, or change in whole or in part
any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred
under such provision, and each provision shall be treated and held as still remaining in
force for the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 9. All other ordinances or portions thereof inconsistent or conflicting
with this ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
INTRODUCED, READ, ADOPTED ON FIRST READING, AND ORDERED
PUBLISHED AND POSTED BY TITLE this _____ day of ___________, 2026.
PUBLIC HEARING AND SECOND HEARING WILL BE THE ____ DAY OF
__________, 2026, AT 6:00 P.M. AT DACONO CITY HALL ANNEX, 512 CHERRY
AVENUE, BUILDING C, DACONO, CO.
READ, ADOPTED ON SECOND READING, APPROVED, SIGNED, AND
ORDERED PUBLISHED BY TITLE this ____ day of __________, 2026.
CITY OF DACONO, COLORADO
______________________________
Adam Morehead, Mayor

ATTEST:
____________________________
Valerie Taylor, City Clerk

8

Summary of Ordinance No. ___, “AN ORDINANCE AMENDING THE DACONO
MUNICIPAL CODE TO PROHIBIT NONFUNCTIONAL TURF, ARTIFICIAL TURF, AND
INVASIVE PLANT SPECIES”: Amends the City’s ordinances in response to new state
legislation prohibiting invasive plant species and turf and artificial turf in areas that do not
serve functional recreational purposes.

9

April 14, 2026
To:

City of Dacono Planning & Zoning Commission

From:

Mark Doering, AICP, Planning Manager

Agenda Item: PC Resolution 26-04, a Resolution Recommending Approval of an Ordinance
Amending Chapter 16 of the Dacono Municipal Code concerning factory-built
housing.
Purpose
The proposed amendments to Chapter 16 would bring the City of Dacono zoning regulations for
pre-manufactured homes in compliance with recent changes to Colorado state law for Factory-Built
Structures (SB-25-002), that allow for factory-built structures in all residential areas of the City.
Background
On May 8, 2025, the State of Colorado signed Senate Bill 25-002 into law, which prohibits local
municipalities and counties from excluding factory-built structures or manufactured homes from
being built within their jurisdiction, imposing stricter standards than site-built homes, or enforcing
laws that affect the installation or construction of factory-built or manufactured homes.
The Dacono Municipal Code (DMC) currently prohibits pre-manufactured homes from being
placed in the City, except in the MH Pre-Manufactured Zone District. That zone district currently
encompasses only The Glens of Dacono and a portion of Autumn Valley subdivisions.
Staff is seeking to amend Chapter 16 of the DMC to bring its Municipal Code into compliance with
state law, prior to the law becoming effective on July 1, 2026. In order to allow for factory-built
homes to be located in all residential zone districts, staff has proposed amendments that those
structures must be located on a permanent foundation in zone districts other than the MH PreManufactured Zone District, similar to any other site-built residence in the City of Dacono.
As proposed, properties that are located in the MH Pre-Manufactured Zone District will still have
the ability to provide for pre-manufactured homes through use of other foundation types that tiedown the structure to the lot, but are not considered a permanent foundation.
In addition to the permanent foundation requirement, staff has proposed amending its fencing
regulations in Section 16-12 of the DMC to require all privacy fences to be located behind the
front door of a residence, even when those front doors to the residence are located in the side
yard of a particular lot, as many factory-built structures are too long for the lot to orient the front
CITY OF DACONO
512 Cherry Avenue, Dacono, Colorado 80514 | Phone 303.833.2317 | Fax 303.833.5528 | www.daconoco.gov

door of the structure to face the street. That proposed change will require that all future structures
have a front door visible from the street, which is a common result of placing a factory-built
structure on a narrower lot typical for other site-built residences that provide the front door facing
the street.
The proposed fencing amendment would apply to all residential structures built in Dacono after
the effective date of this ordinance. As a result of this amendment, all future factory-built or
manufactured homes would be required to have a front door visible from the street. To clarify,
front yard fences can still be placed in front of the front door, but must be 42 inches in height or
less and be at least 50% open, which is the current regulation.
Proposed Amendments to Chapter 16 of the DMC
The following changes are proposed with this code amendment:
• Section 16-6.5 adds a general requirement for all housing structures and for factory-built
structures and manufactured homes not located in the MH Pre-Manufactured Zone District
must be placed upon a permanent foundation.
•

Section 16-12 amends the City’s fencing regulations to prevent privacy fences from
obstructing view of the front door from the street for any new residence.

•

Section 16-39.5 and 16-59.5 add definitions of a factory-built structure and a manufactured
home to the DMC.

•

Amendments to Section 16-100 add factory-built and manufactured homes as permitted
uses in the R-1 Residential Zone District.

•

Amendments to Section 16-130 add factory-built and manufactured homes as permitted
uses in the R-2 Residential Zone District.

•

Amendments to Section 16-160 removes the prohibition that pre-manufactured housing
structures are only allowed in the MH Pre-Manufactured Zone District.

•

Amendments to Section 16-241add factory-built and manufactured homes as permitted
uses in the RR-1 Rural Residential Zone District.

•

Amendments to Section 16-272 add factory-built and manufactured homes as permitted
uses in the A Agricultural Zone District.

Staff Recommendation
Staff recommends approval of PC Resolution 26-04, a Resolution Recommending Approval of
an Ordinance Amending Chapter 16 of the Dacono Municipal Code concerning factory-built
housing.

DACONO PLANNING AND ZONING COMMISSION
RESOLUTION NO. PC 26-04
SERIES 2026
A RESOLUTION RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING
CHAPTER 16 OF THE DACONO MUNICIPAL CODE CONCERNING FACTORY-BUILT
HOUSING

BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF DACONO, COLORADO:
Section 1. The Planning Commission hereby recommends the City Council adopt
the draft ordinance entitled “An Ordinance Amending Chapter 16 of the Dacono Municipal
Code Concerning Factory-Built Housing.”
PASSED AND ADOPTED this 14th day of April, 2026.

ATTEST:
_______________________________
Secretary

________________________________
Chairperson

ORDINANCE NO. ______
AN ORDINANCE AMENDING CHAPTER 16 OF THE DACONO
MUNICIPAL CODE CONCERNING FACTORY-BUILT HOUSING
WHEREAS, the City of Dacono is a Colorado home rule municipal corporation duly
organized and existing under the laws of the state of Colorado and the City of Dacono
Home Rule Charter; and
WHEREAS, the City Council has adopted zoning regulations that are contained in
Chapter 16 of the Dacono Municipal Code; and
WHEREAS, the Colorado General Assembly adopted Senate Bill 25-002, which
contains the following findings and declarations:
(a)

Coloradans are overwhelmingly burdened with the cost of housing;

(b)
Forty-five percent of renters, 329,000 Colorado residents, spend
more than 30% of their income on rent;
(c)
A household in Colorado must earn at least $70,840 annually to
afford the median rent of $1,771 without being cost-burdened;
(d)
To purchase a median-priced home, which is $550,300, with a 20%
down payment, and avoid being cost-burdened, a household must earn $129,178
annually;
(e)
The average cost of construction of a new home as of November
2024 was approximately $483,000, which is a n increase from $419,000 in 2023;
(f)
In 2021, the General Assembly enacted House Bill 21-1329, which
directed the executive committee of the legislative council to create a task force to
meet during 2021 and issue a report with recommendations to the general
assembly and the governor on policies to create transformative changes in the
area of housing;
(g)
In 2022, the General Assembly enacted House Bill 22-1282, which
authorized investment in companies pursuing innovative construction methods,
resulting in the establishment of the innovative housing initiative program;
(h)
Innovative housing incentive program investments are intended to
create new housing units, which lower housing costs and encourage innovation;
and
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(i)
Off-site construction partners participating in the innovative housing
incentive program, including modular manufacturers, have expressed concerns
that regulatory barriers are preventing intended growth in housing units, reducing
the cost and time-saving potential of off-site construction; and
WHEREAS, Senate Bill 25-002 amends municipal zoning authority set forth in the
state statutes to expressly prohibit standards for factory-built structures that are more
restrictive than would apply to site-built homes in the same residential zones, including
zoning regulations, subdivision regulations, size standards, setbacks, and requirements
for permanent foundations; and
WHEREAS, unique lot sizes and shapes occasionally require the front door of a
home to not face the street, and the City Council finds the fencing regulations set forth
herein will protect the health and safety of the occupants by ensuring access to the front
door of a residence is unimpeded by fencing; and
WHEREAS, the City Council desires to amend its zoning ordinances to permit
factory-built structures in residential zone districts under the same regulations as apply to
site-built homes, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DACONO, COLORADO:
Section 1. Chapter 16 of the Dacono Municipal Code is hereby amended by the
addition of a new Section 16-6.5 to read as follows:
Sec. 16-6.5 Requirements for all housing structures.
All dwellings, including manufactured homes, factory-built homes
and mobile homes not located in the MH Zone District, shall be set on and
attached to a permanent concrete foundation, which consists of a poured
eight-inch-wide formed wall, which extends a minimum of six inches above
grade and shall include a crawl space. All foam-formed systems shall either
be covered or protected at all points above grade.
Section 2. Section 16-12 of the Dacono Municipal Code is hereby amended by
the addition of a new subsection (d)(5.5) to read as follows (words to be added
underlined):
Sec. 16-12

Fences, hedges, retaining walls; permit required.

(d)
Fences, hedges, and retaining walls shall be governed by the
following regulations:
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(5.5) Privacy fences shall not be located between the front
door of any residence and a street. When a front door is located in
the front or side yard of a structure, privacy fences shall be located
no closer to the street than the front door of the structure on that side.
For privacy fences on the structure’s side not containing a front door,
privacy fences shall not be located in front of the structure.
Section 3. The Definitions set forth in Chapter 16, Article 2 of the Dacono
Municipal Code are hereby amended by the addition of new Sections 16-39.5 and 1659.5 to read as follows:
Sec. 16-39.5

Factory-built structures.

Factory-built structure means a factory-built residential structure or a
factory-built tiny home, certified by the state division of housing or a party
authorized to act on its behalf. Factory-built structures are permitted as
principal uses in all residential zone districts of the City, including residential
portions of Planned Unit Development (PUD) zone districts.
Sec. 16-59.5

Manufactured home.

Manufactured home means a residential structure certified by the
U.S. department of housing and urban development (“HUD”) through its
office of manufactured housing programs, a successor agency, or a party
authorized to act on its behalf. Manufactured homes are permitted as
principal uses in all residential zone districts of the City, including residential
portions of Planned Unit Development (PUD) zone districts.
Section 4. Section 16-100 of the Dacono Municipal Code is hereby amended to
read as follows (words to be deleted stricken; words to be added underlined):
Sec. 16-100 Permitted uses.
Permitted principal uses in the R-1 district shall be as follows:
(1)
One-family dwellings, factory-built structures, and
manufactured homes;
(2)
Religious and educational institutions and other
municipal uses. These uses are authorized by special temporary
permit only for a period not to exceed six (6) months, when said uses
occur in or are to occur in a dwelling as defined in this Chapter. Said
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special permit is to be issued by the City Council only after giving
proper consideration to the purposes of this Chapter;
(3)
Public utilities, which includes office buildings,
transmissions and distribution stations, but not uses for storage or
maintenance purposes;
(4)
Operators of day care centers shall certify to the City
Clerk that they are duly licensed with the State, and the Clerk shall
issue a local permit with the renewal date corresponding to that of
the state license; and
(5)
Two-family dwellings, three-family dwellings and multifamily dwellings within a master planned community approved
pursuant to Subparagraph 17-155(1)f of this Code.
Section 5. Section 16-130 of the Dacono Municipal Code is hereby amended to
read as follows (words to be deleted stricken; words to be added underlined):
Sec. 16-130 Permitted uses.
Permitted principal uses in the R-2 district shall be as follows:
(1)

One (1) family dwelling;

(2)

Two (2) family dwelling;

(3)

Three (3) family dwelling;

(4)

Multifamily dwelling;

(5)

Factory-built structures and manufactured homes;

(65)

Boardinghouses and roominghouses;

(76)

Dormitories;

(87) Religious and educational institutions, the same
limitation as in R-1 district;
(98)

Public utilities, the same limitation as in R-1 district;

(109) Municipal building;
(1110) Day care centers;
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(1211) Personal wireless service facilities, if approved
pursuant to a special review permit by resolution of the City Council
following compliance with the notice and public hearing procedures
of Chapter 16, Article 23 of this Code, except that no personal
wireless service facilities may be located on an educational
institution. The City Council may reject, approve or approve with
conditions a request for such a special review permit. If granted, such
a special review permit shall not run with the land, shall apply only to
the specific applicant for whom the permit was approved and shall
cease immediately upon termination of such use by said applicant or
in the event of any noncompliance with the conditions of such permit
imposed by the City Council in connection with its approval.
Section 6. Section 16-160 of the Dacono Municipal Code is hereby amended to
read as follows (words to be deleted stricken; words to be added underlined):
Sec. 16-160 Conformance required.
No building, structure, pre-manufactured housing structure or land
shall be used, and no building, structure or pre-manufactured housing
structure shall be erected or installed or structurally altered except as
provided for in this Article and in Article 5 of Chapter 18 of this Code. Premanufactured housing structures are to be located only in the MH District.
Section 7. Section 16-163 of the Dacono Municipal Code is hereby amended to
read as follows (words to be deleted stricken; words to be added underlined):
Sec. 16-163 Permitted uses.
(a)
as follows:

Uses by right in the pre-manufactured housing district shall be

(1)
Pre-manufactured housing structures, factory-built
structures, and manufactured homes. Only one (1) such structure
shall be allowed per lot or space.
(2)
Other structures which house a single premanufactured housing structure and which may contain additional
living area.
(3)
One-family dwelling; however, such a dwelling cannot
be located on a pre-manufactured housing lot or space upon which
a pre-manufactured housing structure is located.
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(4)
Accessory structures including carports, buildings,
storage structures, ramadas, cabanas, patios, patio covers, awnings
and other appurtenances.
(5)
Supervisory, management or other office facilities
associated with the control of a subdivision or park and/or its
facilities.
(6)

Other structures shown on the approved plan.

(b)
Any housing structure or accessory building being lawfully
used at the time of enactment of the ordinance codified herein, which does
not conform to the requirements herein, shall be considered a
nonconforming use and shall be governed by Article 14 of Chapter 16 of
this Code.
Section 8. Section 16-241 of the Dacono Municipal Code is hereby amended to
read as follows (words to be deleted stricken; words to be added underlined):
Sec. 16-241 Permitted uses.
Permitted principal uses in the RR-1 district shall be as follows:
(1)
Single-family dwelling units, factory-built structures,
and manufactured homes;
(2)

Public utility mains, lines and underground utilities;

(3)
Accessory buildings and uses incidental to and
subordinate to the principal use
Section 9. Section 16-272 of the Dacono Municipal Code is hereby amended to
read as follows (words to be deleted stricken; words to be added underlined):
Sec. 16-272 Permitted principal uses.
Permitted principal uses in the A Agricultural District shall be as
follows:
(1)
Single-family dwelling, factory-built structures, and
manufactured homes;
(2)

Hobby farm;
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(3)

Dairy farm;

(4)

Farm;

(5)

Ranch;

(6)

Nursery, not for retail sale;

(7)

Public park and open space;

(8)

Private stable, one (1) horse per two (2) acres;

(9)

Religious institution; and

(10)

Greenhouse.

Section 10. If any section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each part or parts
hereof irrespective of the fact that any one part or parts be declared unconstitutional or
invalid.
Section 11. All other ordinances or portions thereof inconsistent or conflicting
with this ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
INTRODUCED, READ, ADOPTED ON FIRST READING, AND ORDERED
PUBLISHED AND POSTED BY TITLE this ____ day of ________________, 2026.
PUBLIC HEARING AND SECOND READING WILL BE THE _____ day of
_______________, 2026, AT 6:00 P.M. AT DACONO CITY HALL ANNEX, 512
CHERRY AVENUE, BUILDING C, DACONO, CO.
READ, ADOPTED ON SECOND READING, APPROVED, SIGNED, AND
ORDERED PUBLISHED BY TITLE this ____ day of ______________, 2026.
CITY OF DACONO, COLORADO
________________________________
Adam Morehead, Mayor
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ATTEST:
__________________________________
Valerie Taylor, City Clerk

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Summary of Ordinance No. _____, “AN ORDINANCE AMENDING CHAPTER 16 OF
THE DACONO MUNICIPAL CODE CONCERNING FACTORY-BUILT HOUSING”
Amends the zoning code to permit factory-built structures in residential zone districts
under the same regulations as apply to site-built homes and amends fencing
requirements to address homes where, due to lot configuration, the front door does not
face the street.

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