Land use bill authors stand by plan

BY THELMA GRIMES TGRIMES@COLORADOCOMMUNITYMEDIA.COM

According to authors of the land use bill making its way through the Colorado Legislature, the primary goal is stopping communities from exclusionary zoning that prohibits the construction of multifamily housing.

Known as SB23-213, the land use bill was unveiled in March by Gov. Jared Polis and Democrats as a solution to the growing housing crisis.

While municipalities statewide are voicing opposition to the bill, authors are saying the 105-page document is vital to the state’s future in providing an adequate supply of a ordable housing.

In this case, a ordable housing does not mean more single-family homes, but instead duplexes, triplexes, other multiplexes, townhomes, condos and apartments.

According to the authors of SB23213, some Colorado cities and counties have implemented zoning policies that decrease or completely bar the construction of multifamily housing.

Rep. Steven Woodrow, D-Denver, co-authored SB23-213 with Rep. Iman Jodeh, D-Arapahoe County, and Majority Leader Sen. Dominick Moreno, a District 21 Democrat covering Adams County, Commerce City, Federal Heights and Westminster.

Woodrow said while some communities have done an “exemplary” job at addressing a ordability, others have not and state interven- tion is required to stop the growing crisis where housing costs are at an all-time high and availability is at an all-time low.

“ is bill really does increase individual property rights,” Woodrow said. “If you are a property owner, you have the right to build an accessory dwelling unit and the government will not be able to prevent that. Some feel like we are taking away rights. We are adding to them. is bill will have some exibility, but it does set forth some minimum standards.” e state will review the proposed codes and if they are deemed insufcient, the state will impose its own codes.

Since the bill’s introduction, several Denver metro communities have passed resolutions to oppose the bill, including Westminster, Castle Rock, Lone Tree and Centennial. Other communities have said they may take similar votes.

At the center of the opposition is the plan for the state intervening in local development decisions, removing home rule authority. Home rule is a form or structure of governing de ned by the citizens of a municipality or county that allows for more control over matters of local signicance.

According to the proposed bill, municipalities will be required to submit land-use codes to the state.

Arapahoe County Commissioner Carrie Warren-Gully said the bill takes a one-size- ts-all approach and it will not work for all Colorado communities.

Woodrow said he disagrees, that the bill allows communities to develop and plan growth, but they have to meet minimum standards to avoid state intervention. He stressed the bill has tiers to address all populations, including suburban, urban and mountain towns.

“It is not a one-size- ts all,” he said. “ is only goes into e ect if a community refuses to adopt the (minimum) required standards. e only time you are a ected is if you decided to ignore it.” e reason the state is taking steps to intervene in local control is because of the excessive use of “exclusionary zoning,” by some Colorado communities, Woodrow said. e construction of a multifamily building is more than $17,000 per unit, according to the fee schedule.

Exclusionary zoning laws place restrictions on the types of homes that can be built in a neighborhood. Oftentimes, these laws prohibit multifamily homes and set limits on building heights.

Rep. Lisa Frizell, R-Castle Rock, said SB23-213 is a misguided piece of legislation that does nothing more than declare war on single family home construction.

“It’s built on a faulty premise that everyone wants to live in high density housing,” she said.

Frizell said if the Democratic-led legislation wanted to adequately address the housing crisis, it would focus on the impact fees and permit fees that cities and towns are charging developers.

Pointing to Castle Rock as an example, Frizell said home prices have skyrocketed due to the costs home builders are having to pay local entities to build.

According to the fee sheet on the Town of Castle Rock website, a developer building a 2,000 square foot home can pay over $21,000 in impact fees, which includes a line item for parks and recreation, re protection, municipal facilities, police and transportation. at total does not include other required permit fees.

In drafting the legislation, Moreno said the authors looked at what other states have done, speci cally naming California and Oregon, which have also implemented landuse codes.

Moreno said the steps taken by both the Democratic-led states would not t Colorado’s current and future needs.

“(SB23-213) is drafted to provided