LAND USE

reach and takes rights away from the city. He pointed to systems the state has, which is home rule municipalities.

City Councilor Rich Seymour said he agrees with DeMott.

“I think this is an egregious violation of our constitution,” Seymour said. “Also the process was a violation.”

He said that no stakeholders took part in the plan. However, there were reports done prior to the bill with various Colorado State Departments, such as a land use report and an affordable housing report.

“If there’s no stakeholder input, it’s not good policy,” he said.

Seymour compared the bill to the housing crisis taking place across the country, asking how the state would 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, handle the federal government “telling them how to run their business.”

City Councilor Lindsey Emmons said she heard at a Colorado Municipal League town hall regarding the bill that there’s too much in the bill that can’t be amended.

“If that really was the goal, there should have been prior discussion and partnerships with municipalities ahead of time,” she said.

She said the bill is a strong arm and authoritarian. Emmons also said that the Department of Local A airs would become a regulatory body through the bill, and public input from the community would be lost.

Dworkin countered Emmons’ and Seymour’s statements.

“When the land use bill is passed, it will kick o an extensive process for public input. Rules at DOLA and additional work will continue to include the voices of homeowners and renters in all parts of our state. e historic 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 intervention 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 stakeholding and extensive process that went into this bill were years in the making,” she wrote in an email. She also said there are local government o cials who are in favor of the bill.

“ e bill is supported by these ofcials as well: Karen Bigelow City of ornton Councilmember, Lauren Folkerts City of Boulder Councilmember, Rachel Friend City of Boulder Councilmember, Lori Goldstein Adams 12 Board of Education President, Eva Henry Adams County Commissioner, Elise Jones Former Boulder County Commissioner, Gwen Alexandra Lachelt Former La Plata County Commissioner, Sara Lo in Town of Erie Mayor Pro Tem, Juan Marcano City of Aurora Ward IV Councilmember, Ruben Medina City of Aurora Ward III Councilmember, Kristin Stephens Larimer County Commissioner,” she wrote in an email. City Councilor Bruce Baker said it’s 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.”

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 a terrible thing and the city should lawyer up.

Mayor Nancy McNally said Governor Jared Polis didn’t talk to “everybody.”

“Any good leader would talk to anyone and everyone,” she said.

She said from meetings with the Metro Mayors Caucus, she could tell who has been talked to by Polis and who hasn’t.

“Not one hair of this ugly bill should get under the tent,” McNally said.

She said the corridor between Westminster and Longmont where rail is planned said it’s built out how the bill wants it to be. But, the transit isn’t there - yet.

“When you don’t have transit, people do need cars and they have to get to places,” she said. “I’m not willing to negotiate one thing on this bill. ere is nothing good about it.” communities have said they may take similar votes.

“It’s not perfect at all, and it’s important to have a voice,” said Nurmela.

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 signi cance.

According to the proposed bill, municipalities will be required to submit land-use codes to the state. e state will review the proposed codes and if they are deemed insu cient, the state will impose its own codes.

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.

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. e construction of a multifamily building is more than $17,000 per unit, according to the fee schedule.

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 land-use 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 local options for municipalities to choose from,” he said. “ is sets goals and gives choices on how to meet those goals. It’s easy. If (municipalities) don’t then the state will step in. ere is a bit more choice than other states.” e median price for a condo was around $400,000 in February.

In its early stages, Moreno said lawmakers have agreed not to immediately take votes on the proposed legislation, instead opting on April 6 to listening to debate, concerns and ideas.

Moreno said he has heard complaints that the bill does not address a ordability enough. e Adams County senator said amendments are likely as the bill moves through the process.

Moreno said the bill does address a ordability in the area of availability. Moreno said it increases stock, which means added supply will drive down home prices.

According to a monthly report from the Denver Metro Association of Realtors, the median price for a singlefamily home in February was around $600,000, a more than 5% decline from the month before.

As amendments for better language, and clarifying information on water and infeasibility are already on the table, Rep. Mark Baisley, a District 4 Republican, which covers parts of Douglas County, Fremont County and Je erson County said he is “pleasantly surprised” that both Democrats and Republicans have expressed opposition to the bill’s current language. Even with possible amendments coming to the bill, Baisley said it still wouldn’t work because the entire bill lacks “humility” and the only way to x it is to redo it completely.

No matter what concessions are made in areas of a ordability and language, Baisley said at the core of the bill is taking away home rule, which likely will not be eliminated. e state intervening just means more government, more state oversight and less local control, Baisley said. at aspect alone makes the bill unlikely to ever be successful.

Woodrow said it is sweeping legislation and can take time, noting that success will be gauged in 10 or 12 months. Instead, he said this bill addresses current needs while allowing Colorado to grow in a more strategic way.