Colorado State Democrats Strip Land Use Bill Of Upzoning Requirements

Colorado Democrats on Wednesday voted to remove the upzoning requirements on municipalities included in Gov. Jared Polis’ controversial statewide land use bill, effectively gutting a piece of legislation meant to address Colorado’s affordable housing issues.

Senate Bill 23-213 originally required Colorado’s largest cities like Denver, Colorado Springs and Boulder allow duplexes, triplexes and multiplexes on at least 30% of their land zoned for single-family. It now includes an amendment that requires these entities to conduct a housing needs assessment similar to California’s Housing Element law.

“All legislation in this building [depends on] whether or not you have the support to move on to the next step,” Senate Majority Leader Dominick Moreno, a Democrat from Commerce City and a lead sponsor of the bill, told the Colorado Sun ahead of the vote. “Senate Bill 213, in its current form, didn’t have that support.”

Polis introduced SB-213 in March as what is called the Create More Housing Now plan. He described the sweeping bill as “the most ambitious land use policy changes” that Colorado has seen in about four decades.

The bill was intended to preempt local control over issues such as permitting, zoning and building codes to essentially force Colorado’s largest cities to build more affordable housing.

However, SB-213 received significant pushback from developers, local officials and even members of the governor’s own party. For instance, Sen. Dylan Roberts, a Vail Democrat, objected to the bill’s inclusion of resort towns like Steamboat Springs and Vail in its plans because it didn’t have strong enough guardrails to prevent people from simply building a second or third home in these areas, he said. 

Mayors in towns ranging from Denver to Montrose objected to the plan as well. Denver Mayor Michael Hancock and Jamie Torres, the city council president, said they disagree with the bill’s top-down approach to solving Colorado’s housing issues.

“We have serious concerns about the attempt to preempt local land-use control; the unintended, but very real consequences of broadly up-zoning when it comes to displacement and gentrification; lack of true affordability requirements in the bill; and the potential to undercut extensive community work to develop bold, but appropriate plans and zoning for our residents,” they wrote in a joint statement. 

Polis issued a statement to the Sun Tuesday emphasizing the need for housing solutions but did not directly address the changes to the bill. 

“We look forward to continuing to work with the General Assembly and stakeholders on behalf of the real Coloradans demanding solutions as the bill moves through the process,” the statement read in part, according to the Sun.