House Bill 26-1001 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the promotion of residential developments on

• Page 1, Line 102qualifying properties.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill requires a subject jurisdiction, on or after December 31, 2027, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process. A qualifying property is real property that contains no more than 5 acres of land and is owned by:

• A nonprofit organization with a demonstrated history of providing affordable housing;
• A nonprofit organization that provides public transit;
• A nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property;
• A school district;
• A state college or university;
• A housing authority; or
• A local or regional transit district or a regional transportation authority serving one or more counties.
• Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall;
• Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built;
• Disallow construction of a residential development on a qualifying property based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or
• Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; on-site landscaping, screening, and buffering requirements; or minimum dwelling units per acre.
• Child care; and
• The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community.

If a subject jurisdiction requests, as part of an initial development application, that a nonprofit organization with a demonstrated history of providing affordable housing provide documentation that it meets required criteria, the nonprofit organization shall provide the documentation.

 A subject jurisdiction shall not:

Provided that the uses are allowed conditionally or by right within the zoning district in which a qualifying property is located, a subject jurisdiction shall allow the following uses in a residential development on a qualifying property:

The bill requires the owner of a qualifying property to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  Short title. The short title of this act is the

• Page 3, Line 3"Housing Opportunities Made Easier (HOME) Act".

• Page 3, Line 4SECTION 2.  In Colorado Revised Statutes, 29-35-103, add (2.5)

• Page 3, Line 5as follows:

• Page 3, Line 629-35-103.  Definitions.

• Page 3, Line 7(2.5)  "Airport influence area" means an area surrounding

• Page 3, Line 8an airport that a local government has designated as

• Page 3, Line 9unsuitable for residential development because:

• Page 3, Line 10(a)  Development could impact airport operations; or

• Page 3, Line 11(b)  Airport noise or safety hazards could affect the area.

• Page 3, Line 12SECTION 3.  In Colorado Revised Statutes, add part 5 to article

• Page 3, Line 1335 of title 29 as follows:

• Page 3, Line 14PART 5

• Page 3, Line 15RESIDENTIAL DEVELOPMENT ON

• Page 3, Line 16QUALIFYING PROPERTIES

• Page 3, Line 1729-35-501.  Definitions.

• Page 3, Line 18As used in this part 5, unless the context otherwise

• Page 3, Line 19requires:

• Page 3, Line 20(1)  "Dwelling unit" has the meaning set forth in section

• Page 4, Line 129-35-402 (8).

• Page 4, Line 2(2)  "Exempt parcel" means:

• Page 4, Line 3(a)  A parcel that is:

• Page 4, Line 4(I)  Not served by a domestic water and sewage treatment

• Page 4, Line 5system, as defined in section 24-65.1-104 (5);

• Page 4, Line 6(II)  Served by a well that is not connected to a water

• Page 4, Line 7distribution system, as defined in section 25-9-102 (6); or

• Page 4, Line 8(III)   Served by a septic tank, as defined in section

• Page 4, Line 925-10-103 (18);

• Page 4, Line 10(b)  A parcel where residential use is prevented or limited

• Page 4, Line 11by state regulation, federal regulation, or deed restriction

• Page 4, Line 12pursuant to:

• Page 4, Line 13(I)  Federal aviation administration restrictions pursuant

• Page 4, Line 14to 14 CFR 77 or 49 U.S.C. chapter 471;

• Page 4, Line 15(II)  An environmental covenant pursuant to sections

• Page 4, Line 1625-15-318 to 25-15-323; or

• Page 4, Line 17(III)  Flammable gas overlay zoning district restrictions;

• Page 4, Line 18(c)  A parcel that is subject to a conservation easement;

• Page 4, Line 19(d)  A parcel that is located within an airport influence

• Page 4, Line 20area; or

• Page 4, Line 21(e)  A historic property that is located outside of a

• Page 4, Line 22historic district.

• Page 4, Line 23(3)  "Historic district" has the meaning set forth in section

• Page 4, Line 2429-35-402 (10).

• Page 4, Line 25(4)  "Historic property" has the meaning set forth in

• Page 4, Line 26section 29-35-402 (11).

• Page 4, Line 27(5)  "Nonprofit organization with a demonstrated history

• Page 5, Line 1of providing affordable housing" means a nonprofit

• Page 5, Line 2organization that, within the last five years, has:

• Page 5, Line 3(a)  Developed projects which have received federal

• Page 5, Line 4low-income housing tax credits or state affordable housing

• Page 5, Line 5credits;

• Page 5, Line 6(b)  Been awarded funding through the federal "HOME

• Page 5, Line 7Investment Partnerships Program", 24 CFR 92.1, et seq.;

• Page 5, Line 8(c)  Been awarded funding to support the creation,

• Page 5, Line 9preservation, or rehabilitation of affordable housing from the

• Page 5, Line 10Colorado department of local affairs; the Colorado housing

• Page 5, Line 11and finance authority; the Colorado office of economic

• Page 5, Line 12development and international trade; or a local government;

• Page 5, Line 13(d)  Owned property that is exempt from property taxation

• Page 5, Line 14pursuant to section 39-3-113.5;

• Page 5, Line 15(e)  Been certified as a community housing development

• Page 5, Line 16organization pursuant to 24 CFR 92.2 and, together with the

• Page 5, Line 17Colorado division of housing or a local government, is a party

• Page 5, Line 18to a community housing development organization operating

• Page 5, Line 19agreement;

• Page 5, Line 20(f)  Been approved by the Colorado division of housing as

• Page 5, Line 21an "approved nonprofit organization" pursuant to section

• Page 5, Line 2239-22-548 and engaged in the development or operational service

• Page 5, Line 23of supportive housing pursuant to section 39-22-548 (2)(h); or

• Page 5, Line 24(g)  Owned property for which the organization received

• Page 5, Line 25a certificate of occupancy for long-term affordable housing,

• Page 5, Line 26and can produce that certificate of occupancy, a restricted use

• Page 5, Line 27covenant, or a similar recorded agreement that ensures

• Page 6, Line 1affordability.

• Page 6, Line 2(6)  "Qualifying private property" means real property

• Page 6, Line 3that contains no more than five acres of land and is owned by:

• Page 6, Line 4(a)  A nonprofit organization with a demonstrated history

• Page 6, Line 5of providing affordable housing;

• Page 6, Line 6(b)  A nonprofit organization that provides public transit;

• Page 6, Line 7or

• Page 6, Line 8(c)  A nonprofit organization that has entered into an

• Page 6, Line 9agreement with another nonprofit organization with a

• Page 6, Line 10demonstrated history of providing affordable housing, provided

• Page 6, Line 11that the agreement requires the nonprofit organization with a

• Page 6, Line 12demonstrated history of providing affordable housing, or its

• Page 6, Line 13successor organization, to develop a residential development on

• Page 6, Line 14the property.

• Page 6, Line 15(7)  "Qualifying property" means a qualifying private

• Page 6, Line 16property or a qualifying public property.

• Page 6, Line 17(8)  "Qualifying public property" means real property that

• Page 6, Line 18contains no more than five acres of land and is owned by:

• Page 6, Line 19(a)  A school district, as defined in section 22-30-103;

• Page 6, Line 20(b)  A state college or university, as defined in section

• Page 6, Line 2123-2-102;

• Page 6, Line 22(c)  A housing authority created pursuant to section

• Page 6, Line 2329-1-204.5, 29-4-204, 29-4-402, or 29-4-503; or

• Page 6, Line 24(d)  A local or regional transit district or a regional

• Page 6, Line 25transportation authority serving one or more counties.

• Page 6, Line 26(9)  "Residential development" means a development:

• Page 6, Line 27(a)  With one or more structures that contain permanent

• Page 7, Line 1dwelling units;

• Page 7, Line 2(b)  That does not contain any temporary housing or

• Page 7, Line 3shelter space; and

• Page 7, Line 4(c)  That has a primary purpose of residential use.

• Page 7, Line 5(10)  "Similar housing" means housing that is similar in

• Page 7, Line 6form and number of dwelling units.

• Page 7, Line 7(11)  "Subject jurisdiction" means a local government that

• Page 7, Line 8had a population greater than two thousand people as of the

• Page 7, Line 9last United States census.

• Page 7, Line 1029-35-502.  Residential developments on qualifying properties.

• Page 7, Line 11(1)  Residential developments on qualifying properties.On or

• Page 7, Line 12after December 31, 2027, subject to an administrative approval

• Page 7, Line 13process and in accordance with this part 5, a subject jurisdiction

• Page 7, Line 14shall allow a residential development to be constructed on a

• Page 7, Line 15qualifying property if the qualifying property does not contain

• Page 7, Line 16an exempt parcel.

• Page 7, Line 17(2)  Verification of nonprofit status.A subject jurisdiction

• Page 7, Line 18may request, as part of an initial development application, that

• Page 7, Line 19a nonprofit organization with a demonstrated history of

• Page 7, Line 20providing affordable housing provide documentation that it

• Page 7, Line 21meets any one of the criteria listed in section 29-35-501 (5). The

• Page 7, Line 22nonprofit organization shall provide the requested

• Page 7, Line 23documentation but is not required to provide documentation of

• Page 7, Line 24more than one of the criteria listed in section 29-35-501 (5) to be

• Page 7, Line 25verified by the subject jurisdiction.

• Page 7, Line 26(3)  Subject jurisdiction administrative practices.Nothing in

• Page 7, Line 27this section prevents a subject jurisdiction from:

• Page 8, Line 1(a)  Applying and enforcing infrastructure standards in

• Page 8, Line 2local law during the administrative approval process, including

• Page 8, Line 3standards related to utilities, transportation, or public works

• Page 8, Line 4codes;

• Page 8, Line 5(b)  Applying and enforcing a locally adopted life safety

• Page 8, Line 6code, including a building, fire, utility, or stormwater code;

• Page 8, Line 7(c)  Applying and enforcing regulations related to human

• Page 8, Line 8and environmental health and safety, including oil and gas

• Page 8, Line 9setbacks, floodplain regulations, and airport influence areas;

• Page 8, Line 10(d)  Adopting generally applicable requirements for the

• Page 8, Line 11payment of impact fees or other similar development charges in

• Page 8, Line 12accordance with section 29-20-104.5, or the mitigation of impacts

• Page 8, Line 13in accordance with part 2 of article 20 of this title 29;

• Page 8, Line 14(e)  Requiring a statement by a water or wastewater

• Page 8, Line 15service provider regarding the provider's capacity to service the

• Page 8, Line 16property as a condition of allowing a residential development;

• Page 8, Line 17(f)  Applying and enforcing inclusionary zoning

• Page 8, Line 18ordinances, deed restrictions, community benefit agreements,

• Page 8, Line 19development agreements, or other affordable housing policies

• Page 8, Line 20or standards;

• Page 8, Line 21(g)  Applying standards to allow a residential

• Page 8, Line 22development to be constructed on a qualifying property when

• Page 8, Line 23such residential development could be disallowed based on the

• Page 8, Line 24standards described in section 29-35-503 (1), or otherwise

• Page 8, Line 25offering affordable housing incentives to developers;

• Page 8, Line 26(h)  Enacting or applying a local law concerning a

• Page 8, Line 27short-term rental, as that term is defined in section 29-35-402

• Page 9, Line 1(19), of a dwelling unit on a qualifying property;

• Page 9, Line 2(i)  Exercising the subject jurisdiction's right of first

• Page 9, Line 3refusal in accordance with section 29-4-1202; or

• Page 9, Line 4(j)  Applying the design standards and procedures of a

• Page 9, Line 5historic district to a qualifying property that is located in a

• Page 9, Line 6historic district, including a standard or procedure related to

• Page 9, Line 7demolition.

• Page 9, Line 829-35-503.  Qualifying property requirements for a subject

• Page 9, Line 9jurisdiction - allowable uses.

• Page 9, Line 10(1)  A subject jurisdiction shall not:

• Page 9, Line 11(a)  Disallow construction of a residential development

• Page 9, Line 12on a qualifying property on the basis of height if the tallest

• Page 9, Line 13structure in the residential development is no more than three

• Page 9, Line 14stories or forty-five feet tall;

• Page 9, Line 15(b)  Disallow construction of a residential development

• Page 9, Line 16on a qualifying property on the basis of height if the tallest

• Page 9, Line 17structure in the residential development complies with the

• Page 9, Line 18height requirements:

• Page 9, Line 19(I)  Of the zoning district in which the residential

• Page 9, Line 20development will be built; or

• Page 9, Line 21(II)  That apply to any parcel zoned for residential use

• Page 9, Line 22that is contiguous to the qualifying property on which the

• Page 9, Line 23residential development will be built;

• Page 9, Line 24(c)  Disallow construction of a residential development

• Page 9, Line 25on a qualifying property based on the number of dwelling units

• Page 9, Line 26the residential development will contain, except in accordance

• Page 9, Line 27with one of the standards listed in subsection (1)(d) of this

• Page 10, Line 1section; or

• Page 10, Line 2(d)  Apply standards to a residential development on a

• Page 10, Line 3qualifying property that are more restrictive than the

• Page 10, Line 4standards that the subject jurisdiction applies to similar

• Page 10, Line 5housing constructed within the subject jurisdiction, including

• Page 10, Line 6standards related to:

• Page 10, Line 7(I)  Structure setbacks from property lines;

• Page 10, Line 8(II)  Lot coverage or open space;

• Page 10, Line 9(III)  On-site parking requirements;

• Page 10, Line 10(IV)  Numbers of bedrooms in a multifamily residential

• Page 10, Line 11development;

• Page 10, Line 12(V)  On-site landscaping, screening, and buffering

• Page 10, Line 13requirements;

• Page 10, Line 14(VI)  Minimum dwelling units per acre; or

• Page 10, Line 15(VII)  Setbacks from oil and gas facilities and operations.

• Page 10, Line 16(2)  Provided that the uses are allowed conditionally or

• Page 10, Line 17by right within the zoning district in which a qualifying property

• Page 10, Line 18is located, a subject jurisdiction shall allow the following uses

• Page 10, Line 19in a residential development on a qualifying property:

• Page 10, Line 20(a)  Child care; and

• Page 10, Line 21(b)  The provision of recreational, social, or educational

• Page 10, Line 22services provided by community organizations for use by the

• Page 10, Line 23residents of the residential development and the surrounding

• Page 10, Line 24community.

• Page 10, Line 2529-35-504.  Notification to county assessor.

• Page 10, Line 26Within two weeks of a subject jurisdiction allowing the

• Page 10, Line 27construction of a residential development on a qualifying

• Page 11, Line 1property pursuant to section 29-35-502 (1), the owner of the

• Page 11, Line 2qualifying property shall provide notice of the allowance of

• Page 11, Line 3the construction of the residential development to the county

• Page 11, Line 4assessor in the county in which the qualifying property is

• Page 11, Line 5located. The notice must include the property address, the

• Page 11, Line 6assessor's parcel identification number for the property, and the

• Page 11, Line 7date on which the residential development was allowed by the

• Page 11, Line 8subject jurisdiction.

• Page 11, Line 9SECTION 4.  Safety clause. The general assembly finds,

• Page 11, Line 10determines, and declares that this act is necessary for the immediate

• Page 11, Line 11preservation of the public peace, health, or safety or for appropriations for

• Page 11, Line 12the support and maintenance of the departments of the state and state

• Page 11, Line 13institutions.