Danielle Kreutter is a multimedia journalist for Denver7 KMGH in Denver, Colorado.
DENVER - A bill that would allow certain groups that own land — like schools and affordable housing nonprofits — to avoid certain local-level zoning restrictions is heading to committee. HB26-1001 , or the HOME Act, is heading to the House Transportation, Housing and Local Government Committee on Tuesday.
Qualifying properties can be no more than five acres and must belong to:- A nonprofit organization that historically has provided affordable housing- A nonprofit that works in public transit- A nonprofit that is in agreement with an affordable housing nonprofit- A school district- A state college or university- A housing authority- A local or regional transit district or authority that serves one or more countiesSome of the restrictions local governments could not impose on qualifying developments would be:- Height restrictions if the proposed project is not already taller than three stories or 45 feet- Height restrictions if the proposed project complies with height standards for local zoning- Restrictions based on the number of dwelling units in the proposed development, with some exceptions- Any restrictions regarding structure setbacks, open space, on-site parking, landscaping, buffering requirements that are more restrictive than other similar housing projects in that communityRight now, Jeff Martinez, President of Brothers Redevelopment, owns a piece of land across the street from an affordable housing development they built a few years ago. They're hoping to eventually turn that into a smaller affordable housing complex too.'Typically, we would have to go through all regulations, whether they be state or local zoning to get projects through, just like any other developer would,' Martinez said of the process to build affordable housing. 'Typically, we're finding sources of funding from other groups as well, whether they be philanthropic or what have you. We have to also comply with all the rules and regs of those participants in affordable housing development.'It's hurdles like those that Democratic State Representative Andy Boesenecker and the other sponsors of HB26-1001 say they want to cut back on.As currently written, approved groups with qualifying properties and proposed projects would be able to avoid certain local zoning restrictions in favor of an administrative review instead.'When you use an administrative review process to approve housing based on objective standards, as opposed to subjective processes, you lower the cost of that housing, and you can do it sometimes up to 28% faster,' Boesenecker said. 'Ultimately, that means more affordable housing at a lower price point.' It's that administrative review that raised a red flag for critics like Kim Monson with the Colorado Union of Taxpayers. The group describes itself as an all-volunteer group that advocates for and against legislation involving taxpayers, TABOR, property rights, parent choice and education. 'These projects can be approved administratively, so that means that the people of the community have no voice whatsoever. That's a big concern as well,' said Monson. 'These are people's neighbors, and this is changing the fabric of what these people thought was going to be there. When you move this over to just an administrative state, the people's voices are gone, and that's not the way it's supposed to be in America.'The bill's sponsors said there are protections to make sure the housing that would be approved would be compatible with the surrounding area.Martinez said regardless of if they are required by law to include the public or not, reputable nonprofit affordable housing groups want to engage with the neighbors.'This shouldn't be us versus them. It really should be. This is an opportunity for all of us to help address this critical need,' he said.Monson said the Colorado Union of Taxpayers also takes issue with the final section in the bill: The Safety Clause.The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.This would mean the bill, if passed, would go into law as soon as the governor signs it, and the public cannot petition the issue to a vote of the people. 'We see a real abuse of the Safety Clause. And in fact, the Safety Clause was put on to this bill, and there is no immediate need to have a safety clause on a bill regarding this kind of housing,' said Monson.The House Transportation, Housing & Local Government Committee meeting begins at 1:30pm on February 3.
Andy Boesenecker Brothers Redevelopment Colorado Union Of Taxpayers HB26-1001 HOME Act Jeff Martinez Kim Monson Affordable Housing Colorado
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