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Home Hot Topic Cities could be forced to allow densification near transit lines under new law

Cities could be forced to allow densification near transit lines under new law

by Celia

A significant development proposal arrived at the Colorado Statehouse on Tuesday with the introduction of a new bill, HB24-1313, aimed at facilitating increased construction of apartments and condos near rail lines and high-frequency bus routes in many cities across the state.

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Spearheaded by Democratic Representative Iman Jodeh, the bill aims to address housing affordability concerns by promoting denser construction near transit and job centers. It seeks to compel local governments to rezone areas near transit, encouraging more intensive development to accommodate the growing demand for housing.

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Under the proposed legislation, the state would have the authority to override local development codes if municipalities fail to cooperate. Non-compliance could result in the withholding of transportation funding or potential legal action, leading to a potential showdown over land use policies.

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The bill primarily targets cities along the Front Range and Grand Junction. Beginning in 2024, the state would assess these cities to identify areas near existing or planned transit lines and determine the amount of developable land within proximity to these transit corridors.

Subsequently, the state would establish “housing opportunity goals” (HOGs) for each city, requiring them to permit an average of 40 units per acre in transit-adjacent areas. Cities would have the option to designate “transit centers” where higher densities of up to 300 units per acre would be permitted, allowing for more significant development.

Importantly, cities would have until December 2026 to devise strategies to meet these goals, providing flexibility in implementation. Additionally, the bill mandates the inclusion of affordable housing options in development plans, offering cities a menu of strategies to choose from.

The bill represents a departure from previous approaches by granting the state greater authority over local zoning decisions. While it introduces mandates, it also offers incentives such as grants and tax credits to encourage compliance.

However, the proposed legislation has drawn criticism from some quarters, with concerns raised about the imposition of state control over local municipalities. Opponents argue that cities should be incentivized rather than compelled to accommodate density.

The bill has been co-sponsored by Democratic legislators Rep. Steven Woodrow, Sen. Chris Hansen, and Sen. Faith Winter, reflecting a collaborative effort to address housing and infrastructure challenges.

The bill is currently under consideration by the House Transportation, Housing & Local Government Committee.

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