The only topic less interesting than banking or antitrust legislation is zoning policy but before you move on, know this is ultimately about your property rights, your ability to defend them, and your community’s future. So read on.
Recently, the governor and Democrat lawmakers introduced legislation that will enable the state to sidestep municipal housing codes in two ways. People will be able to build duplexes and triplexes and accessory-dwelling units (e.g., carriage houses) in single-family home neighborhoods without local approval. The legislation also contains what Gov. Polis calls the flexible option; cities can freely adopt state-developed zoning standards or have the regulations foisted upon them. That’s about as flexible as ‘your money or your life’ is at empowering personal decision-making.
The laudable purpose of the legislation is to increase housing stock statewide. Housing costs have increased over the past decade as population growth and inflation outpaced the number of housing units. While in-migration is slowing, the number of available units remains inadequate and lawmakers hope to spur more housing construction by kicking local government.
Why does this matter? Zoning ordinances, which set standards for the size, use, and location of commercial and residential buildings, balance the competing interests of homeowners, home buyers, developers, and commercial interests. Why do they need balancing? In a city, what happens on private property can impact the property values as well as the use and enjoyment of property of nearby residents. Living in close proximity means sharing water, parking, parks and open space, roads, and views. New building impacts these resources, as well as other important considerations such as neighborhood character, historical preservation, the environment, safety, and property values.
Something as simple as allowing accessory dwelling units requires a community discussion about the impact on parking and traffic, and negotiation between those who want to use their property in this way and those who have concerns their property will be adversely impacted. Local elected officials arbitrate these conflicts through zoning guidelines. They are directly accountable to the residents in a way that a state-level bureaucracy could never be. Supplanting local decisions with state mandates will vastly diminish residents’ ability to protect their property and influence the direction of their community.
My own city of Littleton took several years to develop its comprehensive plan and zoning guidelines. The Littleton City Council and staff engaged with residents through hundreds of presentations, listening sessions, surveys, updates, and events. Littleton’s intentionally deliberative process resulted in significant buy-in and compromise. “While some people thought it went too far and others not far enough, most Littleton residents are happy with the final result,” Mayor Kyle Schlachter told me. “A one-size-fits-all state plan could leave a lot of people unhappy.”
The city council of Westminster just approved its 2040 Comprehensive Plan, which includes zoning, after a similar process. Westminster City Councilman Rich Seymour told me, “We understand the resources we have better than anyone.” City council and staff know how much water, infrastructure, and city services are needed to accommodate growth. Over the past few years, the city has added 3,400 high-density units and another 10,000 units are awaiting final approval. Forcing a city to allow development beyond its resources is irresponsible.
“The proposal eviscerates local control and sets a precedent that local control no longer matters because if you can argue that it is a matter of statewide concern if the actions of one local government can impact another, then everything a local government does is a matter of statewide concern,” said Aurora Mayor Mike Coffman. He noted that Aurora was the first city to opt into the State Affordable Housing Fund, approved by voters last November under Proposition 123. Prop 123 “gives us the ability to decide how to reach the goal of increased housing affordability while the Governor’s proposal does not.”
The voters just handed municipalities a carrot to increase housing stock. The legislature shouldn’t threaten the stick.
Krista L. Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer
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