Agenda Date: 04/01/2025
Subject:
Title
Resolution 25-2025: Opposing House Bill 25-1169 Housing Development on Faith and Educational Lands
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Reid Betzing, City Attorney |
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Presentations: |
Reid Betzing, City Attorney |
PURPOSE:
Council consideration of a resolution opposing House Bill 25-1169 Housing Developments on Faith and Educational Land.
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance
DISCUSSION:
House Bill 25-1169 Housing Developments on Faith and Educational Land referred to as “Yes in God’s Backyard” (YIGBY) is a Housing Bill that is being advanced that seeks to address the housing demand challenges in Colorado. The proponents estimate that faith-based organizations own more than 5,000 acres of undeveloped land in Denver, Jefferson, Arapahoe, and Douglas Counties. What the bill seeks to do is to mandate municipalities to change their local zoning to allow for faith-based organizations, school districts, and colleges/universities to construct residential housing or childcare services on some of those lands.
Under the bill, municipalities would have to administratively approve construction of residential development due to height as long as the development was no taller than three stories or 45 feet or adheres to the height standards of the zoning district or a contiguous zoning district if different.
Some of the concerns have to deal with the constitutionality of the bill. The Colorado Constitution and case law has allowed for home-rule municipalities to control land use and zoning within their jurisdictions as matters of local concern. The bill while trying to advance the construction of housing does nothing to ensure affordability nor attainability. Further the bill does not adequately address the impacts on communities, community planning, or the ability to adequately serve new developments by way of public safety, education, or recreational opportunities. Still further the bill removes the public process from zoning changes or planning purposes while creating a special class of landowners and land speculation.
CML has been advocating for a NO vote on HB 25-1169.
Prior Actions or Discussions
At the March 18, 2025, regular meeting of council, the city attorney presented an overview of current legislation which would have an impact on municipalities, including Littleton. Council directed staff to prepare a resolution opposing HB 25-1169.
FISCAL IMPACTS:
N/A
STAFF RECOMMENDATION:
Staff recommends the approval of Resolution 25-2025, opposing HB 25-1169 Housing Developments on Faith and Educational Land.
ALTERNATIVES:
Council could postpone consideration of this resolution.
PROPOSED MOTION:
Proposed Motion
I move to approve Resolution 25-2025 opposing House Bill 25-1169 Housing Developments on Faith and Educational Land