Opposition Against Two Land Use Bills Fails

Two Colorado bills were under scrutiny at the Lakewood legislative committee meeting April 3.

HB23-1190 Affordable Housing Right of First Refusal: Concerning a right of first refusal to purchase qualifying multifamily residential property by a local government.

This bill was first discussed at the last legislative committee meeting where votes were split on how to proceed. Councilors Stewart and Shahrezaei were leaning toward support, Janssen leaning to oppose and Vincent deliberating. At that time, Councilor Stewart had discussed the issue with city staff who said Lakewood did not need this tool right now, but Stewart said it might be good to have the tool available.

An official vote on 1190 was postponed until the next meeting. However, the next committee meeting was a special meeting called by Council Member and Legislative Committee Chair Rebekah Stewart. Her stated intention was to discuss SB23-213. Councilor Janssen stated that she had emailed about 1190, and noted the minute mark that the committee agreed in the last meeting to discuss 1190.

Janssen made a motion to oppose HB23-1190. The motion failed 3-2, with Janssen and Olver in favor (to oppose), and Stewart, Shahrezaei, and Vincent opposed. HB23-1190 is planned for Senate committee vote the following day (April 4). HB23-1190 has passed the House committee with Lakewood taking a “Monitor” position.

SB23-213 is Governor Polis’ Land Use bill seeks to implement statewide zoning and land use regulations. That power currently resides locally.

Lakewood typically allows the Colorado Municipal League (CML) to lobby for the city, except on select bills where they are in opposition. In this case, the CML is strongly opposed to this bill. Councilor Janssen made a motion to take a similar stance, to strongly oppose the bill. The motion failed 3-2, with Councilors Janssen and Olver in support (to oppose) and Stewart, Shahrezaei and Vincent opposed.

Reasons stated to oppose SB23-213 largely reflect the same concerns shown in the CML position paper; that it takes away local control, that it does not create affordable housing and that it ignores problems created such as parking and transit.

Lakewood’s delegate to the CML, Council Member Stewart, said that she communicated her desire to see amendments included for inclusionary zoning before moving forward. Overall, her main concern, which was repeated by everyone who is opposed to opposing the bill, was that the bill may pass and that Lakewood wants “a seat at the table”. However, there were no prepared amendments for Lakewood to discuss at any table, so at this point the majority opinion seemed to be to wait and hope there were amendments to make the legislation better.

Only one member offered supportive comments to SB23-213. Councilor Shahrezaei stated that “we are at the inflection point” for problems like affordable housing, that may now be a regional problem. In that context, only statewide control of the factors underlying the housing marketplace will work.

Both bills will continue in discussion at the next Legislative Committee meeting.