The Boulder City Council is seeking to amend a bill backed by Gov. Jared Polis that would override local land-use regulations in Boulder and other cities to make it easier to build housing. The legislation comes amid a severe regional housing shortage, particularly for low-income residents.
A majority of councilmembers on Jan. 5 said they want to pursue amendments to the “Housing Opportunities Made Easier Act,” or HOME Act, which would allow school districts, universities, housing authorities, transit districts and qualifying nonprofits to build housing on properties up to five acres, regardless of underlying zoning rules.
The bill would prohibit local governments from applying more restrictive standards to these properties than cities apply to similar housing elsewhere in their jurisdictions, including setbacks, density limits and open space requirements. Projects could reach up to 45 feet in height, exceeding Boulder’s 35-foot maximum in many areas, though the Planning Board and Boulder City Council often approve taller buildings on a case-by-case basis. In addition to housing, childcare facilities and community services would also be permitted on these sites regardless of underlying zoning.
Unlike most housing projects, these developments would receive administrative approval from city planners, bypassing the public hearing and voting process typically conducted by the Planning Board and City Council. That streamlined process would eliminate the discretionary review that often adds time and costs to development.
The bill would not prevent the city from enforcing its inclusionary housing policies. Those policies require developers to either make 25% of units deed-restricted as affordable to people earning certain incomes, donate vacant land to the city, or pay cash in lieu into the city’s Affordable Housing Fund.
Gov. Jared Polis is backing the bill.
The HOME Act “is a big step in Colorado’s nation-leading work to get government out of the business of blocking new housing, and in doing so unleashing the free market to build more homes Coloradans can afford,” he said in a statement.
No councilmembers said they supported the legislation as written, but several said they wanted to keep a seat at the table to seek a series of changes. Their concerns focused on the potential for nonprofits or investors to abuse the policy, the lack of affordability requirements and guardrails, and the possibility of encouraging sprawl into unincorporated Boulder County.
Councilmembers agreed they want to pursue amendments that would require developers to show they are meeting a demonstrated local housing need through a needs assessment, and that projects be compatible with municipal comprehensive plans, such as the Boulder Valley Comprehensive Plan, the region’s long-term planning document. Mayor Aaron Brockett also suggested excluding unincorporated county land from the bill’s scope and limiting building height based on existing zoning districts.
This sounds like a good idea. I mean, just look at what a great job planning board and city council have done over the years with their “careful planning” that has resulted in monstrous dead zones like Boulder Junction. They do little to rein in the excesses of for profit developers because they don’t have that authority if the projects meet minimal standards. So what is the big deal about allowing nonprofits to build on their own land? They would have control over the projects to a great extent and be able to build according to need. For example, what if EFAA acquired a piece of land to build affordable housing for their clients without all the time-wasting nitpicking and delay of going through planning board and city council? Win-win. The city does not need to interfere in that process, and even in worst case scenario where affordable housing was limited, inclusionary housing regs would still apply. Nonprofits are the best entities for understanding the needs in the community and their projects would be at least as good as anything city council has managed to facilitate.
If they were serious about housing they would comply with HB 1124 and allow more ADUs in Boulder County. Not only does that help homeowners afford the insane taxes and insurance ($2k a month for me) plus mortgages plus utilities… but NEWSFLASH it can provide more housing without expansion and actually help your constituents! Our planning boards are abusive at best.