- Home
- City Departments
- Community Development
- State Land Use Pre-Emption
State Land Use Pre-Emption
The 2023 Legislative Session has ended and Senate Bill 23-213 did not pass. The City will continue to monitor future bills at the state level to defend local land use control and preserve the City’s unique character.
Senate Bill 23-213 was introduced at the state level with the intent of addressing housing costs, however the end result of the bill would have allowed duplexes or fourplexes to be built in every part of Cherry Hills Village. This action by the state legislature would have changed the character of Cherry Hills Village, and City Council is opposed to any bill that results in this kind of change and also strips local authority and infringes on Home Rule control as guaranteed by the state constitution.
Things the City has done:
- Ongoing - City website updates, email notifications, social media posts, communication with HOAs, communication with County and other municipal elected officials
- Communication with CHV state legislators:
- House District 3 – Meg Froelich, meg.froelich.house@coleg.gov, 303-866-2921
- Senate District 26 – Jeff Bridges, jeff.bridges.senate@coleg.gov, 303-358-5551
- March 21st - City Council letter to State Legislators
- March 24th - Arapahoe County Legislative Lunch - Council and City staff participation
- March 30th - Arapahoe County Housing Crisis Telephone Town Hall - City Council participation
- March 30th issue of the Villager Newspaper - Open Letter from City Council
- March 31st - Mayor Brown created a petition to Keep Zoning Local
- April issue of the Village Crier - two articles
- April 4th - City Council approved Resolution 15, Series 2023 opposing Senate Bill 23-213
- April 5th - DRCOG voted to oppose Senate Bill 23-213 - CHV is a participant
- April 6th - City Council testified at the Senate Local Government Committee hearing
- April 8th - State Rep Meg Froelich Virtual Housing Town Hall - 1pm
- April 10th City-wide letter
- April 13th ad in the Villager Newspaper
- April 17th Council participation in event with Senator Bridges
- April 20th letter to the editor in the Villager Newspaper
- May 2nd - Mayor Brown testified at the House Local Government Committee hearing
News Articles and Other Information
- Colorado Home Rule (PDF)
- Colorado Public Radio Article - January 5, 2023
- Colorado Municipal League Newsletter Article - January 23, 2023 (PDF)
- Colorado Public Radio Article - February 16, 2023
- Colorado Public Radio Article - March 22, 2023
- Colorado Sun Article - March 22, 2023
- Governor Polis Press Release - March 22, 2023
- The Sum and Substance Article - March 22, 2023
- Denver Post - March 23, 2023
- Villager Newspaper - March 30, 2023
- Arapahoe County Town Hall Mayor & Commissioner Quotes - March 30, 2023
- Arapahoe County Town Hall Housing Numbers - March 30, 2023
- Arapahoe County Town Hall Recap - March 30, 2023
- Colorado Public Radio Article - April 6, 2023
- Colorado Municipal League Newsletter - April 7, 2023
- Arapahoe County News - April 7, 2023
- Colorado Newsline Article - April 7, 2023
- Denver Post Article - April 7, 2023
- Colorado Public Radio Article - April 12, 2023
- Villager Newspaper - April 13, 2023
- Denver Post Article - April 18, 2023
- Colorado Public Radio Article - April 18, 2023
- Colorado Sun Article - April 18, 2023
- Colorado Politics Article - April 19, 2023
- Denver 7 Article - April 20, 2023
- Villager Newspaper - April 20, 2023
- Colorado Public Radio - April 21, 2023
- Colorado Public Radio - April 25, 2023
- Denver Post - April 25, 2023
- Colorado Sun - April 25, 2023
- Colorado Public Radio - April 26, 2023
- Denver Gazette - April 26, 2023
- Colorado Newsline - April 26, 2023
- Colorado Public Radio - April 28, 2023 (1)
- Colorado Public Radio - April 28, 2023 (2)
- Denver Post - May 1, 2023
- Colorado Sun - May 1, 2023
- Colorado Public Radio - May 1, 2023
- Colorado Sun - May 2, 2023
- Colorado Public Radio - May 3, 2023
- Colorado Newsline - May 3, 2023
- Colorado Public Radio - May 5, 2023
- Denver Post - May 8, 2023
- Colorado Sun - May 8, 2023
- Colorado Public Radio - May 8, 2023
- Colorado Newsline - May 8, 2023
- Colorado Politics - May 8, 2023
State Attempting to Pre-Empt Local Land Use Control
Senate Bill 2023-213 proposes:
- A statewide housing needs assessment in each region and the development of housing strategies that would help local governments meet those needs. Local governments would be required to update these plans every 5 years and report housing data to the state annually.
- The elimination of parking minimums and encouraging more affordable housing near transit centers.
- Requiring local governments to provide residents with the right of first refusal to purchase or rent new affordable housing units if they are displaced by new development.
- The reduction of minimum lot sizes and the addition of requirements that duplexes, triplexes, fourplexes, cottage clusters, and townhomes can be built in single-family zones, and up to six units per lot if two are affordable.
- Requiring local governments to allow accessory dwelling units (ADUs) by right.
- Incentivizing smart growth through incorporation of land use planning in the transportation planning process.
- Prohibition of residential growth caps.
While Cherry Hills Village supports the goal of increasing affordable housing across the state, the Village is opposed to any infringement on local land use authority that has been guaranteed to home rule jurisdictions in Colorado for over 100 years. Local government is generally seen as the most responsive to the needs of local residents and is in the best position to make land use decisions for their community. As evidenced, City Council approved the 2022 Master Plan in December of 2022, with the Vision Statement that Chery Hills Village is; “A safe, serene, low-density residential community. It is the desire of the citizens of Cherry Hills Village to maintain and enhance the established character of the community through the implementation of the City’s planning goals and actions, regulations, and decisions.” A state mandate that the Village must allow ADUs by right, or that the Village must allow lots that don’t meet the City’s minimum standards, or that the Village must allow residences other than single-family homes is in direct opposition to the City’s established and desired character.
The Cherry Hills Village City Council is aware of this issue at the state capital and has been working to advocate for the interest of Village residents. Council members are coordinating with their elected counterparts across the state to advocate for local land use control. The Arapahoe County local elected officials, including Cherry Hills Village Council members, have a lunch scheduled with the Arapahoe County state representatives on March 24th to advocate for local land use control. At the direction of City Council, the Village has hired a lobbyist to advocate for the Village’s interest at the state capital. Additionally, staff has been coordinating with Arapahoe County, other Arapahoe County jurisdictions, and the Colorado Municipal League (CML) to strategize and coordinate how best to advocate for the Village’s interests.
If you are interested in sharing your opinion on this issue, the best people to contact are your state representatives.
- House District 3 – Meg Froelich, meg.froelich.house@coleg.gov, 303-866-2921
- Senate District 26 – Jeff Bridges, jeff.bridges.senate@coleg.gov, 303-866-4846
For additional information you can contact Paul Workman, Community Development Director at pworkman@cherryhillsvillage.com or 303-783-2729.