Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0288.03 Pierce Lively x2059
HOUSE BILL 24-1313
House Committees Senate Committees
Transportation, Housing & Local Government Local Government & Housing
Finance Appropriations
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE THE AFFORDABILITY OF101
HOUSING IN TRANSIT -ORIENTED
COMMUNITIES, AND, IN102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill establishes a category of local government: A
transit-oriented community. As defined in the bill, a transit-oriented
community is either a local government that:
! Is entirely within a metropolitan planning organization;
! Has a population of 4,000 or more; and
SENATE
Amended 2nd Reading
May 5, 2024
HOUSE
3rd Reading Unamended
April 14, 2024
HOUSE
Amended 2nd Reading
April 12, 2024
HOUSE SPONSORSHIP
Woodrow and Jodeh, Bacon, Boesenecker, deGruy Kennedy, Epps, Froelich, Garcia,
Hernandez, Herod, Kipp, Lindsay, Lindstedt, Mabrey, McCluskie, McCormick, Parenti,
Rutinel, Sirota, Story, Valdez, Vigil
SENATE SPONSORSHIP
Hansen and Winter F.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Contains at least 75 acres of certain transit-related areas; or
If the local government is a county, contains either a part of:
! A transit station area that is both in an unincorporated part
of the county and within one-half mile of a station that
serves a commuter rail service or light rail service; or
! A transit corridor area that both is in an unincorporated part
of the county and is fully encompassed by one or more
municipalities.
The bill requires a transit-oriented community to meet its housing
opportunity goal and relatedly requires the department to:
! On or before July 31, 2024, publish a map that designates
transit areas that transit-oriented communities shall use in
calculating their housing opportunity goal; and
! On or before December 31, 2024, publish models and
guidance to assist a transit-oriented community in meeting
its housing opportunity goal.
A housing opportunity goal is a zoning capacity goal determined
based on an average zoned housing density and the amount of
transit-related areas within a transit-oriented community. The bill requires
a transit-oriented community to meet its housing opportunity goal by
ensuring that enough areas in the transit-oriented community qualify as
transit centers. In order to qualify as a transit center, an area must:
! Be composed of zoning districts that uniformly allow a net
housing density of at least 15 units per acre;
! Identify the net housing density allowed by law;
! Meet a housing density established by the transit-oriented
community;
! Not include any area where local law exclusively restricts
housing occupancy based on age or other factors;
! Have an administrative approval process for multifamily
residential property development on parcels that are 5 acres
or less in size;
! Be composed of contiguous parcels, if located partially
outside of a transit area; and
! Be located wholly within a transit area and not extend more
than one-quarter mile from the edge of a transit area, unless
the department allows otherwise.
A transit-oriented community is required to demonstrate that it has
met is housing opportunity goal by submitting a housing opportunity goal
report to the department of local affairs (department). A housing
opportunity goal report must include:
! The housing opportunity goal calculation that the
transit-oriented community used in determining its housing
opportunity goal;
! Evidence that the transit-oriented community has met its
1313
-2- housing opportunity goal;
! A map that identifies the boundaries of any transit centers
within the transit-oriented community;
! If relevant, a plan to address potential insufficient water
supplies for meeting the transit-oriented community's
housing opportunity goal;
! Affordability strategies that the transit-oriented community
will implement in meeting its housing opportunity goal.
The transit-oriented community shall select some of these
strategies from the standard and long-term affordability
strategies menus in the bill, and the transit-oriented
community shall include an implementation plan describing
how it will implement these strategies.
! Any displacement mitigation strategies that the
transit-oriented community has or will adopt from the
displacement mitigation strategies menu in the bill and an
implementation plan describing how it will implement
these strategies.
Additionally, the bill requires a transit-oriented community to submit a
progress report to the department every 3 years.
After receiving a transit-oriented community's housing opportunity
goal report, the department shall either approve the report or provide
direction to the transit-oriented community for amending and
resubmitting the report and require the transit-oriented community to
resubmit the report. If a transit-oriented community does not submit a
housing opportunity goal report to the department on or before December
31, 2026, or if the department does not approve a transit-oriented
community's housing opportunity goal report, the department will
designate the transit-oriented community as a nonqualified
transit-oriented community. Similarly, if a transit-oriented community
does not submit a progress report to the department every 3 years, or if
the department does not approve a transit-oriented community's progress
report, the department will designate the transit-oriented community as a
nonqualified transit-oriented community.
The state treasurer shall transfer any money that a nonqualified
transit-oriented community would have otherwise been allocated from the
highway users tax fund instead to the transit-oriented communities
highway users tax account (account). The department shall not use any
money in the account that is attributable to a specific nonqualified
transit-oriented community until 180 days after the transit-oriented
community became a nonqualified transit-oriented community. If a
nonqualified transit-oriented community no longer qualifies as a
nonqualified transit-oriented community during that 180-day period, the
treasurer shall issue a warrant to the transit-oriented community for the
amount of money that was diverted from the transit-oriented community
1313
-3- to the account.
If the department does not approve a transit-oriented community's
housing opportunity goal report on or before December 31, 2027, the
department may seek an injunction requiring the transit-oriented
community to comply with the requirements of the bill.
In addition to designating an area as a transit center for purposes
of meeting a housing opportunity goal, the bill allows local governments
to designate an area as a neighborhood center so long as the local
government ensures that the area:
! Has an average zoned housing density sufficient to increase
public transit ridership;
! Has an administrative approval process for multifamily
residential property development on parcels that are no
larger than a size determined by the department;
! Has a mixed-use walkable neighborhood; and
! Satisfies any other criteria required by the department.
The bill also creates the transit-oriented communities infrastructure
fund grant program (grant program) within the department. The purpose
of the grant program is to assist local governments in upgrading
infrastructure within transit centers and neighborhood centers. In
administering the grant program, the department shall prioritize grant
applicants based on the information in the reports described in the bill.
Grants from the grant program are awarded from money in the
transit-oriented communities infrastructure fund (fund). The fund consists
of gifts, grants, and donations along with money that the general assembly
may appropriate or transfer to the fund and money in the account
described in the bill. The fund is continuously appropriated. On July 1,
2024, the state treasurer shall transfer $35 million from the general fund
to the fund.
Section 2 prohibits a planned unit development resolution or
ordinance for a planned unit development that is adopted on or after the
effective date of the bill and that applies within a transit-oriented center
or neighborhood center from restricting the development of housing more
than the local law that applies to that transit-oriented center or
neighborhood center.
Section 3 states that any restriction by a unit owners' association
within a transit-oriented center or neighborhood center on the
development of housing that is adopted on or after the effective date of
the bill and is beyond the local law that applies to that transit-oriented
center or neighborhood center is void as a matter of public policy.
Sections 4 and 5 require the Colorado housing and financing
authority to allocate tax credits under the state affordable housing tax
credit to qualified housing developments within transit centers.
1313-4- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 35 to title2
29 as follows:3
ARTICLE 35 4
State Land Use Criteria For Strategic Growth5
PART 16
DEFINITIONS7
29-35-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 35 IS8
THE "STATE LAND USE CRITERIA FOR STRATEGIC GROWTH ACT".9
29-35-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY10
HEREBY FINDS, DETERMINES, AND DECLARES THAT:11
(a) S
INCE THE "LOCAL GOVERNMENT LAND USE CONTROL12
E
NABLING ACT OF 1974", ARTICLE 20 OF TITLE 29, WAS ADOPTED,13
C
OLORADO'S POPULATION HAS MORE THAN DOUBLED , WITH THE STATE14
GROWING AT TWICE THE NATIONAL RATE BETWEEN 2010 AND 2020;15
(b) T
HE COLORADO STATE DEMOGRAPHY OFFICE ESTIMATES THAT16
C
OLORADO WILL ADD ONE MILLION SEVEN HUNDRED THOUSAND TWO17
HUNDRED PEOPLE BY 2050, BRINGING COLORADO'S POPULATION TO18
NEARLY SEVEN MILLION FIVE HUNDRED THOUSAND . THE NEED FOR19
HOUSING FOR THE GROWING POPULATION IS AN ISSUE THAT AFFECTS ALL20
C
OLORADO COMMUNITIES REGARDLESS OF REGION OR SIZE . IN A21
BIPARTISAN POLL CONDUCTED BY THE COLORADO POLLING INSTITUTE IN22
N
OVEMBER 2023, COLORADO VOTERS LISTED HOUSING AFFORDABILITY AS23
ONE OF THEIR TOP FIVE ISSUES FOR THE COLORADO STATE GOVERNMENT24
TO ADDRESS. THEREFORE, IT IS CRITICAL TO ADDRESS THE COST AND25
AVAILABILITY OF HOUSING ACROSS THE STATE TO ADDRESS HISTORIC26
POPULATION GROWTH.27
1313
-5- (c) IN EXPERIENCING SIGNIFICANT POPULATION GROWTH AT A TIME1
OF INCREASED VEHICLE OWNERSHIP AND COMMUTE TIMES , THE SUPPLY2
AND AFFORDABILITY OF HOUSING IN ONE COMMUNITY AFFECTS THE3
RESOURCES OF NEIGHBORING COMMUNITIES . COLORADO'S NEED FOR4
HOUSING IMPACTS THE STATE'S TRANSIT, TRANSPORTATION, EMPLOYMENT,5
ECONOMY, ENERGY, WATER, AND INFRASTRUCTURE AND REQUIRES6
INNOVATIVE, COLLABORATIVE SOLUTIONS.7
(d) C
OLORADO'S HOUSING SUPPLY HAS NOT KEPT PACE WITH8
POPULATION GROWTH IN THE STATE . BETWEEN 2010 AND 2020,9
C
OLORADO ADDED ONE HUNDRED TWENTY -SIX THOUSAND FEWER10
HOUSING UNITS THAN IN THE PRIOR DECADE , DESPITE COLORADO'S11
POPULATION INCREASING BY A SIMILAR AMOUNT IN EACH DECADE . THE12
STATE DEMOGRAPHER ESTIMATES THAT BETWEEN APPROXIMATELY13
SIXTY-FIVE THOUSAND AND NINETY THOUSAND HOUSING UNITS ARE14
NEEDED TO KEEP PACE WITH COLORADO'S CURRENT POPULATION GROWTH .15
(e) A
CROSS THE STATE, COLORADO NEEDS MORE HOUSING16
URGENTLY TO SUPPORT OUR GROWING WORKFORCE , AND HOUSING17
OPPORTUNITIES ARE NEEDED ACROSS ALL INCOME LEVELS . ADDRESSING18
THE CRITICAL ISSUE OF COST AND AVAILABILITY OF HOUSING REQUIRES19
MAINTAINING AND EXPANDING ACCESS TO AFFORDABLE AND ATTAINABLE20
HOUSING BY REMOVING BARRIERS TO AND EXPEDITING NEW HOUSING21
OPPORTUNITIES FOR EVERY COMMUNITY , ESPECIALLY NEAR TRANSIT. AS22
HOUSING RENTS AND PRICES HAVE INCREASED FASTER THAN WAGES23
ACROSS THE STATE , INDIVIDUAL HOUSEHOLDS ARE EXPERIENCING24
DISPLACEMENT FROM HOMES THEY COULD ONCE AFFORD AND HAVING TO25
LIVE FARTHER FROM WORK WITH INCREASED COMMUTE TIMES . AS STATE26
AND LOCAL GOVERNMENTS SEEK TO INCREASE HOUSING OPTIONS AND27
1313
-6- ADDRESS AFFORDABILITY FOR RESIDENTS , IT IS ESSENTIAL TO PROVIDE1
SOLUTIONS THAT INCORPORATE TRANSIT NEEDS AS WELL .2
(f) B
ETWEEN 2010 AND 2021, THE PERCENTAGE OF COLORADANS3
MAKING LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR WHO4
WERE HOUSING COST-BURDENED, MEANING THEY SPEND MORE THAN5
THIRTY PERCENT OF THEIR INCOME ON HOUSING NEEDS , INCREASED FROM6
FIFTY-FOUR PERCENT TO SIXTY-ONE PERCENT, AND, FOR RENTERS MAKING7
LESS THAN SEVENTY -FIVE THOUSAND DOLLARS A YEAR , THAT8
PERCENTAGE INCREASED FROM FIFTY -NINE PERCENT TO SEVENTY-THREE9
PERCENT, ACCORDING TO THE AMERICAN COMMUNITY SURVEY;10
(g) N
ATIONALLY, CITIES WITH THE HIGHEST HOUSING COSTS AND11
LOWEST VACANCY RATES EXPERIENCE THE HIGHEST RATES OF12
HOMELESSNESS, ACCORDING TO A REPORT BY THE URBAN INSTITUTE,13
"U
NSHELTERED HOMELESSNESS: TRENDS, CHARACTERISTICS, AND14
H
OMELESS HISTORIES". THESE INDICATORS EXPLAIN A GREATER PORTION15
OF THE VARIATION IN REGIONAL RATES OF HOMELESSNESS THAN OTHER16
COMMONLY ASSUMED FACTORS , SUCH AS POVERTY RATE, SUBSTANCE USE,17
OR MENTAL ILLNESS, ACCORDING TO A STUDY IN THE EUROPEAN JOURNAL18
OF HOUSING POLICY, "THE ECONOMICS OF HOMELESSNESS: THE19
E
VIDENCE FROM NORTH AMERICA".20
(h) H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING21
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A22
METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL23
B
UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND24
H
OUSING SUPPLY" AND "THE IMPACT OF ZONING ON HOUSING25
A
FFORDABILITY". INCREASING HOUSING SUPPLY MODERATES PRICE26
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL27
1313
-7- INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC1
I
MPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC2
P
ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND3
A
FFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.4
(i) R
ESEARCHERS HAVE FOUND SUBSTANTIAL EVIDENCE THAT NEW5
HOUSING CONSTRUCTION ENABLES HOUSEHOLDS TO MOVE WITHIN A6
REGION, OPENS UP HOUSING OPTIONS FOR MORE DIVERSE INCOME LEVELS ,7
AND PROMOTES COMPETITION THAT LIMITS HOUSING COST INCREASES ,8
ACCORDING TO THE NEW YORK UNIVERSITY LAW AND ECONOMICS9
RESEARCH PAPER "SUPPLY SKEPTICISM REVISITED". WHILE NEW HOUSING10
SUPPLY CAN RARELY MEET THE NEEDS OF THE LOWEST INCOME11
HOUSEHOLDS, ENABLING NEW HOUSING SUPPLY CAN MODERATE PRICE12
INCREASES AND REDUCE THE NUMBER OF HOUSEHOLDS THAT NEED13
SUBSIDIES TO AFFORD HOUSING . RESIDENT OPPOSITION FREQUENTLY14
LIMITS NEW HOUSING DEVELOPMENT IN EXISTING COMMUNITIES AND15
EITHER LEADS TO LESS HOUSING PRODUCTION AND INCREASED HOUSING16
COSTS OR PUSHES HOUSING DEVELOPMENT TO GREENFIELD AREAS WHERE17
THERE ARE FEWER NEIGHBORS BUT GREATER ENVIRONMENTAL AND FISCAL18
COSTS.19
29-35-103. Definitions. A
S USED IN THIS ARTICLE 35, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
(1) "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT
THAT:22
(a) SATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING23
A
CT", 42 U.S.C. SEC. 3601 ET SEQ., AS
AMENDED;24
(b) INCORPORATES UNIVERSAL DESIGN ; OR25
(c) IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-10126
(10); A TYPE A MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION27
1313
-8- 9-5-101 (11); A TYPE B DWELLING UNITY, AS DEFINED IN SECTION 9-5-1011
(12); OR A TYPE B MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION2
9-5-101 (13).3
(2) (a) "A
DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS4
IN WHICH:5
(I) A
DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS6
APPROVED, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL7
GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE8
WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS ; AND9
(II) D
OES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE ,10
A PUBLIC HEARING, A RECOMMENDATION, OR A DECISION BY AN ELECTED11
OR APPOINTED PUBLIC BODY OR A HEARING OFFICER .12
(b) N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN13
ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED14
HISTORIC PRESERVATION COMMISSION TO MAKE A DECISION , OR TO MAKE15
A RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF ,16
REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT17
THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY ,18
PROVIDED THAT:19
(I) T
HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY20
C
OLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED21
LOCAL GOVERNMENT ; AND22
(II) T
HE APPOINTED HISTORIC PRESERVATION COMMISSION 'S23
DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET24
FORTH IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE25
INTERIOR OF THE UNITED STATES.26
(3) "A
PPLICABLE TRANSIT PLAN" MEANS A PLAN OF A TRANSIT
27
1313
-9- AGENCY WHOSE SERVICE TERRITORY IS WITHIN A METROPOLITAN1
PLANNING ORGANIZATION, INCLUDING A SYSTEM OPTIMIZATION PLAN OR2
A TRANSIT MASTER PLAN THAT:3
(a) H
AS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT
4
AGENCY ON OR AFTER JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1,5
2024;6
(b) I
DENTIFIES THE PLANNED FREQUENCY AND SPAN OF SERVICE
7
FOR TRANSIT SERVICE OR SPECIFIC TRANSIT ROUTES ; AND8
(c) I
DENTIFIES SPECIFIC TRANSIT ROUTES FOR SHORT -TERM
9
IMPLEMENTATION ACCORDING TO THAT PLAN , OR IMPLEMENTATION10
BEFORE JANUARY 1, 2030.11
(4) "BUS RAPID TRANSIT SERVICE" MEANS A TRANSIT12
SERVICE:13
(a) THAT IS IDENTIFIED AS BUS RAPID TRANSIT BY A TRANSIT14
AGENCY, IN A METROPOLITAN PLANNING ORGANIZATION 'S FISCALLY15
CONSTRAINED LONG RANGE TRANSPORTATION PLAN OR IN AN APPLICABLE16
TRANSIT PLAN; AND17
(b) THAT TYPICALLY INCLUDES ANY NUMBER OF THE FOLLOWING:18
(I) SERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES19
OR LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS ;20
(II) DEDICATED LANES OR BUSWAYS ;21
(III) TRAFFIC SIGNAL PRIORITY;22
(IV) OFF-BOARD FARE COLLECTION;23
(V) ELEVATED PLATFORMS; OR24
(VI) ENHANCED STATIONS.25
(5) "COMMUTER BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID26
TRANSIT SERVICE THAT OPERATES FOR A MAJORITY OF ITS ROUTE ON A27
1313
-10- FREEWAY WITH ACCESS THAT IS LIMITED TO GRADE-SEPARATED1
INTERCHANGES. 2
(6) "COMMUTER RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE3
BETWEEN AND WITHIN METROPOLITAN AND SUBURBAN AREAS .4
(7) "COUNTY" MEANS A COUNTY INCLUDING A HOME RULE5
COUNTY, BUT EXCLUDING A CITY AND COUNTY .6
(8) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS . 7
(9) "DISPLACEMENT" MEANS:8
9
(a) T
HE INVOLUNTARY RELOCATION OF RESIDENTS , PARTICULARLY
10
LOW-INCOME RESIDENTS, OR LOCALLY-OWNED COMMUNITY -SERVING11
BUSINESSES AND INSTITUTIONS DUE TO:12
(I) I
NCREASED REAL ESTATE PRICES , RENTS, PROPERTY
13
REHABILITATION, REDEVELOPMENT, DEMOLITION, OR OTHER ECONOMIC14
FACTORS;15
(II) P
HYSICAL CONDITIONS RESULTING FROM NEGLECT AND
16
UNDERINVESTMENT THAT RENDER A RESIDENCE UNINHABITABLE ; OR17
(III) P
HYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS
18
AND COMMERCIAL SPACES ARE LOST DUE TO PROPERTY REHABILITATION ,19
REDEVELOPMENT, OR DEMOLITION;20
(b) I
NDIRECT DISPLACEMENT RESULTING FROM CHANGES IN
21
NEIGHBORHOOD POPULATION , IF, WHEN LOW-INCOME HOUSEHOLDS MOVE22
OUT OF HOUSING UNITS, THOSE SAME HOUSING UNITS DO NOT REMAIN23
AFFORDABLE TO OTHER LOW -INCOME HOUSEHOLDS IN THE24
NEIGHBORHOOD, OR DEMOGRAPHIC CHANGES THAT REFLECT THE25
RELOCATION OF EXISTING RESIDENTS FOLLOWING WIDESPREAD26
RELOCATION OF THEIR COMMUNITY AND COMMUNITY -SERVING ENTITIES.27
1313
-11- (10) "LIGHT RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE1
THAT USES ELECTRICALLY POWERED RAIL -BORNE CARS.2
(11) "LOCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR3
TRIBAL NATION WITH JURISDICTION IN COLORADO.4
(12) "LOCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,5
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT6
GOVERNS THE DEVELOPMENT AND USE OF LAND , INCLUDING BUT NOT7
LIMITED TO LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.8
(13) "METROPOLITAN PLANNING ORGANIZATION " MEANS A9
METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT10
A
CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.11
(14)
"MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY12
OR TOWN, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.13
(15) "OBJECTIVE STANDARD" MEANS A STANDARD THAT:14
(a) I
S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR15
DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED16
REGARDLESS OF THE DECISION MAKER ; AND17
(b) D
OES NOT REQUIRE A SUBJECTIVE DETERMINATION18
CONCERNING A DEVELOPMENT PROPOSAL , INCLUDING BUT NOT LIMITED TO19
WHETHER THE APPLICATION FOR THE DEVELOPMENT PROPOSAL IS :20
(I) C
ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT21
PLANS;22
(II) C
OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE23
AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION ; OR24
(III) C
ONSISTENT WITH PUBLIC WELFARE , COMMUNITY25
CHARACTER, OR NEIGHBORHOOD CHARACTER .26
(16) "R
EGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE
27
1313
-12- HOUSING THAT:1
(a) H
AS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX
2
CREDITS FROM ANY SOURCE TO SUPPORT THE CREATION , PRESERVATION,3
OR REHABILITATION OF AFFORDABLE HOUSING THAT , AS A CONDITION OF4
FUNDING, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT5
OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY , OR HAS6
BEEN INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING7
ORDINANCE OR OTHER REGULATION OR PROGRAM ;8
(b) R
ESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR
9
HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME , AS10
ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF11
HOUSING AND URBAN DEVELOPMENT ; AND12
(c) E
NSURES OCCUPANCY BY LOW - TO MODERATE-INCOME
13
HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE14
COVENANT OR SIMILAR RECORDED AGREEMENT .15
(17) "UNIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED16
AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL17
REGARDLESS OF AGE OR ABILITIES.18
(18) "URBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID19
TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE20
MAJORITY OF ITS ROUTE.21
(19) "VISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON22
WITH A DISABILITY CAN ENTER, MOVE AROUND THE PRIMARY ENTRANCE23
FLOOR OF, AND USE THE BATHROOM IN.24
PART 225
TRANSIT-ORIENTED COMMUNITIES26
29-35-201. Legislative declaration. (1) T
HE GENERAL ASSEMBLY27
1313
-13- HEREBY FINDS, DETERMINES, AND DECLARES THAT:1
(a) M
ULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE THAN2
SINGLE-UNIT DWELLINGS. ACCORDING TO THE AMERICAN COMMUNITY3
S
URVEY, COLORADO MULTIFAMILY UNITS COST BETWEEN FOURTEEN AND4
FORTY-THREE PERCENT LESS TO RENT IN 2019, DEPENDING ON THE SIZE OF5
THE BUILDING, COMPARED TO SINGLE-UNIT DETACHED DWELLINGS .6
(b) A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IS7
IMPORTANT FOR THE COST EFFECTIVENESS AND AVAILABILITY OF8
AFFORDABLE HOUSING . AN ANALYSIS OF OVER SIXTY AFFORDABLE9
HOUSING PROJECTS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND10
URBAN DEVELOPMENT IN TRANSIT -ORIENTED AREAS IN COLORADO SINCE11
2010
FOUND THAT HALF WERE DEVELOPED AT OVER FIFTY UNITS PER ACRE ,12
AND TWENTY PERCENT WERE OVER ONE HUNDRED UNITS PER ACRE .13
(c) T
HROUGHOUT COLORADO, LESS THAN HALF OF AVAILABLE14
ZONING CAPACITY IS TYPICALLY UTILIZED, AND GREATER UTILIZATION OF15
ZONING CAPACITY IS NECESSARY TO MEET ANTICIPATED HOUSING NEEDS .16
N
UMEROUS FACTORS CURRENTLY PREVENT DEVELOPMENT FROM FULLY17
UTILIZING AVAILABLE ZONING CAPACITY AND ALLOWED DENSITIES ,18
INCLUDING SITE LEVEL CONSTRAINTS , FINANCIAL FEASIBILITY AND19
DEMAND, AND LANDOWNERS' WILLINGNESS TO SELL OR REDEVELOP.20
(d) C
OLORADO HAS INVESTED SIGNIFICANTLY IN PUBLIC TRANSIT21
IN THE LAST SEVERAL DECADES , FUNDING OVER SIX BILLION DOLLARS22
ACROSS EIGHTY-FIVE MILES OF NEW RAIL LINES. THE INVESTMENTS WILL23
CONTINUE IN THE COMING YEARS WITH NEW BUS RAPID TRANSIT AND RAIL24
SYSTEMS ALONG THE FRONT RANGE . DESPITE THESE INVESTMENTS ,25
TRANSIT RIDERSHIP LAGS BEHIND PEER AGENCIES AROUND THE COUNTRY ,26
DUE AT LEAST IN PART TO A LACK OF DENSITY NEAR THESE TRANSIT LINES .27
1313
-14- BEFORE THE COVID-19 PANDEMIC, THE REGIONAL TRANSPORTATION1
DISTRICT HAD TWO AND THREE -TENTHS RIDES PER VEHICLE REVENUE MILE2
ON THEIR RAIL SYSTEM, COMPARED TO OVER FOUR RIDES PER VEHICLE3
REVENUE MILE FOR AGENCIES IN MINNEAPOLIS AND PORTLAND AND OVER4
EIGHT RIDES PER VEHICLE REVENUE MILE IN SEATTLE, ACCORDING TO5
DATA FROM THE FEDERAL TRANSIT ADMINISTRATION 'S NATIONAL TRANSIT6
DATABASE.7
(e) A
LLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT NEAR8
TRANSIT IS IMPORTANT FOR INCREASING TRANSIT RIDERSHIP AND9
IMPROVING THE COST EFFECTIVENESS OF TRANSIT SERVICES .10
R
ESEARCHERS HAVE FOUND THAT HIGHER BUILT GROSS DENSITIES11
CITYWIDE INCREASE COST-EFFECTIVENESS FOR LIGHT RAIL AND BUS RAPID12
TRANSIT SERVICES, AS DESCRIBED IN THE ARTICLE, "COST OF A RIDE: THE13
E
FFECTS OF DENSITIES ON FIXED-GUIDEWAY TRANSIT RIDERSHIP AND14
C
OSTS" BY ERICK GUERRA AND ROBERT CERVERO.15
(f) M
OST LIGHT AND COMMUTER RAIL STATIONS AND FREQUENT16
BUS CORRIDORS IN COLORADO HAVE LOWER HOUSING UNIT DENSITY THAN17
IS NECESSARY TO SUPPORT FREQUENT TRANSIT . BASED ON 2020 CENSUS18
BLOCK HOUSING UNIT DATA , OVER NINETY PERCENT OF RAIL STATIONS19
AND EIGHTY-FOUR PERCENT OF BUS RAPID TRANSIT AND FREQUENT BUS20
CORRIDORS IN COLORADO HAVE LESS THAN FIFTEEN HOUSING UNITS PER21
ACRE ON AVERAGE WITHIN WALKING DISTANCE . RESEARCHERS HAVE22
GENERALLY FOUND A MINIMUM OF FIFTEEN HOUSING UNITS PER ACRE OF23
BUILT DENSITY IS NEEDED TO SUPPORT FREQUENT TRANSIT .24
(g) L
IVING NEAR TRANSIT, JOBS, AND SERVICES ENABLES25
HOUSEHOLDS TO ALSO SAVE ON TRANSPORTATION COSTS BY OWNING26
FEWER VEHICLES AND REDUCING FUEL CONSUMPTION . COLORADANS27
1313
-15- COMMUTE OVER FIFTY MINUTES TO AND FROM WORK ON AVERAGE ,1
ACCORDING TO THE LATEST AMERICAN COMMUNITY SURVEY'S FIVE YEAR2
ESTIMATES. ANALYSES OF TRANSIT-ORIENTED COMMUNITIES HAVE FOUND3
THAT RESIDENTS TAKE AN AVERAGE OF FORTY -FOUR PERCENT FEWER4
VEHICLE TRIPS, ACCORDING TO THE ARTICLE "VEHICLE TRIP REDUCTION5
I
MPACTS OF TRANSIT-ORIENTED HOUSING" IN THE JOURNAL OF PUBLIC6
T
RANSPORTATION.7
(h) I
N COLORADO, HOUSEHOLDS IN MORE DENSE AREAS , WHICH8
ARE DEFINED AS CENSUS TRACTS WITH MORE THAN FOUR T HOUSAND UNITS9
PER SQUARE MILE OR ABOUT FIFTEEN UNITS PER ACRE , DRIVE TWENTY10
PERCENT LESS THAN THE STATE AVERAGE , AND HIGHER DENSITY AREAS,11
CENSUS TRACTS WITH MORE THAN TEN THOUS AND UNITS PER SQUARE MILE12
OR ABOUT FORTY UNITS PER ACRE, DRIVE FORTY PERCENT LESS THAN THE13
STATE AVERAGE, ACCORDING TO DATA FROM THE 2017 NATIONAL14
HOUSEHOLD TRAVEL SURVEY ;15
(i) H
IGH TRANSPORTATION COSTS IMPACT LOW -INCOME16
HOUSEHOLDS IN PARTICULAR . HOUSEHOLDS MAKING LESS THAN FORTY17
THOUSAND DOLLARS PER YEAR IN THE WESTERN UNITED STATES ARE18
SPENDING OVER TWENTY -FOUR PERCENT OF THEIR INCOME ON19
TRANSPORTATION, WHEN SPENDING MORE THAN FIFTEEN PERCENT OF20
INCOME ON TRANSPORTATION IS CONSIDERED COST BURDENED ,21
ACCORDING TO DATA FROM THE BUREAU OF LABOR STATISTICS CONSUMER22
EXPENDITURE SURVEYS.23
(j) I
N ADDITION TO SAVING ON TRANSPORTATION COSTS BY LIVING24
NEAR TRANSIT, OWNING FEWER VEHICLES AND TRAVELING TO WORK AND25
ACCESSING SERVICES WITHOUT DRIVING OR DRIVING LESS REDUCES26
GREENHOUSE GAS EMISSIONS AND AIR POLLUTION , WHICH IMPACTS AIR27
1313
-16- QUALITY NOT JUST IN TRANSIT-ORIENTED COMMUNITIES BUT IN GREATER1
REGIONS ACROSS THE STATE;2
(k) I
N COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE IS3
SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO4
SINGLE-UNIT DETACHED DWELLINGS , ACCORDING TO THE NATIONAL5
RENEWABLE ENERGY LABORATORY RESTOCK ANALYSIS TOOL ;6 (l) SCENARIOS ANALYZED FOR THE "COLORADO WATER AND7
GROWTH DIALOGUE FINAL REPORT" WITH HIGHER PERCENTAGE OF8
FUTURE HOUSING SHIFTING TO HIGHER DENSITIES WERE ESTIMATED TO9
ACHIEVE A TOTAL DECREASE IN WATER DEMAND BETWEEN FOUR AND10
EIGHT TENTHS PERCENT AND NINETEEN AND FOUR TENTHS PERCENT ;11
(m) N
ATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS12
BETWEEN DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED13
S
TATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER14
DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND15
MAINTENANCE COSTS FOR WATER , SEWER, AND TRANSPORTATION16
INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE . THESE17
INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL18
GOVERNMENTS.19
(n) A
STUDY FOR A MUNICIPALITY IN COLORADO FOUND THAT20
DOUBLING THE AVERAGE RESIDENTIAL DENSITY FOR FUTURE GROWTH21
WOULD SAVE THIRTY-ONE PERCENT IN CAPITAL AND MAINTENANCE COSTS22
OVER TWENTY YEARS;23
(o) A
CCORDING TO A 2022 ARTICLE TITLED "DOES DISCRETION24
D
ELAY DEVELOPMENT?" IN THE JOURNAL OF THE AMERICAN PLANNING25
A
SSOCIATION, RESIDENTIAL PROJECTS USING ADMINISTRATIVE APPROVAL26
PROCESSES ARE APPROVED TWENTY -EIGHT PERCENT FASTER THAN THOSE27
1313
-17- USING DISCRETIONARY APPR OVAL PROCESSES , AND FASTER APPROVAL1
TIMES REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS .2
S
TUDIES HAVE SHOWN THAT HOMEBUILDERS , INCLUDING AFFORDABLE3
HOUSING DEVELOPERS, WILL AVOID PARCELS THAT NEED TO GO THROUGH4
A DISCRETIONARY PROCESS.5
(p) C
OMMUNITY OPPOSITION TO SPECIFIC AFFORDABLE HOUSING6
DEVELOPMENTS FREQUENTLY CAUSES DELAYS , INCREASES COSTS,7
REDUCES THE NUMBER OF HOUSING UNITS DELIVERED , PUSHES SITING OF8
AFFORDABLE HOUSING TO LESS OPPORTUNITY -RICH AREAS, AND PREVENTS9
DEVELOPMENTS FROM OCCURRING ALTOGETHER , ACCORDING TO STUDIES10
SUCH AS "DEMOCRACY IN ACTION? NIMBY AS IMPEDIMENT TO11
E
QUITABLE AFFORDABLE HOUSING SITING" IN THE JOURNAL HOUSING12
S
TUDIES;13
(q) R
ESEARCHERS HAVE FOUND THAT UPWARD MOBILITY IS14
SIGNIFICANTLY GREATER IN MORE COMPACT DEVELOPMENT AREAS THAN15
IN LOW-DENSITY AREAS, PRIMARILY DUE TO BETTER JOB ACCESSIBILITY BY16
MULTIPLE TRANSPORTATION MODES , ACCORDING TO THE STUDY "DOES17
U
RBAN SPRAWL HOLD DOWN UPWARD MOBILITY?", PUBLISHED IN THE18
J
OURNAL OF LANDSCAPE AND URBAN PLANNING;19
(r) TRANSIT-ORIENTED DEVELOPMENT, INCLUDING CONNECTING20
HOUSING OPPORTUNITIES AND SERVICES WITH SAFE MULTIMODAL21
INFRASTRUCTURE AND PUBLIC TRANSIT, IMPROVES THE ACCESSIBILITY OF22
CITIES FOR PEOPLE WITH DISABILITIES AND THOSE WITH LIMITED MOBILITY.23
PEOPLE WITH DISABILITIES ARE MORE LIKELY TO LIVE IN HOUSEHOLDS24
WITH ZERO CARS, ARE LESS LIKELY TO DRIVE, AND ARE MORE LIKELY TO25
RELY ON PUBLIC TRANSIT OR PARATRANSIT , ACCORDING TO THE 201726
"NATIONAL HOUSEHOLD TRAVEL SURVEY";27
1313
-18- (s) ACCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION1
ROADMAP PUBLISHED BY THE COLORADO ENERGY OFFICE , DATED2
J
ANUARY 14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST3
SOURCE OF GREENHOUSE GAS POLLUTION IN COLORADO. NEARLY SIXTY4
PERCENT OF THE GREENHOUSE GAS EMISSIONS FROM THE5
TRANSPORTATION SECTOR COME FROM LIGHT -DUTY VEHICLES, WHICH ARE6
THE MAJORITY OF CARS AND TRUCKS THAT COLORADANS DRIVE EVERY7
DAY.8 (t) MOTOR VEHICLE POLLUTION, INCLUDING GREENHOUSE GAS9
EMISSIONS, DOES NOT STAY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE10
LOCAL GOVERNMENT WH ERE IT IS EMITTED ;11
(u) THE GREENHOUSE GAS TRANSPORTATION PL ANNING STANDARD12
ADOPTED BY THE TRANSPORTATION COMMISSION OF COLORADO IN 202113
SET A STATEWIDE TARGET TO REDUCE TRANSPORTATION GREENHOUSE GAS14
EMISSIONS THROUGH THE TRANSPORTATION PLANNING PROCESS BY ONE15
MILLION FIVE HUNDRED THOUSAND TONS BY 2030; AND16
(v) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY17
HAS CLASSIFIED THE DENVER METRO AND NORTH FRONT RANGE AREA AS18
BEING IN SEVERE NON-ATTAINMENT FOR OZONE AND GROUND LEVEL19
OZONE, WHICH HAS SERIOUS IMPACTS ON HUMAN HEALTH , PARTICULARLY20
FOR VULNERABLE POPULATIONS .21
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :22
(a) T
HE CONSEQUENCES OF COMMUNITY OPPOSITION AND LOCAL23
LAND USE POLICIES THAT LIMIT HOUSING SUPPLY IN TRANSIT -ORIENTED24
COMMUNITIES IMPACT HOUSING OPTIONS FOR COLORADANS OF LOW AND25
MODERATE INCOMES AND WORKFORCE HOUSING TO SUPPORT26
EMPLOYMENT GROWTH . INCREASING HIGHER-DENSITY HOUSING IN27
1313
-19- TRANSIT-ORIENTED COMMUNITIES ENSURES STABLE QUANTITY AND1
QUALITY OF HOUSING FOR EVER YONE AND CORRECTS POLICIES THAT2
PERPETUATE SEGREGATED AND UNEQUAL COMMUNITIES , REDUCED3
MOBILITY AND LONG COMMUTES , REDUCED OPTIONS FOR OLDER ADULTS4
TO AGE IN THEIR COMMUNITY OF CHOICE , LOSS OF OPEN SPACE AND5
AGRICULTURAL LAND, HIGH WATER USAGE, AND INCREASED GREENHOUSE6
GAS AND AIR POLLUTION.7
(b) T
HERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL8
GOVERNMENTS RESTRICT HOUSING DEVELOPMENT WITHIN THEIR9
JURISDICTIONS. THE CALL FOR JOB GROWTH IN ONE COMMUNITY THAT10
DOES NOT ALSO ADDRESS THE NEED FOR ADDITIONAL HOUSING AFFECTS11
THE DEMAND OF HOUSING DEVELOPMENT IN NEIGHBORING JURISDICTIONS .12
I
N COLORADO, THE NUMBER OF JOBS WITHIN LARGE MUNICIPALITIES IS13
GENERALLY CORRELATED TO THE MUNICIPALITY 'S TRANSIT SERVICE, AND14
RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES BETWEEN JOBS AND15
HOUSING HAVE A SIGNIFICANT IMPACT ON VEHICLE MILES TRAVELED AND16
COMMUTE TIMES ACROSS JURISDICTIONS , ACCORDING TO STUDIES SUCH AS17
"W
HICH REDUCES VEHICLE TRAVEL MORE: JOBS-HOUSING BALANCE OR18
R
ETAIL-HOUSING MIXING?", PUBLISHED IN THE JOURNAL OF THE19
A
MERICAN PLANNING ASSOCIATION. WHEN PEOPLE ARE UNABLE TO LIVE20
NEAR WHERE THEY WORK , WORKERS HAVE NO OPTIONS BUT TO SPEND21
MORE HOURS ON THE ROAD COMMUTING TO AND FROM WORK . THE22
LONGER COMMUTE INCREASES VEHICLE TRAFFIC AND PUTS ADDITIONAL23
STRAIN ON COLORADO'S ROADS AND INCREASES POLLUTION .24
(c) T
HE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF25
MIXED STATEWIDE AND LOCAL CONCERN . THEREFORE, IT IS THE INTENT OF26
THE GENERAL ASSEMBLY IN ENACTING THIS PART 2 TO:27
1313
-20- (I) PROVIDE FUNDING FOR INFRASTRUCTURE AND AFFORDABLE1
HOUSING TO SUPPORT LOCAL GOVERNMENTS WHOSE ZONING DOES MEET2
THE GOALS OF THIS PART 2, AND TO ENCOURAGE MORE DENSE3
MULTIFAMILY HOUSING DEVELOPMENT PROJECTS THAT CAN ADDRESS THE4
STATE'S HOUSING SHORTAGE FOR ALL PARTS OF THE INCOME SPECTRUM ,5
AND SUPPORT MORE FISCALLY AND ENVIRONMENTALLY SUSTAINABLE6
DEVELOPMENT PATTERNS ;7
(II) I
MPROVE REGIONAL COLLABORATION AND OUTCOMES BY8
REDUCING THE ABILITY OF INDIVIDUAL LOCAL GOVERNMENTS ' LAND USE9
RESTRICTIONS TO NEGATIVELY INFLUENCE REGIONAL CONCERNS SUCH AS10
HOUSING AFFORDABILITY, OPEN SPACE, TRAFFIC, AND AIR POLLUTION; AND11
(III) C
OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING12
POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE13
QUALITY AND QUANTITY OF HOUSING FOR COLORADANS; AND14
(d) C
OLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING15
POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE16
QUALITY AND QUANTITY OF HOUSING FOR COLORADANS AS THIS IS AMONG17
THE MOST PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES18
THROUGHOUT COLORADO.19
(3) T
HEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND20
DECLARES THAT THE LACK OF HOUSING SUPPLY AND UNSUSTAINABLE21
DEVELOPMENT PATTERNS REQUIRE A STATEWIDE SOLUTION THAT22
ADDRESSES LOCAL GOVERNMENT POLICIES THAT EFFECTIVELY LIMIT THE23
CONSTRUCTION OF A DIVERSE RANGE OF HOUSING TYPES IN AREAS24
ALREADY SERVED BY INFRASTRUCTURE OR IN CLOSE PROXIMITY TO JOBS25
AND PUBLIC TRANSIT , ALONG WITH A LACK OF FUNDING FOR26
INFRASTRUCTURE AND AFFORDABLE HOUSING NEAR TRANSIT -ORIENTED27
1313
-21- COMMUNITIES.1
(4) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT2
INCREASING HOUSING IN TRANSIT-ORIENTED COMMUNITIES IS A MATTER3
OF MIXED STATEWIDE AND LOCAL CONCERN .4
29-35-202. Definitions. A
S USED IN THIS PART 2, UNLESS THE5
CONTEXT OTHERWISE REQUIRES :6
(1) "C
ERTIFIED TRANSIT-ORIENTED COMMUNITY " MEANS A
7
TRANSIT-ORIENTED COMMUNITY THAT HAS MET THE REQUIREMENTS OF8
SECTION 29-35-204 (4).9
10
(2) "EXEMPT PARCEL" MEANS:11
(a) A
NY PARCEL THAT A TRANSIT -ORIENTED COMMUNITY HAS
12
APPLIED TO THE DEPARTMENT FOR QUALIFICATION AS AN EXEMPT PARCEL13
BECAUSE THE TRANSIT-ORIENTED COMMUNITY BELIEVES THE PARCEL14
CANNOT BE DEVELOPED FOR REASONS INCLUDING HEALTH AND SAFETY ,15
TOPOGRAPHY, OR PRACTICAL LIMITATIONS AND FOR WHICH THE16
DEPARTMENT HAS APPROVED THE TRANSIT -ORIENTED COMMUNITY 'S17
APPLICATION ACCORDING TO A PROCESS ESTABLISHED BY POLICIES AND18
PROCEDURES DEVELOPED BY THE DEPARTMENT ;19
(b) A PARCEL THAT, AS OF JANUARY 1, 2024, IS NOT SERVED BY A20
DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM , AS DEFINED IN21
SECTION 24-65.1-104 (5), IS SERVED BY A WELL THAT IS NOT CONNECTED22
TO A WATER DISTRIBUTION SYSTEM, AS DEFINED IN SECTION 25-9-102 (6),23
OR IS SERVED BY A SEPTIC TANK, AS DEFINED IN SECTION 25-10-103 (18);24
(c) A
NY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS
25
LOCATED WITHIN AN UNINCORPORATED AREA AS DEFINED IN SECTION26
29-35-202 (12)(d)(II),
AND IS SERVED BY A DOMESTIC WATER AND
27
1313
-22- SEWAGE TREATMENT SYSTEM , AS DEFINED IN SECTION 24-65.1-104 (5),1
THAT IS OWNED BY A MUNICIPALITY;2
(d) A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN AN3
AGRICULTURAL, FORESTRY, NATURAL RESOURCE PRESERVATION , OR OPEN4
SPACE ZONING DISTRICT;5
(e) A PARCEL THAT, AS OF JANUARY 1, 2024, IS ZONED OR USED6
PRIMARILY FOR INDUSTRIAL USE , WHICH, FOR PURPOSES OF THIS7
SUBSECTION (1)(d), MEANS A BUSINESS USE OR ACTIVITY AT A SCALE8
GREATER THAN HOME INDUSTRY INVOLVING M ANUFACTURING ,9
FABRICATION, MINERAL OR GRAVEL EXTRACTION , ASSEMBLY,10
WAREHOUSING, OR STORAGE, AND PARCELS THAT ARE IDENTIFIED WITHIN11
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 'S TOXIC12
RELEASE INVENTORY;13
(f) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN A14
FLOODWAY OR IN A ONE HUNDRED -YEAR FLOODPLAIN, AS IDENTIFIED BY15
THE FEDERAL EMERGENCY MANAGEMENT AGENCY ;16
(g) A
NY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS
17
SUBJECT TO AN EASEMENT FOR A MAJOR ELECTRIC OR NATURAL GAS18
FACILITY, AS DEFINED IN SECTION 29-20-108 (3);19
(h) A PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A20
CEMETERY, AS DEFINED IN SECTION 31-25-701 (2);21
(i) ANY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024, IS22
SUBJECT TO A CONSERVATION EASEMENT ;23
(j) A PARCEL OR EASEMENT THAT , AS OF JANUARY 1, 2024, IS24
OWNED BY, USED AS, OR OPERATED BY AN AIRPORT;25
(k) A PUBLIC OR RAILROAD RIGHT-OF-WAY THAT EXISTS AS OF26
J
ANUARY 1, 2024;27
1313
-23- (l) A PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A MOBILE1
HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6);2
(m) A
PARCEL THAT IS:
3
(I) W
ITHIN A TRANSIT STATION AREA;
4
(II) S
EPARATED BY A STATE-OWNED LIMITED-ACCESS HIGHWAY OR
5
RAILROAD TRACK FROM ALL EXITS TO THE TRANSIT STATION THAT IS USED6
TO ESTABLISH THE TRANSIT STATION AREA REFERENCED IN SUBSECTION7
(1)(j)(I)
OF THIS SECTION; AND
8
(III) W
HOLLY BEYOND AN AREA THAT IS REACHABLE BY A PERSON
9
WALKING A DISTANCE OF NO MORE THAN ONE -HALF MILE FROM THE10
TRANSIT STATION REFERENCED IN SUBSECTION (1)(j)(II) OF THIS SECTION,11
AS DESIGNATED BY THE WALKSHED MAP PUBLISHED BY THE DEPARTMENT12
PURSUANT TO SECTION 29-35-207 (1)(e);13
(n) A PARCEL THAT, AS OF JANUARY 1, 2024, IS OWNED BY A14
FEDERAL, STATE, OR LOCAL GOVERNMENT ENTITY ;15
(o) ANY PART OF A PARCEL THAT , AS OF JANUARY 1, 2024,16
INCLUDES LAND THAT IS PARK AND OPEN SPACE , AS DEFINED IN SECTION17
29-7.5-103 (2); 18
(p) A
PARCEL THAT AS OF JANUARY 1, 2024, IS OWNED BY A
19
SCHOOL DISTRICT, AS DEFINED IN SECTION 22-30-103 (13); OR20
(q) A
NY PART OF A PARCEL 'S ZONING CAPACITY WHERE
21
RESIDENTIAL USE IS PREVENTED OR LIMITED TO LESS THAN FORTY22
DWELLING UNITS PER ACRE BY STATE REGULATION , FEDERAL REGULATION,23
OR DEED RESTRICTION PURSUANT TO EITHER :24
(I) F
EDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT
25
TO 14 CFR PART 77;26
(II) A
N ENVIRONMENTAL COVENANT PURSUANT TO SECTION
27
1313
-24- 25-15-318 TO SECTION 25-15-323; OR1
(III) R
ESTRICTIONS WITHIN A FLAMMABLE GAS OVERLAY ZONING
2
DISTRICT.3
(3) "HOUSING OPPORTUNITY GOAL " MEANS A GOAL FOR THE4
ZONING CAPACITY FOR RESIDENTIAL UNITS IN A TRANSIT -ORIENTED5
COMMUNITY. A LOCAL GOVERNMENT SHALL CALCULATE ITS HOUSING6
OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (2).7
(4) "MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD " MEANS8
AN AREA THAT INTEGRATES LAND USE TYPES THAT INCLUDE RESIDENTIAL9
AND NONRESIDENTIAL USES WITHIN A WALKABLE NEIGHBORHOOD .10
(5) "NEIGHBORHOOD CENTER" MEANS AN AREA THAT BOTH MEETS11
THE REQUIREMENTS OF SECTION 29-35-206 AND IS DESIGNATED AS A12
NEIGHBORHOOD CENTER BY A LOCAL GOVERNMENT .13
(6) "NET HOUSING DENSITY" MEANS THE NUMBER OF RESIDENTIAL14
UNITS ALLOWED PER ACRE OF LAND ON PARCELS THAT ALLOW FOR15
RESIDENTIAL DEVELOPMENT. IN CALCULATING NET HOUSING DENSITY FOR16
AN AREA, A LOCAL GOVERNMENT SHALL INCORPORATE ANY DIMENSIONAL17
OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE ALLOWED18
DENSITY IN THE AREA, INCLUDING BUT NOT LIMITED TO RESTRICTIONS19
RELATED TO UNITS PER ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE20
LEVEL OPEN SPACE REQUIREMENTS , FLOOR AREA RATIOS, SETBACKS,21
MINIMUM PARKING REQUIREMENTS , AND MAXIMUM HEIGHT. NOTHING IN22
THIS SUBSECTION (5) MEANS THAT, IN CALCULATING NET HOUSING23
DENSITY FOR AN AREA, A LOCAL GOVERNMENT SHALL INCLUDE AN AREA24
OF AN INDIVIDUAL PARCEL REQUIRED FOR STORMWATER DRAINAGE OR A25
UTILITY EASEMENT.26
27
1313
-25- (7) "OPTIONAL TRANSIT AREA " MEANS THE TOTAL AREA ,1
MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS2
WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE OR BUS RAPID3
TRANSIT CORRIDOR AS IDENTIFIED IN THE CRITERIA IN SUBSECTION4
29-35-207 (4).5
6
(9) "TRANSIT AREA" MEANS BOTH A TRANSIT STATION AREA , AS7
DEFINED IN SUBSECTION (12) OF THIS SECTION, OR A TRANSIT CORRIDOR8
AREA, AS DEFINED IN SUBSECTION (10) OF THIS SECTION.9
(10) "TRANSIT CENTER" MEANS AN AREA THAT BOTH MEETS THE10
REQUIREMENTS OF SECTION 29-35-205 AND IS DESIGNATED AS A TRANSIT11
CENTER BY A TRANSIT-ORIENTED COMMUNITY .12
(11) "TRANSIT CORRIDOR AREA " MEANS THE TOTAL AREA ,13
MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS14
WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE AS IDENTIFIED IN15
THE CRITERIA IN SECTION 29-35-207 (3).16
(12) "TRANSIT-ORIENTED COMMUNITY " MEANS A LOCAL17
GOVERNMENT THAT:18
(a) I
S EITHER ENTIRELY OR PARTIALLY WITHIN A METROPOLITAN19
PLANNING ORGANIZATION;20
(b) H
AS A POPULATION OF FOUR THOUSAND OR MORE ACCORDING21
TO THE MOST RECENT DATA FROM THE STATE DEMOGRAPHY OFFICE ;22
(c) C
ONTAINS AT LEAST SEVENTY-FIVE ACRES OF TRANSIT AREA;23
AND24
(d) I
F THE LOCAL GOVERNMENT IS A COUNTY , CONTAINS EITHER:25
(I) A
PART OF A TRANSIT STATION AREA THAT IS BOTH IN AN26
UNINCORPORATED PART OF THE COUNTY AND WITHIN ONE -HALF MILE OF27
1313
-26- A TRANSIT STATION THAT SERVES ONE OR BOTH OF A COMMUTER RAIL OR1
A LIGHT RAIL SERVICE; OR2
(II)
A PART OF A TRANSIT CORRIDOR AREA THAT IS BOTH IN AN3
UNINCORPORATED PART OF THE COUNTY AND FULLY SURROUNDED BY ONE4
OR MORE MUNICIPALITIES.5(13) "TRANSIT STATION AREA " MEANS THE TOTAL AREA ,6
MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS7
WITHIN ONE-HALF MILE OF A STATION, AS IDENTIFIED IN THE8
CRITERIA IN SECTION 29-35-207 (2).9
(14) "ZONING CAPACITY" MEANS THE TOTAL NUMBER OF HOUSING10
UNITS ALLOWED IN AN AREA, AS LIMITED BY THE RESTRICTIONS IN LOCAL11
LAW THAT REGULATE DENSITY IN THAT AREA , AND AS CALCULATED BY12
TOTALING THE NET HOUSING DENSITY OF ALL PARCELS WITHIN THE AREA .13
(15) "Z
ONING CAPACITY BUFFER" MEANS THE RATIO OF THE
14
NUMBER OF HOUSING UNITS ANTICIPATED TO BE CONSTRUCTED IN AN AREA15
TO THE ZONING CAPACITY OF THE AREA .16
29-35-203. Department of local affairs collaboration - goals -17
transit-oriented community authority. (1) AS DETERMINED TO BE18
APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT , THE19
DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF20
TRANSPORTATION AND THE COLORADO ENERGY OFFICE IN FULFILLING THE21
REQUIREMENTS AND GOALS OF THIS PART 2.22
(2) T
HE GOALS OF THIS PART 2 ARE TO:
23
(a) I
NCREASE OPPORTUNITIES TO CONSTRUCT HOUSING NEAR
24
TRANSIT IN ORDER TO PROVIDE BENEFITS INCLUDING REGULATED25
AFFORDABLE HOUSING, ACCESSIBLE HOUSING, REGIONAL EQUITY THROUGH26
A BALANCE OF JOBS AND HOUSING , IMPROVED AND EXPANDED TRANSIT27
1313
-27- SERVICE, AND MULTIMODAL ACCESS TO DAILY NEEDS WITHIN MIXED -USE1
PEDESTRIAN-ORIENTED NEIGHBORHOODS ; AND2
(b) I
NCREASE OPPORTUNITIES FOR HOUSING PRODUCTION BY
3
PROVIDING APPROPRIATE ZONING CAPACITY BUFFERS .4
(3) N
OTHING IN THIS PART 2 PREVENTS A TRANSIT-ORIENTED
5
COMMUNITY, OR OTHER RELEVANT ENTITY, FROM:6
(a) E
NFORCING INFRASTRUCTURE STANDARDS IN LOCAL LAW THAT
7
RESULT IN THE DENIAL OR CONDITIONING OF PERMITS OR APPROVALS FOR8
SPECIFIC HOUSING PROJECTS IN A TRANSIT CENTER , INCLUDING BUT NOT9
LIMITED TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS CODES OR10
STANDARDS;11
(b) A
DOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE
12
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES , IN13
ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS14
IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;15
(c) A
PPROVING A DEVELOPMENT APPLICATION AT A LOWER NET
16
HOUSING DENSITY THAN THE MAXIMUM ALLOWED NET HOUSING DENSITY ;17
(d) A
LLOWING A HIGH AMOUNT OF ZONING CAPACITY IN ONE
18
TRANSIT AREA, WHILE ALLOWING A VERY LOW AMOUNT OF OR NO ZONING19
CAPACITY IN ANOTHER TRANSIT AREA ;20
(e) I
MPLEMENTING DISCRETIONARY APPROVAL PROCESSES FOR
21
SUBDIVISIONS, REZONINGS, VARIANCES, OR OTHER PROCESSES IN TRANSIT22
CENTERS OUTSIDE OF PROJECT-SPECIFIC ZONING STANDARDS;23
(f) C
REATING AN OPTIONAL DISCRETIONARY REVIEW PROCESS
24
THAT MAY APPROVE GREATER DENSITY OR OTHER MORE PERMISSIVE25
STANDARDS THAN THE OBJECTIVE STANDARDS SUBJECT TO26
ADMINISTRATIVE APPROVAL IN A TRANSIT CENTER ;27
1313
-28- (g) CREATING A DISCRETIONARY REVIEW PROCESS IN TRANSIT1
CENTERS THAT IS AVAILABLE AT THE APPLICANT'S OPTION AND IS SUBJECT2
TO CRITERIA CONSISTENT WITH THE PURPOSES OF THIS PART 2 AS3
ESTABLISHED IN SECTION SUBSECTION (2) OF THIS SECTION, INCLUDING4
PROCESSES SUCH AS PLANNED UNIT DEVELOPMENTS ;5
(h) N
OT PUBLICLY DISCLOSING ANY CONFIDENTIAL INFORMATION
6
RELATED TO WATER SUPPLIES OR FACILITIES;7
(i) A
LLOWING COMMERCIAL USES , BUSINESS USES, OR MIXED-USE
8
DEVELOPMENT ON A PARCEL IN A DESIGNATED TRANSIT CENTER ; AND9
(j) D
ENYING OR CONDITIONING DEVELOPMENT PROJECTS OR
10
BUILDING PERMIT APPROVALS FOR A FAILURE TO M EET THE REQUIREMENTS11
OF A TRAFFIC STUDY THAT IS CONDUCTED USING OBJECTIVE STANDARDS .12
29-35-204. Transit-oriented community housing opportunity13
goal calculation - preliminary transit-oriented community assessment14
report - housing opportunity goal compliance - insufficient water15
supplies for meeting a housing opportunity goal - affordability and16
displacement mitigation strategies - housing opportunity goal report17
- legislative declaration. (1) Legislative declaration. T
HE GENERAL18
ASSEMBLY HEREBY FINDS AND DECLARES THAT :19
(a) T
RANSIT RIDERSHIP, LAND USE DEVELOPMENT PATTERNS ,20
AFFORDABILITY AND AVAILABILITY OF HOUSING , ROADS, AND21
GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR ARE22
INTERCONNECTED ISSUES THAT HAVE IMPACTS AND CONCERNS WELL23
BEYOND THE BORDERS OF A SINGLE LOCAL COMMUNITY ;24
(b) C
OLORADO HAS AN INTEREST IN ENSURING A STABLE QUANTITY25
AND QUALITY OF HOUSING IN ALIGNMENT WITH POPULATION GROWTH AND26
ENSURING THAT SHARED RESOURCES , INVESTMENTS, AND GOALS SUCH AS27
1313
-29- ROADS, INFRASTRUCTURE, TRANSIT, AIR QUALITY, WATER, AND1
GREENHOUSE GAS MITIGATION , ARE PROTECTED IN THE PROCESS; AND2
(c) I
NCREASING HOUSING DENSITY IN TRANSIT -ORIENTED3
COMMUNITIES IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN4
THAT REQUIRES STATEWIDE COOPERATION .5
(2) Housing opportunity goal calculation.
A6
TRANSIT-ORIENTED COMMUNITY SHALL CALCULATE ITS HOUSING7
OPPORTUNITY GOAL BY MULTIPLYING THE TOTAL AREA OF THE TRANSIT8
AREAS, AS DEFINED IN THE TRANSIT AREAS MAP CREATED PURSUANT TO9
SECTION 29-35-207 (1), WITHIN THE LOCAL GOVERNMENT'S JURISDICTION,10
EXCLUSIVE OF THE EXEMPT PARCELS IN THOSE TRANSIT AREAS , BY 11
FORTY DWELLING UNITS PER ACRE. 12
(3) Preliminary transit-oriented community assessment report.13
(a) O
N OR BEFORE JUNE
30, 2025, A TRANSIT-ORIENTED COMMUNITY14
SHALL, IN A FORM AND M ANNER DETERMINED BY THE DEPARTMENT ,15
SUBMIT A PRELIMINARY TRANSIT -ORIENTED COMMUNITY ASSESSMENT16
REPORT THAT INCLUDES:17
(I) T
HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY18
GOAL AND THE DATA AND METHOD THE TRANSIT -ORIENTED COMMUNITY19
USED TO CALCULATE ITS HOUSING OPPORTUNITY GOAL ; AND20
(II) A
MAP OF EXISTING ZONING DISTRICTS WITHIN THE21
TRANSIT-ORIENTED COMMUNITY THAT MAY QUALIFY AS TRANSIT CENTERS22
AND PRELIMINARY EVIDENCE FOR THIS QUALIFICATION INCLUDING THE23
STANDARDS APPLICABLE TO THESE ZONING DISTRICTS .24
(b) IF APPLICABLE, A TRANSIT-ORIENTED COMMUNITY MAY25
INCLUDE IN THE REPORT DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION26
ANY AFFORDABILITY OR DISPLACEMENT STRATEGIES THAT THE27
1313
-30- TRANSIT-ORIENTED COMMUNITY HAS IMPLEMENTED .1
(c) THE DEPARTMENT SHALL REVIEW A PRELIMINARY2
TRANSIT-ORIENTED COMMUNITY ASSESSMENT REPORT SUBMITTED BY A3
TRANSIT-ORIENTED COMMUNITY PURSUANT TO THIS SUBSECTION (3) AND4
EITHER PROVIDE WRITTEN NOTICE APPROVING THE REPORT OR PROVIDE5
DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT .6
(4) Housing opportunity goal compliance. O
N OR BEFORE
7
D
ECEMBER 31, 2027, A TRANSIT-ORIENTED COMMUNITY SHALL SATISFY
8
THE FOLLOWING CRITERIA, WHICH MUST BE SATISFIED TO QUALIFY AS A9
CERTIFIED TRANSIT-ORIENTED COMMUNITY . A TRANSIT COMMUNITY10
SHALL:11
(a) DESIGNATE AREAS WITHIN THE TRANSIT -ORIENTED12
COMMUNITY AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS13
SATISFY THE REQUIREMENTS IN SECTION 29-35-205;14
(b) ENSURE THAT THE TOTAL ZONING CAPACITY FOR ALL TRANSIT15
CENTERS WITHIN THE TRANSIT-ORIENTED COMMUNITY IS GREATER THAN16
OR EQUAL TO THE TRANSIT -ORIENTED COMMUNITY 'S HOUSING17
OPPORTUNITY GOAL; 18
(c) SUBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE THE19
REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION (8) OF20
THIS SECTION; AND21
(d) T
HREE YEARS AFTER A SUBMITTING A HOUSING OPPORTUNITY
22
GOAL REPORT PURSUANT TO SUBSECTION (8) OF THIS SECTION, AND EVERY23
THREE YEARS THEREAFTER , SUBMIT A STATUS REPORT PURSUANT TO24
SUBSECTION (9) OF THIS SECTION THAT IS APPROVED BY THE DEPARTMENT.25
(5) Insufficient water supplies for meeting a housing26
opportunity goal. (a) O
N OR BEFORE DECEMBER 31, 2026, AND EVERY27
1313
-31- THREE YEARS THEREAFTER , A TRANSIT-ORIENTED COMMUNITY MAY1
SUBMIT A NOTICE, IN A FORM AND MANNER DETERMINED BY THE2
DEPARTMENT, THAT THE SUPPLY OF WATER FROM ALL WATER SUPPLY3
ENTITIES, AS DEFINED IN SECTION 29-20-302 (2), THAT SERVE THE4
TRANSIT-ORIENTED COMMUNITY IS INSUFFICIENT DURING THE NEXT5
THREE-YEAR PERIOD TO PROVIDE THE DOMESTIC WATER SERVICE6
NECESSARY TO MEET THE TRANSIT -ORIENTED COMMUNITY 'S HOUSING7
OPPORTUNITY GOAL. THE WATER SUPPLY ENTITIES SHALL PROVIDE8
INFORMATION AND ASSISTANCE AS NECESSARY TO COMPLETE THE NOTICE9
ALLOWED BY THIS SUBSECTION (5). THE NOTICE ALLOWED BY THIS10
SUBSECTION (5) MUST INCLUDE, BUT IS NOT LIMITED TO:11
12
(I) A
N ANALYSIS OF WATER DEMAND BASED ON :
13
(A) P
ROJECTED HOUSING AND POPULATION GROWTH , AS
14
ESTIMATED BY THE STATE DEMOGRAPHY OFFICE OR A RELEVANT15
METROPOLITAN PLANNING ORGANIZATION ; AND16
(B) A
REASONABLE ZONING CAPACITY BUFFER , AS ESTIMATED
17
BASED ON RELEVANT LOCAL , REGIONAL, OR STATE DATA.18
19
(II) ANY DATA, PROFESSIONAL OPINIONS, OR OTHER INFORMATION20
USED TO CREATE THE ANALYSIS IN SUBSECTION (5)(a)(I) OF THIS21
SECTION;22
(III) DOCUMENTATION DEMONSTRATING BOTH AN UP -TO-DATE23
WATER SUPPLY PLAN THAT COMPLIES WITH SECTION 29-20-304 (3) AND AN24
UP-TO-DATE WATER EFFICIENCY PLAN THAT COMPLIES WITH SECTION25
37-60-126
(1) THROUGH (5);
AND26
(IV) A PROPOSAL THAT MAY INCLUDE:27
1313
-32- (A) EVIDENCE THAT THE WATER SUPPLY ENTITY LACKS ADEQUATE1
WATER SUPPLY TO PROVIDE THE AMOUNT OF WATER IDENTIFIED IN2
SUBSECTION (5)(a)(I) OF THIS SECTION; AND3
(B) A
REQUEST FOR A MODIFICATION OF THE HOUSING
4
OPPORTUNITY GOAL DURING THE NEXT THREE YEAR PERIOD BASED ON THE5
ANALYSIS OF WATER DEMAND IDENTIFIED IN SUBSECTION (5)(a)(I) OF THIS6
SECTION.7
(b) U
PON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (5)(a)8
OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE NOTICE AND9
DETERMINE WHETHER TO ACCEPT , PROVIDE COMMENT ON, OR DENY THE10
PROPOSAL DESCRIBED IN SUBSECTION (5)(a)(IV)
OF THIS SECTION.11
(6) Affordability strategies. (a) O
N OR BEFORE DECEMBER 31,12
2026,
A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY13
STRATEGIES THAT IT WILL IMPLEMENT
OR HAS ALREADY IMPLEMENTED14
WHILE MEETING ITS HOUSING OPPORTUNITY GOAL . IN SO DOING, THE15
TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY16
STRATEGIES BASED ON THE DEMONSTRATED HOUSING NEEDS WITHIN THE17
TRANSIT-ORIENTED COMMUNITY INCLUDING FOR -SALE AND RENTAL18
HOUSING NEEDS AND THE HOUSING NEEDS OF LOW -, MODERATE-, AND19
MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES20
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .21
(b) (I) O
N OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED22
COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING23
OPPORTUNITY GOAL REPORT SUBMITTED PURSUANT TO SUBSECTION24
(8)(a)(IV)
OF THIS SECTION:25
(A) A
T LEAST TWO STRATEGIES INCLUDED IN THE STANDARD26
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-208 (1)
27
1313
-33- THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO1
SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ;2
(B) A
T LEAST ONE STRATEGY INCLUDED IN THE LONG -TERM3
AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-35-208 (2)
4
THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO5
SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT ; AND6
(C) A
N IMPLEMENTATION PLAN DESCRIBING HOW THE7
TRANSIT-ORIENTED COMMUNITY HAS OR WILL IMPLEMENT THE8
AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTIONS9
(6)(b)(I)(A)
AND (6)(b)(I)(B) OF THIS SECTION.10
(II) F
OR PURPOSES OF SATISFYING THE REQUIREMENTS OF THIS11
SUBSECTION (6)(b), A TRANSIT-ORIENTED COMMUNITY SHALL NOT :12
(A) C
OUNT ONE OR BOTH OF THE STRATEGIES DESCRIBED IN13
SECTIONS 29-35-208 (1)(e) AND 29-35-208 (2)(c)
TOWARDS SATISFYING14
THE REQUIREMENTS OF BOTH SUBSECTIONS (6)(b)(I)(A) AND (6)(b)(I)(B)15
OF THIS SECTION; OR16
(B) C
OUNT ANY STRATEGY DESCRIBED IN SECTION 29-35-208
17
THAT IS OTHERWISE REQUIRED BY STATE LAW .18
(7) Displacement mitigation strategies. O
N OR BEFORE19
D
ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE20
THE FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT , PURSUANT21
TO SUBSECTION (8)(a)(V) OF THIS SECTION:22
(a) T
WO
DISPLACEMENT MITIGATION STRATEGIES THAT THE23
TRANSIT-ORIENTED COMMUNITY HAS ADOPTED OR WILL ADOPT FROM THE24
LONG-TERM DISPLACEMENT MITIGATION STRATEGIES MENU DEVELOPED BY25
THE DEPARTMENT PURSUANT TO SECTION 29-35-209 (3) TO MITIGATE26
DISPLACEMENT RISKS WHILE MEETING ITS HOUSING OPPORTUNITY GOAL ;27
1313
-34- AND1
(b) A
N IMPLEMENTATION PLAN DESCRIBING HOW THE2
TRANSIT-ORIENTED COMMUNITY WILL IMPLEMENT THE DISPLACEMENT3
MITIGATION STRATEGIES IT IDENTIFIES PURSUANT TO SUBSECTION (7)(a)4
OF THIS SECTION.5
(8) Housing opportunity goal report. (a) O
N OR BEFORE6
D
ECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A7
HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT IN A FORM8
AND MANNER DETERMINED BY THE DEPARTMENT .
IF A9
TRANSIT-ORIENTED COMMUNITY CANNOT INCLUDE ANY OF THE10
FOLLOWING ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT ON OR11
BEFORE DECEMBER 31, 2026, THE TRANSIT-ORIENTED COMMUNITY SHALL12
INDICATE WHY IT CANNOT DO SO AND ITS PROGRESS TOWARDS BEING ABLE13
TO INCLUDE THOSE ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT .14
T
HE REPORT MUST INCLUDE THE FOLLOWING , ALONG WITH ANY OTHER15
ELEMENTS IDENTIFIED BY THE DEPARTMENT :16
(I) T
HE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY17
GOAL;18
(II) E
VIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS MET19
ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SUBSECTION (4)(b)
OF20
THIS SECTION;21
(III) A
MAP THAT IDENTIFIES THE BOUNDARIES OF ANY TRANSIT22
CENTERS WITHIN THE TRANSIT -ORIENTED COMMUNITY AND EVIDENCE23
THAT THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 29-35-205
;24
(IV) A
FFORDABILITY STRATEGIES
IDENTIFIED PURSUANT TO25
SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION AND THE26
IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (6)(b)(I)(C)27
1313
-35- OF THIS SECTION;1
(V) D
ISPLACEMENT MITIGATION STRATEGIES
IDENTIFIED2
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION AND THE3
IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (7)(b) OF4
THIS SECTION; 5
(VI) A DESCRIPTION OF COMMUNITY ENGAGEMENT THAT THE6
TRANSIT-ORIENTED COMMUNITY CONDUCTED IN THE PROCESS OF M EETING7
ITS HOUSING OPPORTUNITY GOAL , IDENTIFYING AFFORDABILITY8
STRATEGIES PURSUANT TO SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF9
THIS SECTION AND IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES10
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION; AND11
(VII) IF APPLICABLE, AND IF THE TRANSIT-ORIENTED COMMUNITY12
SO CHOOSES, EVIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS13
SATISFIED THE REQUIREMENTS OF SUBSECTION (5) OF THIS SECTION.14
(b) T
HE DEPARTMENT SHALL REVIEW A HOUSING OPPORTUNITY15
GOAL REPORT SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY16
PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION AND PROVIDE WRITTEN17
NOTICE THAT EITHER:18
(I) A
PPROVES THE REPORT AND AFFIRMS THAT THE19
TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT20
REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A21
CERTIFIED
TRANSIT-ORIENTED COMMUNITY ; OR22
(II) P
ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE23
REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY24
RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN25
NOTICE.26
27
1313
-36- (c) IF THE DEPARTMENT HAS NOT APPROVED A TRANSIT -ORIENTED1
COMMUNITY'S HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE2
D
ECEMBER 31, 2027, THE DEPARTMENT SHALL PROVIDE THE
3
TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE THAT THE4
TRANSIT-ORIENTED COMMUNITY IS IN NON-COMPLIANCE WITH THIS PART5
2 AND IS NOT A CERTIFIED TRANSIT-ORIENTED COMMUNITY .6
(d) (I) T
HE DEPARTMENT SHALL IDENTIFY CERTIFIED
7
TRANSIT-ORIENTED COMMUNITIES FOR THE PURPOSE OF ESTABLISHING8
ELIGIBILITY FOR STATE GRANT AND INCENTIVE PROGRAMS .9
(II) P
URSUANT TO SECTION 29-35-210 (6), A CERTIFIED
10
TRANSIT-ORIENTED COMMUNITY IS ELIGIBLE FOR THE AWARD OF A11
TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM12
GRANT.13
(III) T
HE DEPARTMENT SHALL IDENTIFY CERTIFIED
14
TRANSIT-ORIENTED COMMUNITIES , INCLUDING COMPLIANCE WITH THE15
REQUIREMENTS FOR AFFORDABILITY STRATEGIES IN SUBSECTION16
(8)(a)(IV)
OF THIS SECTION AND DISPLACEMENT MITIGATION STRATEGIES
17
IN SUBSECTION (8)(a)(V) OF THIS SECTION, FOR THE PURPOSES OF18
ESTABLISHING ELIGIBILITY FOR THE COLORADO AFFORDABLE HOUSING IN19
TRANSIT-ORIENTED COMMUNITIES INCOME TAX CREDIT IN PART 54 OF20
ARTICLE 22 OF TITLE 39.21
(9) Status report. (a) E VERY THREE YEARS AFTER SUBMITTING A22
HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8)(a) OF23
THIS SECTION, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A STATUS24
REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY25
THE DEPARTMENT THAT CONFIRMS THAT THE TRANSIT -ORIENTED26
COMMUNITY IS STILL A CERTIFIED TRANSIT-ORIENTED COMMUNITY .27
1313
-37- (b) THE DEPARTMENT SHALL REVIEW A STATUS REPORT1
SUBMITTED BY A TRANSIT -ORIENTED COMMUNITY PURSUANT TO2
SUBSECTION (9)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT3
EITHER:4
(I) A
PPROVES THE REPORT AND AFFIRMS THAT THE5
TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT6
REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A7
CERTIFIED
TRANSIT-ORIENTED COMMUNITY ; OR8
(II) P
ROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE9
REPORT AND REQUIRES THAT THE TRANSIT -ORIENTED COMMUNITY10
RESUBMIT THE REPORT WITHIN NIN ETY DAYS OF RECEIVING THE WRITTEN11
NOTICE.12
(c) (I) I
F A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A13
STATUS
REPORT TO THE DEPARTMENT PURSUANT TO SUBSECTION (9)(a) OF14
THIS SECTION OR FAILS TO SUBMIT AN AMENDED STATUS REPORT15
PURSUANT TO SUBSECTION (9)(b)(II) OF THIS SECTION, THE DEPARTMENT16
SHALL PROVIDE THE TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE17
STATING THAT THE TRANSIT-ORIENTED COMMUNITY WILL NOT BE DEEMED18
A CERTIFIED TRANSIT-ORIENTED COMMUNITY .19
29-35-205. Criteria for qualification as a transit center -20
criteria for qualification as a transit center outside of a transit area.21
(1) T
O DESIGNATE AN AREA AS A TRANSIT CENTER , A TRANSIT-ORIENTED22
COMMUNITY SHALL:23
(a) E
NSURE THAT THE AREA IS COMPOSED SOLELY OF ZONING24
DISTRICTS THAT UNIFORMLY ALLOW A NET HOUSING DENSITY OF AT LEAST25
FIFTEEN UNITS PER ACRE WITH NO PARCEL OR ZONING DISTRICT BEING26
COUNTED AS ALLOWING A NET HOUSING DENSITY OF MORE THAN
FIVE27
1313
-38- HUNDRED UNITS PER ACRE;1
(b) (I) IDENTIFY A NET HOUSING DENSITY ALLOWED FOR THE AREA2
OR FOR SUBDISTRICTS WITHIN THE AREA. AS PART OF THE GUIDANCE THE3
DEPARTMENT DEVELOPS PURSUANT TO SECTION 29-35-207 (7), THE4
DEPARTMENT SHALL PROVIDE LOCAL GOVERNMENTS WITH SIMPLE AND5
EFFECTIVE METHODS OF CALCULATING NET HOUSING DENSITY . THE6
IDENTIFIED NET HOUSING DENSITY MUST :7
(A) REFLECT ANY SIGNIFICANT DIMENSIONAL OR OTHER8
RESTRICTIONS IN LOCAL LAWS USED TO REGULATE DENSITY IN THE AREA ,9
INCLUDING BUT NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER10
ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE11
REQUIREMENTS, FLOOR AREA RATIOS, SETBACKS, MINIMUM PARKING12
REQUIREMENTS, AND MAXIMUM HEIGHT . WHERE A DIMENSIONAL13
RESTRICTION HAS MULTIPLE POTENTIAL OUTCOMES WITHIN THE SAME14
ZONING DISTRICT OR WITHIN RELATED ZONING DISTRICTS , THE AVERAGE15
OUTCOME OF THE DIMENSIONAL RESTRICTION MAY BE UTILIZED BY THE16
TRANSIT-ORIENTED COMMUNITY TO MEASURE NET HOUSING DENSITY .17
(B) ASSUME MINIMUM PARKING REQUIREMENTS ARE MET WITH18
SURFACE PARKING; EXCEPT THAT THREE-FOURTHS OF A PARKING SPACE19
PER DWELLING UNIT MAY BE COUNTED AS STRUCTURED PARKING WITHIN20
THE BUILDING FOOTPRINT; 21
(C) ASSUME AN AVERAGE HOUSING UNIT SIZE, AS DETERMINED22
BASED ON EITHER THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT23
THAT WAS RECENTLY BUILT IN COLORADO AS ESTABLISHED IN THE24
CENSUS'S AMERICAN HOUSING SURVEY OR THE TYPICAL SIZE OF A25
MULTIFAMILY HOUSING UNIT IN THE TRANSIT-ORIENTED COMMUNITY26
ACCORDING TO LOCAL DATA ; 27
1313
-39- (II) NOTHING IN THIS SUBSECTION (1)(b) REQUIRES A LOCAL1
GOVERNMENT TO INCLUDE AREAS OF INDIVIDUAL PARCELS REQUIRED FOR2
STORMWATER DRAINAGE OR UTILITY EASEMENTS IN CALCULATING NET3
HOUSING DENSITY; AND4
(III) I
F A PARCEL'S EXISTING RESIDENTIAL USES HAVE A HIGHER
5
NET HOUSING DENSITY THAN THE NET HOUSING DENSITY ALLOWED FOR6
THE PARCEL BY CURRENT RESTRICTIONS IN LOCAL LAW , THE NET HOUSING7
DENSITY OF THE EXISTING RESIDENTIAL USE MAY BE COUNTED ;8
(c) E
XCLUDE ANY AREA WHERE LOCAL LAW EXCLUSIVELY9
RESTRICTS HOUSING OCCUPANCY BASED ON AGE OR OTHER FACTORS ;10
(d) E
STABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR11
MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT12
ARE NO MORE THAN FIVE ACRES IN SIZE. FOR MULTIFAMILY RESIDENTIAL13
DEVELOPMENT APPLICATIONS ON PARCELS GREATER THAN FIVE ACRES IN14
SIZE, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY A TARGET NET15
HOUSING DENSITY FOR THE PARCELS TO COUNT THE PARCELS AS PART OF16
THE TRANSIT CENTER THAT COVERS THE AREA . THIS SUBSECTION (1)(d)17
DOES NOT PREVENT THE ESTABLISHMENT OF DEVELOPER AGREEMENTS18
BETWEEN THE LOCAL GOVERNMENT AND DEVELOPERS .19
(e) E
NSURE THAT THE AREA OF A TRANSIT CENTER IS COMPOSED OF
20
PARCELS THAT ARE LOCATED WHOLLY OR PARTIALLY WITHIN EITHER :21
(I) A
TRANSIT AREA OR OPTIONAL TRANSIT AREA ; OR
22
(II) O
NE-QUARTER MILE FROM THE BOUNDARY OF A TRANSIT AREA
23
OR OPTIONAL TRANSIT AREA.24
(2) (a) NOTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, A25
TRANSIT-ORIENTED COMMUNITY MAY ONLY DESIGNATE AN AREA AS A26
TRANSIT CENTER WITHIN AN OPTIONAL TRANSIT AREA AS DESCRIBED IN27
1313
-40- SECTION 29-35-207 (4), IF THE TRANSIT-ORIENTED COMMUNITY HAS1
PROVIDED REASONABLE EVIDENCE IN THE HOUSING OPPORTUNITY GOAL2
REPORT SUBMITTED PURSUANT TO SECTION 29-35-204 (8) THAT:3
(I) T
O THE MAXIMUM EXTENT FEASIBLE , AN AVERAGE NET
4
HOUSING DENSITY OF AT LEAST FORTY DWELLING UNITS PER ACRE IS5
ALLOWED ON ALL PARCELS WITHIN THE TRANSIT AREA THAT ARE BOTH6
ONE-HALF ACRE OR MORE IN SIZE AND NOT EXEMPT PARCELS ; AND7
(II) A
REAS WITHIN THE OPTIONAL TRANSIT AREA HAVE FEWER
8
BARRIERS TO HOUSING DEVELOPMENT THAN AREAS WITHIN THE TRANSIT9
AREA.10
(b) F
OR PURPOSES OF SUBSECTION (2)(a)(II) OF THIS SECTION,
11
BARRIERS TO HOUSING DEVELOPMENT MAY INCLUDE :12
(I) A
N ANTICIPATED LACK OF WATER SUPPLY, AFTER ACCOUNTING
13
FOR A REASONABLE ZONING CAPACITY BUFFER ;14
(II) A
N ANTICIPATED LACK OF SUFFICIENT FUTURE
15
INFRASTRUCTURE CAPACITY , INCLUDING WATER TREATMENT PLANTS ,16
WASTEWATER TREATMENT PLANTS , OR ELECTRICAL POWER NETWORKS IN17
THE AREA, AFTER ACCOUNTING FOR A REASONABLE ZONING CAPACITY18
BUFFER;19
(III) U
NIQUE SITE CHARACTERISTICS WHICH CONTRIBUTE TO A
20
HIGH COST OF HOUSING DEVELOPMENT ; OR21
(IV) S
ITES THAT ARE INFEASIBLE FOR HOUSING DEVELOPMENT .
22
29-35-206. Criteria for qualification as a neighborhood center.23
(1) (a) T
O DESIGNATE AN AREA AS A NEIGHBORHOOD CENTER , A LOCAL24
GOVERNMENT
SHALL, IN ACCORDANCE WITH POLICIES AND25
PROCEDURES ADOPTED BY THE DEPARTMENT THAT MAY INCLUDE26
DIFFERENT CRITERIA FOR VARYING REGIONAL AND LOCAL CONTEXTS ,27
1313
-41- IDENTIFY AREAS THAT MEET THE FOLLOWING CRITERIA :1
(I) A
LLOW A NET HOUSING DENSITY THAT SUPPORTS
MIXED-USE2
PEDESTRIAN-ORIENTED NEIGHBORHOODS , THE DEVELOPMENT OF3
REGULATED AFFORDABLE HOUSING , AND INCREASED PUBLIC TRANSIT4
RIDERSHIP;5
(II) W
ITHIN CENSUS URBANIZED AREAS, AS DEFINED IN THE LATEST
6
FEDERAL DECENNIAL CENSUS, ESTABLISH AN ADMINISTRATIVE APPROVAL7
PROCESS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN8
THE AREA THAT ARE NO LARGER THAN A SIZE DETERMINED BY THE9
DEPARTMENT;10
(III) E
NSURE THAT THE AREA HAS A MIXED -USE11
PEDESTRIAN-ORIENTED NEIGHBORHOOD , AS DETERMINED BY CRITERIA12
ESTABLISHED BY THE DEPARTMENT ; AND13
(IV) S
ATISFY ANY OTHER CRITERIA , AS DETERMINED BY THE14
DEPARTMENT, AND AS MAY VARY BY REGIONAL CONTEXT , FOR THE15
QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER .16
(b) N
OTWITHSTANDING THE REQUIREMENTS FOR A LOCAL17
GOVERNMENT DESIGNATING AN AREA AS A NEIGHBORHOOD CENTER18
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE DEPARTMENT19
SHALL ESTABLISH SEPARATE REQUIREMENTS FOR LOCAL GOVERNMENTS20
DESIGNATING AREAS WITHIN POTENTIAL
TRANSIT AREAS IDENTIFIED BY21
THE DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION 29-35-20722
(5).23
(2) I
F A LOCAL GOVERNMENT DESIGNATES AN AREA AS A24
NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION (1) OF THIS SECTION,25
THE LOCAL GOVERNMENT SHALL SUBMIT A NEIGHBORHOOD CENTER26
REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY27
1313
-42- THE DEPARTMENT.1
29-35-207. Transit areas map - transit station area criteria -2
transit corridor area criteria - housing opportunity goals, models,3
and guidance. (1) Transit areas map. (a) O
N OR BEFORE SEPTEMBER
4
30,
2024,
THE DEPARTMENT, IN CONSULTATION WITH METROPOLITAN5
PLANNING ORGANIZATIONS , AND TRANSIT AGENCIES THAT OPERATE6
WITHIN METROPOLITAN PLANNING ORGANIZATIONS , SHALL PUBLISH A 7
TRANSIT AREA MAP, OR TRANSIT AREA MAPS, BASED ON THE8
CRITERIA IN SUBSECTIONS (2), (3), (4), (5) AND (6), OF THIS SECTION. ONLY9
TRANSIT AREAS THAT ARE IDENTIFIED PURSUANT TO SUBSECTIONS (2) AND10
(3)
OF THIS SECTION AND IDENTIFIED ON A TRANSIT AREA MAP PURSUANT
11
TO THIS SUBSECTION (1) MUST BE INCLUDED IN THE CALCULATION OF A12
HOUSING OPPORTUNITY GOAL PURSUANT TO SECTION 29-35-204 (2).13
(b) I
N PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF
14
THIS SECTION, THE DEPARTMENT SHALL ALSO PUBLISH A WALKSHED MAP15
THAT IDENTIFIES THE AREAS THAT ARE REACHABLE BY A PERSON WALKING16
A DISTANCE OF NOT MORE THAN ONE-HALF MILE FROM A TRANSIT STATION17
WHERE PART OF THE TRANSIT STATION AREA BASED ON THAT TRANSIT18
STATION IS SEPARATED FROM ANY EXIT TO THE TRANSIT STATION BY A19
STATE-OWNED LIMITED-ACCESS HIGHWAY OR RAILROAD TRACK , USING20
SIMPLE AND EFFICIENT GEOSPATIAL ANALYSIS METHODS AND READILY21
AVAILABLE NETWORK DATA .22
(2) Transit station criteria. T
HE DEPARTMENT SHALL DESIGNATE
23
TRANSIT STATION AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS24
SECTION, BASED ON ROUTES IDENTIFIED IN AN APPLICABLE TRANSIT PLAN25
FOR EXISTING STATIONS FOR:26
(a) C
OMMUTER BUS RAPID TRANSIT ;
27
1313
-43- (b) COMMUTER RAIL; AND1
(c) L
IGHT RAIL.
2
(3) Transit corridor area criteria. (a) T
HE DEPARTMENT SHALL
3
DESIGNATE TRANSIT CORRIDOR AREAS , FOR PURPOSES OF SUBSECTION (1)4
OF THIS SECTION, BY IDENTIFYING TRANSIT ROUTES THAT MEET ONE OR5
MORE OF THE FOLLOWING CRITERIA :6
(I) A
N URBAN BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED
7
WITHIN:8
(A) A
METROPOLITAN PLANNING OR GANIZATION 'S
9
FISCALLY-CONSTRAINED, LONG-RANGE TRANSPORTATION PLAN ADOPTED10
PRIOR TO JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION ,11
ACCORDING TO THAT PLAN, PRIOR TO JANUARY 1, 2030; OR12
(B) A
N APPLICABLE TRANSIT PLAN THAT HAS BEEN PLANNED FOR
13
SHORT-TERM IMPLEMENTATION, ACCORDING TO THAT PLAN;14
(II) A
PUBLIC BUS ROUTE THAT:
15
(A) H
AS A PLANNED FREQUENCY OR SCHEDULED FREQUENCY OF
16
FIFTEEN MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON17
WEEKDAYS; AND18
(B) I
S IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN FOR
19
SHORT-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE JANUARY 1,20
2030,
ACCORDING TO THAT PLAN.
21
(b) F
OR TRANSIT AGENCIES WITHIN METROPOLITAN PLANNING
22
ORGANIZATIONS THAT DO NOT HAVE APPLICABLE TRANSIT PLANS , THE23
DEPARTMENT SHALL DESIGNATE TRANSIT CORRIDOR AREAS , FOR PURPOSES24
OF SUBSECTION (1) OF THIS SECTION, BY IDENTIFYING ANY PUBLIC BUS25
ROUTES WITH EXISTING TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2024,26
WITH A SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR MORE FREQUENT27
1313
-44- FOR EIGHT HOURS OR MORE ON WEEKDAYS .1
(c) N
OTWITHSTANDING SUBSECTION (3)(a) AND (3)(b) OF THIS
2
SECTION, THE DEPARTMENT SHALL NOT DESIGNATE TRANSIT CORRIDOR3
AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, WITHIN A4
TRANSIT-ORIENTED COMMUNITY THAT HAS DESIGNATED TWENTY PERCENT5
OR MORE OF ITS AREA AS A MANUFACTURED HOME ZONING DISTRICT AS OF6
J
ANUARY 1, 2024.
7
(4) Optional transit area criteria. (a) T
HE DEPARTMENT SHALL
8
DESIGNATE OPTIONAL TRANSIT AREAS , FOR PURPOSES OF SUBSECTION (1)9
OF THIS SECTION, BASED ON THE FOLLOWING CRITERIA:10
(I) A
BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN A
11
METROPOLITAN PLANNING ORGANIZATION 'S FISCALLY-CONSTRAINED,12
LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1,13
2024,
AND INTENDED FOR IMPLEMENTATION AFTER JANUARY 1, 2030, AND
14
BEFORE DECEMBER 31, 2050;15
(II) P
UBLIC BUS ROUTES OTHER THAN THOSE IDENTIFIED IN
16
SUBSECTION (3)(a)(II)(B) OF THIS SECTION THAT OPERATE AT A PLANNED17
OR SCHEDULED FREQUENCY OF THIRTY MINUTES OR MORE FREQUENT18
DURING THE HIGHEST FREQUENCY SERVICE HOURS AS IDENTIFIED BY :19
(A) E
XISTING SERVICE AS OF JANUARY 1, 2024; OR
20
(B) I
DENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN ; AND
21
(III) O
THER AREAS PLANNED AS MIXED-USE PEDESTRIAN ORIENTED
22
NEIGHBORHOODS.23
(b) F
OR PURPOSES OF SUBSECTION (4)(a)(III) OF THIS SECTION, A
24
TRANSIT ORIENTED COMMUNITY MAY REQUEST THAT THE DEPARTMENT25
DESIGNATE A MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD AS AN26
OPTIONAL TRANSIT AREA. THE DEPARTMENT SHALL REVIEW AND APPROVE27
1313
-45- OR REJECT SUCH A REQUEST BASED ON WHETHER THE MIXED -USE1
PEDESTRIAN-ORIENTED NEIGHBORHOOD FULFILLS THE GOALS OF THIS PART2
2
ESTABLISHED IN SECTION 29-35-203 (2).
3
(5) Potential transit area criteria. (a) T
HE DEPARTMENT SHALL
4
DESIGNATE AN AREA AS A POTENTIAL TRANSIT AREA , FOR PURPOSES OF5
SUBSECTION (1) OF THIS SECTION, IF IT CONSISTS OF CORRIDORS, AS6
IDENTIFIED BY THE DEPARTMENT OF TRANSPORTATION THAT :7
(I) I
NCLUDE MAJOR TRAVELSHEDS , AS DEFINED BY COMMON
8
TRAVEL PATTERNS IN AN AREA , THAT IMPACT ANTICIPATED NEW OR9
MODIFIED INTERCHANGES ON STATE -OWNED HIGHWAYS; AND10
(II) A
RE OUTSIDE OF CENSUS URBANIZED AREAS , AS IDENTIFIED IN
11
THE LATEST FEDERAL DECENNIAL CENSUS ;12
(b) I
N DESIGNATING POTENTIAL TRANSIT AREAS , FOR PURPOSES OF
13
SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL ATTEMPT TO14
IDENTIFY AREAS WHERE FUTURE TRANSIT SERVICE AND NEIGHBORHOOD15
CENTERS COULD POTENTIALLY ALIGN TO PROVIDE INFORMATION FOR16
STATE, REGIONAL, AND LOCAL PLANNING EFFORTS.17
(c) I
N UPDATING THE TRANSIT AREA MAP PURSUANT TO
18
SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL IDENTIFY ANY19
NEIGHBORHOOD CENTERS THAT A LOCAL GOVERNMENT HAS DESIGNATED20
WITHIN A POTENTIAL TRANSIT AREA.21
(6) IN IDENTIFYING THE BOUNDARIES OF TRANSIT AREAS AND22
OPTIONAL TRANSIT AREAS PURSUANT TO THIS SECTION , THE DEPARTMENT23
SHALL USE:24
(a) GEOSPATIAL DATA FROM RELEVANT TRANSIT AGENCIES AND25
METROPOLITAN PLANNING ORGANIZATIONS ; AND26
(b) ROADWAY LOCATIONS BASED UPON THE CENTERLINE OF THE27
1313
-46- ROADWAY.1
(7) Housing opportunity goals, models, and guidance. O N OR2
BEFORE FEBRUARY 28, 2025, THE DEPARTMENT SHALL PUBLISH MODELS3
AND GUIDANCE TO SATISFY THE GOALS OF THIS PART 2 AS ESTABLISHED IN4
SECTION 29-35-203 (2) AND INTERPRET THE DENSITY AND DIMENSIONAL5
STANDARDS ESTABLISHED IN SECTION 29-35-205 (1)(b) OF THIS SECTION6
WITH THE INTENT OF PROVIDING SIMPLE AND EFFICIENT METHODS FOR7
LOCAL GOVERNMENTS TO CALCULATE THE NET HOUSING DENSITY OF8
TRANSIT CENTERS IN ORDER TO MEET THEIR HOUSING OPPORTUNITY9
GOALS. IN PUBLISHING MODELS AND GUIDANCE , THE DEPARTMENT SHALL10
ESTABLISH MODELS, GUIDANCE, AND TYPICAL BUILDING TYPOLOGIES FOR11
LOCAL GOVERNMENTS WITH FORM -BASED CODES.12
29-35-208. Standard affordability strategies menu - long-term13
affordability strategies menu - alternative affordability strategies -14
impact fees. (1) Standard affordability strategies menu. O N OR15
BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A STANDARD16
AFFORDABILITY STRATEGIES MENU FOR TRANSIT -ORIENTED COMMUNITIES17
AND SHALL UPDATE THIS MENU AS NECESSARY. THE MENU MUST INCLUDE:18
THE FOLLOWING STRATEGIES:19
(a) I
MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE20
THAT
ACCOUNTS FOR LOCAL HOUSING MARKET CONDITIONS , IS CRAFTED21
TO MAXIMIZE REGULATED AFFORDABLE HOUSING , AND COMPLIES WITH22
THE REQUIREMENTS OF SECTION 29-20-104 (1)(e.5) AND (1)(e.7);23
(b) A
DOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY24
OWNED, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING25
DEVELOPMENT;26
(c) C
REATING OR SIGNIFICANTLY EXPANDING A PROGRAM TO27
1313
-47- SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER SIMILAR1
DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING2
DEVELOPMENT;3
(d) E
STABLISHING A DENSITY BONUS PROGRAM FOR TRANSIT4
CENTERS THAT GRANTS INCREASED FLOOR AREA RATIO , DENSITY, OR5
HEIGHT FOR REGULATED AFFORDABLE HOUSING UNITS ;6
(e) C
REATING A PROGRAM TO PRIORITIZE AND EXPEDITE7
DEVELOPMENT APPROVALS FOR REGULATED AFFORDABLE HOUSING8
DEVELOPMENT;9
(f) R
EDUCING LOCAL PARKING REQUIREMENTS FOR REGULATED10
AFFORDABLE HOUSING TO ONE -HALF SPACE PER UNIT OF REGULATED11
AFFORDABLE HOUSING, WITHOUT LOWERING THE PROTECTIONS PROVIDED12
FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING13
SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED , UNDER THE14
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.15
12101
ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; EXCEPT16
THAT, UPON THE PASSAGE OF HOUSE BILL 24-1304, THIS SUBSECTION17
(1)(f)
SHALL NOT BE IDENTIFIED BY A TRANSIT-ORIENTED COMMUNITY AS18
AN AFFORDABILITY STRATEGY THAT SATISFIES THE REQUIREMENTS OF19
29-35-204 (6)(b)(I)(A);20
(g) E
NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION21
OF ACCESSIBLE AND VISITABLE
REGULATED AFFORDABLE HOUSING UNITS ; 22
(h) E
NACTING LOCAL LAWS THAT SUPPORT HOUSING FOR FAMILIES ,
23
SUCH AS INCENTIVIZING CONSTRUCTION OF HOUSING UNITS WITH MULTIPLE24
BEDROOMS; AND25
(i) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT26
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .27
1313
-48- (2) Long-term affordability strategies menu. O N OR BEFORE1
J
UNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG -TERM2
AFFORDABILITY STRATEGIES MENU
AND SHALL UPDATE THIS MENU AS3
NECESSARY. THE MENU MUST INCLUDE THE FOLLOWING STRATEGIES :4
(a) E
STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR5
REGULATED AFFORDABLE HOUSING DEVELOPMENT , SUCH AS INSTITUTING6
A LINKAGE FEE ON
MARKET RATE HOUSING DEVELOPMENT TO SUPPORT7
NEW REGULATED AFFORDABLE HOUSING DEVELOPMENTS ;8
(b) R
EGULATING SHORT-TERM RENTALS, SECOND HOMES, OR9
OTHER UNDERUTILIZED OR VACANT UNITS IN A WAY , SUCH AS VACANCY10
FEES FOR UNDERUTILIZED UNITS, THAT PROMOTES MAXIMIZING THE USE OF11
LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS ;12
(c) M
AKING A COMMITMENT TO AND REMAINING ELIGIBLE TO13
RECEIVE FUNDING PURSUANT TO ARTICLE 32 OF THIS TITLE 29;14
(d) I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM15
THAT FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND16
TRUSTS;17
(e) E
STABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY18
SUCH AS:19
(I) A
CQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT20
HOUSING UNITS;21
(II) E
STABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE22
REALTORS TO WORK WITH LOW -INCOME AND MINORITY PROSPECTIVE23
HOME BUYERS;
24
(III) E
STABLISHING AN AFFORDABLE RENT -TO-OWN PROGRAM;
OR25
(IV) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS ;26
AND27
1313
-49- (f) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT1
OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY .2
(3) Alternative affordability strategies. A
TRANSIT-ORIENTED3
COMMUNITY MAY SUBMIT AN EXISTING OR PROPOSED LOCAL
LAW OR4
PROGRAM, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , TO5
THE DEPARTMENT, AND THE DEPARTMENT MAY DETERMINE THAT THE6
ADOPTION OF THAT LOCAL LAW OR PROGRAM QUALIFIES AS AN7
AFFORDABILITY STRATEGY FOR PURPOSES OF SECTION 29-35-204 (6)(a)8
AND (6)(b), SO LONG AS THE LOCAL LAW OR PROGRAM SUPPORTS EQUAL9
OR GREATER OPPORTUNITY FOR REGULATED AFFORDABLE HOUSING AND10
ACCESSIBLE UNITS THAN THE STRATEGIES DESCRIBED IN SUBSECTIONS (1)11
AND (2) OF THIS SECTION.12
13
29-35-209. Displacement risk assessment - displacement14
mitigation strategies menu - displacement mitigation strategies menu15
goals - alternative displacement mitigation strategies. (1) ON OR16
BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL CONDUCT AN17
ASSESSMENT THAT INCLUDES RECOMMENDATIONS IDENTIFYING THE18
RESOURCES NECESSARY TO IMPLEMENT THE DISPLACEMENT MITIGATION19
STRATEGIES IN THE DISPLACEMENT RISK MITIGATION STRATEGIES MENU20
DESCRIBED IN SUBSECTION (3) OF THIS SECTION. THE ASSESSMENT MUST21
IDENTIFY:22
(a) APPROPRIATE LOCAL, REGIONAL, OR NONPROFIT ENTITIES TO23
ASSIST RESIDENTS AT ELEVATED RISK OF DISPLACEMENT , WITH A FOCUS ON24
RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE A SMALLER POPULATION25
AND FEWER FINANCIAL RESOURCES THAN OTHER LOCAL GOVERNMENTS26
WITHIN THE SAME METROPOLITAN PLANNING ORGANIZATION ; AND27
1313
-50- (b) APPROPRIATE SOURCES OF FINANCIAL AND OTHER RESOURCES1
TO IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE2
DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN3
SUBSECTION (3) OF THIS SECTION, WHILE TAKING INTO ACCOUNT REGIONAL4
DISPARITIES IN RESOURCES.5
(2) (a) NO LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL6
DEVELOP GUIDANCE FOR TRANSIT -ORIENTED COMMUNITIES IN7
CONDUCTING A DISPLACEMENT RISK ASSESSMENT AND IMPLEMENTING8
DISPLACEMENT MITIGATION STRATEGIES . THE DEPARTMENT SHALL9
UPDATE THIS GUIDANCE AS NECESSARY .10
(b) I
N CREATING GUIDANCE FOR THE DISPLACEMENT RISK11
ASSESSMENT DESCRIBED IN SUBSECTION
(2)(a) OF THIS SECTION, THE12
DEPARTMENT SHALL DEVELOP A METHODOLOGY , WITH VARIATIONS FOR13
DIFFERENT LOCAL CONTEXTS INCLUDING THE SIZE AND RESOURCE LEVELS14
OF LOCAL GOVERNMENTS , FOR TRANSIT-ORIENTED COMMUNITIES WITHIN15
METROPOLITAN PLANNING ORGANIZATION BOUNDARIES TO USE TO :16
(I) G
ATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT ; AND17
(II) I
DENTIFY INFORMATION FROM NEIGHBORHOOD -LEVEL EARLY18
DISPLACEMENT WARNING AND RESPONSE SYSTEMS , OR IF THOSE SYSTEMS19
ARE UNAVAILABLE, IDENTIFY THE BEST AVAILABLE LOCAL , REGIONAL,20
STATE, OR FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY21
RESIDENTS AT ELEVATED DISPLACEMENT RISK , WHICH MAY INCLUDE:22
(A) T
HE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY23
LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DESIGNATED BY24
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN25
DEVELOPMENT;26
(B) T
HE PERCENTAGE OF HOUSEHOLDS THAT
ARE RENTERS;27
1313
-51- (C) THE PERCENTAGE OF COST-BURDENED HOUSEHOLDS , DEFINED1
AS HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE2
HOUSEHOLD'S INCOME ON HOUSING NEEDS;3
(D) T
HE NUMBER OF ADULTS WHO ARE TWENTY -FIVE YEARS OF4
AGE OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SC HOOL5
DIPLOMA;6
(E) T
HE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT7
THE PRIMARY SPOKEN LANGUAGE ;8
(F) T
HE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;9
(G) T
HE LOCATION OF MANUFACTURED HOME PARKS ;10
(H) A
REAS THAT QUALIFY AS DISADVANTAGED AS DETERMINED11
WITH THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL DEVELOPED12
BY THE COUNCIL ON ENVIRONMENTAL QUALITY IN THE OFFICE OF THE13
PRESIDENT OF THE UNITED STATES; AND14
(I) T
HE TRANSIT-ORIENTED COMMINUTES WHERE INCREASES IN15
ZONING CAPACITY WILL OCCUR AS A RESULT OF THE REQUIREMENTS OF16
THIS PART 2.17
(3) O
N OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL
18
DEVELOP A LONG-TERM DISPLACEMENT MITIGATION STRATEGIES MENU19
THAT INCLUDES THE FOLLOWING STRATEGIES :20
(a) D
EVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE
21
AND FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP22
INDEPENDENT COMMUNITY LAND TRUSTS ;23
(b) P
RIORITIZING SPENDING ON REGULATED AFFORDABLE HOUSING
24
UNIT PRESERVATION OR IMPLEMENTING OR CONTINUING DEED25
RESTRICTIONS FOR REGULATED AFFORDABLE HOUSING UNITS ;26
(c) P
ROVIDING HOMESTEAD TAX EXEMPTIONS FOR EITHER
27
1313
-52- LONG-TIME HOMEOWNERS IN NEIGHBORHOODS THAT A DISPLACEMENT1
RISK ASSESSMENT IDENTIFIES AS VULNERABLE TO DISPLACEMENT OR LOW -2
TO MODERATE-INCOME HOMEOWNERS WITHIN , OR WITHIN ONE-HALF MILE3
OF, A DESIGNATED TRANSIT CENTER;4
(d) R
EQUIRING MULTIFAMILY HOUSING DEVELOPERS TO CREATE A
5
COMMUNITY BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN6
ONE-QUARTER MILE OF A DEVELOPMENT BUILT IN AN AREA THAT IS7
VULNERABLE TO DISPLACEMENT ;8
(e) E
NSURING NO NET LOSS WITHIN THE DESIGNATED AREA OF
9
AFFORDABLE UNITS SUCH THAT AFFORDABILITY LEVELS ARE EQUAL OR10
GREATER THAN EXISTING LEVELS OF FAMILY SERVING UNITS THAT11
INCLUDE THREE OR MORE BEDROOMS ;12
(f) E
STABLISHING A PROGRAM TO PROVIDE COMMUNITY OR SMALL
13
LOCAL BUSINESS INVESTMENT IN AN AREA THAT IS VULNERABLE TO14
DISPLACEMENT; AND15
(g) OTHER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT16
PROVIDE DISPLACEMENT MITIGATION EQUIVALENT TO THE OTHER17
STRATEGIES DESCRIBED IN THIS SUBSECTION (3).18
(4) IN DEVELOPING THE DISPLACEMENT RISK MITIGATION19
STRATEGIES MENU DESCRIBED IN SUBSECTION (3) OF THIS SECTION, THE20
DEPARTMENT'S GOALS MUST BE TO SUPPORT:21
(a) R
ESOURCES, SERVICES, AND INVESTMENTS THAT SERVE22
VULNERABLE HOMEOWNERS AND RENTERS WITH ELEVATED RISK OF23
DISPLACEMENT;24
(b) T
HE PRESERVATION OF REGULATED AFFORDABLE HOUSING25
STOCK;26
(c) L
OCAL GOVERNMENT PLANNING AND LAND USE DECISIONS27
1313
-53- THAT INCORPORATE INCLUSIVE AND EQUITABLE DISPLACEMENT1
MITIGATION STRATEGIES, AND THE EMPOWERMENT OF LOW -INCOME2
PERSONS AND COMMUNITIES OF COLOR TO PARTICIPATE IN THOSE3
DECISIONS; AND4
(d) T
HE ABILITY OF VULNERABLE RESIDENTS TO REMAIN IN OR5
RETURN TO THEIR NEIGHBORHOODS OR COMMUNITIES BY ACCESSING NEW6
AFFORDABLE HOUSING OPPORTUNITIES IN THEIR NEIGHBORHOODS OR7
COMMUNITIES.8
29-35-210
. Transit-oriented communities infrastructure grant9
program - transit-oriented communities infrastructure fund - 10
definitions. (1) Grant program created. T
HE TRANSIT-ORIENTED11
COMMUNITIES INFRASTRUCTURE GRANT PROGRAM IS CREATED IN THE12
DEPARTMENT. THE PURPOSE OF THE GRANT PROGRAM IS TO ASSIST LOCAL13
GOVERNMENTS IN UPGRADING INFRASTRUCTURE AND SUPPORTING14
REGULATED AFFORDABLE HOUSING IN TRANSIT CENTERS AND15
NEIGHBORHOOD CENTERS .16
(2) Allowable purposes. G
RANT RECIPIENTS MAY USE MONEY17
RECEIVED THROUGH THE GRANT PROGRAM TO FUND :18
(a) O
N-SITE INFRASTRUCTURE FOR
AFFORDABLE HOUSING,19
INCLUDING REGULATED AFFORDABLE HOUSING , WITHIN A TRANSIT CENTER20
OR NEIGHBORHOOD CENTER ;21
(b) P
UBLIC INFRASTRUCTURE PROJECTS THAT ARE WITHIN , OR THAT22
PRIMARILY BENEFIT, A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;23
(c) P
UBLIC INFRASTRUCTURE PROJECTS THAT BENEFIT
24
AFFORDABLE HOUSING, INCLUDING REGULATED AFFORDABLE HOUSING , IN25
A TRANSIT CENTER OR NEIGHBORHOOD CENTER ;26
(d) A
CTIVITIES RELATED TO DETERMINING WHERE AND HOW BEST27
1313
-54- TO IMPROVE INFRASTRUCTURE TO SUPPORT A TRANSIT CENTER OR1
NEIGHBORHOOD CENTER ; 2
(e) I
NFRASTRUCTURE PROJECT DELIVERY , PLANNING, AND3
COMMUNITY ENGAGEMENT ; AND
4
(f) A
CTIVITIES CONTRACTED BY AN AREA AGENCY ON AGING , AS
5
DEFINED IN SECTION 26-11-201 (2), TO A TRANSIT-ORIENTED COMMUNITY6
TO PROVIDE SERVICES WITHIN, OR THAT BENEFIT, TRANSIT CENTERS AND7
NEIGHBORHOOD CENTERS , AND THAT FURTHER THE GOALS OF THIS PART8
2.9
(3) Grant program administration. T
HE DEPARTMENT SHALL10
ADMINISTER THE GRANT PROGRAM AND , SUBJECT TO AVAILABLE11
APPROPRIATIONS, AWARD GRANTS AS PROVIDED IN SUBSECTION (7) OF THIS12
SECTION AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS13
IN COMPLYING WITH THE REQUIREMENTS OF THIS PART 2.
14
(4) Grant program policies and procedures. T
HE DEPARTMENT15
SHALL IMPLEMENT THE GRANT PROGRAM IN ACCORDANCE WITH THIS16
SECTION. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES17
AS NECESSARY TO IMPLEMENT THE GRANT PROGRAM .18
(5) Grant application. T
O RECEIVE A GRANT , A LOCAL19
GOVERNMENT MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN20
ACCORDANCE WITH POLICIES AND PROCEDURES DEVELOPED BY THE21
DEPARTMENT.
22
(6) Grant program criteria. T
HE DEPARTMENT SHALL REVIEW23
THE APPLICATIONS RECEIVED PURSUANT TO THIS SECTION AND SHALL
24
ONLY AWARD GRANTS TO CERTIFIED TRANSIT -ORIENTED COMMUNITIES. IN25
AWARDING GRANTS, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING26
CRITERIA:27
1313
-55- (a) THE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL1
GOVERNMENT WOULD FUND WITH A GRANT AWARD ON THE DEVELOPMENT2
OF REGULATED AFFORDABLE HOUSING , MIXED-USE DEVELOPMENT ,3
ACCESSIBLE OR VISITABLE HOUSING UNITS , OR THE CREATION OR4
ENHANCEMENT OF HOME OWNERSHIP OPPORTUNITIES WITHIN A TRANSIT5
CENTER OR NEIGHBORHOOD CENTER . IF A PROJECT IS A LARGE-SCALE6
INFILL DEVELOPMENT PROJECT, SUBJECT TO A DISCRETIONARY APPROVAL7
PROCESS, AND ADJACENT TO AN ESTABLISHED NEIGHBORHOOD , THE8
DEPARTMENT SHALL GIVE PRIORITY TO SUCH A PROJECT IF A COMMUNITY9
BENEFITS AGREEMENT HAS BEEN ESTABLISHED IN CONNECTION WITH THE10
PROJECT.11
(b) I
N RESPONSE TO DEMONSTRATED NEEDS , THE EXTENT TO12
WHICH THE LOCAL GOVERNMENT HAS :13
(I) I
NTEGRATED MIXED -USE DEVELOPMENT BY ALLOWING14
NEIGHBORHOOD COMMERCIAL USES THAT HAVE THE MAIN PURPOSE OF15
MEETING CONSUMER DEMANDS FOR GOODS AND SERVICES WITH AN16
EMPHASIS ON SERVING THE SURROUNDING RESIDENTIAL NEIGHBORHOOD17
WITHIN ONE-QUARTER MILE OF A TRANSIT CENTER OR NEIGHBOR HOOD18
CENTER;19
(II) A
DOPTED AFFORDABILITY STRATEGIES FROM THE20
AFFORDABILITY STRATEGIES MENUS IN SECTION 29-35-208
BASED ON THE21
LOCAL GOVERNMENT 'S DEMONSTRATED HOUSING NEEDS , INCLUDING22
HOUSING NEEDS FOR RENTAL AND FOR -SALE HOUSING AND FOR LOW -,23
MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE24
U
NITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT,25
AND PERMANENT SUPPORTIVE HOUSING ;26
(III) A
DOPTED DISPLACEMENT MITIGATION STRATEGIES FROM THE27
1313
-56- DISPLACEMENT MITIGATION STRATEGIES MENU IN SECTION 29-35-209;1
AND2
(IV) D
ESIGNATED NEIGHBORHOOD CENTERS WITHIN OPTIONAL3
TRANSIT AREAS; AND4
(c) I
NFORMATION CONTAINED IN THE REPORTS SUBMITTED BY A5
LOCAL GOVERNMENT PURSUANT TO SECTION 29-35-204 THAT PROVIDES6
EVIDENCE THAT THE LOCAL GOVERNMENT HAS MET THE REQUIREMENTS7
OF SECTION 29-35-204.8
(7) Grant awards. S
UBJECT TO AVAILABLE APPROPRIATIONS , THE9
DEPARTMENT SHALL AWARD GRANTS USING MONEY IN THE FUND
AS10
PROVIDED IN THIS SECTION.11
(8) Transit-oriented communities infrastructure fund.12
(a) (I) T
HE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE FUND IS13
CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF MONEY14
TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (8)(a)(III) OF THIS15
SECTION, GIFTS, GRANTS, AND DONATIONS, AND ANY OTHER MONEY THAT16
THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND .17
T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED18
FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE F UND TO THE19
FUND.20
(II) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE21
DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE GRANT PROGRAM ,22
AND THE DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY23
IN THE FUND
FOR COSTS INCURRED BY THE DEPARTMENT IN24
ADMINISTERING THE GRANT PROGRAM .25
(III) O
N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER26
THIRTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .27
1313
-57- 1
(9) Reporting. (a) O
N OR BEFORE JANUARY 1, 2025, AND EACH2
J
ANUARY 1 THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM , THE3
DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT TO THE HOUSE OF4
REPRESENTATIVES TRANSPORTATION , HOUSING, AND LOCAL GOVERNMENT5
COMMITTEE AND THE SENATE LOCA L GOVERNMENT AND HOUSING6
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , ON RELEVANT7
INFORMATION REGARDING THE GRANT PROGRAM .8
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE9
REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL10
ALL GRANT PROGRAM MONEY IS FULLY EXPENDED .11
(10) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT12
OTHERWISE REQUIRES:13
14
(a) "FUND" MEANS THE TRANSIT -ORIENTED COMMUNITIES15
INFRASTRUCTURE FUND CREATED IN SUBSECTION (8)(a) OF THIS SECTION.16
(b) "GRANT PROGRAM " MEANS THE TRANSIT -ORIENTED17
COMMUNITIES INFRASTRUCTURE GRANT PROGRAM CREATED IN THIS18
SECTION.19
SECTION 2. In Colorado Revised Statutes, 24-67-105, add (5.5)20
as follows:21
24-67-105. Standards and conditions for planned unit22
development - definitions. (5.5) (a) A
NY PLANNED UNIT DEVELOPMENT23
RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR24
NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL25
GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION26
(5.5)
MUST NOT RESTRICT THE DEVELOPMENT OF HOUSING IN ANY MANNER27
1313
-58- THAT IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN1
AREA AS A TRANSIT CENTER PURSUANT TO SECTION 29-35-205, OR AS A2
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-206.3
(b) A
NY PLANNED UNIT DEVELOPMENT RESOLUTION OR4
ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD5
CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT6
BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5.5) AND THAT7
RESTRICTS THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT IS8
INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS A9
TRANSIT CENTER PURSUANT TO SECTION 29-35-205,
OR AS A10
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-206:11
(I) M
UST NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE12
DEVELOPMENT OF MULTIFAMILY RESIDENTIAL DWELLING UNITS SO THAT13
A TRANSIT-ORIENTED COMMUNITY COULD NOT DESIGNATE AN AREA AS A14
TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT WOULD OTHERWISE15
QUALIFY AS SUCH; AND16
(II) M
AY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW17
ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS FOR DESIGNATION OF18
A TRANSIT CENTER PURSUANT TO SECTION 29-35-206, OR AS A19
NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-35-206
.20
(c) N
OTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A21
LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY22
SUCH PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE .23
(d) A
S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT24
OTHERWISE REQUIRES:25
(I) "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN26
SECTION 29-35-102 (12).
27
1313
-59- (II) "NEIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET1
FORTH IN SECTION 29-35-202 (5).2
(III) "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN3
SECTION 29-35-202 (10).
4
SECTION 3. In Colorado Revised Statutes, 29-20-203, add (1.5)5
as follows:6
29-20-203. Conditions on land-use approvals. (1.5) W
HEN
7
REQUIRING AN OWNER OF PRIVATE PROPERTY TO DEDICATE REAL8
PROPERTY TO THE PUBLIC, IF THE SUBJECT PROPERTY DOES NOT MEET9
LOCAL GOVERNMENT STANDARDS FOR DEDICATION AS DETERMINED BY10
THE LOCAL GOVERNMENT, INCLUDING DEDICATION TO THE PARKS, TRAILS,11
OR OPEN SPACE SYSTEMS, A LOCAL GOVERNMENT SHALL PROVIDE THE12
PRIVATE PROPERTY OWNER THE OPTION OF PAYING A FEE IN LIEU OF13
DEDICATION.14
SECTION 4. In Colorado Revised Statutes, 38-33.3-106.5, add15
(3) as follows:16
38-33.3-106.5. Prohibitions contrary to public policy -17
patriotic, political, or religious expression - public rights-of-way - fire18
prevention - renewable energy generation devices - affordable19
housing - drought prevention measures - child care - definitions.20
(3) (a) I
N A TRANSIT CENTER OR NEIGHBORHOOD CENTER , AN21
ASSOCIATION SHALL NOT ADOPT A PROVISION OF A DECLARATION , BYLAW,22
OR RULE ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3) THAT23
RESTRICTS THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW24
THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER ,25
AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES26
SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .27
1313
-60- (b) IN A TRANSIT CENTER OR NEIGHBORHOOD CENTER , NO1
PROVISION OF A DECLARATION, BYLAW, OR RULE OF AN ASSOCIATION THAT2
IS ADOPTED BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (3) MAY3
RESTRICT THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW4
THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER ,5
AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES6
SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .7
(c) A
S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT8
OTHERWISE REQUIRES:9
(I) "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN10
SECTION 29-35-102 (11).11
(II) "N
EIGHBORHOOD CENTER " HAS THE SAME MEANING AS SET12
FORTH IN SECTION 29-35-202 (5).
13
(III) "T
RANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN14
SECTION 29-35-202 (10).
15
16
SECTION 5. In Colorado Revised Statutes, 43-1-1103, add (5.5)17
as follows:18
43-1-1103. Transportation planning. (5.5) T
HE DEPARTMENT
19
OF TRANSPORTATION SHALL CONDUCT A STUDY THAT IDENTIFIES :20
(a) P
OLICY BARRIERS AND OPPORTUNITIES WITHIN THE
21
DEPARTMENT THAT INCLUDES AN EXAMINATION OF POLICIES WITHIN THE22
STATE ACCESS CODE , ROADWAY DESIGN STANDARDS , AND THE23
TREATMENT OF PEDESTRIAN AND BICYCLE CROSSINGS . THE STUDY SHALL24
EXAMINE THE IMPACT OF THESE POLICIES ON NEIGHBORHOOD CENTERS25
AND TRANSIT CENTERS, INCLUDING THE IMPACT ON HOUSING PRODUCTION ,26
THE IMPLEMENTATION OF CONTEXT -SENSITIVE DESIGN, COMPLETE27
1313
-61- STREETS, AND PEDESTRIAN-BICYCLE SAFETY MEASURES; AND1
(b) T
HE PORTIONS OF STATE HIGHWAY THAT PASS THROUGH
2
LOCALLY-IDENTIFIED TRANSIT CENTERS AND NEIGHBORHOOD CENTERS3
THAT ARE APPROPRIATE FOR CONTEXT -SENSITIVE DESIGN, COMPLETE4
STREETS AS DEFINED IN THE "INFRASTRUCTURE INVESTMENT AND JOBS5
A
CT", PUB.L. 117-5, AND PEDESTRIAN-BICYCLE SAFETY MEASURES.
6
SECTION 6. Appropriation. (1) For the 2024-25 state fiscal7
year, $183,138 is appropriated to the office of the governor for use by the8
Colorado energy office. This appropriation is from the general fund and9
is based on the assumption that the office will require an additional 0.810
FTE. To implement this act, the office may use this appropriation for11
program administration.12
(2) For the 2024-25 state fiscal year, $70,000 is appropriated to13
the office of the governor for use by the office of information technology.14
This appropriation is from reappropriated funds received from the15
department of local affairs from the transit-oriented communities16
infrastructure fund created in section 29-35-210 (8)(a)(I), C.R.S. To17
implement this act, the office may use this appropriation to provide18
information technology services for the department of local affairs.19
SECTION 7. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
1313
-62-