The Colorado Springs City Council last week formally opposed Gov. Jared Polis’ wide-ranging proposed land-use bill they said would remove local authority over land use planning and zoning decisions.

“Cities and municipalities should maintain their ability to address the needs of their citizens without a one-size-fits all solution from the state,” Councilman Dave Donelson said during the council’s regular meeting Tuesday, before the group voted unanimously to pass a symbolic resolution opposing the measure.

Colorado Springs is one of more than 50 Colorado municipalities protesting the 105-page bill that proposes requiring communities to adopt “flexible minimum standards” for accessory dwelling units – known as “granny flats” – and “middle housing” like duplexes, triplexes and townhomes.

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If municipalities don’t adopt such standards, they would be required to use a state-developed model that would include zoning changes.

Under proposed flexible standards, accessory dwelling units and middle housing would be allowed as a use-by-right in any single-family residential zones. Middle housing would also be allowed as a use-by-right in areas with frequent transit service. Generally, this means they would be a permitted use not subject to review by the city.

Additionally for renters, local governments can regulate short-term rentals for accessory dwelling units and middle housing with “affordability strategies,” but the bill does not mandate affordable housing.

If the measure passes as proposed, the Colorado Department of Local Affairs would enforce the mandates for local governments that don’t adopt the flexible standards. The department has historically had a collaborative relationship with municipalities to help them carry out their functions.

The number of local governments of all sizes opposing the bill should tell state legislatures it’s not the right option for Colorado, said Kevin Bommer, executive director of the Colorado Municipal League. 

“What that tells you is you’re stepping into territory that in Colorado has historically (been) and should remain off-limits. … We have the opportunity here to accelerate affordable housing development and tackle all of the issues that contribute to our housing shortage and cost issues,” he said. “So let’s do that and not have this fight over unnecessary preemption of local authority.”

Outgoing Colorado Springs Councilman Wayne Williams, who is running for mayor, said the city has already undergone “exhaustive processes” to update its zoning and land use plans in recent years, which included hundreds of hours of public meetings and other resident input.

“Having the ability to come in and visit with folks to testify, to provide input, is one of the basic functions of local government. For the state to try to take that over is wholly inappropriate,” Williams said. 

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Outgoing Councilman Tom Strand said the city’s symbolic resolution sends a strong message to state leaders because Colorado Springs is the second-largest city in Colorado and the 39th-largest city in the country.

Colorado Springs is also one of more than 100 home-rule cities and towns in Colorado, with the power to set local regulations and have more control over day-to-day operations. Without home-rule status, municipalities fall under rules set by the Colorado General Assembly and can’t set ordinances that conflict with state laws, according to the 2018 Colorado Local Government Handbook.

“We think this is more than a gesture,” Strand said. “… I think all of us here treasure the fact that we’re a home rule city and this legislation would essentially toss that aside and say, ‘We obviously know a lot better than you up in our (state) capital.'”

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Polis spokesman Conor Cahill said in an emailed statement Friday the bill intends to “enhance property rights and cut red tape.” It is supported by more than 40 current and former municipal leaders and groups across the state, according to a list he provided.

“The overwhelming support for making housing less costly in Colorado comes from the people of the state. The broad coalition to fix our housing crisis is composed of business leaders, organized labor, environmental advocates and housing affordability advocates,” Cahill said. “… We need to get this right, because Coloradans expect their elected leaders to do what’s right for Colorado and solve the very real housing challenges they continue to face on a daily basis across our state.”

Williams said the Colorado Springs City Council has taken a number of steps to address the housing crisis, including formulating and adopting a new zoning code in late January that allows for more infill and a greater variety of housing.

He said the city has also adopted a fee rebate program for developers to encourage them to build more affordable housing for some of the lowest income earners in town, and Colorado Springs Utilities also earmarks $2 million annually to pay for infrastructure costs for 120 single-family homes or 2,000 apartments.

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