Purpose of This Information
The information on this page is meant to be used by technical planning staff in jurisdictions that may be subject to HB24-1313 to support their preliminary calculations of a local Housing Opportunity Goal. This information is based on the March 26, 2024 preamended bill text. If you have questions regarding the information presented, or if you have jurisdiction-specific questions, please contact KC McFerson.
Technical Webinar
This recording was made of a technical webinar regarding the framework and inner workings of HB24-1313 as of April 8, 2024. Webinar slides are also available.
Questions
Still have questions? Please reach out to KC McFerson.
What is a Transit-Oriented Community? Where would this bill apply?
What are Transit Areas? How are they determined?
What is a Housing Opportunity Goal? How is it calculated?
How do communities determine where to put the zoning capacity required under this bill?
What does the net housing density measurement mean?
Where does the number 40 units per acre come from?
Would a jurisdiction be penalized for zoning for enough housing, but if housing weren’t built?
What are the public process requirements around building housing in these communities?
What are Neighborhood Centers?
What about parcels with infrastructure needs to support more housing in these Transit Areas?
What is the compliance timeline?
Are there maps showing transit areas?
What are the affordability requirements in the bill?
HB24-1313 Technical FAQ Summary
The information below provides initial answers to common questions and themes raised to date, as well as during the Q&A portion of the technical webinar (recording and slides above). These responses are not intended to provide policy commentary but rather to answer common technical questions. DOLA will review the finalized details of HB24-1313 if it passes and develop more robust guidance for subject jurisdictions.
What is a Transit-Oriented Community? Where would this bill apply?
This bill would apply to approximately 30 jurisdictions on the Front Range. Municipalities only qualify if they are in Metropolitan Planning Organizations (MPOs), have a population of 4,000 or more, and have 75 acres or more of Transit Areas (total area, including exempt parcels). Counties qualify if they are in MPOs and near light or commuter rail stations or have unincorporated areas that are completely surrounded by municipalities.
What are Transit Areas? How are they determined?
Transit Areas include both Transit Station Areas, which are a quarter mile buffer around urban bus rapid transit and frequent bus (15-minute service or better) corridors, and Transit Corridor Areas, which are a half mile buffer around light rail, commuter rail, and commuter bus rapid transit (such as the Flatiron Flyer) stations. The bill directs DOLA to publish an official map of these areas by July 31, 2024, which would rely on the RTD System Optimization Plan for routes with planned 15-minute service, and the DRCOG 2050 RTP for BRT routes planned for implementation by 2030.
What is a Housing Opportunity Goal? How is it calculated?
The Housing Opportunity Goal is a benchmark for jurisdictions to determine whether they’ve met the criteria in the proposed bill, based on their local circumstances. Housing Opportunity Goals would use data to determine how much land is near certain transit services, remove parcels that should not be included (i.e., floodplains, airports, etc.), and then create a goal based on the available land, using a metric of 40 dwelling units per acre. For example, if a local jurisdiction had 100 acres of land that was within proximity to transit (after removing the exempt parcels), the jurisdiction would have to allow 4,000 units of zoning capacity (100 acres x 40 units per acre). The Housing Opportunity Goal would require subject jurisdictions to ensure certain numbers and density of dwelling units are allowable in zoning. Subject jurisdictions would not be required to demonstrate production of a certain number of dwelling units.
What are exempt parcels?
Parcels within a Transit Area that are unlikely to yield housing are meant to be removed from the HOG calculation. Exempt parcels listed in HB24-1313 include floodways and 100-year floodplains, cemeteries, airports, public rights of way, mobile home parks, state and federal property, industrial zoning districts, agricultural/forestry/parks/open space, areas subject to conservation easements, and parcels not served by domestic water and sewer treatment.
How do communities determine where to put the zoning capacity required under this bill?
After calculating the Housing Opportunity Goal, subject jurisdictions would evaluate how much zoning capacity already exists (i.e., districts that exist in the local zoning code, beyond what may be envisioned in a comprehensive plan) and where to locate Transit Centers (based on criteria identified in bill section 29-35-206). Jurisdictions would need to identify enough Transit Centers so that the sum of the zoning capacity across all Transit Centers is greater than or equal to the Housing Opportunity Goal. Transit Centers must allow at least 15 dwelling units per acre, must allow multi-family housing via administrative approval, and must be at least partially within a Transit Area (but may extend up to ¼ mile beyond a Transit Area). If a jurisdiction does not have zoning districts in their Transit Areas that already meet the criteria to be a Transit Center, the jurisdiction may either work to alter the dimensional or other standards of existing districts to meet the criteria, or could create a new district or overlay zone. Not every Transit Area must have a designated Transit Center.
What does the net housing density measurement mean?
Net housing density per acre is a zoning measurement that determines how many homes can be built per acre on a particular site, not counting streets, parks, and other undevelopable land in the area. To allow 40 homes per acre, a subject jurisdiction may consider allowing a mix of townhomes, multifamily buildings that are three or five stories, and other building types. The jurisdiction could also consider a range of standard modifications to land use codes, such as adjusting setbacks or lot coverage, allowing housing in commercial-only zones, reducing parking requirements, or otherwise modifying standards to meet the goal. Accessory dwelling units would also count toward the average density. Additionally, a subject jurisdiction could choose to include density on industrial parcels (or other exempt parcels), even though industrial zones are exempt from the Housing Opportunity Goal (i.e., these zones would not contribute to the total goal but could be counted when calculating whether the goal has been met).
Where does the number 40 units per acre come from?
Per the legislative declaration, research shows this level of zoned density can support both transit ridership and affordable housing. A review of recent federally-funded affordable housing projects found that more than half of developments are built at over 50 units per acre, as higher density helps affordability "pencil out" financially.
Would a jurisdiction be penalized for zoning for enough housing, but if housing weren’t built?
No. HB1313 is focused on zoning capacity, which can be an initial barrier to housing production, but the bill itself does not require local governments to ensure housing is built. HB1313 has been confused in some cases with the requirements from Prop 123, which does focus on housing production. There is no penalty in HB1313 if units are not built as long as localities have zoned capacity.
What are the public process requirements around building housing in these communities?
As subject jurisdictions evaluate their Housing Opportunity Goal, HB24-1313 does not modify or otherwise direct local public process. City/town councils and county commissions would need to discuss and vote on changes, as is standard with legislative rezonings. The community would have the opportunity to provide input through that process and jurisdictions may also decide to hold additional community engagement meetings and visioning exercises.
In the case of a Transit Center that crosses jurisdictional boundaries, can a subject jurisdiction count the density provided by a neighboring jurisdiction?
No, under this bill each jurisdiction would be responsible for meeting their Housing Opportunity Goal in areas within their jurisdiction.
What are Neighborhood Centers?
Communities that would not qualify for inclusion could opt in to access incentives. Neighborhood Centers are designated by communities and are downtowns and main streets that lack frequent transit service but demonstrate nodal development and would be logical areas to incentivize the next phase of density for that area. Incentives for opt-in communities are access to a new infrastructure fund and a new affordable housing tax credit.
What about parcels with infrastructure needs to support more housing in these Transit Areas?
Jurisdictions could still deny permits, or condition approvals, of housing units based on whether the project can meet standards for infrastructure (water, sewer, streets, electric, impact fees) just as they do now. In addition, Transit Centers may be located outside the Transit Areas (within certain parameters), if needed, to better align with infrastructure capacity. The bill includes $35 million in grants for public infrastructure, which would support both public infrastructure and affordable housing projects near transit.
What is the compliance timeline?
This bill would require subject jurisdictions to submit a report demonstrating compliance by December 31, 2026.
Are there maps showing transit areas?
In the bill, Section 208 establishes the process and criteria to create the maps. These maps will be based on transit service plans at this moment in time, meaning future modifications to transit service plans referenced in the bill or transit areas will not increase or decrease the Housing Opportunity Goal of a subject jurisdiction nor make any new subject jurisdictions.
What are the affordability requirements in the bill?
This bill would require subject jurisdictions to provide a report that identifies at least three housing affordability strategies (two from a standard menu and one from a long-term affordability menu, listed in bill sections 29-35-209 (1) and (2)), as well as an implementation plan. The bill also includes funding for affordable housing tax credits for affordable housing projects in Transit Areas.