HomeMy WebLinkAbout03-17-2025 - Study Session Agenda PacketSTUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
Monday, March 17, 2025
6:30 p.m.
This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th
Avenue, Municipal Building, Council Chambers.
City Council members and City staff members will be physically present at the
Municipal building for this meeting. The public may participate in these ways:
1. Attend the meeting in person at City Hall. Use the appropriate roster to sign
up to speak upon arrival.
2. Provide comment in advance at www.wheatridgespeaks.org (comment by
noon on March 17, 2025)
3. Virtually attend and participate in the meeting through a device or phone:
Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on March 17, 2025)
4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or
YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary
aids and services leading to effective communication for people with disabilities,
including qualified sign language interpreters, assistive listening devices, documents
in Braille, and other ways of making communications accessible to people who have
speech, hearing, or vision impairments. To request auxiliary aid, service for effective
communication, or document in a different format, please use this form or contact
ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as
soon as possible, preferably 7 days before the activity or event.
Public Comment on Agenda Items
1. 2025 Legislative Forum
2. State Land Use Legislation – Impacts to Wheat Ridge
3. Staff Report(s)
4. Elected Officials’ Report(s)
ITEM NO. 1
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager Marianne Schilling, Assistant City Manager
FROM: Cole Haselip, Management Analyst
DATE: March 17, 2025
SUBJECT: 2025 Legislative Forum
ISSUE:
The Legislative Forum is an opportunity for the City’s elected officials and staff to
discuss legislative priorities, current legislation, and Wheat Ridge positions and
priorities for the 2025 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and Colorado Municipal League Legislative Advocacy
Manager Heather Stauffer will be available to review legislation and answer questions.
DISCUSSION:
Each year, City staff invites legislators, Colorado Municipal League staff and City
Department Directors to join for the Legislative Forum. This is an annual opportunity to
discuss legislative priorities, current legislation, and Wheat Ridge positions and
priorities for the 2025 session.
Legislative Forum Agenda
• 2025 Priority Legislative Issues
o Heather Stauffer, CML
o Senator Jessie Danielson
o Representative Monica Duran
o City of Wheat Ridge Legislative Committee
• Questions and Answers
o City Council
o City Department Directors
Legislative Committee Positions
In 2025, the Wheat Ridge City Council launched a Legislative Advocacy Program. This
initiative includes the adoption of the 2025 Legislative Agenda (Attachment 1), the
formation of a City Council subcommittee, the Legislative Committee, to review legislation affecting the City and recommend advocacy position resolutions, a process
for the City Council to consider adopting those resolutions, and a plan for City Staff and
the Legislative Committee to begin lobbying in alignment with the adopted positions.
During the March 6 Legislative Committee meeting, consensus was provided to
Study Session Memo – 2025 Colorado Legislative Forum
March 17, 2025
Page 2
recommend that the City Council consider two specific advocacy position resolutions at
the March 24, 2025, Regular Meeting: SB25-001 and HB25-1272. The Legislative
Committee will provide an overview of their advocacy positions during the Legislative
Forum; however, the advocacy positions and detail can be found below.
SB25-001: Colorado Voting Rights Act - Oppose
The Legislative Committee firmly supports the voting rights of all Coloradans and takes
pride in Jefferson County’s reputation as a national model for fair and well-run local
elections. However, the Committee is concerned that SB25-001 infringes on municipalities’ constitutional authority to govern their own elections. Echoing the
concerns of the Colorado Municipal League (Attachment 2), the Committee warns that
the bill could introduce partisan influences into traditionally nonpartisan elections,
create costly litigation risks, and impose unfunded mandates on local governments.
HB25-1272: Construction Defects & Middle Market Housing - Support
The Committee is pleased to support HB25-1272, which aligns with the City’s broader
affordable housing strategy by addressing key barriers to middle-market housing
development in Colorado. Under current law, a litigious environment discourages
condominium construction, limiting the availability of attainable homeownership options. This bill introduces new requirements and protections for construction
professionals in defect claims, including a mandate for claimants to submit an affidavit
from a licensed professional when filing a claim and a rebuttable presumption that
properties with a certificate of occupancy are not defective. It also extends the statute
of limitations to 10 years, or 6 years if a qualifying warranty is provided, while pausing the limitation period during defect mitigation. Additionally, the bill raises the homeowner
association approval threshold for defect claims from a simple majority to 65% and
ensures that any awarded damages are used for repairs first. By creating a more
balanced legal environment, HB25-1272 supports the City's efforts to encourage a wider
range of housing options, making homeownership more attainable for middle-income residents and advancing the City's commitment to increasing housing affordability.
ATTACHMENTS:
1. City of Wheat Ridge 2025 Legislative Agenda
2. SB25-001 CML Position Paper
3. CML Box Score of Bills
This document is the 2025 Legislative
Agenda for the City of Wheat Ridge
and is intended to guide staff and the
City Council in lobbying for or against
legislative items.
2025
Legislative
Agenda
ATTACHMENT 1
01 Introduction
The Wheat Ridge Legislative Agenda
02 Home Rule
Governance of local matters
04 Economic Development
Creating vibrant economic ecosystems
06 Homelessness
Comprehensive homeless navigation
08 Infrastructure & Transportation
Maintaining and enhancing infrastructure
10 Parks and Recreation
Parks and recreation department
03 Community Development
Shaping the City’s physical growth
05 Affordable Housing
Access to affordable housing
07 Public Safety
Resident safety
09 Sustainability
Comprehensive sustainability program
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11 Administrative Services
Clerk's office, finance, human resources & more
Introduction
The Wheat Ridge Legislative Agenda guides the City’s advocacy on state-level policy decisions
that could significantly impact our community. Developed in collaboration with the City’s Legislative
Committee, this agenda establishes clear positions on anticipated legislation for the 2025 Colorado
Legislative Session. It serves as both a framework for City officials’ advocacy efforts and a resource
for state legislators considering policies affecting Wheat Ridge.
Our advocacy positions emerge from extensive community engagement and align with City
Council’s adopted plans. This local perspective is essential, as statewide policies often overlook the
unique needs of individual communities. Overall, the City’s advocacy positions can be summarized
into the following themes:
A.Community-Centered Solutions: Requesting financial support, technical assistance, and
flexibility to implement locally tailored approaches to meeting desired state outcomes. Set the
destination but allow us to chart the course.
B.Equity & Accessibility: Encouraging the State to partner with municipalities committed to
addressing equity and accessibility issues.
C.Statewide Collaboration: Expressing a strong desire to partner and collaborate with the State,
utilities, special districts, and regional organizations to improve quality of life.
D.Local Control: Advocating for local control over health, safety, welfare related items such as
policing, land-use, development, planning, and permit review.
E.Oppose Unfunded Mandates: Opposition to unfunded mandates and one-size-fits-all
approaches.
This document is organized into key focus areas, including: home rule, community development,
economic development, affordable housing, homelessness, public safety, infrastructure and
transportation, sustainability and parks and recreation. Each focus area includes an overview followed
by a ‘Proposed Legislation’ section highlighting bills that enhance Wheat Ridge residents’ quality of
life. Additionally, each focus area features an ‘Opposed Legislation’ section outlining policies that
could negatively impact our community.
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Home Rule
Home Rule allows Colorado municipalities to govern local matters.
Wheat Ridge became a Home Rule municipality in 1976, valuing
municipal autonomy to address residents’ unique needs, which is
essential to the principles of democracy.
Wheat Ridge advocates for the protection of local control, urging the state to support Home
Rule cities in decisions regarding zoning, licensing, taxation, and public services, and more.
We advocate for state policies that respect municipal home rule and encourage cities to
tackle statewide priorities through support and incentives, rather than imposing mandatory
compliance. By upholding the principles of Home Rule, the state can empower cities like Wheat
Ridge to respond to local needs effectively, fostering responsive and adaptable governance that
reflects the will of the community.
Proposed Legislation
Opposed Legislation
Wheat Ridge opposes any state mandates that would undermine local authority on taxation and
revenue generation, including any legislation that imposes unfunded mandates or requirements
on local governments. These legislative priorities underscore Wheat Ridge’s commitment to
local self-determination, ensuring that the City can continue to serve its residents effectively
while preserving the distinct character and unique needs of the community.
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Community Development
Community Development shapes the City’s physical growth, aiming for safe,
attractive neighborhoods and vibrant commercial areas. This effort involves
collaboration with residents and businesses and encompasses planning, zoning,
neighborhood engagement, affordable housing, building permits, floodplain
management, and engineering services.
The City of Wheat Ridge is dedicated to promoting thoughtful and balanced development that
empowers local control over zoning, land use, and development standards, while addressing
critical barriers to housing growth. The City faces challenges due to limited utility capacity and
the readiness of smaller utility districts to modernize for future needs, both of which are critical
for development. As utility capacity is beyond the City’s control, we urge the state to obligate
and support these providers in working collaboratively with local governments, engaging in
forward-looking planning, and expanding capacity to meet increasing demand. Additionally, we
seek state funding for long-term planning and community engagement initiatives, essential for
shaping development that aligns with the needs and aspirations of our residents.
Proposed Legislation
Opposed Legislation
The City strongly opposes statewide mandates that impose one-size-fits-all changes to local
land use laws, zoning ordinances, or density requirements. Specifically, we reject state efforts
that dictate how municipalities must achieve statewide goals. If the state insists on setting
specific goals for municipalities, it should refrain from prescribing the methods for achieving
them, allowing local governments the flexibility to develop solutions that best fit their unique
communities.
We also oppose uniform building codes that limit our ability to adopt local standards for
development and safety. The City rejects legislation that restricts our control over development
review timelines, licensing, and permitting processes. Our established systems ensure high
standards and effective governance, and statewide changes could undermine community safety
and growth management.
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Economic Development
Wheat Ridge promotes economic development by marketing the city, attracting
retail, revitalizing commercial corridors, and expanding primary job growth
opportunities. The City’s Urban Renewal Authority manages several areas to
eliminate blight, enhance quality of life, and attract new economic investment.
Wheat Ridge urges the state to support local governments in creating vibrant economic
ecosystems through policies and investments that drive business growth, innovation, and
workforce development. The City seeks funding for programs that assist small and local
businesses, especially those owned by underrepresented groups, by providing access to capital
and technical resources. Additionally, state support for economic development planning is
crucial for local governments to strategize for long-term growth.
The City calls for prioritization of workforce development initiatives in key industries, such as
light manufacturing and creative sectors, and for investments in flex spaces and facilities that
create local jobs. Wheat Ridge advocates for training and education programs to help residents
advance their careers in emerging industries.
Furthermore, the City requests state investment in redevelopment projects and public
infrastructure improvements to revitalize commercial corridors and attract new businesses,
while promoting sustainable development practices that enhance housing attainability and
quality of life. State-funded technical assistance is also essential to ensure entrepreneurs and
small business owners have the support needed to thrive in a competitive economy.
Proposed Legislation
Opposed Legislation
Wheat Ridge opposes state initiatives that promote economic development without engaging
local governments in collaboration. The City resists legislation that limits local flexibility in
implementing tailored economic strategies, as rigid requirements can undermine efforts to foster
a thriving local economy. Additionally, the City opposes cuts to workforce development funding,
which are essential for equipping residents with training and job opportunities that meet the
needs of local industries.
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Affordable Housing
Wheat Ridge is committed to increasing access to affordable housing. The
City manages a program that attracts, funds, and collaborates with partners to
develop a variety of affordable housing options.
In alignment with its Affordable Housing Strategy, Wheat Ridge calls on the state to prioritize
legislation addressing critical housing needs for low- and moderate-income households,
particularly those earning less than $75,000 annually or 80% of the area median income (AMI).
State policies providing financial subsidies and tax incentives for nonprofit and private developers
focused on affordable housing are essential for bridging affordability gaps and ensuring project
viability. Wheat Ridge supports initiatives that encourage public-private partnerships, enabling local
governments to leverage state resources for affordable housing development.
The City also advocates for legislative reform to address construction defect litigation, which has
hindered affordable condominium development. Like many communities, Wheat Ridge faces a
shortage of entry-level homeownership options, particularly condominiums. We support state-level
reforms that protect consumers while encouraging developer investment in these projects.
Additionally, Wheat Ridge strongly supports state legislation to streamline the disposal of
state land for affordable housing development, facilitating the construction of homes that meet
community needs.
Preserving naturally occurring affordable housing (NOAH) is a key priority. The City advocates
for increased state funding to maintain and improve aging rental units, ensuring they remain
accessible to low- and moderate-income households. These legislative priorities reflect Wheat
Ridge’s commitment to fostering a community where affordable housing is available to all,
strengthening the city’s social fabric and economic resilience.
Proposed Legislation
Opposed Legislation
Wheat Ridge opposes any state legislation that restricts local governments’ ability to implement
affordable housing solutions tailored to their communities’ specific needs. This includes blanket
policies that mandate uniform zoning or development standards that do not account for local
contexts, which could stifle innovative approaches to affordable housing. Additionally, the City
would resist state funding cuts to programs that support low- and moderate-income housing
development, as such reductions would undermine the ability of local governments to address
critical housing shortages. Furthermore, any legislation that undermines the preservation
of naturally occurring affordable housing (NOAH) would be met with strong opposition, as it
jeopardizes the availability of affordable rental options for vulnerable populations.
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Homelessness
Wheat Ridge operates a comprehensive homeless navigation program in
collaboration with neighboring municipalities. This program assists individuals
on their journey to secure transitional and permanent housing, ultimately guiding
them toward self-sufficiency.
Wheat Ridge is committed to addressing homelessness by advocating for state legislation that
supports local governments in providing housing and assistance to individuals experiencing
homelessness. We urge the state to prioritize funding for transitional housing programs, down
payment assistance, and ongoing support services like case management, counseling, job
training, and financial literacy. These services are vital for helping individuals achieve long-
term stability and independence.
Emergency rental assistance programs are also critical for preventing homelessness, and
we seek state support to expand these initiatives. Additionally, we call for state funding to
establish homeless navigation centers staffed by trained professionals to connect individuals
with shelter and resources. Increased funding for severe weather shelters is necessary to
provide safe housing during extreme conditions.
Recognizing that many individuals experiencing homelessness are employed or seeking work,
we request state support for programs that assist with utility bills, food, and transportation,
which are essential for maintaining employment and achieving housing stability. These
legislative priorities reflect Wheat Ridge’s commitment to holistic solutions for homelessness,
ensuring all residents have access to housing and essential services.
Proposed Legislation
Opposed Legislation
Wheat Ridge opposes state policies that impose a uniform approach to addressing
homelessness, as these fail to address the unique challenges faced by local governments.
Financial support to municipalities that restrict local discretion in resource allocation or solution
development hinders effective local responses. The City also opposes cuts to state funding for
homeless services, which are vital for supporting tailored efforts to address homelessness.
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Public Safety
Wheat Ridge prioritizes community safety through its full-service suburban police
agency, offering emergency response, criminal investigations, traffic safety, code
enforcement, animal control, park enforcement, crime prevention, and school
resource officers. Committed to relationship-based policing, the Department
partners with residents to foster safer neighborhoods and uphold shared
community values.
Wheat Ridge prioritizes resident safety and urges the state to support local governments with
resources to enhance public safety infrastructure. We seek funding for relationship-based
policing to build trust through training and community engagement, expanding mental health
support to improve crisis response and reduce law enforcement burden, and investment in
emergency response systems. This includes funding for communication technology, emergency
operations upgrades, and preparedness programs to protect residents during natural disasters
and emergencies.
Proposed Legislation
Wheat Ridge opposes state legislation that limits local law enforcement’s ability to implement
community-focused, relationship-based policing. The City also opposes legislation that imposes
mandates on or restricts local discretion in training programs, reduces funding for mental health
support and crisis response, or increases liability or removes immunity for officers, as this could
compromise public safety by deterring effective policing.
Additionally, Wheat Ridge opposes state laws that restrict local standards for policing and
emergency response, preferring flexibility to meet community-specific needs. The City also
opposes cuts to emergency communication and preparedness funding, which are essential for
responding to natural disasters and emergencies effectively.
Opposed Legislation
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Infrastructure & Transportation
Wheat Ridge is committed to maintaining and enhancing its infrastructure,
including 133 miles of streets, 36 miles of storm sewers, 48 traffic signals, and
over 6,000 signs. The City plans, designs, and constructs capital projects in
public rights-of-way, licenses contractors, and oversees permits and inspections.
Wheat Ridge also collaborates with regional partners like RTD, CDOT, and
DRCOG to provide reliable, affordable transportation.
Proposed Legislation
Wheat Ridge calls on the state to fund and incentivize local infrastructure improvements, such
as roads, bike lanes, trails, and stormwater systems, to enhance connectivity, safety, and
resilience against climate impacts. Support for multimodal transportation will expand mobility,
reduce congestion, and encourage sustainable travel. The City seeks funding for equitable
regional transit, ADA upgrades, and modernized public facilities to meet evolving community
needs. Wheat Ridge also urges state support for expanding essential utilities to enable new
housing and business growth. The City calls on the state to ensure equitable, affordable
broadband access and foster a competitive marketplace. These priorities reflect Wheat Ridge’s
commitment to infrastructure supporting community well-being and economic growth.
Opposed Legislation
The City opposes legislation that limits its ability to prioritize infrastructure improvements for roads,
bike lanes, and trails based on local needs and connectivity goals. Wheat Ridge also rejects state
actions that withhold transportation funding unless cities comply with state land-use requirements
or other mandates, as such measures undermine local decision-making and the quality of
infrastructure. Additionally, the City opposes laws that hinder local efforts to expand utilities and
transit, which are vital for sustainable growth and quality of life.
The City’s commitment to prioritizing local needs is best served by maintaining local control over
transportation planning, which enables the creation of a tailored and efficient network that meets
the community’s specific requirements. Furthermore, Wheat Ridge opposes state mandates
related to permits in the right-of-way, including permit review timelines and laws that bypass city
review processes, as these infringe on local authority, compromise public safety, and force the City
to deprioritize other essential activities. Lastly, Wheat Ridge opposes mandated upgrades to city
facilities that lack accompanying funding, as such requirements impose an undue financial burden
on the City and hinder our ability to effectively manage resources and prioritize essential services.
| www.ci.wheatridge.co.us8
Sustainability
Wheat Ridge offers a comprehensive sustainability program, including the
Sustainable Neighborhoods initiative, sustainability-focused community
events, and water-wise landscaping programs. The City provides residents
with information on clean air and assists businesses in adopting sustainable
practices. Recently, Wheat Ridge adopted a Sustainability Action Plan
outlining key objectives for the near future.
Proposed Legislation
Wheat Ridge supports state legislation advancing water conservation, sustainable
transportation, and waste diversion per its Sustainability Action Plan. The City advocates for
funding water efficiency programs, collaboration with water districts, and coordinated
conservation efforts to tackle Colorado’s challenges.
Wheat Ridge backs laws encouraging investor-owned utilities to cut carbon emissions and
supports grants for energy- and water-efficient home upgrades. Priorities include improving air
quality for communities near highways, promoting public health and environmental justice, and
ensuring equitable access to tree canopies and electric vehicles (EVs) through expanded charging infrastructure and affordability programs.
The City also urges state efforts to expand EV adoption, multimodal transportation, and
recycling and composting options for low-income communities. Additionally, Wheat Ridge seeks
investment in small businesses adopting sustainable practices and funding for local
sustainability planning and community engagement.
These priorities underscore Wheat Ridge’s commitment to a thriving, sustainable community.
www.ci.wheatridge.co.us | 9
Opposed Legislation
Wheat Ridge opposes state laws imposing rigid sustainability standards on local governments,
as these restrict the City’s ability to tailor initiatives to community needs and values. The City
believes sustainability efforts should be shaped by local input and reflect Wheat Ridge’s unique
environmental and economic conditions.
Additionally, Wheat Ridge rejects state mandates that overlook local contexts and priorities,
which hinder innovative solutions for environmental responsibility and community resilience.
The City also opposes cuts to funding for local sustainability programs, as these resources are
vital for addressing water conservation, waste diversion, and sustainable transportation.
Parks and Recreation
The City of Wheat Ridge manages a diverse parks and recreation department
with over 21 parks covering 173 acres, a 70,000-square-foot recreation center,
and more than 300 acres of open space. We offer various recreation programs
and sports activities for the community to enjoy the outdoors, along with several
events to engage and connect residents throughout the year.
The City of Wheat Ridge respectfully requests continued state support to enhance and
maintain our parks and recreation system, vital for community well-being, environmental
sustainability, and economic vitality. We seek funding to expand and modernize parks, create
new recreational areas, and enhance trail connectivity, providing residents with safe, vibrant
spaces for physical activity and community engagement.
Additionally, we ask for state support for water conservation initiatives in our parks, such as
sustainable landscaping and irrigation upgrades, to address environmental challenges and
ensure long-term resource preservation. Finally, we urge the state to assist with maintenance
and upgrades to recreational facilities, including the Wheat Ridge Recreation Center and
Anderson Pool, which serve thousands of residents annually and require ongoing investment
for safety, accessibility, and to meet our community’s growing needs.
Proposed Legislation
Opposed Legislation
The City of Wheat Ridge firmly opposes any statewide legislation that diminishes local control
over parks and recreation management, as local governments are best suited to understand
their communities’ unique needs and priorities.
We also oppose initiatives that would reduce funding for parks and recreation projects from the
Colorado Lottery or other state sources, as these funds are vital for maintaining and expanding
parks and open spaces. A reduction would significantly hinder our ability to provide high-quality
recreational amenities for residents.
Finally, we reject statewide legislation imposing additional requirements on recreation staff
and volunteers. Wheat Ridge values the expertise of its staff and believes decisions about
staffing qualifications and training should be made locally, as state regulations would create
unnecessary burdens and limit our capacity to deliver essential recreational programs.
10 | www.ci.wheatridge.co.us
Administrative Services
The City's Administrative Services Department serves as the
"basecamp" for the entire organization, providing critical support
through its divisions: the City Clerk's Office, Finance, Human
Resources, Information Technology (IT), Risk Management, and
Procurement.
Proposed Legislation
Wheat Ridge supports legislation that funds the modernization of municipal operations and
adoption of emerging technologies. We advocate for measures that reduce municipal risk and
liability, including funding to address these challenges. Additionally, we support efforts to enhance taxing and licensing processes. The City also seeks improved transparency and
functionality within the State’s SUTS (Sales and Use Tax System) to ensure seamless revenue
transfers and tax administration. These priorities strengthen municipal operations and benefit
governments and taxpayers alike.
Opposed Legislation
Wheat Ridge opposes state mandates that limit local authority over tax collection, licensing, or
enforcement. We also oppose laws that interfere with the City’s procurement, personnel
management, or IT practices, including rigid requirements for web accessibility, public meeting
accessibility, and technology functions that fail to account for local needs. Additionally, we
reject legislation that increases municipal liability or weakens governmental immunity.
www.ci.wheatridge.co.us | 11
For questions about the Legislative
Agenda, please contact us at the
following:
Cole Haselip
Management Analyst
chaselip@ci.wheatridge.co.us
720-271-4922
www.ci.wheatridge.co.us | 12
SB25-001
AMEND
AMENDMENT respectfully requested
Colorado’s towns and cities believe that free, fair, and accessible elections are vital to democracy, ensuring all
eligible voters can participate without barriers. While municipalities support the bill’s intent, they have concerns
about certain provisions that could hinder its successful implementation.
OUR REQUEST OF THE LEGISLATURE
Colorado’s constitution does not support the bill’s application to municipal elections. We request an amendment
to exclude municipalities from the bill and apply the provisions to the state and coordinated elections only.
Please preserve local government’s ability to maintain control over their elections, avoid unnecessary litigation risks,
and prevent undue financial burdens.
BACKGROUND
Among other provisions, SB25-001 creates the Colorado Voting Rights Act. The bill allows an individual or
organization to file suit against a municipality alleging voter suppression, voter dilution, or an unlawful voting
prerequisite based on gender identity, gender expression, or sexual orientation, and empowers the Attorney
General’s office to investigate potential violations, file suit to enforce the act, or intervene in an individual or
organization’s suit.
CONCERNS WITH SB25-001
1.Conflict with Colorado Constitution
Colorado’s unique legal structure does not allow for state regulation of municipal elections.
Article XX, Section 6 of the Colorado Constitution, explicitly grants municipalities control and power to regulate
all matters pertaining to municipal elections in a city or town. The Colorado Supreme Court has expressly
rejected that local elections are a matter of state or even mixed state and local concern. Extending state
authority over the structure and elections of home rule municipalities, whether via oversight of state or private
lawsuits, conflicts directly with the express text of the Colorado Constitution and well-established case law.
The following relevant cases further establish sole local authority over municipal elections.
•People ex rel. Tate v. Prevost, 134 P. 129, 134 (Colo. 1913)
•Kingsley v. City & County of Denver, 247 P.2d 805, 808 (Colo. 1952)
•May v. Town of Mt. Village, 969 P.2d 790, 794 (Colo. App. 1998)
•In re City of Colorado Springs, 277 P.3d 937, 941 (Colo. App. 2012)
2.The bill is not applied statewide
The bill does not include state elections, school districts or special districts elections. It is unclear why the bill
excludes state elections, choosing instead to only focus on some local elections. Colorado’s municipalities have
a proven track record of ensuring that elections are fair and equitable and that all voters have access to the
political process. If the bill were addressed to state or coordinated elections or the structure of state offices, our
concerns would be limited.
ATTACHMENT 2
WE RESPECTFULLY REQUEST LEGISLATORS AMEND SB25-001
TO EXCLUDE MUNICIPALITIES FROM THE BILL AND APPLY
THE PROVISIONS TO THE STATE AND COORDINATED ELECTIONS ONLY.
3. Preservation of nonpartisan elections
Colorado’s municipal elections have a long tradition of avoiding partisan elections. We are concerned that
the bill’s mandates try to make municipal elections align with partisan state and federal election calendars will
erode the nonpartisan character of our elections and increase the potential for partisan influences in municipal
elections.
4. Lack of evidence supporting need
The unsupported suggestion that municipal elections are rife with discrimination or voter suppression damages
the integrity of and public trust in local elections.
• Through the use of mail ballots, Colorado’s municipal elections offer direct access to all eligible voters.
• The bill presumes the existence of voter suppression or systemic barriers, yet there is no demonstrated
evidence of these issues in Colorado’s existing municipal elections. We have identified only one lawsuit
brought against a Colorado municipality under the Federal Voting Rights Act and it was unsuccessful.
• It is unclear how or why current laws defining election offenses, ensuring equal protection, and otherwise
protecting the franchise are insufficient.
5. Litigation risks and costs
• The use of ambiguous language and standards promises an expensive litigation that requires a substantial
reliance on experts and will cost taxpayers substantial amounts if municipalities ever needed to defend a
claim.
• The proposed resolution process, with its 90-day resolution requirement, fails to account for the need for
charter elections in many cases.
• Some of the provisions appear to suggest that a violation may exist simply from following current state
law. State law provides that towns elect trustees at large, yet the bill suggests that such elections could be
the basis for a claim.
• Municipalities have statutory options for filling vacancies, including appointments, vacancy elections, or
taking no action, yet the bill seems to suggest that using those options is wrong.
• The bill’s standards and processes are inequitable. Litigants do not equally share in the risk of paying
attorney’s fees and costs to a prevailing party.
6. Unfunded Mandates and State Overreach
The bill imposes detailed reporting requirements and expands the Secretary of State’s investigative powers
without providing necessary funding or resources to municipalities.
ATTACHMENT 3
ITEM NO. 2
Memorandum
TO: Mayor and City Council
THROUGH: Lauren Mikulak, Community Development Director
FROM: Scott Cutler, Senior Planner
DATE: March 7, 2025 (for March 17, 2025, Study Session)
SUBJECT: State Land Use Legislation – Impacts to Wheat Ridge
ISSUE:
The State of Colorado Legislature passed several bills in the 2024 Legislative Session related to land use and housing. The specific bills that have direct impacts to Wheat
Ridge are:
• SB24-005: Landscaping Practices for Water Conservation
• HB24-1313: Transit-Oriented Communities
• HB24-1007: Prohibit Residential Occupancy Limits
• HB24-1304: Minimum Parking Requirements
• HB24-1152: Accessory Dwelling Units
The purpose of this memo is to present a summary of the bills to Council and to confirm Council’s direction for the city to respond to the legislation.
PRIOR ACTION:
City Council was introduced to HB24-1152 (ADUs) at the June 3, 2024, study session, just after the bill was approved by the state legislature and signed by the Governor on
May 13, 2024. Staff presented initial findings to Council about how the requirements of the bill may impact Wheat Ridge. Details of this meeting and Council consensus will be
provided in the ADU section below.
Council may be aware of the other land use legislation as discussions occurred during
the 2024 Legislative Session regarding those bills, and lobbying efforts occurred to help modify those bills from their initial draft to final adoption. However, there have not been
any formal study sessions to discuss the other bills or their impacts to Wheat Ridge.
FINANCIAL IMPACT:
No financial impact is anticipated.
Study Session Memo – State Land Use Legislation: Impacts to Wheat Ridge
March 17, 2025 Page 2
BACKGROUND:
This memo is organized by bill, with a summary of the legislation, important dates and
deadlines, and for some bills, the Colorado Municipal League (CML) positions and how the bill evolved over time as a result of lobbying. CML and local governments were
instrumental in lobbying to modify some bills to help preserve some local control.
The sections will also include the impacts to Wheat Ridge and questions for Council. Staff have discussed each bill with the City Attorney who has advised on their impacts.
Staff are also following pending 2025 legislation but are not in a position to discuss yet.
As a home rule municipality under Article XX of the Colorado Constitution, Wheat Ridge
has exclusive control of matters of “local concern.” Land use planning, (including zoning) has traditionally been seen as a matter of exclusively local concern, although
the Legislature has attempted to erode that principle in recent years by claiming a given bill is of “statewide concern” or “mixed concern.”
In matters of exclusively statewide concern, the local legislation (even by a home rule city) is preempted. In matters of mixed concern, the local legislation may coexist with
the state legislation so long as it does not permit what the state legislation prohibits. In matters of exclusively local concern, the City's regulations preempt any conflicting state
legislation. All bills discussed within this memo are categorized as mixed concern,
except the landscaping bill which was categorized as statewide concern.
Even on matters of local concern, the state legislation applies unless and until the City acts to expressly address the subject. This is significant, because, depending upon how
extensively the City chooses to regulate a land use matter, some parts of state
legislation may still apply.
Ultimately, the determination of whether a state statute (for example, ADU’s or parking) is a matter of statewide or mixed concern will be made by the courts. While a
declaration of “statewide interest" by the Legislature is of interest to the court, it is not
determinative, and the state Legislature cannot make a local matter “statewide" or “mixed” simply by saying so.
SB24-005 (Landscaping Practices for Water Conservation)
The content of this bill was addressed in the city’s updates to the landscaping
regulations in the “Waterwise” ordinance that was approved by City Council in August 2024, in anticipation of the bill’s effective date of January 1, 2026. The bill largely
prohibits nonfunctional turf and places limits on artificial turf. Upon approval of the Waterwise ordinance, staff noticed that there were some minor discrepancies between
the city’s regulations and the state regulations. These discrepancies were largely
addressed in the MU-LLC regulations ordinance with was approved by City Council in January 2025, which included conforming amendments to clarify the locations where
artificial turf is permitted in accordance with the bill. Staff will confirm all minor
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discrepancies have been addressed and make further modifications if necessary.
Additionally, the city’s Waterwise ordinance did not explicitly state how the maximum
allowable limits for irrigated turf and non-living materials/features shall be applied to landscaping provided in excess of the required minimums. In order to provide for
consistent application of maximum allowable requirements, staff adopted an
administrative policy to provide clarification, which best practice is to codify.
Staff are not seeking consensus on these changes due to them being procedural in nature and will bring forward these changes as part of a code cleanup ordinance, or with
a larger state legislation updates package under the single-subject requirements.
HB24-1313 (Transit-Oriented Communities)
The stated goal of this bill is to increase housing opportunities near transit by reducing barriers to housing production and targeting areas near transit to increase allowable
density to meet local and statewide housing goals. Although the bill takes effect June
30, 2025, the city’s detailed reporting—our Housing Opportunity Goal (HOG)—is not due until December 31, 2026. The HOG will need to include our housing goal and designated
areas targeted for housing density, as well as our adopted strategies, code updates, and implementation plans. Because this report is not due until the end of 2026, staff will
defer discussion of HB24-1313 until late 2025 or early 2026 once more information is
known about the impacts of this bill. Guidance is still being released by the Department of Local Affairs (DOLA), and it is too early to tell exactly how this bill may impact Wheat
Ridge in terms of code or policy changes. Lastly, some potential ways to address the housing goals of the bill may be covered in the City Plan recommendations and may
better be implemented through the code changes as requested in the City Plan.
No consensus or direction from Council is needed. Future study sessions will be
necessary to review the impacts of HB24-1313 in greater detail.
HB24-1007 (Prohibit Residential Occupancy Limits)
This bill prohibits municipalities from limiting the number of people who may live together in a single dwelling unit based on familial relationships and whether or not
persons are related. Occupancy can still be regulated based on health and safety standards, such as building codes or fire codes, or any applicable affordable housing
program guidelines. This bill took effect on July 1, 2024.
Discussion
The City Charter was modified by voters as part of ballot measure 2B in November 2024 to remove references to “family unit” within the charter and to remove the limit on three
(3) unrelated persons living together as a single housekeeping unit. This means the city
should no longer be enforcing occupancy limits based on number of unrelated
individuals living in a dwelling unit. The approval of 2B put the City Charter in
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compliance with the provisions of the bill, but other portions of the code that reference
family units were not updated.
Recommended code changes:
• Update the definition of “family” in Section 26-123 to simplify and to remove the numerical limit on unrelated individuals.
• Update the definition of “congregate care home” in Section 26-123 to remove the
numerical limit on unrelated individuals and residential density.
• Update Section 26-638 (Occupancy limits) to remove the numerical limit and
instead reference health and safety standards, greatly simplifying this section.
These updates will ensure the zoning code matches the approved Charter amendment and ensure that no one will be cited for occupancy violations.
Does Council agree with staff’s approach to comply with HB24-1007 and to revise the
code to match the voter-approved changes to the City Charter?
HB24-1304 (Minimum Parking Requirements)
This bill prohibits municipalities from enacting and enforcing minimum off-street parking requirements for multi-unit residential developments within an applicable
Transit Service Area. A Transit Service Area is a state-created term and means any area
within one-quarter mile of an existing rail or bus line with at least a 30-minute frequency
(Map 1, attached). The prohibition on parking applies to all new multi-unit development
(fully residential or part of a mixed-use building or development) and also applies to adaptive re-use of an existing building for residential purposes. It does not apply to any
other type of development including commercial (retail, restaurant, office, etc.). The bill
does not prevent developers from providing parking, it just prohibits cities from
requiring a minimum quantity of parking. It also does not change anything related to
ADA parking requirements, bicycle parking requirements, loading requirements, or allowing parking to meet affordable housing funding requirements. The bill takes effect
June 30, 2025.
Discussion
Although removing parking requirements for multi-unit residential may be perceived as a big change, staff believe there will be a limited impact to Wheat Ridge due to market
forces. Parking is often necessary to make a project successful and providing some
parking reduces risk for developers. The bill does not prohibit the city from allowing
parking, and most developers will continue to elect to provide parking to ensure the
desirability of the property to future tenants. Parking is market-driven, and developers are best equipped to know what ratio of parking needs to be provided in order to attract
tenants. Suburban developments will naturally provide more parking per unit than urban
developments, as it is more likely that residents will own cars and need to drive. The city
can still require ADA parking and bicycle parking to ensure site access and accessibility
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is maintained.
The bill allows municipalities the discretion to define “multi-unit residential”, within
reason and for the purpose of implementing this state law. Staff’s interpretation of the legislation and intent is that this applies to typical apartment or condominium
developments, but not townhomes. In some places in the municipal code, townhomes
are referred to as “single-unit attached” as they are separately owned on individual lots (fee-simple), function as single-unit homes with a shared wall, and are constructed
under single unit residential building codes. In other places in the code, they are lumped in under the broader category of multi-unit residential. Because the bill does not dictate
how exactly to define multi-unit/multifamily for the purpose of the parking rules, staff
recommend updating the code to consistently reference townhomes as single-unit attached and retain parking requirements for townhomes.
A future discussion will be needed regarding parking requirements for other types of
uses, including for commercial. Staff initially approached Council in January 2023
regarding minimum parking requirements and shared parking for commercial buildings, specifically on older commercial corridors such as 29th Avenue and 38th Avenue where
existing parking is highly limited, and parking requirements have burdened property owners attempting to reinvest in aging commercial properties. The City Plan may have
some recommendations regarding this topic and discussions on re-examining the city’s
parking requirements can occur at that time.
CML Positions and Lobbying CML opposed this bill throughout the session and did not drop their opposition. Thanks
to lobbying efforts and dialogue, the bill was modified significantly throughout the
legislative session to become less impactful. The original bill would have prohibited any minimum parking requirements from being enforced, with few exceptions. The House
and Senate significantly revised the bill over three drafts to limit the scope of the bill by focusing on commercial/transit corridors and multi-unit housing, tying into statewide
housing and transit goals.
Recommended code changes:
To comply with HB24-1304, the following code changes would be necessary:
• Update all applicable parking sections in the code to remove minimum parking requirements for multi-unit residential (i.e., apartments and condominiums).
• Refine definition of townhomes/single-unit attached to ensure they are a separate
category from multi-unit residential, so that parking requirements can be retained
for townhomes.
• Update use charts and zoning requirements charts to use consistent terminology
when referencing townhomes (single-unit attached) vs. multi-unit.
Does Council agree with staff’s approach to comply with HB24-1304 and update the
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zoning code to remove minimum parking requirements for multi-unit residential? If
Council agrees with this approach, there are two additional questions for Council below.
Questions for Council: 1. Because the applicable Transit Service Areas cover a large portion of Wheat
Ridge (see Map 1 attached). Map 2 shows the city’s zoning, where multi-unit
residential (e.g. R-3, MU-N, and MU-C) is already concentrated around transit corridors. In fact, nearly all areas eligible for multi-unit residential fall within the
Transit Service Areas. Given this overlap, staff believe it would be simpler to exempt all multi-unit residential from the requirements rather than applying
separate rules for areas inside and outside the Transit Service Areas. Does
Council agree with this recommendation? 2. Currently, EV parking is based on the overall number of required parking spaces.
Since parking is not required to be provided for multi-unit residential, staff’s recommendation is to base the number of required EV spaces on the number of
provided spaces. That way a similar proportion of EV spaces are included and the
intent of the EV legislation is met so that EV spaces are still provided. If this recommendation is not taken, no EV parking will need to be provided which
would violate the intent of the applicable EV legislation. Does Council agree with this recommendation?
HB24-1152 (Accessory Dwelling Units) This bill requires that municipalities allow ADUs on any property containing a single-unit
home through an administrative approval process. The bill also includes provisions ensuring communities are not being overly restrictive on ADUs including arbitrary
restrictions on size, setbacks, and design. This bill takes effect on June 30, 2025, and
requires cities to submit a report demonstrating compliance by that date.
Discussion As noted in the June 3, 2024, study session, the city is largely in compliance with the
requirements of the bill, as all other required provisions were adopted by Wheat Ridge in
the original ADU ordinance approved in August 2022. There are only three provisions where we partially comply: size of ADU, owner occupancy, and planned developments.
Size of ADU: The bill requires that ADUs are always allowed between 500 to 750 square
feet in size, to ensure that an ADU is large enough to accommodate one bedroom and
adequate kitchen and bathing facilities. The city’s ADU size restrictions are based directly on the size of the primary dwelling, so an ADU is limited to 50% of the square
footage of the primary dwelling, or 1,000 square feet, whichever is less. Under this approach, if a primary dwelling is under 1,000 square feet (which exists in Wheat Ridge),
the ADU allowance is less than 500 square feet. To comply with the state law, the
municipal code would need to be changed to allow an ADU of at least 500 to 750 square
feet in size. Cities can still limit the maximum size of an ADU to be no larger than the
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size of the primary dwelling. Staff have no concerns with these changes.
Owner Occupancy: The state bill generally prohibits owner occupancy requirements for
ADUs with the goal of removing barriers to ADU construction and financing. The city currently requires that for all ADUs, owner occupancy is demonstrated by recording a
deed restriction against the property stating that the owner must live in either the
primary dwelling or the ADU. The bill prevents a blanket approach to owner occupancy and instead presents three policy scenarios:
• Scenario 1: For a new single-unit home being constructed concurrently with a
new ADU, cities cannot require owner occupancy.
• Scenario 2: For an ADU being used as a short-term rental, cities can enforce owner occupancy.
• Scenario 3: For a new ADU being constructed/converted on a lot with an existing
primary dwelling that is currently occupied, cities may require evidence of owner
occupancy only at time of application for the ADU. The bill prevents a city from
enforcing owner occupancy after the permit is issued and deed restrictions are
not allowed. This category would also apply to existing nonconforming ADUs.
It’s this third scenario that requires some discussion because the alternative is to eliminate this owner occupancy requirement altogether. Staff recognize the importance
of requiring owner occupancy as part of the original 2022 ADU ordinance. However,
after over 2.5 years of implementing the ADU ordinance and approving ADU
applications with the required deed restrictions and demonstration of owner occupancy,
there are some lessons learned about the efficacy of these requirements. ADUs have not proliferated to date, and staff believe that without an owner occupancy requirement,
ADUs would still not widely proliferate due to other factors including construction and
labor costs and tap fees for new ADUs. In practice, tracking down owners to sign deed
restrictions has been challenging, and it is nearly impossible to enforce owner
occupancy requirements particularly after a property is sold.
Notably, state law prohibits the city from requiring a deed restriction that is recorded
with the land requiring owner occupancy of the primary dwelling or ADU in perpetuity.
The question becomes whether the city wants to invoke the narrow state allowance to
require owner occupancy at the moment in time when an ADU application is submitted.
Ultimately, Staff recommends retaining owner occupancy requirements only for STRs in
ADUs (i.e., a “partial home rental”). Although the state allows the city to ask for proof of
owner occupancy at time of permit for a new ADU on a lot with an existing house, it
likely does not achieve the city’s original policy intent and may not be necessary.
Planned Developments: The bill requires ADUs to be allowed in all existing/approved
Planned Developments (PD) where single-unit dwellings are allowed; in effect, this
treats PDs the same as standard zoning districts. The city’s current regulations require
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ADUs to be allowed in new PDs where single-unit dwellings are allowed, but did not
apply this retroactively to previously approved (i.e., existing PDs). Staff have no concerns with this change, and ADUs in PDs would still be required to meet the
development standards of the PD in which they are located, including setbacks, height restrictions, and reasonable design standards if applicable.
CML Positions and Lobbying CML originally took the position of “Opposed Unless Amended” to this bill. Through the
legislative process, they lobbied successfully—along with some municipalities—to modify portions of the bill to allow for some additional flexibility and local control. For
example, the original bill had a blanket prohibition on owner occupancy that was
modified through lobbying to the tiered position described above in the final bill, which allows cities to enforce owner occupancy for STRs. However, CML maintained the
position of “Opposed Unless Amended” on the final bill due to the local control issue.
Recommended code changes:
To comply with HB24-1152, the following code changes would be necessary:
• Update Section 26-646 (ADUs) and applicable zone district development
standards to comply with ADU size restriction requirements.
• Update Section 26-646 to update owner occupancy requirements, continuing to
require owner occupancy for STRs in ADUs, but modifying requirements for other ADU use case types (see question below).
• Update Section 26-646 and Article III (Planned Developments) to modify
requirements for ADUs in existing PDs.
Does Council agree with staff’s approach to comply with HB24-1152? If Council agrees with
this approach, there is a question below regarding owner occupancy requirements. Staff’s
recommendation to comply with HB24-1152 is also based on Council’s previous consensus
to explore becoming an ADU Supportive Jurisdiction; see additional discussion below.
Question for Council:
1. For the “Scenario 3” owner occupancy use case, there are two options: A) request
proof of owner occupancy at time of permit and deny applications on properties
that are not owner occupied, or B) remove owner occupancy requirements altogether since they cannot be enforced after permit issuance. Staff
recommend Option B to ensure barriers are removed to reinvestment in
properties. This may help legalize properties with existing ADUs where owners
may be cautious to come forward if the property is not owner occupied. ADUs
will still likely not widely proliferate due to other reasons discussed above.
ADU Supportive Jurisdiction:
Council gave initial consensus at its June 3, 2024, study session to release staff to look
into Wheat Ridge becoming an ADU Supportive Jurisdiction. The bill requires cities that
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intend to become an ADU Supportive Jurisdiction to adopt all requirements of the bill
and also implement at least one strategy by June 30, 2025:
A. Implement a program to regulate the use of ADUs as STRs;
B. Assist property owners to ensure pre-existing ADUs comply with local laws and building codes;
C. Implement a program to provide education and technical assistance to
homeowners to construct or convert an ADU; D. Waiving, reducing, or providing financial assistance for ADU related fees incurred
by low- and moderate-income households; E. Enacting local laws or programs to incentivize the affordability of ADUs including
ADUs for local workforce housing;
F. Enacting local laws that incentivize the construction and conversion of ADA accessible and visitable ADUs;
G. Enabling a pathway for the separate sale of ADUs; H. Providing pre-approved plans for the construction of ADUs; or
I. Enacting laws that encourage pre-fabricated ADUs.
Council previously gave consensus to explore items E, F, H, and I. To some extent the
city is already implementing strategies A, B, and C to varying degrees of effectiveness. Since the 2024 study session, staff confirmed that the city can only apply to become an
ADU Supportive Jurisdiction and be eligible for funding if the city also has a fully
compliant ADU ordinance (meaning all three code changes must be made). The implications of exploring E, F, H, and I are not fully known, specifically from a cost and
staff resource standpoint. For example, pre-approved plans for ADUs may help expedite permit review, but sourcing those plans may have a cost or require partnerships with
other municipalities or local developers.
Based on the updated information, does Council re-affirm that staff should pursue
certifying Wheat Ridge as an ADU Supportive Jurisdiction and explore the implications of strategies E, F, H, and I?
ATTACHMENTS:
1. Map 1: Transit Service Areas (for minimum parking)
2. Map 2: Zoning Map
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Map 1: Transit Service Areas (for minimum parking)
This map is provided by the Department of Local Affairs (DOLA). Transit lines with greater than a 30-minute frequency as of January 1, 2024, are shown on the map, with bus stops and transit stations shown as dots. The purple areas are the quarter-mile buffer from bus stops in Wheat Ridge (other communities are shown in different colors).
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Map 2: Zoning Map
Zones that allow multi-unit residential are all MU zones, R-3 series, and PMUD.
