What does the recent legislation require CHV to do?
Over the past two years, the Colorado Legislature has enacted several laws intended to increase housing supply by requiring many Front Range municipalities to adopt State-directed land use policies that encourage greater housing density. While addressing housing affordability is a worthy objective, these laws represent a significant departure from Colorado's long tradition of home rule and local control and conflict with the Vision established in Cherry Hills Village's 2022 Master Plan.
- Transit-Oriented Communities (HB24-1313): REQUIRES cities to allow high-density multi-family housing (up to 40 units per acre) near bus and light rail stops. While we maintain this law does not apply to us as a home-rule jurisdiction, if enforceable, it could require us to zone for approximately 7,200 new units which would almost quadruple the number of housing units in Cherry Hills Village.
- Accessory Dwelling Units (ADUs) (HB24-1152): REQUIRES cities to allow second homes on every lot zoned for single-family residential use, regardless of zoning or HOA restrictions.
- Parking Minimums (HB24-1304): PROHIBITS cities from enforcing minimum parking requirements for new developments such as the 7,200 new units that could be required under the Transit-Oriented Communities bill.
- The HOME Act (HB26-1001): REQUIRES cities to allow churches, schools, and non-profits to build high-density housing up to three stories (38 feet tall) on any property they own, completely bypassing local zoning ordinances.
What does Cherry Hills Master Plan say about housing?
In 2022, Cherry Hills Village completed a comprehensive update of its Master Plan. The process included more than 4,600 resident interactions, 23 public meetings and briefings, and responses from 623 survey participants. Participants had lived in Cherry Hills Village an average of approximately twenty years.
A safe, serene, low-density residential community. It is the desire of the citizens of Cherry Hills Village to maintain and enhance the established character of the community through the implementation of the City's planning goals and actions, regulations and decisions.
How is Cherry Hills currently zoned?
Cherry Hills Village is fundamentally a residential community consisting of approximately 2,400 single-family homes. Residential zoning ranges from R-1 lots of 2.5 acres to R-5 lots of approximately 16,000 square feet. Unlike many Front Range communities, Cherry Hills Village has very little undeveloped land remaining. As a result, increased density would occur primarily through redevelopment of existing properties rather than expansion into new areas.
How are other communities addressing these state requirements?
Several home rule municipalities, including Greenwood Village, Aurora, Arvada, and Westminster, have filed suit challenging portions of the State's land use legislation. They contend that zoning and land use are fundamentally matters of local concern and argue that the new laws infringe upon constitutional home rule authority and the rights of local initiative and referendum.
- Their complaint states that "again and again, Colorado courts have recognized land use and zoning as core matters of local concern."
- These cases have yet to be heard and will likely ultimately be decided by the Colorado Supreme Court.
- This year, more home rule municipalities, including Lonetree, will have similar ballot measures to 2A, intended to strengthen and reaffirm their local authority over all Zoning decisions.
Why is this initiative necessary?
Your City Council wants to hear from the citizens of Cherry Hills directly on this matter. Your voice will be important in City Council decision making and in sending a message to the state legislature and governor as to what our residents desire for their community. This is representative democracy at its most fundamental level.
How does Home Rule play into this?
When Colorado became a state in 1876, its Constitution established a strong commitment to local self-government. Article XX, Section 6, adopted in 1902, grants home rule municipalities broad authority over matters of local and municipal concern. Since then, Colorado courts have repeatedly recognized zoning and land use regulation as an exercise of local police powers.
- In 1926, the United States Supreme Court, in Village of Euclid v. Ambler Realty Co., upheld zoning as a constitutional exercise of those powers. Over the decades, Colorado courts have similarly recognized that land use decisions are among the core functions of local government.
- The Colorado Constitution further states: "It is the intention of this article to grant and confirm to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters."
- For nearly 150 years, Colorado communities have relied upon this principle to shape their growth and preserve the character valued by their residents.
- This principle of local control is now being threatened by the state legislature under the premise that Colorado is in a housing crisis.
How can I get involved?
- Add your name as a supporter
- Donate to the campaign. There is no limit to individual contributions to issue campaigns.
- Ask your HOA to share a link to this website with your neighbors.
Where can I learn more?
For further reading on the history of the City, including establishing the Charter establishing Home Rule, Master Plans outlining citizens' desires for the growth and development of the City, and past issues with Zoning, visit the History page on the city website.
History of Cherry Hills Village