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County seeks amendments on housing‑on‑faith/education sites bill, flags school‑site permitting gaps
Summary
Arapahoe County voted to take an "amend" position on HB25‑1169 (housing developments on faith and educational land, sometimes referred to in discussion as 'Yigby') and asked sponsors to clarify how school sites and charter school properties would be permitted and subject to local land‑use authority.
Arapahoe County commissioners voted to support amendments to House Bill 25‑1169, which would allow housing development on qualifying faith and educational properties, after staff recommended clarifications related to school sites and affordability requirements.
Staff explained amendments added in the house addressing anti‑discrimination and affordability tiers, including a 20% set‑aside for affordability tiers and 40% ownership tiers in some scenarios. However staff and commissioners raised a gap: the bill is silent about how school sites would be treated when used for housing. School construction permitting and review currently occur at the state level for district‑owned K‑12 school projects, and commissioners asked whether that state process would apply to housing developed on school property or whether local land‑use authority would apply.
Commissioners asked staff to seek amendments that preserve reasonable local land‑use discretion when a school property is repurposed for housing and to clarify how charter school parcels — which can be district‑owned or privately owned — would be handled. The board also indicated support for pursuing stronger affordability set‑asides than the bill’s current tiers.
The board registered a consensus to seek amendments and will continue to monitor committee action and coordinate with partners.
