The battle over affordable housing in Telluride, Colorado has pitted wealthy residents against a developer's proposal to build a lower-cost housing project on open space. The dispute has now reached the Colorado Court of Appeals, which has ruled that the developer can put the rezoning plan to a public vote, despite opposition from the city and existing homeowners. This decision has set the stage for a high-stakes showdown that could have far-reaching implications for the community.
Unlocking Affordable Housing in Telluride's Exclusive Enclave
Butcher Creek's Transformation: From Open Space to Affordable Homes
In 1995, a developer named Brighton Properties succeeded in having 40 acres in Telluride designated as a planned unit development (PUD), allowing for a mix of lot sizes and uses. The resulting Butcher Creek PUD included 13 residential lots that have since been sold and turned into multimillion-dollar homes. However, the remaining 37 acres of open space have remained undeveloped.Fast forward to 2019, when Brighton proposed amending the PUD to allow the 37 acres of open space to be transformed into 95 affordable housing units. This proposal, which aimed to address Telluride's growing housing affordability crisis, was met with fierce resistance from local residents who cherished the open space.
The Battle for Zoning Control: City vs. Citizens' Initiative
Recognizing the city government's likely opposition to the affordable housing plan, Brighton devised a strategy to bypass the local authorities. The developer decided to turn the rezoning proposal into a citizens' initiative, allowing Telluride voters to decide the fate of the project directly.However, the city of Telluride, through its attorney and clerk, argued that zoning changes were not an appropriate subject for a citizens' initiative. They contended that such matters should be handled through the city's established land-use ordinances and procedures.
The Court of Appeals Ruling: Empowering the People's Voice
Undeterred, Brighton filed a declaratory judgment lawsuit, seeking a court ruling that its proposed zoning amendment could be put to a vote of Telluride's eligible voters. The San Miguel County District Court initially sided with the city and the existing Butcher Creek homeowners, rejecting Brighton's plan.But Brighton appealed the decision, and the Colorado Court of Appeals ultimately reversed the lower court's ruling. The appellate court's decision was based on the principle that the Colorado Constitution reserves the power of citizens' initiatives to the people, and that zoning matters are considered "legislative" in nature, making them appropriate for a public vote.
The Unresolved Question: Property Rights and Due Process
While the Court of Appeals ruled in favor of Brighton's citizens' initiative, it left one key issue unresolved. The existing Butcher Creek homeowners argued that even if the rezoning plan was approved by Telluride voters, it could not proceed without the consent of all property owners within the PUD. They contended that such a move would unconstitutionally deprive them of their property rights without due process.The Court of Appeals, however, declined to rule on this issue, stating that it was premature to do so. The court noted that if the voters reject Brighton's rezoning proposal, the matter would be moot, and it does not engage in issuing advisory opinions. If the voters approve the plan, the court acknowledged that the litigation would likely continue, setting the stage for further legal battles.
