Town of Telluride v. Lot Thirty-Four Venture, L.L.C.

3 P.3d 30, 2000 WL 713741
CourtSupreme Court of Colorado
DecidedJune 26, 2000
Docket98SC547
StatusPublished
Cited by95 cases

This text of 3 P.3d 30 (Town of Telluride v. Lot Thirty-Four Venture, L.L.C.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Telluride v. Lot Thirty-Four Venture, L.L.C., 3 P.3d 30, 2000 WL 713741 (Colo. 2000).

Opinions

Justice KOURLIS

delivered the Opinion of the Court.

This case concerns the scope of the state prohibition on rent control contained in seetion 38-12-301, 10 C.R.S. (1999). Specifically, we must determine whether a local affordable housing measure constitutes rent control prohibited by the statute, and whether a home rule municipality may exercise its authority over matters of local concern to regulate rents despite the state rent control statute.

The Town of Telluride (Town) enacted Ordinance 1011, which imposes an "affordable housing" requirement on the majority of new developments in the Town. The ordinance requires property owners to create affordable housing for forty percent of the employees generated by new development. Owners can satisfy the requirement by constructing new housing units with fixed rental rates, by imposing deed restrictions on free market units in order to fix rental rates, by paying fees in lieu of housing, or by conveying land to the Town for affordable housing. Lot Thirty-Four Venture, LLC. (Thirty-Four Venture), challenged the ordinance, claiming that it constitutes rent control in contravention of section 88-12-301.

Today, we hold that Ordinance 1011 does fall within the commonly understood meaning of rent control. Because the Town's ordinance contemplates rent control within the plain meaning of that term, it conflicts with the state's broadly worded prohibition on local measures controlling rents.

We further hold that the state statute supersedes the authority of a home rule municipality to regulate rents. The issue of rent control implicates both state and local inter[33]*33ests, and therefore, we find that it is properly characterized as a "mixed" concern. Because it is a mixed concern, and because Ordinance 1011 and the statute conflict, the local ordinance must yield to the state statute. We, therefore, affirm the court of appeals. See Lot Thirty-Four Venture, LLC. v. Town of Telluride, 976 P.2d 308 (Colo.App.1998). We find Ordinance 1011 to be invalid, and uphold the constitutionality of the state statute.

L.

A.

In June 1994, respondent, Thirty-Four Venture, acquired title to Lots 34 and 84B in the Accommodations Two (AC-2) zoning district within the Town of Telluride. The AC-2 district permits visitor-oriented accommodations and recreation facilities to serve visitors and residents in limited commercial uses.

In September 1994, the Town Council of the Town of Telluride (Town Council) adopted Ordinance 1011, which amends the Telluride Land Use Code to add "affordable housing" mitigation requirements. - The Town Council enacted the ordinance to address concerns generated by the pressures of new development in the grea.1 The ordinance requires owners engaging in new development to mitigate the effects of that development by generating affordable housing units for forty percent of the new employees created by the development. See Ordinance 1011, § 83-740.2 A developer must provide 350 square feet of housing space for forty percent of the number of employees a proposed development generates. See id. §§ 3-740.A.1. The mitigation requirement is imposed uniformly in the majority of zoning district classifications within the Town, including the AC-2 district. See id. § 38-720.

Ordinance 1011 provides developers with four general options, or a combination thereof, to satisfy the affordable housing requirement. They may (1) construct new units and deed-restrict them as affordable housing, see id. §§ 3-750.B.2.a to 8-750.B.2.¢, 8-750.B.8.a to 3-750.B.8.¢c; (2) deed restrict "existing free market units" as affordable housing,3 see id. §§ 8-750.B.2.d, 3-750.B.8.d; (8) pay fees in lieu of deed restricted housing,4 see id. §§ 3-750.B.2.e, 3-750.B.3.e; or (4) convey land to the Town of Telluride with a fair market value equivalent to the fee paid under option three, see id. §§ 3-750.B.2.g, 8-750.-B.3.g.

Approximately two weeks after adopting the ordinance, the Town Council also adopted the Telluride Affordable Housing Guidelines (Guidelines). The Guidelines, working in conjunction with Ordinance 1011, establish the price guidelines and regulations for rental units, and the conditions for tenant eligibility. If the developer chooses either of the deed restriction options, then the Guidelines set maximum rental rates per square foot for the property. See Telluride, Colo., Telluride Affordable Housing Guidelines § 6 (1994). A [34]*34unit's maximum rent is determined by multiplying a constant monetary amount, such as $1.42 for a single bedroom apartment, with the square footage of the unit. See id. § 6 thl.2. The Guidelines cap rental rate increases for units designated as affordable housing at no more than 2.5% per annum, unless the Telluride Housing Authority allows a higher increase. See id. § 6.7. The sale of deed restricted properties is similarly limited. Properties may be sold only to qualified residents, or to a qualified owner who will rent to yualified residents, for a maximum sale price per square foot with the annual growth of the sale price capped. See id. § 7.

The Guidelines also set a base price for the payment-in-lieu of construction option. See id. § 8. The Town will use the payments for the production of additional affordable housing. See id.

B.

Thirty-Four Venture challenged the affordable housing provisions of Ordinance 1011 in San Miguel County District Court.5 Thirty-Four Venture sought to enjoin the Town from enforcing the ordinance, arguing that it constitutes rent control, and therefore, violates section 38-12-8301, 10 C.R.S. (1999), which precludes municipalities from "enacting] any ordinance ... which would control rents on private residential property."

Each side moved for summary judgment. The trial court granted the Town's summary judgment motion, and dismissed the complaint, including the allegation that Ordinance 1011 violates section 38-12-301. The trial court noted that section 88-12-8301 applies to the Town as a home rule city and that the statute does not unconstitutionally violate a home rule city's self-governance authority pursuant to article XX of the Colorado Constitution. However, the court went on to dismiss the complaint because it held that "the provisions of Ordinance 1011 do not constitute 'rent controls' as contemplated in [section] 38-12-3801." The trial court premised this conclusion on the "significant discretion" that the ordinance vested in the developer to choose the manner of satisfying the affordable housing mitigation requirements.

The court of appeals reversed the judgment of the trial court. The court disagreed with the trial court's characterization of the Ordinance as outside the scope of "rent control" contemplated by the General Assembly. See Lot Thirty-Four Venture, LLC. v. Town of Telluride, 976 P.2d 308, 307 (Colo.App.1998). Instead, the court held that Ordinance 1011 constitutes "rent control" within the meaning of section 88-12-801 "because the restrictions set out [in the Ordinance] operate to reduce the number of options available to plaintiff in the use of its property from what it had agreed to under the previous agreements" with the Town.6 Id.

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Cite This Page — Counsel Stack

Bluebook (online)
3 P.3d 30, 2000 WL 713741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-telluride-v-lot-thirty-four-venture-llc-colo-2000.