Littleton ponders next move to address charter amendment petition
As Rooted in Littleton’s citizen-initiative charter amendment petition makes its way through Littleton’s city clerk office for signature verification, Littleton City Council on July 22 voiced concerns about what to do next.
The petition proposes restricting the allowance of duplexes, triplexes or multiplexes in single-family neighborhoods without a mailing notice from the city and a vote from affected property owners.
The July 22 discussion drew similarities from the May 27 study session when Reid Betzing, the city’s attorney, said some of the petition’s language is unclear. At the July 22 study session, Betzing said city staff met with Rooted in Littleton “to meet halfway.”
Betzing questioned if the petition is unconstitutional, as it goes against House Bill 24-1152, which requires Colorado cities to adopt an ordinance that allows small housing units – accessory dwelling units like backyard cottages – on single-family home lots and stops local rules that block them. In June, Littleton City Council adopted the ADU ordinance.
“Based upon citizen comments, the petition intends to freeze zoning as it existed on Jan. 1 of this year, and if city council wants to change that, they need to have a vote from the people. I don’t know if it necessarily reads that way,” Betzing said at the July 22 meeting.
He added that if the petition passes, the city would have to repeal the ordinance that was passed in June. He said it would also require Littleton to have an election to add or change residential zoning, such as adding ADUs to certain districts and if there are future state mandates that impact Littleton’s land uses.
“Changing your city charter is difficult. It can be challenging and it’s time consuming and expensive,” Betzing said.
One challenge presented by the proposed amendment that Betzing pointed to was Littleton possibly losing state funding for being out-of-compliance with Colorado’s housing policies after Gov. Jared Polis signed an executive order on May 16 to track which cities are not complying with new laws.
Amid the governor’s threat, six home rule cities — Arvada, Aurora, Glendale, Greenwood Village, Lafayette and Westminster — are suing Colorado, alleging the state is overstepping to push for higher density housing.
“We have to start thinking like a home rule city, not by the state law … you (all) keep talking about,” Councilmember Patrick Driscoll said during the study session.
Betzing presented council with a few options: seeking judicial determination, during which a court would decide if the petition was unconstitutional or not; the city drafting its own ordinance; or simply letting the petition be voted on in November, and city council would address what may come as it unfolds.
The ordinance that Betzing said the city could write up would expand the notification process for any land use changes, requiring mailing to affected property owners. He said this option is an attempt to appease Rooted in Littleton’s petition that requests a more direct notification process that goes beyond the city’s current zoning change notifications posted on its website.
Councilmember Pam Grove said presenting two questions on the ballot that are too similar to each other — the citizen-initiated charter amendment and the city’s ordinance — is confusing and not beneficial to voters.
City Manager Jim Becklenberg and Betzing said that during their conversations with Rooted in Littleton, it is clear there hasn’t been a middle ground between the city and the group that would suggest a city ordinance would be sufficient, specifically because ordinances are not the same as charter amendments.
A charter amendment is a formal change to a city’s constitution, whereas an ordinance is a local law or regulation passed by the city council that governs day-to-day matters, such as zoning or public safety, and can be created or changed by the council without a public vote as long as it doesn’t cause conflict with the city’s charter.
The judicial determination option comes from H.B. 25-1093 which does not go into effect until Aug. 6. Betzing said he wasn’t sure how long the determination would take and the councilmembers said they wouldn’t want to delay putting the proposed amendment on the ballot for November.
“This is a bad piece of policy to hamstring yourself in governance this way,” said Mayor Pro Tem Stephen Barr about Rooted in Littleton’s petition. “It satisfies a portion — could even be a majority — of our city’s desire to see one thing or another, but I don’t think it’s good governance … I’m not interested in taking away tools out of the toolbox for limiting property use rights.”
The post Littleton ponders next move to address charter amendment petition appeared first on Colorado Community Media.
Welcome to Billionaire Club Co LLC, your gateway to a brand-new social media experience! Sign up today and dive into over 10,000 fresh daily articles and videos curated just for your enjoyment. Enjoy the ad free experience, unlimited content interactions, and get that coveted blue check verification—all for just $1 a month!
Account Frozen
Your account is frozen. You can still view content but cannot interact with it.
Please go to your settings to update your account status.
Open Profile Settings