Agenda Date: 05/27/2025
Subject:
Title
Citizen Initiative Charter Amendment Discussion
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Reid Betzing, City Attorney |
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Presentations: |
Reid Betzing, City Attorney |
PURPOSE:
The purpose of this item is to discuss the citizen initiative aimed at amending the City’s Charter that would place restrictions on the City’s ability to change existing land uses within many of its residential zoning districts and to further discuss those legal and logistical concerns and options moving forward
BACKGROUND:
On January 7, 2025, City Council considered making changes to some of the zoning districts in the City of Littleton to allow for different types of residential units such as duplexes to be allowed uses. After consideration, City Council decided to postpone the ordinance indefinitely, which essentially had the effect of killing the ordinance.
Based on this consideration a citizen group became interested in placing a question on the ballot and opted to propose a charter amendment rather than an ordinance. Section 8 of the City of Littleton’s Charter states that all amendments to the city’s charter may be drafted and submitted to the registered electors through petitioning the Council or be drafted and submitted to the registered electors by Council on its own initiative, in accordance with the provisions of Article XX of the Constitution of the State of Colorado.
On May 5, the City Clerk received an intent to circulate a petition to place a charter amendment on the ballot in November. After review, the petition was approved with a final due date of signatures to the City Clerk’s office of August 5, 2025. The total number of verified signatures required for this petition to be deemed sufficient is 1,827. Charter amendments intended for a regular election, as this one is, require only 5% of the registered electors for the City of Littleton (all three counties combined) as of the date of intent to circulate. On May 5, 2025, there were a total of 36,541 registered electors making 5% the 1,827 signatures.
Signatures were officially turned in on July 16, 2025 and as of this writing those signatures are being cross referenced with the counties’ voting rolls to verify authenticity.
DISCUSSION:
Through conversations and public comments, the Petitioner’s believe that the charter amendment will have the effect of freezing allowed land uses to what existed as of January 1, 2025 for single-family residential zoning districts (e.g Small Lot Residential (SLR), Medium Lot Residential (MLR), Large Lot Residential (LLR) and Acreage Residential (ACR)), and that the only way those uses could be changed by the City would be by a vote of the people to change the charter. The language may not match the purported intent, however for purposes of discussion we will take the temporary position that it does.
The initiative with the proposed Charter Amendment reads as follows:
“Section 65.5. Preservation of Neighborhood Land Use Restrictions, be added to clarify the intent of the citizens to preserve single-family residential land use and ensure that current and future owners of property in certain residential zoning districts may rely on restrictions on land uses that protect their properties. Accordingly, land uses of properties presently permitted under the Littleton Unified Land Use Code (ULUC) within zoning districts Small Lot Residential (SLR), Medium Lot Residential (MLR), Large Lot Residential (LLR), and Acreage Residential (ACR) are limited to uses specified therein as of January 1, 2025. Furthermore, any action by Council to initiate any comprehensive rezoning and official zoning map amendments, including text changes, shall first require notification to all affected property owners by First Class mail delivered by the United States Postal Service. Nothing herein shall prohibit or prevent a property owner from seeking rezoning of the owner’s property.”
The language of the Charter Amendment presents challenges for the City on a number of different levels. To begin, the language is most likely retrospective in its application and would not be constitutional based on the ex post facto clause of the Colorado Constitution. Additionally, the requirement of voter approval takes away a fundamental legislative function of City Council, which is to use its prescribed powers to benefit the health, public safety, and welfare by addressing land use changes and future planning within its jurisdiction. Additionally, it places zoning within the City’s Charter making it more challenging to address any changes in the future. Potentially simple non-controversial changes to the code could trigger requirements for elections making changes more time consuming and expensive.
As mentioned above, Charter changes can only happen through an election. As such, any change to the City’s charter would require a special election or have to wait until a regular municipal election both of which would lead to incurred costs by the City. The previous special election held by the City of Littleton cost well over $100,000.
Confusion. The City’s current comprehensive rezoning process requires public hearings in front of both Planning Commission and City Council. This new charter amendment does not seem to forego those requirements but adds to that process. Presumably if Council were to consider comprehensive rezoning or zoning map amendments or text amendments to SLR, MLR, LLR, or ACR, the City the City would have to have an election first, then send notice out to every affected property owner, then have two public hearings, then still be subject to referendum powers by the citizens which could result in yet another election.
Ambiguity. The proposed language contains some ambiguities. For example, the 2nd sentence implies that zoning changes are locked into January 1, 2025, however the 3rd sentence seems to allow for comprehensive zoning changes provided expanded notification is given. If that is not the case, it leads to ambiguities in terms of what types of Council initiated comprehensive rezoning and official zoning map amendments, including text changes would be allowed prior to triggering expanded notification, if any, or who might be an “affected” property owner.
Compliance with state/federal law. The current initiative presents some potential issues related to compliance with certain state and federal laws. For example, HB 24-1152 required the City to allow for Accessory Dwelling Units (ADUs) in all its zoning districts that allowed for single-family residential. The City did adopt an ordinance that complied with that statute on June 3, 2025. As drafted the charter amendment could presumably nullify that ordinance as the charter would control over ordinances. This nullification would have the effect of taking the City out of compliance with state law. Additionally, complying with future state or federal mandates would seem to require future elections where failure to comply could put the City at risk.
OPTIONS:
In an effort to gain clarity on the proposed charter amendment it is possible to seek clarification through the courts prior to potentially being a party to litigation in the future. One option would be to seek what is a called a Declaratory Judgement from the Court pursuant to Rule 57 of the Colorado Rules of Civil Procedure where the Court could interpret the legal effect of some of the ambiguities that may make compliance challenging. However, a court may not find that the item is considered “ripe” for their consideration unless it actually passed.
More recently the State passed HB 25-1093, which is a process where the City could seek legal determination of a charter amendment or ordinance if it is believed that it could constitute a restriction or limitation on the development or use of land. The hope is that initiatives and petitions could be reviewed prior to finding their way on the ballot. This is an option, however the effective date is August 6, 2025 and it is not known how expedited the review might be.
An additional option is to prepare an ordinance expanding the notification process which could address at least a concern offered initially that there were citizens unaware of the City’s discussions regarding adding different types of residential living to various zoning districts.
FISCAL IMPACTS:
Based on how the initiative is currently worded, it would require first-class mailing to potentially all registered households in the city. At ($.73) for first class mailing and with approximately 20,300 households in Littleton, the cost would amount to approximately $15,000 in postage fees for proposed changes in addition to normal procedures for posting. Elections that would need to occur could cost over $100,000 per election.