A History of Lafayette's Growth Management Amendment Part One
The Origins
In November of 2022 I began to write a detailed history of our managed growth amendment to share with newly hired city staff and city councilors. I spent every spare minute I had working on it for months until it was complete. There are six parts. I’ll admit that it was a needed but grueling task!
Part of my motivation was the discovery that even our city attorney did not know the history of the amendment which was the first citizen-driven change to our city charter, requiring approval by the voters. Over time I have somehow become the historian of the amendment and it seemed like getting it documented was a good idea.
Yesterday I shared Vicky Uhland’s report on a new state law that overruled managed growth by Colorado cities and what the city council is considering doing. You can read that here. That led me to realize it was time to share with you the background of the People’s Amendment. Be prepared for a few posts on this topic to get you up to speed.
A HISTORY OF LAFAYETTE’S GROWTH MANAGEMENT AMENDMENT
PART ONE: THE ORIGINS
GROWTH IN LAFAYETTE AT THE TIME
Former city councilor and Lafayette police officer Brad Wiesley told me that before there was an Indian Peaks there was no higher-end housing for Lafayette residents to purchase. He mentioned former councilor/mayor Carolyn McIntosh who was an attorney with Patton Boggs, and Police Chief Leo Carrillo as examples of the types of residents who would like newer and more expensive housing than could be found in Lafayette.
Once Indian Peaks and South Pointe were in motion massive growth was happening in Lafayette. At the time Lafayette was in the top five fastest-growing cities in Colorado, possibly the top three. A Daily Camera chart showed Lafayette grew by 59% from 1990 to 2000.
PAUL ZAFFINO, THE AUTHOR OF THE AMENDMENT
Paul Zaffino was one of the main authors of our original Managed Growth Amendment known then as 2B, due to its ballot number. It passed in 1995. This was the first citizen-initiated change to Lafayette’s City Charter.
My late husband Toby and I lived in Lafayette at the time and voted for the amendment (it was my first vote after getting my citizenship) but were not involved in city politics. After we began to get involved in city watching we discovered the city staff and council were seriously pushing back on the amendment prior to its first return to the voters which would happen in 2001. We connected with Paul and I asked him for information about 2B. He wrote an email to me which I have used since as a good synopsis of the origins. Scans of that email are included below with a couple of notes from me.
Here are a few sections of Paul’s email that explain some history :
“In the early 1990's approval of developments by the planning commission and city council began to increase at a rapid rate. When a development near Waneka Lake was approved, a group of citizens organized to save the area around the lake.” ( Paul was a member of this group. This led to the creation of the POST tax, see Paul’s email for more details. One member of this group, Becky Beckham, later successfully ran for city council)
“As more and more developments passed the planning commission and council, another group formed in 1994 to try to do something to prevent Lafayette from becoming just another sprawling suburb of Denver.
As we investigated our options, we learned in the mid 1980's the city council had passed a growth management ordinance with a numeric cap of 200 permits per year. This ordinance passed when the housing market was severely depressed and there was no chance the caps would be threatened.
When the caps were finally about to be surpassed, the council simply repealed the caps. We then knew that it would be a complete waste of time to pass a managed growth ordinance. Only an amendment to the city charter would guarantee that the council wouldn't repeal it.
We then looked at growth management plans in Boulder, Portland Oregon, and several communities in California before drafting a flexible plan for Lafayette. After review by a Boulder attorney, the Lafayette managed growth initiative was passed in 1995.”
THE MAIN FEATURES OF THE AMENDMENT
Building permits were limited to 1200 in a six-year period, 200 per year with flexibility. The Council could approve more than the maximum number of dwelling units in a single calendar year if the number of dwelling units approved in the following year was reduced by an equal amount.
Affordable housing was given priority for permits.
Residents were empowered to petition to stop unwanted annexations.
A sunset clause allowed the community to vote every 6 years to continue with growth management.
The growth rate percentage was based on the growth in Colorado at that time.
Construction was required to begin within 180 days after issuance of a permit. If not used in that timeframe the permit would become void and be available for re-issue on a first come, first served basis.
WHERE THE NUMBERS CAME FROM
The 200 as you see above came from a number used by the city council. As they worked on the amendment the group contacted the planning department to find out how many permits were in the pipeline. They were told it was 1200. 1200 divided by 200 = 6 = time frame of the cycle.
OPPOSITION
The city council was strongly against the ballot measure as was the Chamber of Commerce. I was told by Paul, and other residents who were involved at the time, that during some kind of public presentation or discussion Planning Director Bonnie Star, called Paul a snake. I heard this again in 2021 from someone who was a member of the group that brought this to the voters. People still remember. It was contentious.
Following passage of the amendment Paul and a few other folks had a meeting with a group of three opponents who still wanted to try and stop it from going forward. Dave Trumbo (who still might have been a councilor then) and Dave Schneller then owner of the Lafayette Tech Center were the two names I recall.
(Historical side note: Dave Schneller later ran for council following the adoption of the city’s ethics code. We said he had a conflict with the code due to the GID (General Improvement District) he had with the city. After he was elected we filed an ethics complaint and city attorney Pat Tisdale said he did have a conflict. He stepped down after attending only one or two meetings and the council had to appoint someone to fill his seat, Kim Andresky.)
The opponents of 2B backed off on their intent to challenge the amendment during that meeting. The owner of a local restaurant on Public Rd, The Plum Tree — where Senior Gomez is now — began talking about petitioning to challenge 2B. At that time we still had the Lafayette News, owned by the Conarroe family. There was a section called Town Talk where we could submit anonymous comments, it was by far the best and most interesting part of the paper for years. I called in and said I would not spend money at any business that would back a challenge to 2B. The talk of a challenge faded away after that realization hit the opponents.
MORE PERMITS REVEALED AFTER PASSAGE OF THE AMENDMENT
Although the amendment was based on the number of permits in the pipeline provided by the planning staff after its passage staff said more permits were discovered and suddenly there were 2400 instead of 1200.
Planning Director Bonnie Star and City Attorney Pat Tisdale assessed the permits in the pipeline and determined which permits they believed the city had a legal obligation to issue which were far more than the limits set by the amendment.
Although the authors of the amendment believed they could legally challenge this decision they did not have the funds to do so.
As you can see by the list below the number of permits issued in 4 of the 6 years in the cycle exceeded the 200 per year requirement and went well over the 1200 by almost 900.
Permits issued per year for the first 6 years
1996...357
1997...377
1998...691
1999...331
2000...169
2001...134
THE ORIGINAL LANGUAGE OF THE AMENDMENT FROM THE CHARTER
Original Managed Growth Language 1995
CHARTER*
Chapter VI
Section 6.10. Residential Growth Management.
The Council shall by resolution annually determine the number of dwelling units to be built that calendar year and the anticipated number to be built in the next calendar year. However, the number of dwelling units shall be limited in each of six (6) twelve-month periods beginning January 1, 1996, to a maximum of two hundred (200). The total number of dwelling units between May 23 1995, and January 1, 2002, shall not exceed one thousand two hundred (1,200).
No building permits issued by the city in any calendar year shall allow a number of dwelling units exceeding the number set by the resolution.
Single-family residences, duplexes, triplexes or four-plex on lots existing prior to May 23, 1995, or on lots which result from subdivision of lots existing prior to May 23, 1995, into no more than two (2) parcels, along with all industrial and commercial construction, shall be exempt from the above limitations.
The Council may approve more than the maximum number of dwelling units in a single calendar year if the number of dwelling units approved in the following year is reduced by an equal amount.
In allocating the dwelling units authorized in any calendar year, the Council shall give priority to prior commitments of the city to provide permits for low income housing, existing planned unit developments, and existing subdivisions and planned unit developments annexed to the city.
Nothing in this amendment shall be construed to alter any legally binding agreement or commitment of the City of Lafayette, existing prior to May 23, 1995, under then existing ordinances, explicitly requiring the issuance of a given number of permits for a subdivision or planned unit development. The City Council may by majority vote award the minimum number of additional permits in excess of the maximum number of permits otherwise allowed under the terms of this amendment necessary to meet such agreements or commitments, provided the additional number of dwelling units are reduced from the total remaining dwelling units allowed under the terms of this amendment. Any transferee, grantee, or assignee of any applicant's interest in any such agreement or commitment shall be subject to the terms and conditions under which the permits for the project were originally allocated.
If construction authorized by any building permit has not commenced within one hundred eighty (180) day[s] after it is issued, the permit shall become void and may be re-issued by the city on a first come, first served basis, up to the permit maximum.
(11-7-95)
Section 6.11. Referendum on annexations.
No land which is annexed by the City of Lafayette shall be zoned until sixty (60) days following the date of final approval by the City Council of the annexation. If within that time, a petition signed by at least three percent of the registered electors of the city, as of the date of the last city election, requesting that such annexation be repealed or submitted to a vote of the electors, then no permit or other development approval shall be issued for development on the annexed land until approved by the voters in a referendum.
(11-7-95)
Section 6.12. Amendments to comprehensive plan.
The Lafayette City Council shall amend the Lafayette Comprehensive Plan to provide for a growth rate of not greater than three (3) percent per year in the Lafayette Comprehensive Planning Area.
(11-7-95)
Section 6.13. Standing to sue.
Any resident of the City of Lafayette shall have standing to enforce the provisions of this amendment or to defend any part of it against suit by any person.
(11-7-95)
Section 6.14. Sunset clause.
At the last regular election prior to the expiration of the limits herein, these provisions, in their entirety, shall be presented to the voters of Lafayette in a referendum for extension, and all dates referenced herein shall be adjusted for an additional six-year period.
(11-7-95)
Section 6.15. Limitations on legally binding building commitments.
Until after the election provided for in Section 6.14, no agreement or commitment, by itself or with any other such agreements or commitments, may be made that commits the city to issue building permits for more than two hundred (200) dwelling units per year to be built after December 31, 2001.
(11-7-95)
