The state pushes Lafayette's 30,600 population to 101,000? Yell no, loudly.
This is where we are and what you can do now.
This dear readers, is where the rubber meets the road. If you, like me, are stunned by the following information, I am here to tell you what you can do. And if I can say that a touch more strongly, HELP!!!!!! The time to step up is now, you can do something about this. It’s just one action, contact your city council. Read on if you dare, and read between the lines because it’s not just me, it’s the city staff sounding the alarm as they have since House Bill 24-1313 first made its appearance. Believe them!
STATE BILL 24-1313
I’ve been writing about this bill, and what it means for Lafayette, using information from our city staff. My last report titled “An update on: ‘72,000 more housing units in Lafayette?’” was on February 4th. I was planning to come back with some related information, but as you know, things happened, namely some developers wanting to build in our city.
In a nutshell, the state determined Lafayette is a transit-oriented community and must adjust zoning in what it calls a “transit area” to allow for 40 dwelling units per acre.
THE TRANSIT AREA
From a city staff report to council:
“The Department of Local Affairs (“DOLA”) published a transit area map based on existing and planned public transit. The City’s primary transit area is along South Boulder Road and 120th Street. Optional transit areas throughout the City can count towards the HOG under certain conditions, allowing lower densities along the primary transit area along South Boulder Road.”
Some density numbers I was given in 2019 for comparison
Willoughby Corner was planned at 401 units (It’s 400 now). The site is 24.10 acres 401/24.10 = 16.64 dwelling units per acre (du/ac).
Coal Creek Village is 6.1 du/ac
South Pointe multi-family is 14.5 du/ac, single family is 2.7 du/ac
The Copperstone apartments near Exempla are 16 du/ac
CITY STAFF’S LATEST REPORT - THE HOG
I told you a member of our planning staff was going property by property looking for possible exemptions. That work has been done. You can see the outcome in the chart at the top. I know, shocking!
MARCH 4 COUNCIL MEETING
On Tuesday, the staff will provide the city council with an update on this work. This is where you come in. Yes, time to speak up, I’ll tell you how, but let me give you more info first.
STAFF’S COMMENT ABOUT THIS MASSIVE GROWTH
Screenshot from the council’s information packet:
Notice they mention the prohibition on growth management. We had it for years, put in place by voter approval of a resident-driven ballot question to restrict the issuance of building permits to 1200 every six years. I have somehow become the historian on this topic, see here to learn more.
Another state bill took away those controls, and opened the floodgates for developers from Illinois and Texas to come to Lafayette with building permits now available like Tic Tacs in a 10 pound bag. Be ready, because there are more annexations to come. Watch out those of you on the west side.
MORE TIDBITS FROM THE STAFF REPORT
The law does not mandate housing construction or affordability targets; it only requires a “zoning capacity” that permits such development.
Designated transit areas are based on existing transit conditions, and any future updates will require legislative action. As a result, the City is tasked with rezoning properties without certainty of long-term transit investments supporting these areas.
PENALTIES
This is important!!! If we do not comply we lose tax credits and grant funding for affordable housing. Non-compliance will cost the city a lot less and we can still add affordable housing in other ways that integrate into our community. We don’t need a hatchet when a paintbrush will do a better job.
Staff tells us:
“Initially, the law would have withheld Highway User's Tax funding (“HUTF”) for non- compliance and allowed the Department of Local Affairs to take legal action. On average, the City receives approximately $890,000 in HUTF each year. Due to widespread opposition from affected cities, legislators removed that provision. Now, the law enforces compliance by restricting affordable housing tax credits and competitive grants in transit areas.”
HOME RULE- THIS IS A BIGGIE
The staff report says:
“While the general goals of the laws align with the City’s adopted policies, each law imposes upon the City’s Home Rule powers, particularly in land use matters, and often imposes unfunded mandates.”
This is a huge issue for me. We are a home rule city, the state is overstepping their authority and diminishing our powers. We know what is best for our city and how it should be developed. One-size-fits-all does not work. We are now seeing other communities addressing this.
FEBRUARY 18 CPR NEWS
“But other local governments are pushing back. Officials in Westminster, Arvada, Colorado Springs, and Northglenn have at least suggested, and in some cases explicitly said, that they won’t follow some of the laws. They cite varied issues like inadequate infrastructure, unreliable transit service, and the loss of neighborhood character.
There’s one common objection, too: the loss of local control.”
“It’s unclear whether the conflicts will escalate to legal action, though some cities have already discussed the possibility of suing the state over the laws. How the disputes shake out could help determine where development powers rest in Colorado, and how its residents live and move through it in the future.”
FROM THE STAFF REPORT. YES OR NO?
And here we are in black and white. Staff is asking council if they should continue. Here’s your opportunity. Tell your city council how to direct staff. They are your representatives. If you don’t want this for your city, tell them. Act now, because on Tuesday council will tell staff to stop or to go on. If they say go on, kiss the city you love goodbye because the changes the state is pushing will make it a very different place to live.
HOW TO GIVE COUNCIL INPUT ON THIS TOPIC
THE BEST
Attend the meeting in person. City Hall Council Chambers, 1290 S. Public Road. and speak during public input at the beginning of the meeting. This is not a public hearing. The meeting begins at 5:30.
SECOND BEST
Participate by telephone during public input at the beginning of the meeting. Call 1-877-853-5247 (toll-free). Once connected, you will be asked for the meeting number. The meeting number is 869 1163 2580. Press # after entering the number. To request to speak, press *9 during Public Input to raise your hand. When it is your turn, your microphone will be unmuted.
THIRD BEST
Submit written comments for Public Input to the City Council. If your written comments are received by 1 pm on the day of the meeting they will be added to the meeting packet for that night. Written comments submitted for Public Input will not be read aloud during the meeting.
FOURTH BEST
Contact council directly by email or phone
WHAT TO SAY?
I don’t usually offer suggestions but city staff is asking the council if they should continue to implement state laws pertaining to growth, the primary one being HB 24-1313. Tell council if you want staff to continue or not. I am sure specific pieces I have shared will pop out at you.
STAFF REPORTS ON OTHER LAWS FROM 2024
Accessory Dwelling Units (HB24-1152)
This law aims to standardize Accessory Dwelling Unit (“ADU”) regulations across Colorado communities that have more than 1,000 residents and are within a Metropolitan Planning Organization. Affected local governments must:
· Allow ADUs by-right in all areas allowing single-family detached homes, using objective standards. Design standards for ADUs must be the same as for the principal dwelling.
· Prohibit requirements for additional parking spaces (with limited exceptions), owner occupancy mandates, or restrictive design standards.
The law also overrides Planned Unit Development (“PUD”) restrictions and homeowners’ association (“HOA”) covenants that contradict the law. For HOAs, this means that Colorado courts will not be available to enforce restrictive covenants that violate this law.
In 2023, Council approved a code amendment allowing ADUs citywide with certain design requirements that the law does not classify as “objective”. To ensure the City’s ADU regulations are compliant with HB24-1152, staff will present an ordinance updating ADU regulations before the law takes effect on June 30, 2025. include eliminating the existing parking requirement and non-compliant design standards.
Minimum Parking (HB24-1304)
This law prohibits the City from enforcing minimum off-street parking requirements within designated transit centers (Figure 1) for:
· Freestanding and mixed-use multi-family housing.
· Adaptive reuse projects where at least 50% of the use is residential.
Developers may still provide parking voluntarily, and if they do, the City can regulate it by:
· Enforcing Americans with Disabilities Act (“ADA”) and electric vehicle parking requirements.
· Setting maximum parking limits.
· Requiring developers to charge for parking.
· Requiring contributions to a parking enterprise or shared parking plan.
Here is the full report to the council. There’s more to learn.
Want to offer more support? Awesome!
I’ll be showing up to speak in Tuesday. There should be nothing more important for those of us who plan to be long term residents of our jewel of a city. Let’s not take an anti growth approach to this. That will only get us shot down. I think we need to demand that council do two things: 1) ignore HB24-1313 and consider the consequences of that as the price of saving our city and maintaining our Home Rule Authority. Request that they join forces with other affected communities to Sue the state to abolish this dictatorial bill. 2) urge council to adopt and stay adamant about policies that require the needed resources and services be developed PRIOR TO approving permits for any residential development moving forward (including but not limited to water, infrastructure, police, traffic mitigation, first responders, schools/teachers, electrical grid requirements, etc). These policies can provide a solid leg to stand on before the state in refusing an to overdevelop our city as current residents would face unacceptable hardships and living conditions if resources and services are stressed and thrown into shortages. If we prioritize adequate resources and services over development, then these high density projects will not be eligible for approval because there is literally no way the resources and services for a population that size could be accessed here. The state cannot possibly make a winning case that our city should be forced to build and fill developments that would far exceed our ability to sustain them. Resources and services must be in place first before permits can be approved. We need to demand they enact this common sense policy to protect our quality of life. Come to the meeting on Tuesday and speak to them! Bring a friend! Whatever else is on your schedule, reschedule or cancel it and show up for our city. It’s now or never!
Karen, as I said earleir when this legislation passed and staff briefed the City Council, "SUE the State!" Lafayette and other cities need to band together. At a previous City Council meeting or Workshop (I can't remember which), I suggested that the City request this legislation be made an agenda topic at the Colorado Municipal Laegue Meeting in Breckenridge which is being held 6/24/2025 - 6/27/2025 at the Beaver Run Resort. I don't know if it will be discussed. Thank you once again for keeping the community informed on a very contorversial issue!