Colorado voters approved a Littleton housing measure Tuesday, but the city isn't sure if it's legal

Voters in Littleton approved a housing measure Tuesday, but the Colorado city is not sure it's legal.

Ballot measure 3A passed with 55% in favor and 45% against. The measure amends the city's charter to restrict land use and zoning changes for single-family residential homes and neighborhoods.

Re-elected Mayor Kyle Schlachter has publicly shared his opposition against 3A.

"I didn't support 3A, I was hoping the voters would agree with me," said Schlachter. "I don't think land use belongs in the city charter; I think it is very ambiguous and confusing of what the wording actually means and will likely result in litigation."

The mayor believes the amendment reverts city ordinances that have passed this year, like allowing accessory dwelling units. The concern is also that Littleton is now out of compliance with state law requiring cities to make it easier to build ADUs.

"It would seem that we would be out of compliance with Colorado with state law. This new council, once we are sworn in Nov. 18, we will probably have some conversations with the city attorney to get legal advice on what next steps could be, and we might be defendants in the case," said Schlachter.

Mark Harris with Rooted in Littleton, the group to get the measure on the ballot, interprets the amendment differently. He added the group also filed the measure before the city's expansion of ADUs had happened.

"I think the accusation was that somehow that the charter Amendment 3A as written would prevent the expansion of ADUs that the city council passed this summer," said Harris.

Harris said the measure won't freeze all development and won't ban ADUs, instead allowing homeowners to apply for a variance of their own.

"I think there is a battle of verbiage and an intent, and some people are taking things out of context and having helped write it, I know what we intended," said Harris. "We intended to limit multiplexes from single-family residential neighborhoods. We didn't intend to prohibit ADUs or an expansion of ADUs," said Harris.

The other concern is that Gov. Jared Polis will withhold state funding from cities who don't comply.

"We'll have to work through with the attorneys and figure out how we can be sure to not lose those funds, because those are funds that we relied on and used quite a bit. I mean, there is several million dollars that we relied on," said the mayor.

While voters did make their voices known on ballot measure 3A, the issue of housing and density in Littleton is not going anywhere anytime soon. Both sides say they hope to come to the table to continue having conversations about it.

"They don't think accessory dwelling units would be repealed by the language. So, I want to see why they think that way and how we can work on this to make sure we are in compliance with state law and also meet the will of the voters," said Schlachter. "Hopefully we can work with the supporters to see if there is some compromise."

"We are ready and willing to work with the mayor and the council to work on affordable housing density, where it makes sense, where it's smart and where it should go, and not in every single, single-family residential neighborhood in Littleton," said Harris.