Last-minute protests filed by a former mayoral candidate and former Louisville City Council member against two Louisville resident initiatives — including one on affordable housing — have caused them to miss the deadline to appear on the November ballot. The fate of those initiatives will be decided through a public hearing Thursday at City Hall, with a special election as one possible outcome.

The resident initiatives in question, each of which collected over 1,000 signatures in an effort to place them on the November election ballot, were spearheaded by a community group called Love4Louisville, led by residents Janette Kotichas and Jean Morgan, and filed with the City Clerk’s Office on July 2.

In a news release, Love4Louisville said the initiatives would “prevent gentrification,” guarantee that developers pay “their fair share” of infrastructure costs directly related to their projects, and prevent “overburdened facilities and infrastructure.”

Resident initiatives don’t become ballot measures until the city clerk certifies and sends them to City Council, a step that was stalled, according to City Clerk Genny Kline, when she received two official protests on Aug. 11 — one for each initiative.

The protests — filed by former mayoral candidate Don Brown, Karen Brown and former Ward 1 city Councilmember Tim Bierman — question the legality of the resident initiatives.

The first initiative would add an ordinance to Louisville’s municipal code prohibiting the city from rezoning land in several areas for residential use: Centennial Valley, Redtail Ridge and the Avista Adventist Hospital area. “Zoning” is a local government’s rules for what can be built in different areas of town. The initiative provides exceptions for developments that include 30% affordable housing for households with an income of 80% of the area’s median income or less.

In Louisville, 80% of the area median income for 2025 would be about $104,000 for a family of four, according to the Colorado Department of Local Affairs.

The Redtail Ridge development in Louisville is a 389-acre property north of U.S. 36 and west of Northwest Parkway. In 2024, Louisville City Council approved a step in the redevelopment of Redtail Ridge, an area that could develop into a large biotechnology- and health-care-centric business park on empty land, BizWest has reported.

AdventHealth Avista is expected to build a new hospital on the site to replace the existing facility at 100 Health Park Drive, BizWest reported.

Centennial Valley Business Park is located near the interchange of U.S. 36 and McCaslin Boulevard.

The second initiative would expand impact fees for developers. At present, the city imposes impact fees on developers to offset increased demand for facilities including libraries, transportation, and parks and trails. The resident initiative would expand those impact fees to open space, recreation, emergency services, municipal buildings, water, wastewater, sewer, flood control and affordable housing, according to the July 2 petition.

Under the current impact fee structure, developers are required to pay anywhere from roughly $4,600 to $9,500 for single-family homes, depending on size — while multi-family housing impact fees range from about $3,100 to $7,400 based on the number of units, according to the municipal code.

The second resident initiative also would require that a new impact fee study be prepared by June 1, 2026, and for an updated study to be prepared by an independent entity at least once every five years. It pushes for the formation of an Impact Fee Liaison Committee to advise city staff and consultants during the development of the study. According to the petition, that committee would be formed by representatives from other advisory boards and commissions.

An existing impact fee study was completed by an independent entity in 2017 and, as it stands, city code requires that the city manager or the manager’s designee review impact fees at least every five years. Under the proposed initiative, that review process would involve the Impact Fee Liaison Committee.

‘Unrelated policies’

A protest filed by the Browns and Bierman claims the first initiative violates a Colorado Constitution rule that restricts a single measure from containing more than one subject. In this case, Don Brown said the rezoning and affordable housing provisions could stand alone as independent policy questions, with each appealing to different voter interests.

“It’s lumping multiple subjects and unrelated policies into one confusing package,” he told Colorado Hometown Weekly. “It was sold to individuals that signed the original petition based on the ideal of providing affordable housing, when in reality, it actually is going to … make it very difficult to build any sort of new housing.”

A second protest argues the impact fees initiative proposes an administrative measure rather than a legislative act, which, it said, would overstep voters’ power and restrict City Council and staff’s ability to do their jobs.

The Browns also claimed both initiatives are thinly veiled attempts at stopping growth in Louisville by deterring developers from the area.

“We’re concerned, because we’ve watched Louisville over the years become a pretty exclusive community, and it’s gotten harder and harder for families and teachers and firefighters and police officers to afford to live there,” Karen Brown added.

A coalition of residents called Louisville Together lists over 50 “community members” and elected officials opposed to the initiatives, including Mayor Chris Leh and all of the sitting City Council members.

Looking ahead

Kotichas said she disagrees with the premise that either of the initiatives violates Colorado law and called the protests “a stalling tactic that will be resolved on Thursday.”

She also denied that the initiatives are a “no growth strategy.”

“This initiative applies only to areas where housing is not allowed. If these areas are rezoned without the initiative, the market-rate, luxury homes that developers build will be unaffordable for the majority of our residents,” Kotichas told Colorado Hometown Weekly. “Again, let’s give the voters a chance to decide.”

The result of the protest hearing could be that one or both initiatives are deemed insufficient, in which case petition representatives may ask a district court to review the finding of hearing officer Karen Goldman. If Goldman deems the initiatives sufficient, however, City Council can either adopt them as written or refer them to voters to decide in an election.

If council decides to refer the initiatives to the voters, it will be too late to include them during the November ballot, triggering a special election. After the hearing, Goldman will have until Sept. 2 to issue a written determination, and ballot content is due to the county on Sept. 5. Accordingly, there wouldn’t be enough time for the requirements of council referral and a ballot title hearing to be held in that three-day period, according to the city clerk.

The possibility and timing of a special election would be ironed out once the protest hearing officer has released their findings, according to city spokesperson Grace Johnson. The last city-wide special election, held in 2022, cost the city about $80,000, according to Johnson.