Council rejects motion to send Centerra South density increase to voters

A motion to put an amendment to the Centerra South development on the November ballot failed 1–7 at the Loveland City Council meeting Tuesday.

The item grew from public comments and a new‑business request asking whether the public should decide a developer request to increase residential density. The motion, read by the mayor from language requested by attorney Robert McKnight, asked voters to approve a proposed increase of 519 residential units and cited an estimated 25‑year change to the city’s tax increment financing (TIF) revenue.

Councilors and the city attorney, Vince Jungless, told colleagues that the proposed ballot question would likely conflict with Colorado procedures for quasi‑judicial land‑use decisions and could expose the city to legal risk. Jungless explained that the plan documents at issue — the Millennium General Development Plan and the Centerra South urban renewal plan — are separate and that a PUD amendment does not necessarily amend the URA document the charter’s petition rule covers. He also said vested‑rights doctrines and deadlines for judicial challenges could limit the city’s ability to put the question before voters.

Several residents urged council to let the voters decide. In public comment George Cartlitz and Bob Massaro urged the council to honor City Charter section 15.9 and Initiative 301, which voters approved in 2023, arguing those measures require voter approval for urban renewal plan changes that alter revenue sharing or TIF. Attorney Robert McKnight also spoke, saying he and other municipal‑law practitioners view the amendment as a plan change that should trigger a voter referendum under Loveland City Code 15.9.

Council debate centered on whether the proposed change was a URA plan amendment or a separate PUD action. Councilor Dana Foley argued that quasi‑judicial actions cannot properly be put to a public vote and noted the time limits for administrative and judicial review. Councilor Andrea Leitkovich acknowledged strong public interest but said the ballot language of Initiative 301 does not cover every zoning change and cautioned against creating another legal bind for the city.

The specific motion read aloud at the meeting asked: "Shall McWinnie Real Estate services Mcgwinney be allowed to increase the residential density in the proposed Centerra South development the project by 519 units a 29.5 increase that McWinnie estimates will increase the City of Loveland's general fund expenditures by 13,000,000, 29,525, a 18.2% increase over the 25 years of tax increment financing by the City that results in a decrease of $12,141,012 a 67.4% decrease in net revenues to the City from the project." The motion received one yes vote (Mayor Jackie Marsh) and seven no votes; the motion failed.

What happens next: council did not pass any direction to pursue a ballot question and the proposal remains subject to the city’s usual land‑use, URA and legal processes. Several public commenters urged the city to pursue greater transparency and public engagement on URA amendments and TIF changes.

Votes at a glance: the council vote on the motion to place the Centerra South density increase before voters was recorded as 1 yes, 7 no; the motion failed.

Context: presenters cited an updated fiscal study by Andy Arnold that the developer submitted in January 2025 showing projected net revenues falling from earlier estimates (from roughly $18 million to about $5 million over 25 years). Speakers said the change in unit count and revenue projections affects the city, Thompson School District and Larimer County. The council did not adopt any ordinance or referral to the ballot during the meeting.