Lakewood eliminating single family zoning

By Karen Gordey

You’d be forgiven if you missed it — after all, the City didn’t exactly roll out the red carpet for public input — but Lakewood is in the middle of completely rewriting its zoning code. And on May 21st, the Planning Commission passed 16 amendments in one night. Sixteen. Because who doesn’t want to restructure the entire city with the speed and clarity of a late-night city hall cram session?

Here’s the kicker: Lakewood is a home rule city, meaning we have the power to make our own land use decisions. But instead of using that power to protect neighborhoods or push back on one-size-fits-all state mandates, the City Council passed a resolution last year (Resolution 2024-62) that basically says, “Tell us what you want, Colorado — we’ll make it happen.” Meanwhile, six other cities are suing the state to protect their local control. Lakewood? We’re sending engraved invitations to the bulldozers.

If you’re not paying attention yet, you should be. Because staff expects these changes to take effect in September and if residents don’t start showing up and speaking up, we’ll be stuck with zoning we didn’t ask for, can’t undo, and won’t recognize.

“Home Rule vs Statutory Rule”

Before we go any further, it is important to understand the difference between statutory rule and home rule.  So that there is no confusion, I went to the Colorado Municipal League’s website (www.cml.org).  The following is their explanation of the two:  “Colorado cities and towns operate under provisions of Colorado state statutes (and are referred to as “statutory” cities and towns) unless voters adopt a municipal charter to become a “home rule” city or town.

Home rule is based on the theory that the citizens of a municipality should have the right to decide how their local government is to be organized and how their local problems should be solved. Municipal home rule derives its authority directly from the Colorado Constitution. It affords residents of cities and towns that adopt a local charter freedom from the need for state-enabling legislation and protection from state interference in “both local and municipal matters.”  The Lakewood City Charter was established on November 1, 1983.  While it has been modified by the voters 5 times (the latest on November 2, 2004, we are still a home rule city. 

Lakewood City Charter and Lakewood Together

Page 27 of the City Charter talks about planning and zoning.  According to the charter, the city council could have established Ward Advisory Committees to try to corral all these changes but instead are using Lakewood Together for community input.  In fact, I attended the Ward 5 meeting on June 14th and Councilman LaBure said that he tried to create committees last year and did not have support for this. 

Let’s take a look at the Lakewood Together site.  On the front page of the zoning updates section (Lakewood Together Zoning Updates), it clearly references the state law requirements and again we are a home rule city so we are allowed to do what is best for our community. This will be important to remember when I talk about the 16 amendments.

The 2024 City Council Resolution: Pre-Commitment to State Zoning Goals

The City Council passed a resolution Resolution 2024-62 that sounds harmless — values like affordability, walkability, and sustainability — but when you read the details, it’s a blueprint for surrendering home rule. The resolution adopts state-level zoning goals before zoning code revisions or public feedback were complete. That includes:

  • Eliminating single-family zoning
  • Legalizing zero-lot line housing
  • Codifying 90-day approvals for affordable housing
  • Committing to Proposition 123 (as modified by HB 23-1304) requirements
  • Requiring compliance with parking minimum elimination

Bottom line: Lakewood didn’t just “revise” its zoning goals; it absorbed the state’s playbook wholesale.  This was covered briefly by the Lakewood Informer: Jedi Mind Tricks – The New Zoning Code WILL BE Good

Why Didn’t Lakewood Join the Lawsuit with Other Home Rule Cities?  Good question!

Recently, six Colorado cities banded together to sue the state over its new zoning mandates — arguing that the laws violate their constitutional rights as home rule municipalities. (6 Front Range cities sue over housing laws, governor’s threat to withhold state funds) Lakewood? We sat that one out.

At the Ward 5 meeting on Saturday, June 14th, I asked our Councilors a simple question: Was our absence because of Resolution 2024-62, which essentially pre-commits Lakewood to implementing state zoning goals? And if the lawsuit is successful, meaning those cities win back their rights to local control, won’t we be stuck with sweeping zoning changes we didn’t have to make?

Councilman LaBure responded:

“We are a home ruled city but we are also a state entity. The state passes things all the time that encroach on local control. The argument has been historically well zoning and parking issues and all those things are matters of local concern and not the state concern. And Judiciary had tended to draw a line there. However, the state has increasingly been making the argument that there is a housing crisis statewide so we need more and more control over local zoning issues because it is actually a matter of state concern. I would have been happy to have jumped on that lawsuit however, other cities already did it and we are part of the Colorado Municipal League (CML). And CML has supported that lawsuit and in that sense we are member and if not the largest so in some sense we are part of that because of our CML affiliation. And it is a fair question to ask about if the lawsuit is successful, then we would be stuck with zoning changes that were not needed.”

Translation: we could have stood up for home rule; but we’ll just let other cities take the heat and hope our dues to the Colorado Municipal League somehow cover us by association.

Councilor Nystrom added that she did ask the City Attorney the same question but didn’t get a clear answer. She also pointed out that HOAs aren’t safe from this zoning overhaul either. While HOA covenants are seen as contracts between homeowners and their associations, local zoning ordinances will override those agreements. So yes, if you live in an HOA and thought you were protected, think again.

The bottom line? There is still no clear reason why Lakewood didn’t join the lawsuit, especially when we had the opportunity and the legal standing. In the words of Councilman LaBure, we’re “essentially deregulating zoning.” Deregulation is one thing. Doing it blindly and permanently, without any legal backstop or flexibility, is another; and it’s not necessarily a good thing for current residents or future housing stability.

The 16 Amendments Passed on May 21st

Let’s talk about transparency or the lack thereof. As of this writing on June 16th, the Lakewood Together website still links to the April 23rd Planning Commission meeting, but not the May 21st meeting where 16 amendments were introduced and passed. You read that right: the most significant zoning overhaul in years, and they can’t be bothered to upload the meeting where it happened. The most recent version of the proposed zoning code amendments? Dated May 19th, which doesn’t even reflect what was voted on.

The May 21st meeting video is available on lakewood.org, which makes it difficult to miss important updates since they aren’t keeping everything together, as originally portrayed. Amendments are still possible but this isn’t up for public discussion on the latest revisions yet.

At the Ward 5 meeting on June 14th, I asked when the public could expect a clean, updated version of the zoning ordinance. Councilor Nystrom responded that Planning Director Travis Parker and his team were “supposed to be” updating it and she will check on that. Spoiler alert: they haven’t. It’s been nearly four weeks, and residents still don’t have access to a finalized copy of the changes that are supposedly going into effect in September.

So what gives? Is the Planning Department deliberately withholding information from the public or are we just witnessing yet another performance of Lakewood’s Greatest Hits: Bureaucratic Incompetence, Volume 23?

Below is a chart of the 16 amendments passed. The most recent redline version of the zoning code? A casual 409 pages. And yes, buried in that bureaucratic brick are more than a few red flags.

Let’s start with the Authority section (17.1.5). It originally cited “the city home rule charter” — a key phrase affirming Lakewood’s autonomy. That language? Now redlined. Gone. Instead, we’re left wondering whether the City is scrubbing references to home rule on purpose… or just by accident (which, frankly, would be just as troubling).

Then there’s section 17.1.7 – General Provisions, which now reads:

“Except as hereinafter provided, no building, structure, property, or land shall be used or occupied and no building or structure, or part thereof, shall be erected, constructed, reconstructed, altered, repaired, moved, or structurally altered except in conformance with this Zoning Code.”

Sounds straightforward, right? Except it’s not. Take Article 5, for example  it limits the square footage of homes above grade. Basements are exempt (for now), but let’s say your 4,000 sq. ft. above-grade home burns down. Under the new code? You may not be able to rebuild it to the same size above ground. Goodbye, replacement value.

And then, scattered throughout this 409-page monster, are things like:

  • Building re-use allowances, perfect if you’re excited to see old office parks or shuttered schools converted into multi-unit housing or whatever else they deem appropriate. (Spoiler: I’m writing about Emory Elementary next.)
  • Subdivision of residential land, your neighbor could sell, split the lot, and slap up a quadplex or a village of tiny homes right next to you.
  • Zero parking requirements and lot line-to-lot line construction, great for density, not so great for your driveway, your view, or your sanity.
  • Up to 750 sq ft of commercial space allowed in any home, in any neighborhood — for so-called “personal services,” with no parking required. Think hair salons, spa treatments, dry cleaners and even coffee shops… in what used to be a quiet cul-de-sac.
  • Horse property? That charming acreage you paid a premium for? It could be surrounded, subdivided, or rezoned into oblivion.
  • Commercial creep into residential zones, yes, more blending of use types with less notice and less input from the people actually living there.

In short: this isn’t a “minor update.” This is a wholesale rewrite of how Lakewood builds, lives, and grows  and it’s happening fast, without your input.

Final Call to Action: Speak Now or Get Steamrolled

This zoning overhaul is tentatively scheduled for first reading on July 28th, with the second reading and public comment set for Monday, August 11th. Mark your calendars, but don’t wait until then.

The time to speak up is NOW. Choose any upcoming City Council meeting and use the General Public Comment period to voice your concerns. Demand a town hall. Ask for transparency. Hold them accountable.

Then on Monday, August 11th, we need to pack the room and show up in force. Sign up to speak on the zoning ordinance agenda item and make it clear that these changes are not welcome without real public involvement.

Let’s be honest, this City Council has a long history of ignoring the will of its constituents, and we should be prepared for them to pass this anyway. If that happens, the work doesn’t stop, it begins. We’ll have 30 days to gather petition signatures to either force Council to reverse their vote or take the issue to the ballot as a referendum.

We’re actively looking for team leaders to help organize signature collection across the city. If you’re interested in helping coordinate efforts in your ward or neighborhood, email me at KarenBGordey@gmail.com and include your name, contact information and ward.

This isn’t a drill. It’s your driveway, your street, and your city. Pick a meeting. Grab the mic. Let’s save our Lakewood!

Upcoming City Council Meetings (note: there are no additional meetings in June)

July 14th, 7 pm

July 28th, 7pm

Link to City Council contact information:  https://www.lakewood.org/Government/City-Council/City-Council-Members

Link to determine what Ward you live in: https://www.lakewood.org/My-Neighborhood

Note: the conversation on zoning is still ongoing. There will be more changes coming


Sanctuary cities logo and graphic

The Department of Homeland Security (DHS) published a list of sanctuary cities on Thursday, May 29. Lakewood and Jefferson County were on the list. By Sunday, DHS had taken the list down because of objections by the named jurisdictions. Cities like Lakewood never voted on the issue, just quickly enacted deprioritization policies behind the scenes and then told residents that the increased migrant population is not their problem. Now, DHS is calling out places like Lakewood and Jeffco that hide behind an unofficial policy of not cooperating, while other places do their best to balance a state law that acts against federal law.

Lakewood has been through these word games with its residents already. No – Lakewood never formally voted to be a sanctuary city – but only because the state approved sanctuary status so Lakewood politicians didn’t have to take the political risk. At the time, it was apparent that Council would have approved sanctuary status if needed.

At that time, around 2018, sanctuary meant being welcoming, resisting ICE cooperation and providing cover for migrant activity. Today, it seems to mean paying for housing and benefits…

Because the bar has already been raised! People EXPECT welcoming and resistance to federal immigration.

However, DHS is working from the original definition of any jurisdiction not cooperating with ICE. According to the original statement, DHS defined these sanctuary cities as:

“deliberately obstructing the enforcement of federal immigration laws and endangering American citizens.” – DHS

NOTE: This author seems to remember former Mayor Adam Paul talking about migrants taking refuge in a Lakewood church basement and the need for more placements. Does that sound right to anyone else?

Lakewood has still been playing these word games, using “migrant” or “newcomer” instead of “illegal alien”.  They would not guarantee that new homeless shelters would not be used for migrants. Instead, some Councilors insisted that all would be welcome.

According to an article in The Guardian, the president of the National Sheriffs’ Association, Sheriff Kieran Donahue, “said the list was created without input from sheriffs and ‘violated the core principles of trust, cooperation, and partnership with fellow law enforcement’”.

Lakewood still “deprioritizes” crime instead of admitting they will not enforce certain crimes or cooperate with certain agencies. Both Lakewood and Jeffco claim that immigration enforcement is not their jurisdiction so no cooperation is necessary. Neither government has any problem cooperating with other federal agencies, such as the FBI. Therefore, according to Lakewood and Jeffco principles, the National Sheriffs’ Association’s objection is without merit because local jurisdictions shouldn’t be cooperating anyway.

Note that the DHS list is more granular than others that just highlight the entire state as a sanctuary. DHS did not respond to requests for more information on how the list was compiled, but there were clearly some cities and counties singled out around the state.

Lakewood’s Police Chief has described Venezuelan gang activity in Lakewood in a rare Ward 4 appearance.

Lakewood thinks residents are so ignorant that they can’t see the deteriorating conditions brought on by “de-prioritizing” crimes. They seem to think that if they don’t use the word “sanctuary,” they can act defy federal law and be fine. And so far, they are right. During the last discussion about Lakewood’s sanctuary city status, Lakewood Informer news noted that the word games continued with a change from “sanctuary” to “being a good neighbor”.


2025 City Council voting record as of May 2025

By Karen Gordey

As you may or may not have heard, Kairoi—the Texas developer behind the 777 S Yarrow Street project—cut down more than 60 mature trees on May 12th. The community response was swift and emotional. That evening, a large group from the Save Belmar Park movement filled the back of Lakewood City Council chambers and voiced their outrage during public comment. Many echoed the same call: every sitting councilor—save perhaps one—needs to be voted out.

The next day, I drove to Belmar Park to see the damage for myself. As I pulled up, I noticed two current council members chatting nearby. I spoke with one of them off the record for about 25 minutes. When I said, “Isn’t this what you voted for?” the councilor quickly replied, “No, I didn’t vote for this.”

Skeptical, I went home and reviewed voting records for the past two years. And they were right—technically. The 777 S Yarrow project didn’t come before City Council. It went through the Planning Commission and the City’s Planning Department.

But that wasn’t the end of the story.

When I tried to dig deeper, it became clear how inaccessible the City’s meeting records really are. Minutes from meetings are supposed to be approved during the Consent Agenda at every regular council meeting. But finding the actual minutes? Nearly impossible. For instance, during the May 12, 2025 meeting, Council approved minutes from March 24, April 14, and May 5—but none were linked or attached. On February 24, they approved minutes from December 9, 2024. Again, no actual documents.

You can technically find every ordinance and resolution passed by council here: https://www.lakewood.org/Government/Departments/City-Clerks-Office/City-Council-Ordinances-Resolutions. But it’s a list, making it difficult for residents to hold individual councilors accountable.

The Consent Agenda, meant for quick approvals of non-controversial items like meeting minutes, ordinances on first reading, or ceremonial resolutions, is often a catch-all for measures that go unscrutinized. Councilors can ask to remove items for discussion—and did so multiple times in 2024. But here’s something you may not know: residents can request that items be removed too. Once passed, the items removed from the consent agenda are discussed and voted on, then the rest of the agenda is addressed in order.,

And while the Consent Agenda script claims that first-reading ordinances are published in the Denver Post—none have appeared in the last two years. Don’t take my word for it. You can search the Denver Post’s legal notices here: https://marketplace.denverpost.com/marketplace-denver/category/Miscellaneous/Legal%20Notices

and on the state’s required public notice database: https://colorado.column.us/search/

(which is moving to: https://www.publicnoticecolorado.com).

So how did your councilor vote?

Here’s a breakdown of every vote not passed via the Consent Agenda

2024 voting record
2024 City Council voting record shows mostly agreement (in green)

Here’s what I found:

  • Nearly every vote over the last two years has been unanimous or nearly so.
  • Even when councilors express opposition during public comment or in off-the-record conversations, their votes often say otherwise.
  • In 2024, five councilors voted against a one-year moratorium on raising the business and occupation tax.
  • When it came to putting a TABOR refund question on the ballot, only one—Councilor Rich Olver (who has since resigned)—voted no. Another councilor didn’t even show up.

Also included in that spreadsheet is a tab for study sessions and workshops. These are arguably more important than council meetings themselves. That’s where councilors hear presentations on major issues—always from city staff or invited parties that support the city’s position. No opposing views. No residents. By the time a topic comes up for public hearing (on second reading), the council has already made up its mind.

Is it any wonder residents feel ignored and angry?

City Council workshop session date and topic
City Council workshop session date and topic

Let’s talk transparency. The Budget & Audit Committee—tasked with overseeing your tax dollars—hasn’t met once in 2025. Back in January, Ward 5 councilors proposed expanding the committee to represent all five wards. That proposal was shot down. Only three wards are represented. Two wards remain unheard.

And all this under a City Manager pulling in over $400,000 a year.

When government struggles with the basics—recordkeeping, transparency, fair representation—it often fails on the big things too.

Isn’t it time for a better way? If you’re tired of a council that listens to developers more than residents, tired of unanimous votes that ignore dissent, and tired of a system where transparency feels like an afterthought—then do something. Start asking questions. Email your councilor. Demand meeting minutes be posted, ordinances be published, and your ward be represented. Government works best when it’s held accountable. And in Lakewood, it’s time we started holding ours to a higher standard.


Radiant Painting and Lighting https://paintwithradiant.com/
Grading permit, applied for and granted within one day of complaint

The May 7th Planning Commission meeting was a travesty of a public hearing. Lakewood cared enough to give residents an outlet for their grievances. No one cared enough to enact a single change. And sometimes they outright laughed at us.

Watch the video below from the end of public comment, starting at min 2:58:25. One resident got up and publicly read an article from the Lakewood Informer. Watch the city staffer seated in the background unsuccessfully hiding her laughter during this reading. All of which was proved to be true. All of which city staff ignored and the entire Planning Commission dismissed — just like so many other valid resident points.

The meeting started with Lakewood Chief of Sustainability and Community Developer Travis Parker explaining that he didn’t think this meeting wouldn’t change anything. He said that there were “pretty significant misunderstandings” of what staff could do. He said that “attacks on staff for being, you know, incompetent or malfeasant or acting in bad faith, demonstrate a fundamental misunderstanding of the good and hard work that’s done by people that are experts.”

No one doubts city staff work hard. They all deserve thanks. But we also can’t assume they are always right and the residents are wrong about everything. We can’t assume that there is no other way to evaluate base assumptions. But that’s exactly what the Planning Commission decided to do.

Ironically, one of the main points of the Belmar Park battle was about cutting down all the trees that could have formed an expanded buffer. Mr Parker himself has been educating residents on new zoning codes from Lakewood that will not increase the setbacks to what they were pre-2012, but will now require RESIDENTS to get a permit to cut down their trees.

So the meeting was a pretty show that started and ended with all the well-researched points the residents brought forward being dismissed. Sadly, the best thing to be said is that being dismissed was more respectful than being laughed at.


Required Grading Permit – Evidence not reported by city staff

The permit pictured above is from Lakewood’s eTRAKit system, showing the grading permit that was applied for and received within one day of the complaint, just as reported by Steve at savebelmarpark.com

The permit below is for demolition, which was applied for a month earlier. No malicious intent was implied and the problem was quickly corrected. Thanks to residents who apparently know less than city staff.

demolition permit

Grading permit requirements below

Actual permit that must be displayed before construction:


Save Belmar Park Inc logo

From Save Belmar Park, Inc., – a Colorado non-profit

What happened at the May 7th Lakewood Planning Commission hearing was deeply disappointing—though sadly, not unexpected. After several speakers delivered well-researched, thoughtful, and heartfelt presentations, the audience erupted in applause. The public’s support for protecting Belmar Park was undeniable.


So how does a small group of City officials override the will of the residents?

Despite an overwhelming outpouring of public opposition—including emails, social media comments, and a nearly 10-to-1 ratio of anti-this-development comments on Lakewood Speaks—the Commission still voted 5–0 in favor of the 411-unit Kairoi apartment building. And they did so even after being presented with a powerful, evidence-based case showing that the proposed development directly contradicts Lakewood’s own zoning code, comprehensive plan, and parks master plan.

This vote was a slap in the face to the community. It disregarded common sense, environmental preservation, and the very planning documents the city is supposed to uphold. The proposed zero-lot-line, six-story building is incompatible with the surrounding two-story Belmar Commons townhomes, overwhelms local infrastructure, and threatens the ecological balance of Belmar Park.

The city has rolled out the red carpet for billionaire developers—again—ignoring the public and prioritizing profit over people, parks, and trees. Dozens of mature, century-old trees will be clearcut. Wildlife will be displaced. Belmar Park’s peace and beauty will be irreversibly damaged (if we don’t stop them).

But, we have NOT given up—and we’re not stopping now!

Our next step is filing a lawsuit under a 106A appeal, which will go before a Jefferson County district court rather than more city insiders. We believe we still have a strong chance at a different outcome—despite the city’s push to bulldoze trees—because the proposed development blatantly contradicts Lakewood’s own zoning laws, comprehensive plan, and parks master plan, giving us solid legal ground to challenge it in court.

This is our last real chance to stop this destructive project, and we’re counting on supporters like you to help us make it happen. Legal fees are significant, and this is a fight the community should not have to fund—but we must because the City of Lakewood refuses to listen.

Please stand with us—again. If this park means something to you, dig deep—and give as generously as possible (then smile knowing you’re helping to save something irreplaceable). Every dollar helps us hold the line against this destructive plan. Then share our campaign and spread the word. We’re fighting for what’s right: environmental integrity, community character, and the future of Belmar Park.

👉 Donate now: https://www.gofundme.com/f/save-belmar-park

Directors

Save Belmar Park, Inc. 


$$$ Financing Deals

Lakewood may be forcing a property owner to blight their own land in a backroom trade deal wherein staff pledged a positive vote from City Council for a metro district. The deal would give The Bend development city financing in exchange for metro district status.

In January 2025, a representative for The Bend developer made the following public comment:

“The city is actually only allowing a Metro District to be put in place if the URA (Urban Renewal Area) passes so that it is a vehicle for this infrastructure and tax increment financing. They actually would not pass our Metro District standalone. They’ve made that very clear.” – Allie Meister, Lincoln Properties, at Green Mountain Water Board Meeting, min 40:13.

This deal illuminates why Lakewood is rushing through a URA and metro district public hearing on the same night. Staff presentations have repeatedly touted the advantages of doing both the URA and the metro district at the same time. They claim these are complementary structures.

But they are not complementary. Rather, these are essentially overlapping structures that could finance the same set of infrastructures. Apparently, financing public infrastructure is a profit center.

Overlapping financing is duplicative. Even worse, for The Bend, neither metro district nor URA is appropriate. The Bend is not a “serious and growing menace” to the public health, safety, morals, and welfare, which is the statutory reason for Urban Renewal. The Bend does not provide public services, which is necessary for a metro district. The metro district will only be used for financing. Therefore, the most appropriate government assistance, if any, would be a Business Improvement District (BID).  BIDs are the more accountable, less powerful, way to achieve development financing but no one is advocating for its use.

Instead, developers prefer to form metro districts. This initially involves the developer loaning money to the new metro district.  Then the metro district issues a bond, with interest, to pay back the loan. Since the developer and the metro district are the same people (different legal entity), the developer has now gained itself government immunity, as well as millions of dollars of interest payments. In many cases, the interest payments never end – they only continue to grow. This outcome isn’t possible with a BID.

(See Denver Post series “Metro Districts: Debt & Democracy” by David Migoya for more in-depth information on metro district abuses)

Therefore, developers generally want that metro district as a profit center, rather than as a way to finance development, since they front the funds in either case.

A URA is also meant to fund public infrastructure. Much of the public infrastructure was repeated under both the URA and metro district justification. Only one method is needed to finance infrastructure, and, as noted, the developer will provide the base funds in any event. As Karen Gordey reported in the Lakewood Informer, there was no required financial gap analysis completed to show that city funding was required. Therefore, with a metro district there is no need for a URA. This conclusion is also shared by a report from the Independence Institute. A URA has not required a metro district in the past.

However, Lakewood can trade URA financing for affordable housing. Lakewood is not allowed to pay for housing directly. Lakewood is not even supposed to demand any percentage of affordable housing. There is no zoning or ordinance that requires it.  The irony is that Lakewood City Council itself sunset the Strategic Growth Initiative ordinance. Under that ordinance, this development would have fallen under the allocation review system wherein Lakewood could have asked for affordable housing to permit this many units in a TRANSPARENT process. Instead, the city is now working behind the scenes to make this same thing happen.

So, through the URA, Lakewood will gain affordable housing, aka government housing or government-subsidized housing. Those units can be used to qualify for state grants for even more development in Lakewood.

“Without the Urban Renewal plan, in our case, we wouldn’t be able to deliver kind of what they want to see or their vision for this piece of land which includes housing retail and affordable housing they you know both the state and the city and the county do have a desire to have a portion of the site have affordable housing in it.“ Allie Meister, Lincoln Properties, Jan 28 2025, min 35:57

Lakewood residents will pay for The Bend development by giving the developer financing. The new taxes from that development are diverted out of the general fund, which pays for Lakewood resident services like police, and instead will pay for The Bend development responsibilities like streets and pipes.

The decision for an Urban Renewal Area is very separate from the decision to approve a metro district. The developer did not originally desire to be in an Urban Renewal Area and Lakewood may not approve a metro district as a standalone decision. But, operating together, the developer and city can trade financial incentives that residents throughout Lakewood will pay for.  The developer offers blight and gets metro district status and financing. The city offers URA financing to indirectly offset affordable housing units and gets a basis for more state grant funding.

“Municipalities are using a tool (URA) meant only for serious threats to the public as a tool for gaining a competitive advantage in economic development. Which, essentially, is a way to financially reward development partners and a method to force the public into a future desired by government planners.” -From The Empty Promise and Untold Cost of Urban Renewal in Colorado

Just like Lakewood’s deal to buy Emory Elementary, residents should know the full plan to leverage this deal for more high-density development using state grant funds from the affordable housing units. Without that knowledge, which has not been disclosed, neither the URA nor the metro district decision makes any sense.

There will be a City Council vote on the metro district and URA on Monday, May 12 that is open to public comment.

The representative from Lincoln Properties, Allie Meister, did not reply to requests for comment.

This article is written as the personal beliefs of Karen Morgan under the Lakewood Informer banner.


National Motorist Association logo

Picture of Belmar Park

From savebelmarpark.com

The 777 S Yarrow public hearing is very close on:

May 7th at 7:00 PM at 480 S Alison Parkway, Lakewood, CO

You may now enter public comments online at: https://lakewoodspeaks.org/meetings/869. You may have to click on item 3.

Unfortunately, a likely defect in the Planning Commission’s online file upload process has been identified and was reported via a follow-up public comment.  However, that public comment was rejected by Lakewood for violating comment policy.

It appears the comment was rejected out of an assumption that the Planning Commission software could not possibly be broken.

The city clerk was also very helpful in providing examples of other comments with attachments that were publicly posted as proof that the upload process is not broken.

Notably, NONE of the examples provided by the clerk included the .doc file extension.

Therefore, because Lakewood was obviously not going to investigate a reported defect that could potentially have been suppressing public comment file attachments for a long time, perhaps years, I investigated.

It turns out that the Planning Commission does NOT accept all of the file extensions specified on the file upload dialogue (which is shown in the image at the top of page).

Once I converted the .doc file to a .pdf file, then the upload process was successful!

If you upload a file with a supported  .doc file extension, for example, it appears to work properly. However, if your comment is approved for publication, the attachment is never displayed.

This is a material error because members of the public may reasonably assume their upload was successful since no error message is ever produced at any point in time during this process.  

Nor does the moderation process capture file upload errors and notify users.  

Nor are members of the public ever advised that the software may be unreliable and may silently dispose of file uploads.

Upon reviewing public comments just this morning, one person who supports approving the Kairoi project referenced his attached letter.  But no attached letter was displayed.  So his attachment may also have been lost by the software.

Therefore, members of the public or any parties with a matter to be heard by a quasi-judicial panel could upload files for the official hearing record and discover after the hearing record is closed that their file uploads were rejected.  Then it is too late to re-submit their files.

This problem is also complicated by a significant conflict of interest due to the fact that Mr. Parker, Lakewood’s executive in charge of making development recommendations to the Planning Commission and/or City Council, is also and incredibly an advisor on the executive team of the same software company that is at the crux of possibly suppressing public comment by silently rejecting documents intended for quasi-judicial hearings.

We suggest the city is indifferent both to the public perception and the risks of this conflict of interest.

We also suggest that as a result of enabling this conflict of interest, the city is also indifferent to the requirement for software quality control.

Please consider that a quasi-judicial hearing is a legal proceeding.  What if the clerk of a court periodically discarded or lost documents delivered by litigants without telling anyone?  What do you think would happen to that court clerk if this malfeasance came to light after years of discarding court documents?

We are not suggesting any Lakewood employees are disposing of these files.  The comparison is being made to the apparently inconsistent software vs what if an employee hypothetically did the same thing?  We doubt that an employee would get off so easily. But in Lakewood, the software does get off easily.

And consequences can be significant if a court is not diligent regarding management of important technology used in processing court documents or evidence.

Consider the Colorado Bureau of Investigation and the fiasco over their DNA tests.  It was recently revealed that hundreds of DNA tests were allegedly ‘manipulated’ over a 30-year time period and as a result material facts were omitted from official records even though no DNA matches were falsified.  The CBI Director stated: ““Our actions in rectifying this unprecedented breach of trust will be thorough and transparent.”  

Will Lakewood be as forthcoming regarding ignored software defects that potentially corrupted public hearing records?

Has this defect been suppressing relevant files for years?  It is possible.  Especially considering Lakewood does not seem responsive to any report that the software does not work properly.  Anyone who has previously reported a problem may have received a similar response that it was user error because other people can upload files – but of a different file type.

Therefore, we strongly urge that Mr. Parker be required to recuse from any matter that may eventually involve the Planning Commission or City Council where the PeopleSpeak software is used to accept public comments for any quasi-judicial hearings or city council meetings.

In the meantime, any past decisions made by the Planning Commission or City Council where online public comments were accepted from the public should be reviewed and new hearings potentially announced once the software is fixed.

Stay tuned and thanks for listening,

Steve


Profile picture of Anita

Former Lakewood City Councilor and attorney Anita Springsteen is no stranger to Lakewood’s backroom dealing and use of executive sessions. Springsteen has filed two lawsuits against the city for using “negotiations” as the context for an executive session. Allegedly, those meetings were open meetings violations because they didn’t provide enough detail on the “negotiations” involved. Those allegations are playing out about the purchase of Emory school. Even residents living next to Emory had no idea the city was trying to purchase the school for the Action Center.  Springsteen filed an injunction to prevent the city from voting on the property purchase April 28 but Springsteen says “the Court held that the issue was moot when Council held the vote despite being on notice of the request for injunction.” She plans to refile the motion to prevent further actions by the city. She is also communicating with the Jefferson County Schools so they are on notice of breach of fiduciary duty.

Councilor Mayott-Guerrero asked for an attorney to explain why residents have not seen open conversations about purchasing Emory before. The attorney for the city said negotiations are protected by executive sessions so there has been no public notice until now. The April 28 meeting, during which this conversation and vote took place, was duly noticed, he advised.

Unfortunately, that still left many residents in Lakewood feeling like they were unprepared, not informed and left in the dark. Which is entirely reasonable since, as Lakewood just admitted, they did not tell residents they were working on this until now. Lakewood did not put the address of the property on which they were negotiating in the notice for executive sessions.

City Council and staff were very clear that this was only the first step and that the city needed to proceed in this matter so they could progress to formal negotiations. But then what were they doing in previous executive sessions?

Lakewood could have been transparent and told residents in September of 2023 that they were interested in buying the school on behalf of the Action Center, as documents show. Instead of fully explaining the plans for Emory, Lakewood cried “misinformation” and only addressed limited misunderstandings. There are also allegations that Jeffco was hiding talks because they were involved in negotiations to sell the property four months before it was officially disposed of.

Council and staff still say that no decisions have been made and that they will listen to resident input at future meetings. Of course, that’s a variation of what they have said for the past year and a half while decisions were being made. There is no indication that plans will change based on resident input at the city level but that may be different at the school district level. There is also the possibility that the expanded interests of the Action Center will persuade people that this is the best use of Emory.

The purchase of Emory for the Action Center was a priority for Lakewood since the school’s closing. It was the first and only one on the municipal option list to begin in January of 2024.

Springsteen was one of four Councilors who demanded transparency before allowing an executive session to proceed. The session involved the City Manager’s contract renegotiation. The four Councilors calling for transparency prevented a super majority vote, which is required for an Executive Session to proceed.  This forced the contract renewal to take place at a public meeting so that the public could see who voted to renew the City Manager’s contract, which increased her benefits.

Springsteen has filed three lawsuits regarding open meetings violations, two of which pertain to property negotiations. Springsteen says “the third case was for an Executive Session involving ‘legal advice’ on a CCU issue that had already been resolved upon appeal a year prior, which calls into question the purpose of the meeting.”


Headline from Denver Gazette with author photo

By Jimmy Sengenberger, in the Denver Gazette

The backroom deal I warned about last year is now playing out in broad daylight.

In February 2024, I asked whether Lakewood was eyeing a bargain on the closed Emory Elementary — a deal that could dodge public input and leave Jeffco taxpayers holding the bag.

Fifteen months later, the answer is a resounding yes.

On Monday, Lakewood’s City Council authorized a $4 million below-market purchase of the school — a site that got $2.6 million in taxpayer-funded upgrades before Jeffco closed it in 2023. It’s now on track to become the new home of the nonprofit Action Center — courtesy of a taxpayer-funded workaround.

The Action Center’s mission may be noble, serving vulnerable families and individuals. But the process? Not so much. It reeks of an almost theatrical disregard for transparency and taxpayer interests — with a straight face.

In January 2024, Jeffco Schools quietly introduced a new “Municipal Interest” process giving municipalities like Lakewood first dibs on shuttered schools — without competitive bidding or public input. COO Jeff Gatlin confirmed Lakewood’s “interest in the Emory property,” revealing they were already “working through the municipal interest route.”

Translation? A backdoor sale — letting Jeffco Schools unload taxpayer-funded property at a loss. A consultant even advised this process empowered the district to skip community feedback entirely.

Read the rest of the article….


Aerial view east along 6th ave including The Bend site

By Karen Gordey

See Part 1 and Part 2 for more background

The Lakewood Planning Commission met on January 22, 2025; the day after the West Metro Fire Department Board of Director meeting.   During this meeting, Anne Ricker from Ricker Cunningham presented “The Bend” to the Planning Commission.  Commission Kolkmeier stated, “Just note for folks, listening and reminder to commissions and folks in attendance today that this is an unusual matter that comes before us.  We don’t typically get asked to make a recommendation as it relates to compliance the comprehensive plan on an urban renewal project.  But it is pretty straightforward.  The specific question that we will be discussing today is whether or not the proposal that is presented is in compliance with the comprehensive plan already adopted by the city of Lakewood.  That is the current plan, not the next plan that is still in process.”

The documents (located on Lakewood Speaks) provided to the Planning Commission were the following:

List of documents from Lakewood Speaks: 9.11.24 The Bend @ Lakewood Urban Renewal Plan revised 12.30.24 corrected 1.8.2025
1.22.2025 The Bend Planning Commission Presentation corrected 1.8.2025
PC Draft Resolution--The Bend Urban Renewal Plan 1-8-25
PC Staff Memo for The Bend--1.8.25 (003)
Lakewood 2025: Moving Forward Together (Comprehensive Plan)
Federal Center/Union Blvd. Corridor Connectivity Plan
Union Blvd. Urban Design Plan
Union Area Transportation Study 11-22-2017

Where is the Blight Report also known as a Conditions Survey? Why does the Lakewood Planning Commission not know what the actual approval process for Urban Renewal project is? 

The blight survey, while mentioned in the presentation, was not presented separately to the Planning Commission.    On February 3rd, I submitted a CORA request and subsequently received the blight report.   It is a 42 page document.  The closest document (shown above) would be the first one titled, “9.11.24 The Bend @ Lakewood Urban Renewal Plan revised 12.30.24 corrected 1.8.2025.  However, that document is only 32 pages and is missing the following pertinent information (and therefore is not the Blight Report/Conditions Survey):

The Phase 1 Environmental Site Assessment

Environmental remediation

Institutional Controls

CDPHE findings

Any land use restrictions

Red Flags in the Blight Report

Here are just a few of the inconsistencies:

  • Date confusion: The cover page is dated July 2024, but the first paragraph says it was prepared in September 2024. Which is it?
  • Page 4 notes a 2017 restrictive notice recorded by GSA: No soil disturbance including digging, drilling, or grading  on the northern section.
  • Page 6 references the Lakewood 2025 Comprehensive Plan to justify land use; a plan not yet enacted in 2024.
  • Page 23 includes quit claim deed excerpts mentioning pesticides, VOCs, MTBE, and asbestos but, omits TCE, DCE, and other known contaminants that appear in EPA documents and past cleanup reports.
  • Page 25 is the most damning: It confirms that no soil disturbance is allowed on the northwest corner and that groundwater to a depth of 100 feet is restricted due to PAH contamination. If the land is not federally owned, a special construction dewatering permit is required from the Water Quality Control Division under Colorado law.

Feel free to look over both documents using this link:  https://drive.google.com/drive/folders/1O0eNIOLdCo833C0xGKrvvRAeH9sUeVez and ask yourself why would this type of pertinent information be omitted from the public documents.

Is This Really “Blighted”?

Because the property is predominantly open land, the statute requires at least 5 out of 11 blight factors to justify a designation.

The planning commission presentation claims the land meets 9 out of 11.  A striking figure, considering the area’s size and federal legacy.  The City Council has yet to vote this as a new urban renewal project so it is not yet officially blighted.

Additionally, the deed and the developer both mention an underground storage tank that leaked VOCS and MTBE.  However, do we know where this underground storage tank was located on the DFC?  Historical government documents tell a different story.  They reference TCA, TCE, DCE and never mention MTBE.  Building number at the Denver Federal Center changed over time, so: is the tank even in the location cited?  Is it the same tank?

(Editors note: You can research underground storage tank locations at the EPA website)

If the full report acknowledges multiple land use restrictions, how did the Lakewood Planning Department approve this development, phased or otherwise?

The Missing Piece: Where’s the GAP Analysis?

The gap analysis is supposed to justify public financing tools like TIFs. It reveals whether costs; such as contaminated land, demolition, or regional infrastructure make a project financially unfeasible without help.

But in this case, no gap analysis exists.  A Colorado Open Records Act (CORA) request was made.  Below you can see the response from the city of Lakewood.

Records request to Lakewood asking for GAP analysis for financial planning. City responds that there are no responsive records
Records request to Lakewood asking for GAP analysis for financial planning. City responds that there are no responsive records

This is especially alarming because contamination at the DFC is well documented – and (contamination) has even been used to justify TIFs in other cities (like Castle Rock and the Gates property at Broadway & I-25).  Additionally, I am not sure why the Lakewood Planning Department would think the Federal Government would do a gap analysis on private property for a potential Lakewood Urban Renewal project.

Finally, one final question is what portion of the land is the development planning on giving the city for parkland dedication?   Per the latest ordinance, hazardous land cannot be given to the city.  This means that the landfill area with the “no ground disturbance restrictions” cannot be dedicated for parkland.  Yet another reason to do a gap analysis to determine what amount of money this will cost the developer, city, taxpayers etc.

Water Woes: The Lawsuit You Should Know About

Lincoln Properties has been trying to obtain a commitment to water and sewer service from the Green Mountain Water Board (GMWSD)  since approximately July 6, 2023.  Because a decision has not been made, Lincoln Properties has filed a lawsuit against the Green Mountain Water Board.  In court filings from Jefferson County District Court, Lincoln claims that the district has withheld service, or at least failed to act, on its application for water and sewer hookups since July 6, 2023.

GMWSD did receive a 74 page environmental report from Trihydro in August of 2024. However, no new testing has been conducted since the board could not decide how to proceed, including no testing for the 26 chemicals in the consent decrees.  I attended the April 8, 2025 board meeting and spoke during public comment.  In short, I explained I am not anti-growth but rather I am for common sense growth.  Lakewood will not go back to being the bedroom community we were years ago. 

The northern piece of the property has a build restriction and the entire property has a groundwater restriction. There are additional questions that need to be answered:

  1. Is the plan to build lot line to lot line like other recent projects in Lakewood?
  2. Is it possible it will be disturbed during Phase 1?
  3. Has the southern portion of the land been tested for 26 chemicals in the consent decrees?
  4.  Is the northern portion clearly delineated at the surface on this property?  In other words, when the earth-moving equipment gets on site will they inadvertently disturb the northern portion of the land because they are unsure where the northern portion is?
  5. If no, are there plans to fence off the northern portion?  Plans to cover the land with something so that the soil is not disturbed in any way?
  6. Has the northern portion specifically been tested for the 26 chemicals (12 of which are known to cause cancer) that were listed in the consent order back in 1996 and 1997?  If not, why not?
  7. The developer has said well if we come across something we will stop what we are doing.  The problem with this statement is that unless there is a 50 gallon drum or something is discovered the presence of chemicals will be invisible.  Why take that chance?

It will be interesting to see how the GMWSD court case plays out.  City Council is meeting on this topic during a study session on April 21, 2025 which is a virtual meeting.  Per the agenda and the accompanying materials, they will be learning about metro districts and TIFS.  Additionally, the builder is seeking guidance from the city on availability of sewer services from the city.   How much is that going to cost the taxpayers of Lakewood?

As you can see, there are a lot of unanswered questions that need to be answered.  Maybe it is safe to build and maybe it is not. The community deserves these answers now versus 10 years or more down the road.  Will City Council listen to their constituents or just rubber stamp yet another project?

Please Note, the author did send an email on April 7th to the Mayor and City Council requesting to talk about this project.  No one has yet to respond.

Important Upcoming dates:

April 21st at 7pm – Virtual Study Session with City Council and the Lakewood Reinvestment Authority (LRA)

May 8th at 6:30 pm – Screening of the movie “Half Life of Memory, Rockleys Event Center 8555 W Colfax Ave, Lakewood, CO 80215.  This event is free!

May 12th at 7 pm – City Council Meeting, 400 S. Allison Parkway, Lakewood, CO, 80226.  7pm  Public Hearing for the 1.) Creation of Urban Renewal District 2.) Creation of Metro District 3.) Approval of parkland dedication including improvements in-lieu of a site greater than 15 acres.


For professional level aerial photography, contact Lakewood local, StratusDrone at Dylan.stratusdrone@gmail.com

 StratusDrone at Dylan.stratusdrone@gmail.com

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