Lakewood To React to HB23-1255 – Growth Restriction Law

On August 7, 2023, Lakewood City Council will decide on how the city will react to the state passage of HB23-1255, titled Regulating Local Housing Growth Restrictions. This state law would effectively overturn the votes of Lakewood’s residents.

The Strategic Growth Initiative, which Lakewood called Residential Growth Limitation, was adopted as Lakewood Municipal Code 14.27 in 2019.

Lakewood City Council Members have all acknowledged the deep feelings residents have for this issue, both for and against. Many Members have acknowledged a will to honor the votes of the residents, despite personal feelings. The question is, what can Lakewood do?

On July 24, 2023, City Council approved a first reading of proposed Ordinance:

“This Ordinance would readopt Lakewood Municipal Code 14.27 as a temporary, nonrenewable anti-growth law for the purpose of developing or amending land use plans or land use laws covering residential development or the residential component of a mixed-use development for a term not to exceed twenty-four months from the effective date of this Ordinance, with the intent that such new land use plans may be incrementally enacted, but will be fully enacted within twenty-four months from the effective date of this Ordinance, such temporary, nonrenewable anti-growth law attached hereto and incorporated herein, all in conformance with C.R.S. § 29-20-104.2, without waiving any Constitutional objections to C.R.S. § 29-20-104.2.“

There are multiple options Lakewood could take. Those options, as shared with City Council, include:

Option 3 appears to be in line with the ordinance that passed first reading (above). Option 3 involved “action by ordinance” which requires time for posting and public notice, even as an emergency ordinance. That requirement is now satisfied.

Options 1 and 2 can be passed through a simple motion. In other words, they can be approved and take effect immediately after voting, without the first reading required by option 3.

With the requirements of option 3 completed, and other actions being simple, all three options are currently viable for action.

These options will be discussed and potentially voted on at a virtual Council meeting held August 7, 2023.