Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

Nystrom

Second Zoning Ordinance Passes in a Desperate Rush

Second Zoning Ordinance Passes in a Desperate Rush Lakewood City Council adopted zoning sections 1, 2, 4, and 5 in a desperate rush that lasted until 2:30 AM, brushing aside pleas to adjourn and take more time for review to reconvene at a reasonable hour. The final vote followed: About three hours of public comment About three hours of council debate 34 amendments discussed Several denials of substantive changes The zoning vote didn’t even begin until around 11 PM, which is the time council typically adjourns. From that moment on, amendments came in rapid succession, but when anything meaningful surfaced, someone, typically Councilors Low or Mayott-Guerrero, shut discussion down because it was not the time for substance. Although few to begin with, any amendment that could have had an impact was defeated. By the time the ordinance passed at 2:30 AM, bleary-eyed councilors had pushed through a highly anticipated but largely unchanged plan. This vote showed that even though there was rhetoric from some Councilors about taking time and listening to residents, approval was a done deal. A Night of Symbolism, Not Substance The first amendment set the tone for the night. Councilor Sinks proposed a feel-good goal about “working toward homeownership.” It wasn’t binding, just aspirational, and even that failed. Throughout the night, councilors debated minor wording changes while dodging big-picture issues. At one point, Councilor Mayott-Guerrero bluntly asked staff, “So does this do anything?” The answer: “No.” The takeaway: most amendments were political window dressing, not policy shifts. Passage Highlights Council’s Predetermined Path The sheer volume of amendments revealed just how unprepared the code may have been. Many changes corrected errors or reversed recent decisions—like minimum lot size and setback rules that had been approved just weeks earlier. The public was not able to review or comment on any of these amendments. Still, nothing altered the trajectory: higher density, fewer restrictions on development, and a zoning overhaul designed to move forward no matter the objections. Mayor Strom signaled the strategy in an interview, saying “big issues” would be postponed until later to ensure passage. Councilor Low reiterated this unofficial policy, saying that Council has been talking about zoning for months and there shouldn’t be complex amendments at this point. The strategy played out in real time, as council rejected or watered down anything remotely impactful. In other words, and as residents have complained, it’s a “done deal” by the time it gets to public vote. Residents’ Concerns Addressed in Name Only Amendments seemed more aimed at appearances than solutions. For example, several amendments were made to increase transparency. Written justification for discretionary decisions will now be posted online. But while transparency is good, DISCRETION was the issue, not transparency. Residents are concerned about the many areas where decisions are made by one unelected bureaucrat. That core issue remains unresolved. Transparency without accountability is meaningless. In fact, a motion by Councilor Paula Nystrom to grant Council the ability to review Major Site Plans died for lack of a second. No one else on Council took the opportunity to address the core issue of discretion by adding Council review and accountability, even if the concept needed additional discussion. Another example involves waiving city fee for housing projects, which is a sore point for some residents. Instead of rethinking the policy, the council opted to simply post a justification online. A brief victory for the public came when council initially voted to require a special-use permit for pickleball courts in residential areas, only to reverse the decision 10 minutes later. One last example: an amendment calling for a comprehensive report on the effectiveness of the new zoning code was made by Councilor Nystrom. Councilors Rein, Isabel Cruz and others watered it down until it was not comprehensive and could not suggest there was any reason for a report. The worry was that asking for a report implied there might be problems to report on. In other words, the present-day City Council protected itself from anyone finding any problems in the future. A Late-Night Sprint By the end, fatigue was palpable. Most of the public had left by the time Council started deliberating at 11 PM. Council had the option to table the motion at any point, which meant discussion would pick up where they left off, so no repeat would be necessary and there would be no time lost. Council procedures mandate that a decision to continue the meeting start at 11 PM in order to maintain reasonable hours. Despite this, Council started the discussion without a check-in and continued far past normal. Councilor Low used the late hour as a reason to skip deeper discussions. Staff were scrambling for reasonable suggestions when fatigue set in. Discussion was curtailed starting at 12:30 AM with multiple “call the question” votes. Councilor Sinks motioned to adjourn at 1:30 AM. That call was rejected. The majority pushed ahead, determined to pass the ordinance. Councilor Mayott-Guerrero argued that public supporters had been organized for this meeting and it would be “irresponsible” to stop. No one mentioned the grassroots residents who showed up without City Council organizers, who felt Council was irresponsible to continue the meeting so late on items the public couldn’t review. The majority who voted to push on were Strom, Rein, Mayott-Guerrero, Shahrezaei, I. Cruz, and Low in a 6-5 decision. Councilor Rein’s vote was key to moving this forward, even if eventually he voted down the measure when his vote was not critical. The Nature of the Changes Here’s what came out of three hours of amendments: 5 amendments on trees, solar panels, parks, and other sustainability-related items 4 amendments for transparency without accountability 4 amendments rephrasing items resulting in no change 3 amendments that were too substantial to consider 4 amendments that reversed prior decisions 4 times the question was called One of the biggest changes the public couldn’t preview may be the shift to make Lakewood multilingual, or at least bilingual, for physical mailings. This is a big policy

Latest Amendments

Latest Amendments Below is a summary listing all the amendments discussed on September 8, 2025, to accompany the general meeting description. These are in addition to the amendments found on LakewoodSpeaks, which are also additions to the many changes that were made before. Amendments have been constant. Residents were unable to preview these. Councilor Sinks suggests adding a goal for home ownership. Failed on first try Councilor Ken Cruz made an amendment to protect the tree canopy and increase green resilience. Passed unanimously. Councilor Ken Cruz suggested another amendment to say that the zoning code is not retroactive. Passed unanimously. Councilor Roger Low restated the amendment from Sinks so that it passed unanimously. Councilor Nystrom suggested an amendment to mandate staff create a report detailing affordable housing generated from the zoning. Such “lookbacks” are common but don’t often generate results or change. Nevertheless, Councilor Mayott-Guerrero argued vehemently that staff don’t have time to do this level of review. Councilor Isabel Cruz said Nystrom’s amendment suggests there will be problems that need to be reviewed. Reasons to have a lookback needed to be taken out and reframed so that future Councilors remain neutral. Nystrom’s amendment took 3 votes to pass. Mayott-Guerrero argued that looking for a specific list of things of concern suggests there is something to be concerned about. All hints of concern needed to be deleted before finally passing the amendment to have another ineffective and neutral lookback pass unanimously at 11:25 pm. Councilor K. Cruz made an amendment to have written justification for any waivers granted by the Director. This motion was only for waivers, not for other matters that rely on Director’s discretion. Director Travis Parker says this is already standard practice. Passed unanimously at 11:30 PM. Councilor K. Cruz suggested an amendment to clarify the Director’s ability to grant waivers so that park property can be used for non-park purposes, like fencing. Mayott-Guerrero asked staff bluntly, “so does this do anything?” Answer, “no.” Passed 8-3 at 11:41 pm. Councilor Nystrom made a motion to delay the ability to cut down trees until the development is going to start. But as proposed, the language suggested that existing homeowners would need permits to cut down sick trees, which was a problem in previous versions. Motion fails with only Nystrom voting for it. On second try it passes with only Low against. Nystrom moves another amendment regarding the fact that Lakewood waives fees for certain projects in the name of the public good. Nystrom wants written justification for such decisions posted on the website.  Such justification is already made. Passed unanimously. Councilor K. Cruz moves that all public notices be posted on the website and that physically mailed notices be multilingual. Passed unanimously at midnight. Councilor Nystrom made an amendment to include public information on the preplanning application review that after completion. Again, not for any public action, just to make information public. Councilor Shahrezaei had researched this topic and said that similar proposals had been rejected several times before because of the amount of work for Council and staff on answering questions for projects that don’t get completed. Motion failed at 12:17 AM with all of Council voting against it except for Nystrom and K. Cruz. Councilor Nystrom motioned an amendment to grant Council the ability to consider any Major Site Plan within 17 days of the Directors decision for public hearing. This amendment is actionable by the public and Council, not just a transparency item, and it is in place in other cities. The motion failed for lack of a second. On a second try, the motion was seconded and discussed. Councilor Furman said he thinks this may allow Council to make arbitrary decisions. Low says this leads to weaponization of NIMBYism and would chill development. Shahrezaei called the question for the first time that night on this issue. Motion fails again at 12:30 AMwith nays being almost everyone – Strom, LaBure, Rein, K. Cruz, Mayott-Guerrero, Shahrezaei, Sinks, I. Cruz, Low and Furman. Nystrom suggested an amendment to have additional environmental assessments for development that impact parks. Mayott-Guerrero expressed concern for how much work this would be for staff. She says delays could affect government funding and that she is working for government funding. There was no dissenting discussion to show it’s not just a timing issue; this decision prioritized development over the environment. Once the site plan is approved, it is hard, if not impossible, to get a new plan based on environmental considerations. Director Parker says it may not be possible to meet Prop 123 deadlines when having an environmental review. Motion fails at 12:42 AM with only Furman and Nystrom in support. Councilor Sinks made a motion for pickleball courts require a special use permit in residential areas but allowed outright in commercial and light industrial areas. This amendment would keep pickle ball noise away from residential areas. Mayott-Guerrero says that’s not a good idea. Low and Rein needed more information. Motion fails the first time. With modifications to remove express allowances in commercial and light industrial areas, the motion passed 8-3 at 12:58 AM. Nays were LaBure, Mayott-Guerrero, and Low. Councilor Sinks made another motion pickleball and sport court use definition. Low says it is too late in the process and too late at night to consider this. A motion to call the question passes. Motion fails at 1:05 AM 5-6 vote. Amendment 20 negated the first pickleball motion so there was a motion to reconsider. The pickleball court amendment was then repealed at 1:10 AM in a 10-1 vote. Discussion sped up after this point. Councilor Isabel Cruz motioned for plant nurseries to be allowed in R-L-B and R-L-C zones as a special use. There was no discussion. Unanimous approval at 1:12 AM. Councilor K. Cruz made an amendment so that roadside stands can include produce from other properties. The original motion failed. The motion was reworded to have produce from the host property be labeled as such. This made produce

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