Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

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Lakewood Passed the First Sections of the Zoning Code

Lakewood Passed the First Sections of the Zoning Code   The first portions of the new zoning code have already been passed as of August 25, 2025. Before then, public opposition caused City Council to delay the vote for two weeks, because the final version wasn’t ready on time and the public wanted adequate review time. But opposition was ongoing. Finally, City Council voted to break the approval into four parts, amidst public talk of third readings. These actions comforted residents with the thought they would have more time to change Council minds. Those residents were wrong. The first sections, 6-14, were passed without delay. No Council Member suggested a third reading was necessary and no one suggested tabling discussion for a fresh meeting despite the late hour of the proceedings (final vote was around midnight). Every member of council approved an amendment making it clear that single-family zoning was eliminated in the definition to “residential”. These changes started the densification process already. These votes showed that the delays and speeches were political ploys meant to appease residents, rather than make substantial change. As stated above, when the proposed code was broken into separate hearings, it was understood that the whole code must pass together or the entire legislation would fail. It was written as a whole, by a contractor, with instructions to increase density. It would be difficult to enforce the newly approved sections without passing the rest of them. Passing one set practically guarantees the rest will be passed just as quickly. During approval, a total of 10 amendments were made that the public could not comment on because there was no public notice. None of the amendments were substantive changes to the overall high-density plans of the zoning code. This one single hearing means approval of elimination of single-family housing and parking minimums. The votes for the amendments ranged from unanimous to 8-3, with details below. The final vote approving all sections 6 through 14 passed 8-3 with no further discussion. Nays were LaBure, Rein, and Nystrom. No reason was given for any support or denial of the motion. Amendments made Councilor Nystrom made an amendment on the details for special glass to be used in new buildings to protect against bird strikes. Interesting notes were that many Councilors had questions about this amendment and pointed out the lack of data, the contradictory data, or the number of more effective alternatives. This is emblematic of the most details in the zoning code. Mayott-Guerrero pointed out that if the data shows that this won’t help birds, then why do it? (The same thought “why do it?” could be said of the entire zoning code change, which data shows is not effective for affordable housing.) This bird strike amendment passed 9-2 (nays being Shahrezaei and Mayott-Guerrero) Mayor Pro Tem Shahrezaei suggested an amendment related to parking lot islands to add an option to allow for drought-tolerant plants. Shahrezaei says she’s concerned by all the sprinkler system usage along Colfax. After only 30 seconds of discussion, there was unanimous approval of the parking island amendment. Councilor Ken Cruz made an amendment to allow on street parking to count for developer credit towards any requirements, only where it can be proved safe. This discussion proved slightly longer, with one minute of congratulations, before there was unanimous approval. Interesting to note on this item is that the public documents available show that there was a change between the redlined and final version of the code so that the words “may be counted toward the minimum number of parking spaces required only if spaces are new, indented parking outside of the lanes of traffic” were eliminated. The new amendment takes the place of the safer provision that was there to begin with.  Councilor Ken Cruz made another amendment to require sites that will have three or more homes on one lot to share a driveway… unless sharing driveways don’t work. Councilor Low says this was aimed at “cottage court” configurations and would necessitate driveways for people who don’t need them because they don’t have cars.  Councilor Nystrom pointed out that there were several neighborhoods in Lakewood that were not suitable for on-street parking. She asked to make sure that property will not be developed without the required off-street parking in those areas. Staff answered that parking is not required in transit areas. Since that doesn’t answer the question at all and has built-in assumptions that transit areas will have no parking problem, this was a significant dodge by Director Travis Parker. Mayor Strom points out that banks require parking and Lakewood will now be relying on banks to make parking happen. The amendment passes 8-3 (nays being LaBure, Mayott-Guerrero, and Low). Councilor Roger Low suggested an amendment regarding the timing allowed for natural disaster repair. The amendment was drafted during the meeting, in response to a suggestion made during public comment by Karen Gordey, who pointed out that 18 months was not long enough time to rebuild from a disaster.  The amendment increased the time allowance up to three years in some cases. There was a lot of discussion about this amendment because there were problems like this during the Marshall fire. At that time, people asked to rebuild the way their houses were, not having to build them to new sustainable standards, which were considerably more expensive and required permits to bypass. That amendment passed 9-2 (nays being Mayott-Guerrero and I. Cruz). Mayor Pro Tem Shahrezaei made an amendment to the exemptions granted to affordable housing developers with regards to sustainability provisions. With the amendment, the definition of affordable housing changed from 120% AMI to 100% AMI to match Prop 123. (To better understand this amendment, please research Prop 123 and the expensive “EDM” sustainability measures that Lakewood now requires on all new buildings.) The final amendment passed unanimously with no discussion. Shahrezaei made another amendment to change religious institutions to make sure “schools” include vocational schools and universities. In other

Kinney: Interview with Mayor Strom

Kinney: Interview with Mayor Strom Lakewood Informer contributor Jim Kinney interviewed Mayor Strom on the new zoning changes. The changes are sweeping and, as Kinney points out, they are “bold” and “imaginative”. Just eliminating single-family housing will impact 75%-95% of Lakewood property, and that’s just one provision. Kinney examines the consequences of these changes. Thanks, Jim, for your participation in local news and thank you, Mayor Strom, for your willingness to go on the record with Jim. Bold and Imaginative – Eliminating Single-Family Per State Law Starting the conversation with “why make these changes now?”, Strom answers that the time is right. “We just finished with our Comprehensive Plan process, that was the vision…. The zoning code is the tool.” Kinney says Lakewood’s zoning resolution uses words like “bold” and “imaginative” when he was thinking “slow” and “careful.” Lakewood is currently the only city in the state eliminating single-family throughout the entire city. Strom says Lakewood got an early start because of the comprehensive plan (passed unanimously July 28) and the resolution to change zoning (approved 10-1 by resolution using “bold” and “imaginative” in December, 2024). Strom says, “The elimination of single-family housing is tricky because it wasn’t necessarily actively eliminated, so much as the state eliminated the cap and by virtue of that, the other zone categories were not as accurate.” She continues, “It wasn’t an intentional removal of anything, it was purely ‘How do we address state law.’” Single-Family Housing in Name Only When Kinney asks if eliminating single-family housing will eliminate a wealth-building mechanism, Strom replies that single-family housing is “in name only”. She says this zoning change just matches what people are doing anyway. She then segues into the process for zoning changes, including developing a comprehensive plan and incorporating state law.   Strom says that the biggest concern right now is not single-family but limiting the number of people that can live in a home by limiting square footage.  Currently, Lakewood allows an 18,000 square foot house in some places. Lakewood is trying to get that number down to 4,000 square feet across Lakewood, rather than per unique neighborhood. The current zoning code does not allow 18,000 sq ft, 30-bedroom homes for MULTIPLE FAMILIES because they were zoned single-family. The 30-bedroom McMansion problem is a creation of the new zoning code. Strom says she doesn’t know if people will want to buy property in Lakewood under the new zoning code yet, but feels addressing the square footage problems puts Lakewood ahead of challenges. Real Estate Effects Kinney notes that realtors have already lost contracts because Lakewood is eliminating single-family. People shopping for homes know that the house next door could now be turned into a multi-family home. Strom was unable to reply directly but said that if other cities decide to eliminate single-family in future, those cities may not consider the 10,000 square foot problem. She says the zones should keep buildings similar in size to what’s there now, if not in usage. The current zoning code and comprehensive plan also claim to maintain neighborhood character. This argument was made and dismissed in the Belmar Park case. What Makes Lakewood Different Than Other Failed Zoning? Kinney asked how Lakewood will be different from all the other cities that failed to produce more housing through zoning. He cites a study by the Urban Institute that examined the results of zoning changes implemented in 1,136 cities over the last seven years. From the Urban Institute As a former City Council Member of the first city to try this said, the study “showed zoning changes across 1,136 cities resulted in less than a 1% increase in [cheap and abundant] housing supply.” Housing supply is the reason for the proposed zoning changes in Lakewood. Strom replies that the zoning changes themselves will not move the needle on “affordable housing”, which is a legal term. She says this will help “attainable housing” or “workforce housing.” NOTE: See “Lakewood Commits to More Housing Under Prop 123” for more information on “affordable housing” and the only defined housing crisis in existence. Home Rule On standing up for home rule, Strom expects cities to lose the home rule cases pending in court. She points out that the Governor has said for over three years that housing is a statewide concern, not a local issue. She also says that Lakewood already incorporated all the high-density elements the state asked for in HB24-1313 so that’s not a consideration. Only the new state parking requirements in HB24-1304 are an issue for Lakewood. As for the parking, she feels Lakewood can sacrifice required parking because banks will ask for it anyway. Strom feels Lakewood is “letting the market decide on parking.” This issue remains confusing because in previous discussion, Strom says the city is accommodating state law by eliminating single-family zones. She references following state law several times in general, but during this discussion on state law, it sounds like Lakewood has decided independently to take action on parking outside of state law, in order to follow state law. No further clarification was possible in the time allowed. When Kinney asked about the funding tied to state law compliance, Strom claimed she did not know any details. Oversight Kinney asks what oversight provisions there are in the code in case staff do not implement as envisioned. Kinney says there are a lot of places in the code where the decision gets made by the Director. Strom replied that there is a limited amount of staff discretion built into the code. The larger decisions already go to the Planning Commission for a public hearing. City Council will not be a part of that oversight, but can change the code when necessary, like when they changed the parkland dedication provision. The explicit duties of each party in the new zoning code are provided below. Note that there are many more discretionary items explicitly defined in each zone section. Public Funding Kinney says that research shows that the biggest

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