Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

public hearing

Hearing Dates Changed for Zoning

City Council decided to break up the zoning code into four separate public hearings. There will now be 4 separate ordinances that will have second readings on separate dates. Council expressed the strong desire to have voting completed BEFORE the November elections. These changes are big enough to be an election issue, but City Council is taking that off the table by guaranteeing that residents’ votes will not matter for zoning changes. The new dates for second reading are: The original motion was to delay the second reading and also break up the code into digestible pieces. There was more talk of making the code easier to understand than there was of making changes, but the break-up was mostly agreeable. However, with some Councilors disagreeing with the delay, that was changed to maintain a second reading on the Aug 25 date for the first piece. It is unclear if Council is hearing opposition from residents or whether Council believes people just don’t understand what’s going on. “Education” was mentioned several times. Councilor Low read off many city “touchpoints” that would indicate everyone had been informed enough, and any delay was unjustified. About half the council, including Councilors Mayott-Guerrero and Shahrezaei, argued that people were expecting the second reading on August 25 and may not understand that the dates had changed so that wasn’t an option. In reality, even this first reading was delayed due to pressure against these sweeping changes, so that argument was unconvincing. Several Councilors mentioned that they had to have the final vote before elections. So the final opportunity to vote would be a special meeting November 3. No one seemed willing to let this issue be settled as an election matter or be voted on by new councilors. Deputy City Manager Ben Goldstein said that new maps will be available as of Tuesday, August 12, 2025, on https://www.lakewoodtogether.org/zoningupdates. Until now, there was no map that was clear enough to see individual neighborhoods for people to see how changes would affect them.

Likely Defect Identified in Planning Commission Software

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

Mark Your Calendars for May 7 to Speak for Belmar Park

From savebelmar.org At long last the date for the Lakewood Planning Commission to hear the review of the major site plan of 777 S. Yarrow St has been set. MARK YOUR CALENDARS FOR MAY 7. We will need everyone available to pack council chambers. You can: OR Donate your time to a speaker who would need more than 3 minutes It is STRONGLY RECOMMENDED that everyone who has a comment, whether they speak or not, enter their statement on Lakewood Speaks at Lakewood Speaks – May 7, 2025 Planning Commission Meeting. Submit comments before 5 pm day of. It would be beneficial to tie your comments to a section of the zoning code. For example, Article 17.2.7.2: Review Criteria states that: Recommendations and decisions regarding site plan applications shall be based on the following criteria: A. Major site plans shall comply with standards outlined in Articles 3, 4, 5, 6, 7, 8, and 10 of this Zoning Ordinance. B. The Director shall evaluate how well the proposed modifications contribute to the overall performance of the site and how well the proposed changes meet the standards in Articles 3, 4, 5, 6, 7, 8, and 10 of this Zoning Ordinance. Let’s see how well these standards are met: under Article 17.3.1.1: Purpose and Intent This Article describes each zone district established within the City of Lakewood. The purpose of the various districts is to: A. Ensure compatibility of land uses Is this requirement met with a 5-6 story apt complex directly adjacent to the lake? Article 17.3.4.1: Purpose and Intent The mixed-use (M) zone districts are specifically intended to: C. Maintain the integrity and viability of the adjacent residential neighborhoods Is this requirement met with a 5-6 story apt complex adjacent to the 1 and 2-story townhomes at Belmar Commons? Article 17.4.1.3: Determination of Use B., the Director shall consider, among other relevant factors, traffic generation, density of population, and hours of operation of the proposed use as compared to: 3. The goals and policies set forth in the Comprehensive Plan. The Comprehensive Plan states “Through the site plan review process and design guidelines, ensure that new multifamily, mixed-use, and commercial developments adjacent to single-family neighborhoods are compatible by incorporating appropriate design, scale, height transition, and connectivity to seamlessly integrate with the neighborhood.” Is this requirement met with the 5-6 story apt complex? Page 196 of the Comprehensive Plan reads Lakewood Sustains Guiding Principle Lakewood will be a leader in sustainability principles, practices, and education. Lakewood is committed to the well-being and health of its citizens and environment. The city will reduce its impact on natural systems It is the goal of sustainability to achieve balance between the economy, the natural environment, and social values; however, human society depends on the environment first and foremost in order to achieve social and economic sustainability. In other words, without a healthy environment, a community would be unable to achieve economic success and social well-being. Are we promoting sustainability and a healthy environment by cutting down 65 trees and degrading the environment? Declining bird populations will now have to endure noise pollution from construction, window strikes from 6 stories of apartment units, and reduced habitat from tree removal. Article 17.4.1.4 : City Owned Open-Space and Parks City-owned land which is used or held for open-space or park purposes shall not be permitted to be used for any purpose other than open-space or park purposes. Is the developer staging equipment and/or regrading part of the park adjacent to the site? Article 17.6.5.8, 17.7.7.7: Existing Tree Preservation A. Existing trees with trunks greater than 8-inch caliper, measured 1 foot above grade, within a development shall be preserved to the extent reasonably feasible and will help satisfy the landscaping requirements of this Section. Such trees shall be considered “protected” trees within the meaning of this Section. Streets, buildings, and lot layouts shall be designed to minimize the disturbance to protected trees. B. The Director shall determine through consultation with the City Forester when it is not feasible to preserve and retain protected tree(s) or to transplant them to another on site location. If it is determined that it is not feasible to preserve or transplant protected tree(s), the applicant shall replace such tree(s) according to this section. Replacement trees shall be used to satisfy the tree planting standards of this Section. Has this requirement been met? Was the site plan designed to preserve mature trees? Not if the plan is to remove 65 mature trees. Article 17.13.1.1: Purpose and Intent This Article establishes standards for sustainable development in the City of Lakewood. The purpose of these standards is to ensure that development implements the goals articulated in the community’s adopted plans for resilient and efficient development that is adaptable to infrastructure changes in the face of climate change, minimizes its impact on limited resources, contributes to communitywide greenhouse gas emissions targets, and becomes a positive asset within the community. Does extensive tree removal and consequent habitat removal satisfy sustainability standards? Use one or more of these articles in the zoning code to frame your concerns about the 777 S. Yarrow St development. Belmar Park is NOT an amenity for 777 S. Yarrow St! See you on May 7!

Public Hearing for Massive Belmar Park West Housing Project Announced

From savebelmarpark.com 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. If you submit a comment online or in-person, we suggest you specify to which specific section in Lakewood’s Zoning Code or Comprehensive Plan your comment is relevant. Simply submitting a general comment without linking it to the Zoning Code or Comprehensive Plan may result in your comment being disregarded or misinterpreted. If you can afford to hire an attorney to help formulate your concerns and possibly submit your concerns on your behalf, that would be excellent.  This is a quasi-judicial hearing which closely resembles a court proceeding rather than a city council meeting. You may also view the hearing online at LakewoodSpeaks.Org Please feel free to attend and comment in-person.  However, since Lakewood is not consistent with transferring oral comments into the public record (other than archived videos), you may want to also submit your comment online which allows you to verify the comment was accepted.   If you attend in-person, keep in mind a quasi-judicial proceeding is similar to a courtroom so applauding comments or cheering comments could get you removed from the chamber or other negative consequences could accrue.  The hearing concerns whether the large housing project at 777 S Yarrow Street adjacent to Belmar Park in Lakewood, Colorado should be approved. If the commission approves the major site plan, there could be a legal challenge to that decision raised in a court of law because some citizens have funded a charity that has retained an attorney and stated its intention to raise such a challenge if necessary. Having comments submitted from informed citizens who explain how the major site plan fails to comply with the zoning ordinance and/or comprehensive plan could possibly be utilized in such an appeal, especially if such comments are researched in advance by your attorney in order to improve the legal impact and clarity of your citizen comments. Assuming there is a future appeal in a court of law, any comments you submit to the Planning Commission could eventually be rebutted by the developer’s lawyers so comments that have been legally vetted by your attorney may be more effective. Because any attempt to introduce additional evidence will likely be rejected at the appeal level, it is important to get all relevant documents and comments into the hearing record on May 7.  You may upload one document per comment. You can rely on the fact that the developer will have top notch legal representation at the hearing.  It is up to the public to debunk the rosy presentation those attorneys may make on behalf of the developer. Some developers find advocates that can make almost any type of project sound like a dream come true.  That could be the type of presentation the public will be up against on May 7th. Therefore, especially if you have a legal background or can afford to enlist legal support, please step up now and prepare to make your best argument to the Lakewood Planning Commission.

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