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January 4, 2024 ADVERTISEMENT

Controversial Building Proposal in Lakewood Is About More Than Birds

The Dec. 24th Sunday Denver Post had a lengthy article on its business pages about a 412-unit apartment building being proposed by a Texas developer for a 5-acre site adjoining Belmar Park (see satellite image at right).

The focus of the article was on the birders who are fighting the project as best they can, given that the public and city council have no say in Lakewood when it comes to development.

That’s right — no say in any proposal to build on private property so long as it complies with zoning. The City Council doesn’t even have a say on subdividing land, although it’s a review body for appeals on major subdivisions. This project is on a single 5-acre owned parcel and, because it’s zoned multifamily, the owner could build a 12-story apartment or mixed-use building if he wanted. The developer, Kairoi Residential of San Antonio, is proposing a 6-story apartment building — still taller than most buildings in downtown Lakewood.

The City of Lakewood has ceded all regulation of such projects to its planning department. The planning director could, if he wanted, submit this project to the city’s planning commission for hearings and debate, but he has chosen not to, despite the controversy.

Anita Springsteen (below) served a 4year term on the Lakewood City Council through November. She decided not to run for re-election because the council has no power. Once she was told by the city attorney that council members are like citizens and that she had no more right to the information she was requesting than an ordinary citizen.

One such citizen, Mark Smith, made a Colorado Open Records Act (CORA) request for such information and was told that it would take 149 staff hours to produce the information and would cost him over $5,000.

Mark is a retired city planner and he said that he knows of no other jurisdiction which provides literally no public process for approving significant development proposals. The City of Golden has a process that could be a model for Lakewood and any other city. Check out

guidinggolden.com/planning-projects for inspiration. It includes a process for councilors and citizens to have a voice.

Lakewood has an ordinance requiring any developer to set aside parkland in proportion to 5 acres per 1,000 added population. For the Belmar Park development, that formula should require 3.5 acres, but the entire parcel is only 5 acres, so the director of community resources is allowing the developer to pay the city $254,545 per acre in lieu of that requirement. Again, no public or legislative say in that decision and, of course, no hearing. The planning commission would hold hearings; the planning director just decides.

Anita Springsteen moved that the city manager deny the in-lieu fee, but Mayor Paul said, “I’m not going to allow a vote on an illegal motion.” How is that?

In recognition of local concerns, the developer announced a 2-month “pause” on October 18 to allow for a “neighborhood meeting.” That meeting, as de-

The big story here is that Lakewood has no public process for controlling development. scribed on the planning department’s website consisted of up to 3 members of city government, 3 representatives of the developer and 3 residents of Belmar Commons, a 45-unit townhome community closest to the project. It was unannounced, and no recording was made.

Instead, facilitator hired by the city took notes. Those notes did not include the names of any of the attendees.

The planning department’s web page for the project says bluntly, “This property has had this property right to build multistory uses for a long time, and courts have been quite clear that elected officials and cities can’t impinge or impede a private property owner’s property rights allowed under a ‘use by right.’ Courts have viewed efforts to do this as a ‘taking’ of property rights.”

Further, the web page says that “the proposed development will occur solely through the administrative process managed by the Planning Department.

That means the Planning Department

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will review the development to ensure it is meeting the city’s regulations for setbacks of the building, heights, green space requirements, landscaping, etc.”

In 2019, Lakewood’s voters approved the Strategic Growth Initiative which imposed a 1% growth limit, patterned after a similar law in Golden. That law also included a provision that projects of 40 units or more should go to the city council for approval, although that has not been followed, as far as I can tell.

In the wake of 2023 legislation outlawing growth limits statewide, the city council repealed the Strategic Growth Initiative and then re-passed it with a 2year sunset provision, meaning that it dies unless the council (or voters) vote to retain it. Curiously, the new law retained the 1% growth limit, but it sunsets along with the rest of the law in 2025. I asked why the 412-unit Belmar Park project doesn’t violate the 1% growth limit. It’s because the original designation of the downtown/Villa Italia district as “blighted” exempts that area from the limitation, even though it’s hardly blighted nowadays.

By now you’ve probably guessed that the majority of city council members are pro-growth or even pro-developer.

I interviewed Ramey Johnson, who served on Lakewood’s city council from 2010 to 2020, and she couldn’t think or any jurisdiction in which the governing body has ceded its authority over development to administrative staff the way Lakewood has. “It’s wrong,” she told me. She says that council has incrementally relinquished its power to administrative staff over many years.

She told how in 2003, in response to “angst” over CCU students living in residential areas, council passed an ordinance defining a “Student Living Unit.”

When the zoning ordinance was rewritten in 2012, Ramey noticed that definition had been deleted without pointing it out to the city council. Travis Parker, the director of planning, responded, “It wasn’t needed anymore.”

“The staff simply took out something that was voted by City Council,” Ramey said. “What else was deleted?”

Lakewood has among the lowest paid elected officials and highest paid staff of any city its size. City council members make $12,000, the mayor makes about $40,000, but the city manager makes about $350,000 (with benefits), and the department heads, like Parker, make over $200,000. Council members have no staff and no expense accounts. “We even have to buy the coffee for our ward meetings,” Anita Springsteen told me.

“This is a recipe for corruption,” She has studied the campaign finance disclosures of her fellow councilors and the mayor and told me that the lawyer representing the developer made a campaign contribution to Mayor Paul — and after the election, the chairman of her firm, Norman Brownstein, made a contribution to Paul’s campaign despite the fact that Paul was then term-limited.

No building permit has been issued yet for the Belmar Park development.

But nothing’s really stopping it.

I’m Now Publishing on Substack

Everything you read in this ad each week — and more — is published at http://RealEstateToday.Substack.com and comes to you automatically each Wednesday. I also write a political column you might like. Find it at http:// TalkingTurkey.Substack.com. Starting in January, I’ll be writing a travelogue of our world cruise on the Viking Sky. You can subscribe to that publication at http://wherearejimandrita.substack.com.

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Broker/Owner, 303-525-1851 Jim@GoldenRealEstate.com 1214 Washington Ave., Golden 80401 Broker Associates: JIM SWANSON, 303-929-2727 CHUCK BROWN, 303-885-7855 DAVID DLUGASCH, 303-908-4835 GREG KRAFT, 720-353-1922 AUSTIN POTTORFF, 970-281-9071 KATHY JONKE, 303-990-7428 “I cannot do all the good the world needs, but the world needs all the good I can do.” —Jana Stanfield

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Our Family Helping Your Family SWARR

24-Hour Phone Lines 303-654-0112 • 303-857-2290 Brighton: 75 S. 13th Avenue Obituaries, Arrangements and Resources Online at

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Herbert Ryde Swarr

November 2, 1937 - December 21, 2023

Herbert Ryde Swarr was born to Harold R. and Gertrude Swarr of Christiana, Pennsylvania and was the youngest of three siblings. He married Laurel Leah Olsen Swarr in 1963.

They had three sons, Eric, Luke, and Morgan.

As a teenager, Herb dreamt of becoming a pilot. After graduating from high school, he attended Embry-Riddle Aeronautical University for flight training. His first major airline job was flying for Continental Airlines.

Herb and Laurel moved to the Denver area in 1963 for employment with Continental. In 1964, they moved to Brighton and established a family. Herb flew for Continental until 1984 and went on to fly for Emery Worldwide Airlines until retirement in 2001. He flew many iconic commercial aircraft such as the Vickers Viscount, Lockheed Super Constellation (engineer), DC-3, DC-4, DC-6, DC-7, DC-8, DC-9, C-46, Beech-18, and the Boeing 727.

Finally, after mandatory retirement, he was an engineer on the DC-10. Ironically, this DC-10 was originally a Continental aircraft.

Herb was an incredibly active individual. He loved working on his property up until his last three months. Much of his activity was centered around horses. Herb was a fine horseman showing and jumping as a youth. Later, his equestrian activities were focused on trail-riding all over Colorado. He particularly liked to ride with his boys, friends, and relatives in the Ute and Papoose basins.

Known for his generosity, high- spirted personality and colorful character, Herb was well regarded by his fellow pilots, family, and friends. He was especially proud of his sons and grandchildren. Herb and Laurel maintained a strong tradition of family gatherings that included lively Christmas celebrations.

Herbert is survived by his sons Eric (Vicki), Luke (Sandy), and Morgan (Tina). Herb and Laurel have nine grandchildren, Jerrett (Val), Mason, Kaden, Tyler (Sarah), Andrew, Matthew, Austin, Allison, and Alayna. They have one great granddaughter, Abigail. Herb is preceded in death by his wife Laurel, his parents, his older brother Harold D. Swarr and his sister Ruth Ellen.

Herb is with his savior Jesus Christ.

SCOTT

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Keith Leroy Scott

August 19, 1949 - December 12, 2023

Keith Leroy Scott departed this life on December 12, 2023, in Firestone, Colorado.

He was born in St. Francis, Kansas, on August 19, 1949, to Wesley Hiram Scott and Margaret (Enevold) Scott. Keith was a graduate of Fort Lupton High School and was on the Bluedevils football, wrestling and track teams. He held various positions in the construction industry and also worked for the public works department in Fort Lupton.

An avid fan of the Denver Broncos and all sports, Keith enjoyed fishing, hunting and especially spending time with his family

and friends. Keith is survived by his wife, Imogene S. Yokooji; his sons Richard (Avril) and Zachary; his grandson, Benson; his sisters, Karen Call, JoAnne Birrenbach, Betty Scott and Mary Adkins and many nieces and nephews. In addition to his parents, he was preceded in death by his brothers Wesley and Wayne, and his sisters Kathy and Janie. A Celebration of Life will be held on Saturday, January 27, from 2 to 4 p.m. at the Fort Lupton Recreation Center.

Memorial contributions may be made to the donor’s favorite charity in lieu of flowers.

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8 MetroWest Advertiser

January 4, 2024Jan

HAPPY NEW YEAR REVERSE MORTGAGES MADE EASY Call me to schedule your free, confidential, in-home review of this unique product.

Corbin Swift Vice President | Reverse Mortgage Specialist NMLS #1883942 Colorado Lic #100514955

Cell (720)812-2071 Corbin@RMofCO.com 6530 S Yosemite St#310 Greenwood Village, CO 80111

www.RMofCO.com

“Helping those in my community with their mortgage needs for over 36 years.”

All applications are subject to underwriting guidelines and approval. Not all programs available in all areas. Rates and terms are subject to change without notice. Licensed and regulated by the Division of Real Estate. Cl Partners LLC dba Reverse Mortgages of Colorado, NMLS# 1846034, licensed in CO, MT License # 1846034, and TX. This is not a commitment to lend. Restrictions apply. Not all applicants will qualify.

This material is not from HUD or FHA and has not been approved by HUD or any government agency. The reverse mortgage borrower must meet all loan obligations, including living in the property as the principal residence and paying property charges, including property taxes, fees, hazard insurance. The borrower must maintain the home. If the borrower does not meet these loan obligations, then the loan will need to be repaid.