From Save Open Space – Lakewood

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Kairoi Properties L.L.C., developer of a planned 412-unit luxury apartment building at Belmar Park, sues Lakewood for enacting an environmentally friendly green initiative 

The citywide citizen sponsored initiative requires all developments to dedicate green space in lieu of its 13-year tradition of adding to the City’s coffers

If Kairoi loses the lawsuit, monstrous buildings planned at Belmar Park and at Quail and Colfax will need to be drastically reduced in size 

Lakewood, December 26, 2024—This week we present the latest episode of the 13 year-long soap opera, “Lakewood’s Big Lie,” which depicts the dramatic twists and turns of a city that prioritizes large scale developments over nature and its own residents. During those years, Lakewood has given developments carte blanche to ignore as many of its codes as they desire, including tree canopy, climate change goals, seamless architecture in a neighborhood, and affordable housing.

On Monday, December 23, it became public that Kairoi Properties LLC had sued the city over the Green Initiative that its city council had passed but doesn’t really want.

An explanation of the bizarre turn of events including the political motives behind this unnecessary legal action, is best summed up in the following excerpts from resident Steve Farthing’s email to the savebelmarpark.com group:

“Most city council reps took the position [at the November 4 City Council meeting] that the ordinance, as written, would be ruled illegal if a legal challenge were raised in front of a judge.

“They actually discussed that adopting the ordinance and then inviting the city to be sued would be a prudent course of action!  This was after one of their members even advised they could simply adopt and repeal the problematic ordinance.  That comment fell on deaf ears.

“Is it any wonder our valuable parks and habitats are managed by ignoring science such as the science regarding wildlife buffer zones?  By gosh and by golly, if our council members don’t grasp that they are legislators, we are in trouble.  And so are our parks and natural areas.

“Litigation should be the last resort after best efforts are made at an effective and legal legislative solution or at least a reasoned decision to repeal.

“And don’t forget how much some councilors talked about not allowing the Lakewood voters to weigh in on this ordinance due to the cost of a mail ballot election but they are perfectly OK with the cost of litigation which could be more than an election.

“In reality, the concern about letting voters vote could be that the open space issue in Lakewood would get much more attention once you mail a ballot out to every single voter in the city.  

“If you are trying to get re-elected, you might not want too much attention paid by voters to the open space issue.  When you combine that with the Belmar Park fiasco, it could be political Kryptonite on election day.  Or maybe Mentos and cola.  You pick.

But a mail ballot open space-related election could be a ‘no-no’ to some councilors seeking re-election later in the year.”

Farthing’s comments are supported by the facts that (1) the City rushed the signature counting process and (2) scheduled the special meeting on November 4, the day before elections, and (3) filed a lawsuit after hours on Friday, December 20.  Both dates were likely chosen to avoid media scrutiny.   The lawsuit was submitted so it wouldn’t become public until Monday, December 23, two days before Christmas.

Lakewood’s Big Lie became apparent to many in the spring of 2023 when residents learned that for more than two years the City had secretly planned to approve Kairoi Residential’s massive luxury apartment building that would tower over much beloved Belmar Park. The five and six story building would have more than 80 units per floor, a two football field footprint, and require the removal of 65 mature trees.  It would extend its boundaries right up to the existing park sidewalk. No environmental study was performed in a park known to be uniquely rich with 240 bird species and treasured for its tranquility.

Hundreds of residents pleaded with the City Council for months to do something about how devastating the monstrous building would be for them, wildlife and birds. Council responded by feigning support, falsely claiming they were powerless to act, and later saying but never demonstrating that they had been working on the issue for months.

Kairoi Residential, a billion dollar developer based in San Antonio, Texas, and with an office in Denver, has another project in the works in Lakewood consisting of 850 luxury units that would replace a King Soopers grocery store and create a food desert at Quail Street and West Colfax Avenue.  

Cathy Kentner, a Jeffco school teacher and community activist, who spear-headed Save Open Space – Lakewood (SOS – Lakewood) and the petition, opined, “When elected officials fail to respond to the public’s wishes, the people have no other avenue than to exercise our constitutional right to direct democracy and the ballot box.”

SOS – Lakewood was formed to petition the city council to eliminate the practice of accepting a fee instead of following Lakewood’s land dedication requirements.

The initiative petition, through an historic all-volunteer effort, garnered 6,492 valid signatures — far more than the required 5,862 — to force City Council to either enact the legislation or send it to the voters.

It should be noted that the volunteer signature gatherers began their work months before the State Legislature added wording to HB24-1313 requiring a “fee-in-lieu” option. Lakewood’s city officials were well aware early on of the specifics of the people’s initiative.  At no time did they attempt to collaborate with community advocates to develop a compromise for an ordinance that would address the concerns of all parties. Instead, they waited until the November 4 special meeting to air their harsh criticisms.  

Councilor Paula Nystrom sought to provide constructive advice to her fellow councilors at the November 4 meeting. She said, “Citizens shouldn’t have to protest, gather signatures, hire lawyers, or jump through hoops just to have their voices heard. The question isn’t whether this petition is perfect; it’s about understanding how we got here and how we can prevent this from ever happening again.”

As the lawsuit progresses, it will be interesting to see if the City presents a strong defense of its new law or continues Lakewood’s Big Lie by creating the illusion of support while allowing the developer to be victorious in the end. 

Read other news coverage of lawsuit:

• Developers of planned Belmar Park apartments sue Lakewood over parkland ordinance, activists accuse city of betraying residents, Suzie Glassman, Jeffco Transcript

• Developer of controversial Belmar Park apartment project sues City of Lakewood over citizen-led ordinance, Kristian Lopez, Denver7
• Developer sues over rule change it fears could sink the project, Jon Aguilar, Denver Post