Applying the ‘reasonable person standard’, the Belmar Park West Proposal at 777 S Yarrow Street violates every stated Purpose and Intent of Lakewood’s Zoning Ordinance and certain features of the Comprehensive Plan.
Therefore, approving this project without requiring a reasonable application of Lakewood’s Zoning Code and Comprehensive Plan is an abuse of discretion.
Each Purpose and Intent from Lakewood’s Zoning Ordinance (A) through (K) is cited below in bold print and the related abuse of discretion is documented under each zoning ordinance item.
Lakewood Zoning Ordinance – Adopted May 13, 2019
PURPOSE AND ADMINISTRATION
17.1.1: Title
Title 17 shall be known and cited as the Zoning Ordinance or the Zoning Ordinance of the City of Lakewood, Colorado.
17.1.2: Purpose and Intent
Pursuant to statutory authority, this Zoning Ordinance is enacted for the following purposes:
A. To promote the public health, safety and welfare of the citizens of the City of Lakewood.
By ignoring the relevant science, the 777 S Yarrow proposal stakes out a position in opposition to public health, safety and welfare.
Outdoor natural areas including parks and wildlife are important to public health and welfare and indirectly to safety.
The proposal does not provide a raptor buffer zone recommended by Colorado Parks and Wildlife based on the best available science. Without the buffer zone, the park’s valuable habitat will be degraded which in turn would reduce the park’s beneficial contribution to public health, safety and welfare.
B. To implement the vision, goals, and recommendations of the City of Lakewood Comprehensive Plan.
The scale of the proposed building and associated increased traffic and parking violate requirement L-N2(c) from page 5 of Chapter 8 of the 2025 Comprehensive Plan to seamlessly integrate with the neighborhood.
C. To protect and enhance the natural environment including the conservation of natural features, land and energy.
The proposal endangers the natural environment by not providing a science-based raptor buffer zone to protect Belmar Park’s wildlife habitat as cited in (A) above.
D. To provide for a range of housing types and costs to meet the current and future needs of the citizens of the City.
The proposal does not provide a range of housing. No urgently needed low-income housing is included. It only provides widely available market-priced luxury housing. It also only provides rental housing. No owner-occupied housing is included.
E. To promote the orderly development and redevelopment of land within the City of Lakewood.
The proposal does not promote orderly development because the scale of the proposed building and the increased traffic and parking violate requirement L-N2(c) from page 5 of Chapter 8 of the 2025 Comprehensive Plan to seamlessly integrate with the neighborhood.
Further, the proposal ignores relevant science as cited in (A) above. Ignoring the relevant science is not compatible with orderly development.
F. To ensure the effective integration of development and redevelopment with surrounding land uses.
The proposal does not ensure effective integration because the scale of the proposed building and the significantly increased traffic and parking violate requirement L-N2(c) from page 5 of Chapter 8 of the 2025 Comprehensive Plan to seamlessly integrate with the neighborhood.
A physician and nearby resident is even on record stating the project poses an increased risk of injury and death to nearby residents. Subjecting nearby residents to increased risk of injury or death is the result of ineffective integration of development with surrounding land uses.
G. To respect the unique characteristics and attributes of individual neighborhoods.
The proposal does not respect unique characteristics of the local neighborhoods because it will radically change the neighborhoods by bringing increased housing density, traffic and parking problems that are not addressed with appropriate mitigations.
H. To promote multi-modal transportation options within the City including safe, efficient and attractive pedestrian and bicycle connections.
The proposal does not promote multi-modal transportation because the location is too hilly for safe, efficient and attractive bicycle connections. Despite increased housing density, no public bicycle lockers are provided. No e-bike charging stations are provided. Therefore, primarily only elite cyclists with more expensive bikes would travel the area on a regular basis.
I. To enhance the appearance of the City of Lakewood through quality site and building design.
The proposal does not enhance the appearance of the city because the site plan removes existing mature landscaping, trees and habitat and replaces them with a 6-story multifamily structure and immature landscaping that will never provide a similar habitat. Removing these elements does not enhance the appearance of the city. Further, hundreds of linear feet of Belmar Park property will be subjected to grading operations despite published assurance from the city that the park would not be touched. This necessity to mislead the public indicates that neither the city nor the developer are confident that the site and building designs are of good quality.
J. To ensure the economic vitality of the City of Lakewood
The proposal does not ensure economic vitality because it only provides luxury rental housing which is already widely available in Lakewood and elsewhere and that most residents cannot afford without being cost burdened beyond the 30% of income threshold which defines cost-burdened households.
K. To promote mixes of commercial and residential uses within mixed-use zones.
The proposal does not include a mix of commercial and residential even though it would be the largest development within the mixed use zone district. The project only includes luxury rental housing.
17.1.3: Relationship to Comprehensive Plan
The Lakewood Comprehensive Plan establishes the goals and policies that serve as the foundation for this Zoning Ordinance.
** All land use decisions shall be consistent with the goals and policies of the Comprehensive Plan and with the Purpose and Intent of this Zoning Ordinance. **
As shown above, the proposal is clearly not consistent with the goals and policies of the Comprehensive Plan nor with the Purposes and Intents of this Zoning Ordinance. Therefore, it would be an abuse of discretion to approve the proposal unless it is revised to satisfy the ‘reasonable person standard’.