Lakewood, CO – March 12, 2024 “the planning director and other city staff cannot provide any comments about this development.”
The statement refers to the 777 S Yarrow Street proposal in Lakewood, Colorado.
Obviously, Planning Director Parker and city staff will be communicating closely with the developer. Just not with the public. Just not with YOU!
Presumably, the premise here is that any comments to members of the public would constitute improper ex parte communications.
Yet, the city sees no problem with staff having unlimited ex parte comunications with the developer. The amount of bias in this process is EXTREME!
For example, neither the Planning Director nor staff have been recused from the process. They should be. Immediately.
Since the public is being excluded, so should the Planning Department be excluded. The entire matter should be referred to the Planning Commission NOW. A portion of the Planning Department’s budget should also be transferred to the Planning Commission so they can hire planning consultants to assist with the review.
You have probably heard the statement made when a legal matter has gained public interest: “We don’t comment on pending litigation.” But wait! In this case, there is no pending litigation. And there is no quasi-judicial proceeding happening as yet. Those facts don’t matter in Lakewood.
Let’s explore the logic. Yes, there is a possibility that any of the many projects under consideration by the Planning Department may be appealed and be subject to a quasi-judicial review.
Therefore, if we apply Lakewood’s logic, the Planning Department should immediately cease all communication with the public about all projects currently under review since they are all subject to appeal. Right? Of course not. Obviously, the logic does not make sense and only serves the blatant developer-friendly bias of the City of Lakewood.
Lakewood resident Mark Smith is a former city planner with decades of experience. In Smith’s opinion regarding staff members commenting on quasi-judicial matters: “there is zero prohibition for any and all city staff to speak to any and all citizens. How is it that city staff can be fully engaged with applicant Kairoi but not citizens??”
Lakewood’s preferential treatment of developers and announced exclusion of the public should be reviewed by Lakewood’s City Council.
March 8, 2025 Email from Roger Low –
Dear Ward 3 constituents/Lakewood residents who expressed an interest in regular updates on 777 S. Yarrow:
I wanted to let you know that earlier today, we received an update from Planning Director Travis Parker that although the major site plan review for the 777 S. Yarrow project is not yet finalized, he has, as of today, decided to refer the final decision to the Planning Commission for a public hearing, and review. Director Parker’s statement on this is below. This means we will now have a public hearing and an opportunity to build an open and transparent public record, prior to a formal decision on the major site plan application.
In a meeting earlier this year with Mr. Parker, I conveyed my strong opinion, based on feedback from many Ward 3 residents, that this would be the best course of action. I’m really encouraged by this news. Given strong views on this project across Ward 3 and Lakewood, this review process will benefit greatly from a public hearing, and an opportunity for Lakewood residents to weigh in with their views and concerns.
While nothing is confirmed or scheduled, my initial sense from what I learned today is that a Planning Commission hearing would likely be held sometime this May, with an opportunity for any Lakewood resident who wishes to speak on the matter to weigh in, and with an open/transparent process. As soon as we have a date/time for this hearing, I will be sure to let you all know.
As always, please feel free to reach out with any questions. Thank you, have a wonderful weekend, and onward!
Director Parker’s statement today:
While the application for a major site plan approval for the property at 777 S. Yarrow has not finished working its way through the formal review process, it is likely that any decision on whether it complies with the City’s Zoning Code will be subjected to appeal. Therefore, in the interests of reaching a final outcome as expeditiously as possible, I have decided to refer the decision to the Planning Commission when the review process is ready for submission for final review and approval.
Roger Low
Ward 3 City Councilor
303-987-7743 | rlow@lakewood.org
