The Lakewood Planning Commission has given the green light to a proposed apartment building on the outskirts of Belmar Park, following a lengthy debate, legal action, and revisions to the city’s land-use regulations.
The Planning Commission unanimously approved a comprehensive site plan for the 411-unit apartment complex late Wednesday night, stating that the project adhered to Lakewood’s zoning laws.
This new five-story building will replace an old abandoned office structure currently being demolished at the five-acre location on 777 S. Yarrow St. The redevelopment has faced opposition from Lakewood residents for years, who believe it poses a threat to the serene atmosphere of Belmar Park and its diverse bird population. The issue has drawn large crowds to city hall in protest on multiple occasions.
Opposition to the project led to a campaign to place a measure on the municipal ballot last autumn, aiming to increase the amount of open space developers must allocate to their projects significantly. It also sought to eliminate the option for developers to pay a fee in lieu of providing land.
In November, the City Council took preemptive action by directly adopting the new land-use code changes as an ordinance, thwarting the ballot measure.
However, Texas-based Kairoi Properties LLC, the developer behind the Belmar Park development, sued the city a few weeks later, arguing that the new open space requirements would jeopardize their project. A district judge in Jefferson County sided with the developer, issuing a preliminary injunction in January to prevent Lakewood from enforcing the new regulations against Kairoi.
The judge determined that the new ordinance “poses a danger of real, immediate, and irreparable injury because the Initiative would affect Plaintiffs’ interests in real property, including loss of property …”
Meanwhile, concerns over Lakewood’s new open space regulations prompted anxious property owners to voice their objections at council meetings earlier this year, resulting in the restoration of the fee-in-lieu option for residential projects.
Cathy Kentner, a Lakewood resident involved in the signature-gathering campaign for last year’s ballot measure, expressed no surprise at the Planning Commission’s decision.
“Instead of upholding the city code provisions that would require a more modest project that respects both people and the environment, the Planning Commission opted to selectively enforce parts of the Lakewood Municipal Code, allowing developers to profit limitlessly at the expense of residents and our natural surroundings,” Kentner remarked on Thursday.
She anticipates that Save Belmar Park, a grassroots organization, will challenge the approval in court.
The Planning Commission’s decision on Wednesday marks the final verdict on the project by the city. Lakewood spokesperson Staci Oulton stated that the City Council will not be voting on the matter.
The last step for Kairoi, according to Oulton, is to secure a building permit, which involves an administrative review by the city’s building department.
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