Overview:
The proposed development near Belmar Park has left citizens dissatisfied with the lack of nature preservation and the subsequent legal battle.
As the city handles a lawsuit over a proposed development close to the beloved 132-acre park in the heart of Lakewood, residents feel frustrated and unheard as they fight to keep the park’s natural environment.
“We’re not opposed to development, but as we develop, we need to be mindful of our natural environment, parks, open spaces and our tree canopy,” said Cathy Kentner, a Jeffco school teacher and a member of Save Open Space Lakewood, a grass-roots initiative created by Lakewood residents.
Lakewood is in the midst of controversy over a vacant building on the east edge of Belmar Park. The future of the space, which is surrounded by 69 mature trees, trails and a lake that activists argue provides ideal habitat for migratory birds, has become a source of concern for many residents since the building was purchased by Kairoi Properties LLC, a Texas-based company, in June 2021. Kairoi Properties plans a five-story, 412-unit residential building on the spot.
“The proposed development of this property does not involve or include any parkland, and this property was never part of Belmar Park and has always been private property,” Lakewood’s government website says of the project. “The zoning on the property has remained the same with the sale of the property, and it allows multi-story buildings such as this proposed development as part of downtown Lakewood.”
Since its purchase, residents have pushed for a citizen-led initiative requiring developers to set aside a portion of their development for green space and eliminate the option to pay a fee in lieu instead. With mixed feelings, the city council approved the initiative in November 2024 in an 8-3 vote after opponents threatened to place it on the ballot; however, multiple council members expressed concerns about the legality of the ordinance and noted that it would result in the city being sued by the developers.
“What happened is exactly what we thought was going to happen; the city got sued and city development stopped completely,” said Lakewood City Council member Dave Rein at the Lakewood City Council meeting on Jan. 27.
After the parkland dedication took effect in December 2024, Belmar Owner LLC and Kairoi Properties LLC sued the city of Lakewood, claiming the parkland requirements were illegal and would make their development impossible. The developers argue that they should only pay the fee in lieu that existed before June 2024, rather than dedicating parkland. Belmar Owner LLC and Kairoi Properties LLC claim they would not have purchased the land if they had known they would have to preserve it.
“This case is a challenge to a citizen-led initiative recently enacted by the Lakewood City Council that… retroactively applies the new law to development applications submitted and under review prior to the effective date of the new ordinance,” according to the complaint filed in court.
In mid-January, Jefferson County District Judge Jason Carrithers issued a preliminary injunction against the city of Lakewood that prevented them from enforcing the parkland ordinance. This ruling imposes a pause on the parkland ordinance and rules that the ordinance “poses a danger of real, immediate and irreparable injury because the initiative would affect Plaintiffs’ interests in real property, including loss of property.”
Bucket List Community Cafe contacted Kairoi Properties, LLC for a statement about the ongoing litigation but did not receive a response. During the Lakewood City Council meeting on Jan. 27, Regina Hopkins, co-founder of Save Belmar Park, took three minutes during the general public comment to express her frustration about the city council not opposing the injunction set by Judge Jason Carrithers.
“If the city were doing its job, it would be defending its own ordinance,” Hopkins said. “I am part of Save Belmar Park—I should be on the same side as the city defending the ordinance that protects our parkland. Yet it’s clear that the city isn’t defending it at all; instead, it has aligned itself with Kairoi.”
Because of developments without dedicated greenspace near Colfax and west of Kipling, community activists like Kentner petitioned the city council to remove the option to pay a fee in lieu instead of preserving nature. After feeling unheard, petitioners began collecting signatures for the initiative.
“It should have never gone to a petition, ” Kentner said. “Our elected officials should be responsive to the people instead of to the big money developers.”
Kentner believes this issue had a long time coming; however, the project around Belmar Park has garnered a lot of attention and allowed them to present the initiative with over 6,000 signatures. Along with other volunteers, Hopkins went out into the community to collect signatures for the initiative. Hopkins claims she spoke to over 2,000 people in the process and found people were just as frustrated as she was.
“A lot of people are furious and don’t think this is appropriate,” Hopkins said. “We have over 6,000 signatures of people who agree with us in Lakewood—but mostly people are upset about the direction Lakewood is going.”
Both activists believe the ordinance should be upheld in court but worry it will not get the proper defense it deserves from the city. In response to these allegations, council member Rein defends their actions as a “courtroom strategy.” The city has asked the court for more time to respond to the lawsuit while they work on editing and redrafting the ordinance, with a final version due at the end of February.
Hopkins is requesting more volunteers stand up for their city. Save Belmar Park is also requesting donations to help with legal resources so that they can continue to protect the Lakewood environment.
“Trying to rally community support for a long environmental battle is an extraordinarily hard thing to do,” Hopkins said. “It’s very hard to keep people engaged for this long of a fight.”
As the legal battle continues, the community requests transparency from the city. Hopkins passionately believes this issue needs more community support and looks forward to having their voices heard in court.
“This has been so controversial because everyone loves Belmar Park,” Hopkins said. “Geese already have a hard time flying over two stories—you put six there, you’re going to have bird deaths—Lakewood is known for its parks and open spaces; we need green space for our health.”