LAKEWOOD, Colo. - After more than a year of protests and thousands of petition signatures, a community group hoping to change the city's rules for developers was successful.
Starting Saturday, that new citizen-led initiative goes into effect.
Under current city rules, a developer who does not want to dedicate some of the existing green space on a property they bought to the city for park land must then pay a fee in lieu of the dedication. Those fees are then used for improvements to other parks and open spaces in Lakewood.
"Personally, I do think it's really important to be mindful of protecting green spaces for the environment. For the sake of the wildlife and other people that live in this community," said Regina Hopkins, a member of the "Save Belmar Park" community group.
The citizen-led initiative removes the option for developers to pay the fee-in-lieu. Enough signatures put the issue before the City Council in early November.
At that point council members could either send the ordinance to voters or approve it themselves. In an 8-3 vote, it was approved.
"This is an illegal ordinance. This ordinance is illegal under both State and Federal law," said Dave Rein, Lakewood City Councilmember for Ward 4 prior to the vote.
In an effort to encourage more affordable housing projects, State Legislators passed HB24-1313 "Housing in Transit-Oriented Communities" which requires: "A local government shall provide the private property owner with the option of paying a fee in lieu of dedication" when it comes to parks, trails and other open spaces.
"No discretion rests with administrative officers to pass upon validity... After it is adopted, it can be questioned by anybody who feels harmed by it," Lakewood City Attorney Alison McKenney Brown read from case law.
In the end, several council members begrudgingly supported measure allowing legal discussion take place.
"Because this citizen initiative will face significant legal challenges... I believe it would have been wasteful... when outcome will ultimately end up being decided in court," said Lakewood Mayor Wendi Strom in statement sent Denver7.
The new ordinance goes into effect on Saturday. Lakewood City Planners have been notified that lawsuit will be filed regarding new ordinance "very soon."
"I also want residents know we are listening them... The fee nearly doubled starting June $432,727 per acre..." Strom continued her statement.
The effort behind new ordinance came after controversy over proposed plan build apartment complex next Belmar Park.