The HBA Advocate Newsletter | March 4, 2025

By Paige Roemmich | March 4, 2025 |

March 4, 2025

In this edition:

Lakewood City Council Passes Revised Parkland Dedication Ordinance
Commerce City Council Holds Builder Roundtable Discussion with the HBA of Metro Denver
HBA of Metro Denver Creating Two New Joint Taskforces in Erie and Arapahoe County

Lakewood City Council Passes Revised Parkland Dedication Ordinance

On February 24, Lakewood City Council held its third and final reading of O-2025-07, appealing and reenacting the city’s code relating to requirements for park and open space dedication and fees in lieu thereof. The adopted ordinance reinstates the fee-in-lieu option for single-family homes, rescinding the previous requirement that all single-family homes had to dedicate land for parks or open space, allowing for more flexibility. This change aims to balance growth with parkland needs while recognizing that land dedication may not always be feasible for some projects.

Additional changes were also made to help prioritize parkland dedication or improvement-in-lieu over a fee-in-lieu if possible. An amendment was passed reinforcing this preference, requiring the city’s director to formally document and publicly publish their reasoning if they determine that land dedication or improvements are not feasible for a particular development. Additionally, if a development chooses to pay 100% fee-in-lieu and is expected to house more than 50 residents, the Board of Adjustment may review the decision - but only if a petition is submitted within 30 days of the decision’s publication. This petition must be signed by at least 20% of property owners and adult residents within 500 feet of the proposed project.

One unresolved issue raised by council members concerns how the fee-in-lieu amount is determined. The ordinance states that the amount is set at the time of “project submittal,” but the term is not clearly defined. This ambiguity was flagged for further discussion on March 17, when Council is scheduled to review zoning rewrites. Despite this, it was confirmed that once a project is formally submitted, its requirements cannot be altered later in the process.

While the HBA of Metro Denver is hopeful that the revised ordinance will help to encourage over 100 new developments currently on hold in Lakewood to finally move forward, we are likely to see more modifications to the parkland-dedication requirements before this issue is fully resolved.

Commerce City Council Holds Builder Roundtable Discussion with the HBA of Metro Denver

On February 27, Commerce City held a meeting with members of City Council and active builders and developers to discuss the current residential development environment and ways the City can improve its image as a business-friendly community. The well attended event was structured to encourage broader communication and a more personable environment. The city organized simultaneous small-group meetings, effectively splitting council members and our builder participants into smaller groups in a “round robin” format.

Each meeting focused on different topic areas that included the overall cost of development, the City’s permitting processes, and the perception of the development climate within Commerce City. In all, the HBA’s impression of the meeting was a positive one that will hopefully help push the proverbial “reset” button in Commerce City and help improve communication with important members of the City Council majority. The HBA of Metro Denver truly appreciated all of the hard work and positivity that City Manager Jason Rogers and his staff put into making this critical meeting a reality. We look forward to our future engagement and improved relationships on Council.

HBA of Metro Denver Creating Two New Joint Taskforces in Erie and Arapahoe County

In an effort to improve dialogue between local governments and the residential construction industry, the HBA of Metro Denver will be creating two new Joint Taskforces in Erie and Arapahoe County this month.

Local Task Force Committees offer HBA members a forum to discuss local regulatory and policy issues with elected officials and their staff in high growth cities and counties. HBA JTFs are already meeting regularly with city and county officials from Denver, Aurora, Thornton and Commerce City. Due to the significant increase in permit applications in Erie and Arapahoe County, and the unique challenges our builders have experienced in recent years, the HBA believes adding quarterly meetings in these jurisdictions will go a long way toward improving efficiency, processes and positive policy outcomes.

If you are interested in the political process, participating in a JTF gives you great exposure to regulatory and policy issues in our high-growth cities and counties. Please contact Morgan Cullen at mcullen@hbadenver.com for more information.

HBA of Metro Denver Issue Tracker
Questions on what is happening in a specific city or county? The HBA is regularly monitoring the council and board activities in every political subdivision in the metro Denver area. Our Issue Tracker offers a great resource to learn about the issues being deliberated with links to agendas, packets and ordinances. The HBA of Metro Denver HBA Issue Tracker is available to all members here.

HBA is looking for Members to Participate in Advocacy, Regulatory and Technical Committees in 2025

As a volunteer-driven organization, the HBA's Jobsite Safety Committee, Permitting Committee, Regulated Utilities Committee and Stormwater Management Committee help guide the HBA's events and activities throughout the year. Consider joining one, or more, if you want to build strong, long-lasting relationships and make a difference to your fellow HBA members, while sharpening your leadership skills. Please visit the HBA website for more information or reach out to Morgan Cullen if you are ready to participate.