If there was any doubt as to who – still – controls development in Lakewood, look no farther than this new proposed resolution announced for the first time this week and set for hearing Monday – pass a law that says the 1% smart growth limitation enacted by the citizens doesn’t apply to 1,630 potential new homes in Rooney Valley next door to Solterra . . . Or we will sue you . .
The rules don’t apply to Tom Morton, the lead (of two) director for Big Sky. The Lakewood City Council had decided to only consider COVID related issues and routine matters until the public hearing process was back to normal. This rule doesn’t apply to Tom Morton and Big Sky.
The rules don’t apply to Tom Morton and the three CDN real estate investors from Canada. The Smart Growth Initiative passed by the citizens limiting residential growth to 1% in Lakewood shouldn’t apply to them according to Monday’s proposed resolution. The 1% cap on new residential development initiated and passed by the citizens – and vigorously opposed by Adam Paul and the special interests he represents – should not apply to Tom Morton, Big Sky and CDN.
More special treatment for a handful of special people.
The rules don’t apply to Tom Morton. He continues to receive preferential treatment from the City of Lakewood.
Make an exception to the rule on what will be decided without the normal public hearing process.
Make an exception to the citizen initiated and passed limit on 1% residential growth.
Make an exception to the rule requiring public hearing on modification of special districts – in Big Sky’s case – to create a private, profit generating sanitation district without a public hearing and unaccountable in the foreseeable future to the public.
Here are the details:
It was just disclosed this week that the Lakewood City Council will consider adopting a resolution which will say the new Smart Growth Initiative limiting residential development growth to 1% does not apply to Tom Morton, Big Sky and the CDN Canadian investors. They can build 1,630 homes without worrying about the new law passed by the citizens limiting the new growth.
They claim that their 1,630 potential new homes in the area between Solterra and C-470 are vested and therefore exempt from the Smart Growth initiative. Maybe yes, maybe no.
But we don’t need to make that decision now – it only becomes an issue if they plan to build more homes than allocated under the 1% growth cap.
We aren’t there yet. And won’t be for a long while.
Their “boogey man” threat of imminent action is buried miles below the peaceful land occupied now and in the foreseeable future by our wonderful prairie dogs and rattlesnakes.
Tom Morton and Big Sky are doing this because they have a buyer in the wings ready to begin developing Big Sky. Tom Morton and Big Sky will be able to make much more money on the sale if they can guarantee that the construction of new homes won’t be affected by the new law passed by the citizens. We know they are ready to sell to this “buyer in the wings” because they made this concession in writing to the Court in legal documents recently filed in the Big Sky litigation.
“Special exception Tom Morton” is using – literally manipulating (with help of course from Adam Paul) – the City Council into guaranteeing him and his Canadian partners more profit at the expense, yet again, of the residents of Lakewood. Just the way its always been – the developers are in charge of making public policy (and lots of unearned profit) regarding development in Lakewood.
And of course the city thinks this a great idea – because they still believe that the developers control growth in Lakewood and what is good for the developers is good for the residents.
Here is the staff report recommending adoption of the resolution on Monday:
ITEM 6 A – R-2020-22 CDNRED ROCKS STAFF MEMO
Here is the “application” letter from Tom Morton/Big Sky/CDN:
ITEM 6 C – REQUEST LETTER FROM BRIAN CONNOLLY
Here is their proposed change – the substance of the Monday resolution:
ITEM 6 E – PROPOSED FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
And the resolution adopting the above change:
ITEM 6 B – R-2020-22 CDN RED ROCKS
Note, in characteristic fashion, Tom Mortion/Big Sky/CDN threaten to sue the city if they don’t pass the resolution. This is what Big Sky and Tom Morton do – sue people if they don’t do what they want them to do. They claim they have spent over $6,000,000 on the development of Big Sky. But . . . that is not what the documents show.
The public disclosures show 6 of the 7 Big Sky districts are inactive, the most recent financial audit shows no activity in the remaining district – 1 – and the most recent budget shows CDN giving itself (Big Sky) about $1.5 million to get ready to do something. And of course they are still out of compliance with only 2 board members instead of the required 5 board members.
But you already knew that looking at Big Sky. Nothing but prairie dogs and rattlesnakes.
Here are the documents showing the lack of activity – and nowhere near $6,000,000 in expenses:
So, here is the bottom line:
1. There is no issue or problem yet, because Big Sky is years away from building any homes. They don’t have sewer and they aren’t doing anything about building until they have sewer. It will be at least two – five years before the Big Sky IGA Sanitation District litigation is resolved after all the appeals.
2. The issue is being pushed now only so Tom Morton/Big Sky/CDN can make more money now selling the land to the waiting buyer. There is no good reason for us – Lakewood – to make decisions before the issue is ripe – just to make an exception and lots of profit for Tom Morton and the three Canadian CDN investors.
3. There is no reason to believe right now that Big Sky/CDN will not be able to comply with the 1% growth cap. We aren’t there yet. And falsely claiming that they have spent over $6 million on improvements to Big Sky while they threaten to sue us – severely compromises the integrity of their application.
So, contact your Lakewood City Council members and let them know what you think about rushing to make, yet another, special exception to make lots more profit for this handful of special people.
David Skilling <dskilling@lakewood.org>,Barb Franks <BFranks@lakewood.org>,Ramey Johnson <rjohnson@lakewood.org>,Charley Able <cable@lakewood.org>,Anita Springsteenlaw <anita@springsteenlaw.com>,Mike Bieda <mbieda@lakewood.org>,Karen Harrison <kharrison@lakewood.org>,Dana Gutwein <dgutwein@lakewood.org>,Jacob LaBure <jlabure@lakewood.org>,Sharon Vincent <SVincent@lakewood.org>,Adam Paul <apaul@lakewood.org>
Ward 4 – we overwhelmingly voted for the citizen initiative to limit smart growth – the Ward 4 meeting is Saturday morning at 9:30:
https://www.lakewood.org/Government/City-Council-Landing/Ward-Meetings/Ward-4-Meeting
Meeting ID: 978 0949 6528 +1 346 248 7799 US or +1 253 215 8782 US
Attendees will be be placed in the virtual waiting room until all participants are checked in and the meeting is officially started. To request to speak raise your hand (zoom) or press *9 (telephone).
Here is a picture of the Big Sky/CDN land: It is in blue (#11)
UPDATE CONTAINED IN NEXT POST. LINK IS HERE:
Update – Big Sky Lakewood Exemption from Smart Growth Initiative 1% Limitation
John Henderson
I too believe this is the wrong thing to do. The people spoke clearly when the voted for a 1% cap on development in Lakewood, CO. The mayor and city council , for what ever reason, set up a special set of conditions with Solterra. The City of Lakewood need to be held to the will of the people on the voted and approve issue. If the city wants to change the conditions of the imitative, they need to bring it back for public approval. If there is outside pressure by Tom Morton and the Big Sky group, every personal aspect of the city council and mayor need to be investigated to determine if there was any illegal activities.
This entire issue is the result of prior bad decisions by the city. The city needs to now stand up and follow what the people have directed them to do. Again voters can also force issues and these public servants can be voted out.