Richard Todd of Alameda Avenue Ventures received another approval Dec. 12 to build his nine-home development at the Overlook Estates, a 3.76-acre parcel at 13850 W. Alameda Parkway.
Although this is the second time the plot has received approval from the Lakewood Planning Commission, opponent John Danielson, former president of the Green Mountain Beech Park Association, can continue his appeal to Lakewood City Council and then to the court system.
Alameda Avenue Ventures sued Lakewood for the right to build according to the plot after Danielson’s original appeal to block development.
“Existing flood plains should be mitigated and removed from our homes,” Danielson said. “It’s typical of Green Mountain that these landslides seem to be fairly spontaneous in places.”
Todd bought the land in 2004 and prepared to build 21 townhomes. He agreed to downzone the property in 2006 to 2-R, allowing for nine prospective homes on three acres of the property, leaving the remaining three-quarter acre for a buffer zone between the estates and current residences and also as a drainage area.
The zoning would enable more homes, but Todd switched from 10 homes to nine to stay in keeping with the home density in the surrounding residential area and meet engineering needs.
Traffic, infrastructure, school and geological reports supported Todd’s proposal for the area.
The downzoning was approved by City Council on May 8, 2006, following a three-year effort by the Green Mountain Beech Park Association to buy the property.
The association enlisted Rita Bertolli’s filmmaking efforts in the attempt to buy the land. The film, “Hayden Park Ravine,” debuted at the Golden Film Festival in 2005.
Unable to raise the requisite funds, members of the association began a quest to get the property listed as permanently unbuildable due to drainage and mudslide issues that pulled heavily from a 1978 Fox report on Geological Hazards in the Green Mountain Area.
City officials and Todd relied on recent analysis from the Colorado Geological Survey, city engineers, planners and outside experts who testified to the safety precautions that would be taken in developing the plot.
In 1978, more land was available to build in Lakewood. Todd’s attorney, Phillip Larson, said the desire to develop the plot came from fewer plots available, and residents’ desires to block the construction were misplaced.
“As a result of all the easier parcels being developed, these type of infill projects are still available for development, and it is an expensive project,” Larson said. “Their intent all along has been they want to keep this property open space.”
When the previous owner of the land, Justin Spensley, proposed to build 60 multifamily units on the land in 2003, many residents were made aware for the first time that the land that backs onto Beech Park was privately owned.
The land will be developed, barring further appeals, with infill and stratified grading. Dieter Magin, city project engineer, said mudslide and draining hazards would lessen with development below the Overlook Estates in Beech Park.
“There will be no negative impact for drainage,” Magin said. “The flow that will come off the property will be less than it is now.”
The commission approved the minor subdivision plat for the Overlook Estates granted four advisements from the city that came partially from a list of six advisements from the Green Mountain association.
One is that the infill and grade must be appropriate to the development and overseen by the city’s construction engineer. Another request that is already required by the city is a geotechnical or geological engineer or representative be onsite when work is ongoing.
The existing drainage also must be replaced with concrete-reinforced piping at an appropriate level for water flow.
The final point was that the plat is not effective until approval has been granted by the city.
The Green Mountain association also requested the developer remove a 100-year floodplain not on his property, not build homes that break the plane of view to Alameda Parkway and the developer secure a completion bond guaranteeing completion of building on the site.
City Attorney Tim Cox explained to the commission that a completion bond went against city practice.
“It’s not the purview of this commission to ensure the subdivision gets completed. The commission makes sure the public improvements are done and the infrastructure is put in place,” Cox said. “I don’t think it would be appropriate for the city to adopt that kind of regulation.”
Danielson had until Dec. 27 to appeal the decision to City Council.
Todd’s lawyers set a date for trial on Dec. 21 regarding Alameda Avenue Ventures lawsuit against the city. The lawsuit is to go ahead with the development given approval.
Lakewood Community Editor Jennifer Gilbert can be reached at 303-279-5541, ext. 263.
History of 13850 W. Alameda Parkway
2003: Then owner Justin Spensley applies for 60 multifamily units on the property.
2003: Green Mountain Beech Park Association is formed to prevent building on the parcel due to geological and draining hazards established in the 1978 Fox report.
2004: Richard Todd of Alameda Avenue Ventures applies to build 21 town homes on the site.
2005: Fundraising film, “The Hayden Park Ravine,” premiers at the Golden Film Festival and a public hearing is held regarding Richard Todd’s plans.
May 8, 2006: The property is down zoned from planned development to 2-R, allowing seven single-family units per acre.
August 2006: Richard Todd applied to build 10 residences on three acres and wanted the remaining .76 acres for drainage and a buffer between existing residences.
Oct. 8: Richard Todd sues the city of Lakewood for the right to build according to the approved plat following an appeal to block building by John Danielson and the GMBPA.
Dec. 12, 2007: The Lakewood Planning Commission approves a minor subdivision plat for the property, allowing Todd to build nine homes on three acres.