(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Huge 800,000 Sq Ft Multifamily Planned Next to Belmar Park Bird Habitat in Lakewood, CO [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-09-22 Will I get served with a SLAPP Lawsuit? A Strategic Lawsuit Against Public Participation? I have recently been reporting locally on Nextdoor to neighborhoods in Lakewood, Colorado regarding a controversial multifamily construction project next to an unprotected bird sanctuary and wildlife habitat. The Lakewood Informer has also invited me to do an interview with them. Today, a stranger arrived at the house with some papers and knew my name. Could this be a process server? I was not available at the time. Here are some thoughts I have about the invitation to do an interview with the Lakewood Informer regarding the proposed 412-unit Belmar Park West multifamily project at 777 S Yarrow Street in Lakewood, Colorado. This is a massive project that will cost hundreds of millions of dollars to complete on just a 5-acre parcel. Click for Recent Site Plan. The yellow block in the image is the footprint of the proposed building. The building footprint is over 2 football fields. Community members should keep in mind that the Belmar Park West multifamily project is not over. So please continue investigating and researching venues of redress. There may be levers that come to light to improve the project by reducing density, increasing setbacks, providing science-based tree replacements, moving to a more appropriate site, etc. I have not been involved in a local community action for quite a few years. The last one was in Douglas County, Colorado. Because that project years ago was under use-by-special-review, both the Planning Commission and the County Commissioners held public hearings. County Commissioners ultimately rejected the project. Each of these hearings were attended by up to four hundred Douglas County residents most of whom offered public comments. The Private Investigator - During this process many years ago, I was subjected to an email attack and followed by a private investigator for around 4-6 weeks! The investigator posed as a concerned citizen and often appeared out of nowhere while I was doing grocery shopping or other errands. He even showed up at a private event I attended hosted by the Denver Bicycle Touring Club and posed as a club member. He made various suggestions regarding the proposed project that were always off-base forms of misdirection. It was apparent from the first encounter that something was 'off' with this person. When I suggested he meet me in Castle Rock so we could jointly review campaign contribution disclosures of the county commissioners, he was somehow not interested in that particular chore. Maybe he didn't want that showing up on his hours billed report. Eventually, the date arrived for the final vote by the Douglas County Commissioners. Several hundred of us gathered in a large meeting hall after clearing the Sheriff's security screening and metal detectors. As we waited for the meeting to be called to order, this individual actually passed out a few business cards for his PI services. He became quite embarrassed as he realized I was nearby and noticed his business cards. While I can't prove who paid for his services, my point is that development projects including possibly local governmental bodies may have a budget category for opposition research. Concerned citizens should be on alert for strange behavior. And it does not hurt to be somewhat cautious about public exposure. SLAPP! Take That! SLAPP Another area of concern is that developers have been known to use SLAPP lawsuits to stifle free speech. A SLAPP lawsuit is a Strategic Lawsuit Against Public Participation. These types of lawsuits have been used to embroil public interest organizations and even local neighborhood activists in expensive legal action if they don't desist from their free speech activities. A SLAPP lawsuit represents both intimidation and an abuse of the legal process. Thirty-three states including Colorado and the District of Columbia have passed laws to help defendants dispose of such claims relatively quickly. However, it is much better for all stakeholders to avoid these disputes. It Is Not About the Developer A good way to lower the risk of such a lawsuit is to not disparage the developer. Keep in mind that if Developer A were to exit the project, there could be a Developer B that comes in. Would the issues be different under Developer B? Aren't the issues of public concern typically around the zoning, policies and regulations in place that allow a controversial project to be proposed? With all of this in mind, I am hesitant to do an interview and inadvertently go on record saying something that could be used as the basis of legal harassment. It is About City Zoning, Policies, Etc. Likewise, community members are clearly not disparaging the developer when making public comments such as at city council meetings. It is really not about the developer. Rather, it is about the City of Lakewood setting the stage for this to happen. There is quite a list of developer-friendly tactics the City of Lakewood has implemented over the years that have created the opening for this huge demolition and construction project adjacent to a legally unprotected and vulnerable bird sanctuary and wildlife habitat. For example, the city allows over 80% of the tree canopy habitat adjacent to Belmar Park to be totally destroyed by the multifamily project. Less than 20% of the tree canopy is to be restored with science-based basal area tree replacements. It is certainly egregious. The multifamily building does not appear to have adequate snow storage nor does Lakewood even require a snow storage or snow removal plan. Obviously, uncleared snow and ice could delay emergency response after a winter storm. And there are serious fire safety, traffic safety and wildfire issues that have been previously raised in the Informer by local resident Tom Dearth. The study of future traffic was simply a lookup in a book of traffic averages because you can't study traffic that isn't there yet. There are traffic safety issues that have not been fully considered including whether the extra vehicles parked on the street will delay emergency response or evacuation. Unfortunately, the Belmar Commons residents will have to deal with whatever eventuality afflicts their few blocks of South Yarrow Street when an 800,000 square foot building with more than 500 cars becomes their new neighbor. These developer-friendly policies, regulations, etc. are all fair game to be criticized and alternative recommendations put forth. If there is an attorney willing to invest some legal sweat-equity, that might also be helpful. The City Council and Planning Department will tell you they can't do anything because it is a 'use-by-right' development. But we are not talking about some inherent human right. They are referring to a right they themselves granted through their own planning, zoning, growth cap waiver and redevelopment process. It is up to them to take responsibility for what they have done. And up to the voters to hold them accountable. Do not stand back. Stand UP! Thanks for listening. 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