Sustainable Development Standards

Overview

City Council adopted amendments to Article 13 of the Lakewood Zoning Ordinance to update and expand sustainable development standards so new development in the coming years reflects our community’s vision as adopted in the Comprehensive Plan and Sustainability Plan. Click through the following sections to learn more about each part of the sustainable development standards. Key resource documents to help meet these standards are located in the panel to the right.

 

Purpose and Impact

The guiding principle for these standards is the expectation that upcoming new development should minimize unwanted impacts on the community while also contributing its share to the collective effort to conserve our natural resources, minimize pollution and support the community’s vision for a vibrant and sustainable city. Read the summary report and watch the June 27 City Council meeting video at LakewoodSpeaks.org.

By 2030, these new development requirements are anticipated to have a wide range of significant community benefits, from an increase in local neighborhood amenities to a reduction in annual greenhouse gas emissions. Read more about the benefits of the new standards on the Good News Blog.

 

The potential 2030 impact of the Article 13 updates include: 200 development projects investing in the community through the Enhanced Development Menu; 200,000 metric tons of avoided GHG emissions (10% reduction); Potential for more than $20 million in utility bill savings for building occupants; Reduction of other air pollutants (ozone, SO2, N2O, particulates, and more); 65% landfill diversion rate for Construction & Demolition waste; and funding to support sustainability of existing buildings and infrastructure.

Enhanced Development Menu

Sustainable Development Overview

The guiding principle for these standards is the expectation that upcoming new development should minimize unwanted impacts on the community while also contributing its share to the collective effort to conserve our natural resources, minimize pollution and support the community’s vision for a vibrant and sustainable city. This is accomplished through the three sections of Article 13, which focus on the physical built environment, emissions reduction, and waste.

Framework with EDM, GHG, C&D, and future Benchmarking.

 

By 2030, these new development requirements are anticipated to have a wide range of significant community benefits, from an increase in local neighborhood amenities to a reduction in annual greenhouse gas emissions. Read more about the benefits of the new standards on the Good News Blog

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Project Background

For over a year, Sustainability staff collaborated with Lakewood community members, technical subject experts and other city departments to draft requirements that fit the context of the city and help further the city’s commitments to mitigate climate change. From October 2021 through June 2022, staff presented at six public meetings with the Planning Commission and City Council to share progress, receive feedback, and ultimately adopt the updated Article 13 into the Lakewood Zoning Ordinance.

The updated Article 13 expands beyond the previous Enhanced Development Menu (EDM) by incorporating a Greenhouse Gas Mitigation Program (GHGMP) and supplemental standards to support the implementation of the existing Construction and Demolition Waste Recycling (C&D) requirements in the building code. It also reserves space for future additions to the sustainable development standards as new programs and policies are adopted.

Read the summary report and watch the June 27 City Council meeting video at LakewoodSpeaks.org.

 

Enhanced Development Menu

The Enhanced Development Menu (EDM) is a point-based menu where developers choose from a selection of sustainability features to earn the required number of points. It is designed to be flexible and context-specific, allowing for a wide variety of items to be implemented within a development site that holistically promote city goals. Examples of these items range from energy efficiency and renewable energy sources to local food access and public art.

 

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Greenhouse Gas Performance Standard

The Greenhouse Gas Mitigation Program establishes a performance standard based on the emissions reduction needed to meet the city’s climate commitments. It has been designed to capture the impact that all developments have on air quality and emissions, which cannot be seen and do not stay within the confines of a single property. The idea here is that new development must have emissions that reflect where we want to be, not where we are right now. This section of the code determines the maximum amount of annual emissions allowed based on the type and size of development, helps calculate the projected emissions of a given development, and offers ways to reduce emissions to get closer to or meet the performance standard. If there are excess emissions, a fee-in-lieu of compliance is charged at the rate of the Social Cost of Carbon for 10 years’ worth of cumulative annual emissions.

 

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Construction and Demolition Waste Recycling

The Construction and Demolition (C&D) Waste Recycling Supplemental Standards have been developed to support the logistics and knowledge of C&D recycling to further comply with the existing waste diversion requirements adopted in the building code. The Supplemental Standards are only applicable to new projects which started the development review process after August 1, 2022, and include more planning on the front end, stronger reporting requirements on the back end and establish a deposit/refund system to incentivize compliance. They do not change the existing recycling requirements that may apply to other types of projects.

 

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The Enhanced Development Menu (EDM) is a point-based menu where developers choose from a selection of sustainability features to earn the required number of points. It is designed to be flexible and context-specific, allowing for a wide variety of items to be implemented within a development site that holistically promote city goals. Examples of these items range from energy efficiency and renewable energy sources to local food access and public art.

Applicability: Required for new multi-family and non-residential development over 2,500 sf and for 3+ lot single-family subdivisions and major remodels/additions of >20% of existing site Exceptions: • Individual single-family and duplexes • Affordable housing units (reduced points) • Designated historic landmarks (reduced points) Point Requirements: Point structure based on development size: • Development Size < 2,500 sq ft: No points required • Development Size 2,500 – 10,000 sq ft: 10 points • Development Size 10,000 – 150,000 sq ft: 1 point required per 1,000 sf • Development Size >150,000 sq ft: 150 points Developments over 150,000 sq ft must earn a minimum of 40 points from select high-impact prerequisite items, including a minimum of 20 points from either Renewable Energy or Building Electrification, and a minimum of 20 points from either Enhanced Streetscapes or Social Connection Amenities. The fee-in-lieu rate for prerequisite points is 1.5x the regular per-point fee-in-lieu rate. Menu Variety: 28 total menu options across 6 topic categories, including 11 new items and an Open Option for ideas not currently listed in the menu. Highlights of new options include: reduce stormwater pollution, pollinator-friendly landscaping, low-emissions materials, reuse existing buildings, pedestrian-friendly streetscapes, housing design for accessibility, and a limited fee-in-lieu. Limited Fee-in-Lieu: Available for required points over 50 (projects over 50,000 sf) The per-point rate was set by Resolution 2022-49 • Under 50,000 sf: not eligible for fee-in-lieu • 50,000 to 150,000 sf: $4,000 per point • Over 150,000 sf: $4,000 plus $10 per 1,000 sf over 150,000 sf, per point

Greenhouse Gas Mitigation Program

The Greenhouse Gas Mitigation Program establishes a performance standard based on the emissions reduction needed to meet the city’s climate commitments. It has been designed to capture the impact that all developments have on air quality and emissions, which cannot be seen and do not stay within the confines of a single property. The idea here is that new development must have emissions that reflect where we want to be, not where we are right now. This section of the code determines the maximum amount of annual emissions allowed based on the type and size of development, helps calculate the projected emissions of a given development, and offers ways to reduce emissions to get closer to or meet the performance standard. If there are excess emissions, a fee-in-lieu of compliance is charged at the rate of the Social Cost of Carbon for 10 years’ worth of cumulative annual emissions.

Applicability: Required for all new construction of single-family and duplex/attached homes, multi-family residential, and non-residential developments. Required for major remodels/additions greater than 20% of the existing site for multi-family and non-residential developments. Performance Standard (maximum allowed emissions): There is a gap between the city’s projected emissions trajectory based on actual emissions, and the adopted goal emissions to be met by 2030. How do we reduce the citywide projected emissions to meet our climate commitments? New development needs to be aligned with the 2030 target emissions, which is the performance standard. Meeting the Performance Standard: There are several ways to meet the Performance Standard. The best option is to design the development to meet the goal. If that is not possible, how can a proposed development reduce the projected emissions to meet the performance standard? They can reduce emissions using mitigation strategies like energy efficiency, renewables, EV charging, and waste diversion. As a bonus, they can leverage EDM items to earn EDM points while reducing emissions. Any emissions exceeding the performance standard after incorporating mitigation strategies are subject to a fee-in-lieu of compliance. Fee-in-Lieu of Compliance: The fee-in-lieu is charged at the rate of $76 per metric ton of CO2 equivalent emissions over the Performance Standard. This is the rate of the Social Cost of Carbon as determined from state and federal guidance. The fee-in-lieu is charged for 10 years’ worth of annual emissions. Emissions from electricity are “discounted” based on Xcel Energy’s plans to increase renewable energy in the electrical grid.

Construction and Demolition Waste Recycling

The Construction and Demolition (C&D) Waste Recycling Supplemental Standards have been developed to support the logistics and knowledge of C&D recycling to further comply with the existing waste diversion requirements adopted in the building code. It includes more  planning on the front end, stronger reporting requirements on the back end and establishes a deposit/refund system to incentivize compliance.

Existing Building Code Applicability: Required for all new construction over 2500 sf and for all demolition. Supplemental Standards Applicability: Projects which also require EDM review (multi-family and non-residential over 2500 sf) Supplemental Standards: 1) Comprehensive Waste Management Plan approved prior to permit issuance 2) Compliance Report for end-of-project reporting requirements 3) Deposit to be paid at permit issuance, and refunded upon compliance at the end of the project • $1 per square foot, min $2,500 and max $100,000. • Refund to be prorated for partial compliance.

Climate Protection and Sustainability Fund

When a developer chooses to not design their project to meet these Article 13 standards, any fees-in-lieu of compliance from the EDM and GHG standards and forfeited performance deposits from the C&D standards will be directed to a Climate Protection & Sustainability Fund. As aligned with legal requirements for fee-in-lieu expenditures, these revenues will fund a Climate Protection & Sustainability Program for advancing sustainability of the built environment, climate mitigation and adaptation, and waste reduction projects. Some examples may include energy and water efficiency retrofits, renewable energy and electrification assistance and tree planting and preservation to support clean air and reduce urban heat impacts. The allocations for specific projects will be approved by Council through the usual annual budget process, where staff will report on the previous year's impact and request allocations for the coming year. Proposed projects will be evaluated for their contribution to emissions reduction, community resilience, environmental justice, and equity.