Westminster council approves first reading to reclassify former Zurger Elementary site amid neighborhood safety and testing debate

Westminster City Council on Jan. 26 approved on first reading a councilor bill to change the land‑use designation for the former Zurger Elementary School parcel from public/quasi‑public to residential low density, a step the city said could enable up to about 40 homes if later development plans are approved.

The decision followed a continued public hearing and more than an hour of council deliberation that centered on environmental testing for plutonium, infrastructure capacity and neighborhood integrity. Councilor Jack Johnson moved the measure, saying the change “meets the vision of that neighborhood” and advances the city’s housing goals. The motion passed on first reading by a 5–1 roll call vote; one councilor recused themselves because of a perceived financial interest.

Why it mattered: Neighbors and community groups urged caution, saying the site lies in a region historically associated with contamination from the Rocky Flats nuclear weapons plant. Speakers called for expansive sampling and clear mitigation rules before disturbing soil. Supporters and staff said the applicant performed environmental reviews beyond what the city requires and that the measured levels do not trigger state special‑construction standards.

What the record shows: Applicant representatives said they commissioned a Phase I environmental site assessment and additional sampling. Jeff Kealey of GMC Investments stated that, for the samples taken, “they are below the smallest concentration the laboratories can confidently measure,” and that the firm consulted CTL and CDPHE. Cardell Homes’ land development manager Mike Newman told council the contractor will follow control plans during construction: “we will do everything in our power to make sure that we are in compliance with everything that is required of us.”

Council debate focused on three practical questions: whether the comprehensive plan amendment meets the city’s 10 statutory criteria; whether additional or deeper testing is warranted at this stage; and what conditions should be required later at the preliminary and official development plan stages to protect public health and limit construction dust. City staff reminded council that the comprehensive plan vote is limited to the plan designation criteria and that detailed mitigation would be addressed at later permitting stages.

Recusal and legal guidance: City Attorney Frankel summarized a written legal opinion after council voted to waive attorney‑client privilege for that opinion. He advised that a financial interest must be “direct and substantial” to be disqualifying under Charter section 7.7(c), and that mere speculative effects on property values ordinarily do not create an automatic conflict. Councilor Rosati recused himself on the record, saying the decision was about “trust” and a desire to avoid appearances of personal benefit.

What’s next: The approval was for first reading of the councilor bill; the item will return for subsequent readings and, if approved, for the applicant to pursue preliminary and official development plans. Staff and council said they expect further environmental, traffic and utilities review and indicated they would consider specific dust‑mitigation and construction controls during later permitting steps.

Votes at a glance: Motion to approve first reading of Councilor Bill No. 2 to amend the comprehensive plan for the former Zurger Elementary School site — Moved by Councilor Jack Johnson; seconded by Councilor Hart; outcome: passed on first reading 5 yes, 1 no (Councilor Ireland voted no); Councilor Rosati recused.

Council and staff said they will continue outreach with the neighborhood as technical review proceeds.