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Resolution - Planning Commission - Case No. MO-05-007

RESOLUTION OF CITY OF LAKEWOOD PLANNING COMMISSION

On June 28, 2006, the Lakewood Planning Commission at a public hearing reviewed Case No. MO-05-007, an application to modify the existing Springfield Green Official Development Plan (the "Original ODP") for the property located at 2600 South McIntyre Street, Lakewood, Colorado, as more fully described in the attached legal description on Exhibit A (the "Property") in order to apply a proposed master plan (the "Master Plan") on a majority of the Springfield Green Subdivision property. The application includes a modification of the Original ODP (the "ODP Modification", described in Exhibit B attached hereto and made a part hereof), and an alternate modification of the Original ODP (the "ODP Modification Alternative"), that includes land use, densities, and unit types.

Planning Commission hereby approves the ODP Modification and the ODP Modification Alternative in Case No. MO-05-007. Motion was made by COMMISSIONER URBANOWSKI and seconded by COMMISSIONER SHEFFIELD to recommend APPROVAL, which passed by a vote of 6 to 0. The roll having been called, the vote of the Lakewood Planning Commission was as follows:

William Marino Aye
Bunny Malm Absent
Rich Urbanowski Aye
George Brown III Aye
John Plotkin Aye
Michael Rohr Aye
Tracy Sheffield Aye

FINDINGS OF FACT AND CONCLUSIONS WE FIND THAT:
1. Carma Lakewood, LLC, CDN Springfield, L.P., Teefam Colorado Land Company, L.P., and Enerwest, Inc., as owners of the Property (collectively, the "Applicant"), have submitted an application for the ODP Modification and the ODP Modification Alternative to allow for residential and residential accessory uses; and
2. Notice of the Public Hearing to the fee owners of the property and residents within 500 feet and neighborhood associations within 1,000 feet was made as required by the zoning ordinance; and
3. The request for modification was reviewed by the appropriate agencies; and
4. The requirements of Note #18 of the Final Plat for the Springfield Green Subdivision, dated April 22, 1986, have been satisfied. Specifically, the Master Plans include land use, densities, and unit types. The Master Plans satisfy the criteria for development set forth in the Rooney Valley Master Plan.
5. The requirements of Lakewood Zoning Ordinance 17-5-22(5)(d)(1-5) relating to a Modification of an Official Development Plan have been fully satisfied as follows:
A. Is consistent with the efficient development and preservation of the entire Planned Development;
B. Does not affect in a substantially adverse manner the enjoyment of land abutting or across the street from the Planned Development;
C. Does not affect in a substantially adverse manner the public interest;
D. Is not granted solely to confer special benefit upon any person;
E. Application for such administrative review was accompanied by a review fee in an amount established by City Council Resolution.
6. Public improvements are required with this proposal and a Development Agreement shall be executed prior to the ODP Modification or ODP Modification Alternative taking effect.
7. Parkland land dedication will be satisfied with this proposal.
8. School land fees in-lieu-of land dedications will be required with this proposal.
9. The request for Modification meets the intent of the Lakewood Comprehensive Plan.
AND
That Planning Commission APPROVES ODP Modification and ODP Modification Alternative in Case No. MO-05-007.

ACTION

NOW, THEREFORE, BE IT RESOLVED by the Lakewood Planning Commission on the basis of the evidence presented to it and the findings and conclusions stated herein that the ODP Modification and the ODP Modification Alternative in Case No. MO-05-007 are hereby APPROVED, conditioned on the fact that the ODP Modification shall become effective only if the rezoning and land exchange described in rezoning Case No. RZ-05-008 takes effect (the "Rezoning and Land Exchange Condition"); provided however, if said Rezoning and Land Exchange Condition is not satisfied on or before January 1, 2008, then the ODP Modification Alternative shall become effective. For purposes of this resolution, "take effect" shall mean the final action by the Planning Commission, City Council, referendum, or decision by a court of competent jurisdiction by which the City or affected parties are bound and from which no appeal can be taken or the time for filing an appeal has expired.

William Marino, Chairman Rich Urbanowski, Secretary

CERTIFICATION
I, VICKI KAUFMAN, Secretary to the City of Lakewood Planning Commission, do hereby certify that the foregoing is a true copy of a resolution duly adopted by the Lakewood Planning Commission at a Public Hearing held in Lakewood, Colorado, on the 28th day of June, 2006, as the same appears in the minutes of said meeting.

Vicki Kaufman, Secretary to the LAKEWOOD PLANNING COMMISSION

LEGAL DESCRIPTION

SPRINGFIELD GREEN OFFICIAL DEVELOPMENT PLAN MODIFICATION NO. 1

Six (6) parcels of land lying in the Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described by the following parcels:

PARCEL 1
All of SPRINGFIELD GREEN, the plat of which is recorded in Plat Book 88, Pages 40 thru 46, of the records of the Jefferson County Clerk and Recorder, EXCEPT Tract A, Lot 1, Block 7, and Lot 3, Block 6, said SPRINGFIELD GREEN;

PARCEL 2
A parcel of land located in the Northeast One-Quarter (NE¼) of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

PARCEL 3
A parcel of land located in the Northeast One-Quarter (NE¼) of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

Commencing at the Southeast corner of said NE¼, said corner lying on a easterly line of said SPRINGFIELD GREEN; thence N 00°07'58" W along the East line of said NE¼ (assumed bearing all other bearings hereafter related thereto) said East line being in common with a easterly line of said SPRINGFIELD GREEN, a distance of 1285.23 feet, more or less, to a northeasterly corner of said SPRINGFIELD GREEN and the Northeast corner of the Southeast One-Quarter (SE¼) of said NE¼; thence S 89°12'15" W, along a northerly line of said SPRINGFIELD GREEN and along the North line of said SE¼, NE¼, a distance of 1281.72 feet to the True Point of Beginning; thence continuing along said northerly and North line S 89°12'15" W, a distance of 603.38 feet to a non-tangent curve; thence northeasterly along the arc of a non-tangent curve to the right having a radius of 590.00 feet, a central angle of 19°39'50" (the long chord of which bears N 30°21'12" E, a chord length of 201.50 feet), an arc distance of 202.49 feet to a point of tangency; thence N 40°11'07" E along said tangent, a distance of 125.53 feet; thence S 67°20'35" E, a distance of 227.57 feet to a point of curvature; thence southeasterly along the arc of a curve to the right having a radius of 470.00 feet, a central angle of 33°45'26" (the long chord of which bears S 50827'52" E, a chord length of 272.92 feet), an arc distance of 276.91 feet, more or less, to the True Point of Beginning; said parcel containing an area of 96,656 square feet or 2.219 acres, more or less.

PARCEL 4
A parcel of land located in the Northwest One-Quarter (NW¼) of the Northeast One-Quarter (NE¼) of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:
Beginning at the Southwest corner of said NW¼, NE¼, said corner being in common with the Southeast corner of Lot 2, Block 6, said SPRINGFIELD GREEN; thence N 00°21'31" W along the West line of said NW¼, NE¼ (assumed bearing all other bearings hereafter related thereto) said East line being in common with the East line of said Lot 2, a distance of 659.18 feet, more or less, to the Northeast corner of said Lot 2, said last corner being in common with Northwest corner of the Southwest One-Quarter (SW¼) of said NW¼, NE¼; thence N 89°11'51" E along the North line of said SW¼, NW¼, NE¼, a distance of 585.50 feet to a non-tangent curve; thence northwesterly along the arc of a non-tangent curve to the right having a radius of 565.37 feet, a central angle of 19°06'39" (the long chord of which bears N 07°19'33" W, a chord length of 187.70 feet), an arc distance of 188.58 feet to a non-tangent curve; thence northeasterly along the arc of a non-tangent curve to the right having a radius of 572.00 feet, a central angle of 10°15'53" (the long chord of which bears N 09°47'12" E, a chord length of 102.34 feet), an arc distance of 102.47 feet to a point of tangency; thence N 14°55'09" E along said tangent, a distance of 143.43 feet, more or less, to a non-tangent curve on the southerly right-of-way line of West Alameda Avenue as described in Book 384, at Page 279, of said records; thence southeasterly along said southerly right-of-way line along the arc of a non-tangent curve to the left having a radius of 3257.38 feet, a central angle of 00°31'40" (the long chord of which bears S 74°10'18" E, a chord length of 30.00 feet), an arc distance of 30.00 feet; thence leaving said right-of-way line S 14°55'09" W, a distance of 142.95 feet to a point of curvature; thence southwesterly along the arc of a curve to the left having a radius of 542.00 feet, a central angle of 10°11'51" (the long chord of which bears S 09°49'13" W, a chord length of 96.34 feet), an arc distance of 96.46 feet to a non-tangent curve; thence southeasterly along the arc of a non-tangent curve to the left having a radius of 535.37 feet, a central angle of 27°51'02" (the long chord of which bears S 11°45'49" E, a chord length of 257.68 feet), an arc distance of 260.24 feet to a non-tangent curve; thence southeasterly along the arc of a non-tangent curve to the left having a radius of 530.00 feet, a central angle of 26°29'16" (the long chord of which bears S 36°18'38" E, a chord length of 242.84 feet), an arc distance of 245.02 feet to a non-tangent curve; thence southwesterly along the arc of a non-tangent curve to the left having a radius of 545.00 feet, a central angle of 45°44'16" (the long chord of which bears S 21°10'01" W, a chord length of 423.60 feet), an arc distance of 435.06 feet, more or less, to the South line of said NW¼, NE¼, said South line being in common with a northerly line of said SPRINGFIELD GREEN; thence S 89°12'15" W along said South line, and along said northerly line and the westerly extended northerly line of said SPRINGFIELD GREEN, a distance of 630.78 feet, more or less, to the Point of Beginning; said parcel containing an area of 461,293 square feet or 10.59 acres, more or less.

PARCEL 5
A parcel of land located in the Northwest One-Quarter (NW¼) of the Northeast One-Quarter (NE¼) of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

Commencing at the Southwest corner of said NW¼, NE¼, said corner being in common with the Southeast corner of Lot 2, Block 6, said SPRINGFIELD GREEN; thence N 61°13'25" E (basis of bearing: based on the West line of said NW¼, NE¼, which is assumed to bear N 00821'31" W all other bearings hereafter related thereto), a distance of 936.60 feet to the True Point of Beginning; thence northwesterly along the arc of a non-tangent curve to the right having a radius of 470.00 feet, a central angle of 13°45'14" (the long chord of which bears N 42°24'36" W, a chord length of 112.55 feet), an arc distance of 112.82 feet; thence N 55°59'17" E, a distance of 30.01 feet to a non-tangent curve; thence southeasterly along the arc of a non-tangent curve to the left having a radius of 440.00 feet, a central angle of 13°39'01" (the long chord of which bears S 42°27'43" E, a chord length of 104.58 feet), an arc distance of 104.83 feet; thence S 40°42'47" W, a distance of 30.00 feet, more or less, to the True Point of Beginning; said parcel containing an area of 3,265 square feet or 0.07 acres, more or less.

PARCEL 6
A parcel of land located in the Northwest One-Quarter (NW¼) of the Northeast One-Quarter (NE¼) of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southwest corner of said NW¼, NE¼, said corner being in common with the Southeast corner of Lot 2, Block 6 said SPRINGFIELD GREEN; thence N 52°15'01" E (basis of bearing: based on the West line of said NW¼, NE¼, which is assumed to bear N 00821'31" W and all other bearings hereafter related thereto), a distance of 918.53 feet to the True Point of Beginning; thence northwesterly along the arc of a curve to the right having a radius of 470.00 feet, a central angle of 08°22'19" (the long chord of which bears N 27°12'04" W, a chord length of 68.61 feet), an arc distance of 68.67 feet to a non-tangent curve; thence northwesterly along the arc of a non-tangent curve to the right having a radius of 463.26 feet, a central angle of 27°50'08" (the long chord of which bears N 06°08'34" W, a chord length of 222.86 feet), an arc distance of 225.06 feet to a non-tangent curve; thence northeasterly along the arc of a non-tangent curve to the right having a radius of 458.00 feet, a central angle of 10°10'58" (the long chord of which bears N 09°49'40" E, a chord length of 81.29 feet), an arc distance of 81.40 feet to a point of tangency; thence N 14°55'09" E along said tangent, a distance of 143.09 feet, more or less, to a non-tangent curve on the southerly right-of-way line of West Alameda Avenue as described in Book 384, at Page 279, of said records; thence southeasterly along said southerly right-of-way line along the arc of a non-tangent curve to the left having a radius of 3257.38 feet, a central angle of 00°31'40" (the long chord of which bears S 76°10'37" E, a chord length of 30.01 feet), an arc distance of 30.01 feet; thence leaving said right-of-way line S 14°55'09" W, a distance of 143.66 feet to a point of curvature; thence southwesterly along the arc of a curve to the left having a radius of 428.00 feet, a central angle of 10°17'21" (the long chord of which bears S 09846'28" W, a chord length of 76.76 feet), an arc distance of 76.86 feet to a non-tangent curve; thence southeasterly along the arc of a non-tangent curve to the left having a radius of 433.26 feet, a central angle of 27°56'26" (the long a chord of which bears S 06°05'25" E, a chord length of 209.20 feet), an arc distance of 211.28 feet to a non-tangent curve; thence southeasterly along the arc of a non-tangent curve to the left having a radius of 449.17 feet, a central angle of 07°49'42" (the long chord of which bears S 27°15'07" E, a chord length of 61.32 feet), an arc distance of 61.37 feet; thence S 55°59'17" W, a distance of 30.03 feet, more or less, to the True Point of Beginning; said parcel containing an area of 15,172 square feet or 0.348 acres, more or less.

SPRINGFIELD GREEN OFFICIAL DEVELOPMENT PLAN MODIFICATION NO. 1 (ALTERNATIVE)

A parcel of land being all of SPRINGFIELD GREEN, the plat of which is recorded in Plat Book 88, pages 40 thru 46, of the records of the Jefferson County Clerk and Recorder, EXCEPT Tract A, Lot 1, Block 7, and Lot 3, Block 6, said SPRINGFIELD GREEN, and also EXCEPTING West Yale Avenue and South McIntyre Street dedicated by said SPRINGFIELD GREEN, further lying in Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, said parcel containing an area of 284.396 acres, more or less.


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