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On June 28, 2006, the Lakewood Planning Commission at a public
hearing reviewed Case No. RZ-05-008, a request to rezone five (5) parcels of
land located in Iron Spring Park , City of Lakewood, Colorado, as described
collectively in Exhibit A, attached hereto and made a part hereof, from R-1A
(One Acre Residential) zone district to PD (Planned Development) zone district
(said district known as the Springfield Green Addition Official Development
Plan) to have the same standards as the original Springfield Green Official
Development Plan (the "Original ODP").
Planning Commission hereby recommends City Council approve Case No. RZ-05-008.
Motion was made by COMMISSIONER URBANOWSKI and seconded by COMMISSIONER PLOTKIN
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. The City Manager of the City of Lakewood has submitted an application to
rezone approximately 21.77 acres of land from R-1A (One Acre Residential) zone
district to PD (Planned Development) zone district (said district known as the
Springfield Green Addition Official Development Plan) to have the same standards
as the Original ODP.
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 rezoning was reviewed by the appropriate agencies; and
4. The exchange of City of Lakewood parkland identified as a portion of Iron
Spring Park, as described in Exhibit A, exchanged for land owned by Teefam Colorado
Land Company, L.P., CDN Springfield, L.P. and Enerwest, Inc., located south
of Alameda Parkway and west of Hutchinsons Green Mountain Village Filings 54,
55, 56 and 62, as described in Exhibit B, attached hereto and made a part hereof,
as shown on the Springfield Green Official Development Plan Modification No.
1 fully satisfies the City of Lakewood Comprehensive Plan and the Rooney Valley
Master Plan.
5. The criteria established at Lakewood Zoning Ordinance 17-17-7 are met:
a) That the proposed rezoning promotes the health, safety or welfare of the
inhabitants of the City of Lakewood and the purposes of this Ordinance; and
b) The proposal as evidenced by the Conceptual Site Plan, is compatible with
surrounding uses; or in the case of redevelopment that the proposal is an improvement
to the area; and
c) The proposal as evidenced by the Conceptual Site Plan, enhances significant
natural characteristics of the site by preservation or incorporating the features
into the development's open space; and
d) The proposal as evidenced by the Conceptual Site Plan and/or Official Development
Plan, shall comply with the Performance-Based Review Process contained in Article
7 of this Zoning Code; and
e) At least one of the following additional factors exist:
1. The proposed rezoning is consistent with the goals of the Comprehensive Plan.
2. There has been a material change in the character of the neighborhood or
in the City generally, such that the proposed rezoning would be in the public
interest and consistent with the change; or
3. The property to be rezoned was previously zoned in error.
6. While the application pre-dates the requirements to satisfy performance-based
standards and are therefore not applicable, nevertheless, the performance-based
review standards are met:
a) With regards to the performance based element regional context, the proposal
is within the proposed growth boundary of the Metro Vision 2030 Plan and would
provide housing that is compatible with the surrounding neighborhoods that would
be viable for the future growth of the Denver Metro Region.
b) With regards to the performance based element environmental sustainability,
the proposal will protect existing views; homes will be integrated with the
topography; no development will occur on slopes greater than 20%, and two (2)
wildlife corridors will be provided.
c) With regards to the performance based element infrastructure, adequate public
services are available to this location and that the project does not further
impact natural systems.
d) With regards to the performance based element transportation connections,
the proposal promotes the goals and is consistent with the Lakewood Bicycle
System Master Plan. Will provide for a neighborhood collector and various roadways
that are incorporated within a Development Agreement for the construction of
public improvements.
e) With regards to the performance-based element building design and function,
the proposal will incorporate the design standards of the Rooney Valley Development
Plan including hillside development standards. This includes: protecting existing
views, building roadways and homes that are integrated with the topography,
grading that is comparable to the topography, minimizing disturbance to open
space, drainage and hillsides. The proposal will be required to use water smart
landscaping and the applicant is proposing energy efficient building materials
and design techniques.
f) With regards to the performance based element site design and function, the
proposal promotes high quality design and interacts with the existing neighborhoods
by adhering to the "hillside development standards", proposing densities,
building heights, setbacks and building techniques similar to those used in
the surrounding neighborhoods. The overall site design incorporates wildlife
corridors, a proposed buffer, and neighborhood connectivity and interaction.
g) With regards to the performance based element community image and identity,
the proposal strengthens Lakewood's image and identity. The proposal fosters
commitment to the local and regional area by developing within the parameters
of the Rooney Valley Master Plan and the Rooney Valley Development Standards.
h) With regards to the performance based element community sustainability, the
proposal satisfies the needs of both the community and the applicants without
compromising future redevelopment opportunities. The proposal allows for residential
development that is compatible in density and use with the existing residential
neighborhood to the east.
i) The proposed rezoning promotes the health, safety or welfare of the inhabitants
of the City of Lakewood and the purposes of the Ordinance.
j) The proposal as evidenced by the ODP Modification and ODP Modification Alternative,
is compatible with surrounding residential, park and open space uses.
k) The proposal as evidenced by the ODP Modification and ODP Modification Alternative
does comply with the Performance-Based Review Process contained in Article 7
of the Zoning Code.
l) The proposal is consistent with the goals of the Lakewood Comprehensive Plan.
m) The proposed zoning has met the requirements of the Neighborhood Referral
Program.
AND
That the Planning Commission recommends that the City Council APPROVE rezoning Case No. RZ-05-008
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 Rezoning Case No. RZ-05-008, rezoning from R-1A (One Acre Residential)
zone district to PD (Planned Development) zone district to have the same standards
as the Original ODP is hereby recommended for APPROVAL, subject to the condition
that the ODP Modification described in Case No. MO-05-007 (and not the ODP Modification
Alternative) takes effect. For purposes of this resolution, "take effect"
shall mean the final action by the Planning Commission, City Council, 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 ADDITION OFFICIAL DEVELOPMENT PLAN
Five (5) 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
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 the northerly
line of said SPRINGFIELD GREEN and along the North line of said SE¼,
NE¼, a distance of 696.31 feet to the True Point of Beginning; thence
continuing along said northerly and North line S 89°12'15" W, a distance
of 515.64 feet to a non-tangent curve; thence northwesterly along the arc of
a non-tangent curve to the left having a radius of 530.00 feet, a central angle
of 37°50'44" (the long chord of which bears N 48812'14" W, a chord
length of 343.75 feet), an arc distance of 350.08 feet to a non-tangent line;
thence N 67°20'35" W, a distance of 188.19 feet; thence N 37°44'00"
E, a distance of 354.09 feet; thence S 89°46'08" E, a distance of 312.97
feet; thence S 41°12'02" E, a distance of 151.03 feet; thence N 89°45'56"
E, a distance of 51.67 feet; thence S 48°30'45" E, a distance of 429.25
feet; thence S 00°02'06" E, a distance of 122.87 feet; thence S 47°21'52"
W, a distance of 76.18 feet, more or less, to the True Point of Beginning; said
parcel containing an area of 371,652 square feet or 8.532 acres, more or less.
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:
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 3
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 4
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 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 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.
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