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O-2006-15
AN ORDINANCE
REZONING 21.764 ACRES OF LAND LOCATED WITHIN IRON SPRING PARK, CITY OF LAKEWOOD;
FURTHER APPROVING THE EXCHANGE OF SUCH 21.764 ACRES OF CITY OWNED PARKLAND,
BEING A PORTION OF IRON SPRING PARK, FOR 21.771 ACRES OF PRIVATELY OWNED LAND,
LOCATED SOUTH OF ALAMEDA PARKWAY AND WEST OF HUTCHINSONS GREEN MOUNTAIN VILLAGE
FILINGS 54, 55, 56 AND 62; FURTHER, PROVIDING THAT THE LAND RECEIVED BY THE
CITY SHALL BE USED FOR OPEN SPACE AND PARK PURPOSES BY THE CITY OF LAKEWOOD
WHEREAS, after a public hearing held on June 28, 2006, the Planning Commission
recommended the rezoning which is the subject of this Ordinance; and
WHEREAS, in 1974, the City of Lakewood acquired the property known as Iron Spring
Park and accepted it "for park and other municipal purposes"; and
WHEREAS, the City of Lakewood has used and held the property for open space
and park purposes; and
WHEREAS, on May 26, 1998, the City of Lakewood adopted the Rooney Valley Master
Plan as an amendment to the City's Comprehensive Plan; and
WHEREAS, the City of Lakewood, the Town of Morrison and the County of Jefferson
worked cooperatively with property owners in and near the Rooney Valley to establish
a comprehensive plan for development of the Rooney Valley called the Rooney
Valley Joint Master Plan; and
WHEREAS, Carma Lakewood, LLC, is proposing to develop a portion of the area
known as Springfield Green Subdivision in accordance with the Rooney Valley
Master Plan; and
WHEREAS, Carma Lakewood, LLC, is authorized on behalf of the owners (Teefam
Colorado Land Company, L.P., CDN Springfield, L.P. and Enerwest, Inc.) of approximately
21.771 acres of property, hereinafter legally described, to exchange said property
with the City of Lakewood for City of Lakewood property of approximately 21.764
acres. Said property is of approximate equal size and value to implement said
Rooney Valley Master Plan; and
WHEREAS, the exchange of property of approximate equal size and value is not
a sale or lease of property as identified under Section 14.3 (b) of the City
Charter, and the exchange results in no reduction in net park area or park value
in the immediate area; and
WHEREAS, the City Council finds the proposed exchange of the property will implement
the Rooney Valley Master Plan and further finds said land exchange satisfies
the City of Lakewood Comprehensive Plan and is a fair and reasonable exchange
of real property approximately equal in both size and value.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado,
that:
SECTION 1. Upon the application of the City Manager of the City of Lakewood,
in Lakewood Zoning Case No.
RZ-05-008, and upon a recommendation of approval from the Lakewood Planning
Commission, Lakewood Zoning Maps are hereby amended to exclude from the R1A
(One Acre Residential) zone district and to include in the 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"), the property described
in Exhibit A attached hereto and made a part hereof (the "Iron Spring Park
Property").
SECTION 2. The Springfield Green Addition Official Development Plan of the above-referenced
land which has been recommended for approval by the City Planning Commission
on June 28, 2006, is approved and accepted subject to minor revisions that may
be required to conform to current City of Lakewood regulations and completion
as required in the stipulations which are part of said Official Development
Plan.
SECTION 3. The Mayor and City Clerk are hereby authorized and directed to certify
the within and foregoing approval and acceptance upon said Official Development
Plan. The City Clerk is hereby authorized and directed to file said Official
Development Plan with the Clerk and Recorder of Jefferson County, Colorado,
together with a certified copy of this ordinance attached thereto, pursuant
to the effective date thereof.
SECTION 4. The City Council hereby approves the exchange of the Iron Spring
Park Property of approximately 21.764 acres, for property south of Alameda Avenue
and west of Hutchinsons Green Mountain Village Filings 54, 55, 56 and 62 of
approximately 21.771 acres, legally described in Exhibit B and attached hereto
and incorporated herein by reference (the "Buffer Property"), which
approval is subject to the condition that the rezoning set forth in this Ordinance
O-2006-15 takes effect. For purposes of this Ordinance, "takes effect"
shall mean the final action by the 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.
SECTION 5. The land received by City of Lakewood (the Buffer Property) shall
be used for open space and park purposes.
SECTION 6. The City Manager is hereby authorized to execute a deed, in form
approved by the City Attorney, to convey the Iron Spring Park Property to the
owners of the Buffer Property in exchange for the conveyance of the Buffer Property
to the City.
SECTION 7. The City Manager, via the Property and Purchasing Manager is hereby
authorized to accept a deed to the City for the Buffer Property for open space
and park purposes.
SECTION 8. This ordinance shall take effect 45 days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced
and read on first reading at a regular meeting of the Lakewood City Council
on the 10th day of July, 2006; published by title in the Rocky Mountain News
and in full on the City of Lakewood's website, www.lakewood.org, on the 13th
day of July, 2006; set for public hearing on the 24th day of July, 2006, read,
finally passed and adopted by the City Council on the 24th day of July, 2006,
and, signed and approved by the Mayor on the 25th day of July, 2006.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
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