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2006-43
A RESOLUTION
UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING THE ODP MODIFICATION AND THE ODP MODIFICATION ALTERNATIVE TO THE SPRINGFIELD GREEN OFFICIAL DEVELOPMENT PLAN
WHEREAS, on June 28, 2006, the Lakewood Planning Commission at a public hearing reviewed Case No. MO-05-007, an application submitted by Carma Lakewood, LLC, CDN Springfield, L.P., Teefam Colorado Land Company, L.P., and Enerwest, Inc. (collectively, "Applicant") 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, in order to apply a proposed master plan (the "Master Plan") on a majority of the Springfield Green Subdivision property. The application included 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", described in Exhibit A), that includes land use, densities, and unit types.
WHEREAS, the decision of the Planning Commission in Case No. MO-05-007 has been appealed to City Council; and,
WHEREAS, on the basis of the evidence and testimony presented to it, the City Council has determined that the decision of the Planning Commission should be sustained and that the ODP Modification and the ODP Modification Alternative should be approved.
WE FIND THAT:
1. 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,
2. The request for modification was reviewed by the appropriate agencies; and,
3. The requirements of Note #18 of the Final Plat for the Springfield Green
Subdivision, dated April 22, 1986, have been satisfied. Specifically, the Master
Plan includes land use, densities, and unit types. The Master Plan satisfies
the criteria for development set forth in the Rooney Valley Master Plan.
4. 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.
5. Parkland land dedication will be satisfied with this proposal.
6. School land fees in?lieu?of land dedications will be required with this proposal.
7. The request for Modification meets the intent of the Lakewood Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakewood,
Colorado, that:
SECTION 1. In Case No. MO-05-007, the City Council sustains the decision of
the Planning Commission approving the ODP Modification, as described in Exhibit
B, and the ODP Modification Alternative, as described in Exhibit A, for the
property located at 2600 South McIntyre Street, Lakewood, Colorado, in order
to apply the Master Plan on a majority of the Springfield Green Subdivision
property that includes land use, densities, and unit types.
SECTION 2. The City Council's decision is based upon the satisfaction of the
criteria set forth in the Rooney Valley Master Plan and the satisfaction of
the requirements of Lakewood Zoning Ordinance 17-5-22(5)(d)(1-5). Specifically,
the ODP Modification and ODP Modification Alternative:
A. Are consistent with the efficient development and preservation of the entire
Planned Development;
B. Do not affect in a substantially adverse manner the enjoyment of land abutting
or across the street from the Planned Development;
C. Do not affect in a substantially adverse manner the public interest;
D. Are 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.
SECTION 3. The ODP Modification, and not the ODP Modification Alternative, shall
take effect subject to the condition that the rezoning and land exchange set
forth in Ordinance 0-2006-15 takes effect (the "Rezoning and Land Exchange
Condition"). 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.
Should the ODP Modification not take effect on or before January 1, 2008, then
the ODP Modification Alternative shall take effect. On account of the foregoing
approval of the ODP Modification and ODP Modification Alternative, failure of
the Rezoning and Land Exchange Condition for any reason whatsoever shall not
delay the Applicant's commencement of construction upon that portion of the
Property not affected by the Rezoning and Land Exchange Condition.
INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular
meeting of the City Council on July 24, 2006, at 7 o'clock p.m. at the Lakewood
Civic Center, 480 South Allison Parkway, Lakewood, Colorado.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
EXHIBIT A
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.
EXHIBIT B
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:
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 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.
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