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AS AMENDED, AUGUST 27, 2007

O-2007-26

AN ORDINANCE

ESTABLISHING VESTED RIGHTS BY APPROVING A SITE SPECIFIC DEVELOPMENT PLAN, INCLUDING A DEVELOPMENT AGREEMENT, PURSUANT TO ARTICLE 18 OF THE LAKEWOOD ZONING ORDINANCE FOR THE PROPERTY KNOWN AS THE SOLTERRA SUBDIVISION, LOCATED AT 2600 SOUTH MCINTYRE STREET, AN AREA GENERALLY DESCRIBED AS A PART OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO.

WHEREAS, on July 18, 2007, at the request of CARMA Lakewood, LLC, a Colorado limited liability company, Richmond American Homes of Colorado, Inc., a Colorado corporation and WEWIN LLC, a Colorado limited liability company (collectively, the "Applicant"), the Planning Commission approved the Solterra Subdivision Filing No.2 final plat, subdividing land located within the City of Lakewood at 2600 South McIntyre Street, an area generally described as a part of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado; and,

WHEREAS, on July 18, 2007, the Planning Commission recommended approval of a Development Agreement for Springfield Green (Solterra Subdivision Filing No.2), between the Applicant and the City of Lakewood (the "Development Agreement"), the form of which is attached hereto as Exhibit A; and,

WHEREAS, the Development Agreement provides for the establishment of vested property rights; and,

WHEREAS, the Development Agreement and certain other approvals more particularly described therein, collectively constitute a "Site Specific Development Plan" for the purpose of establishing vested property rights pursuant to Article 18 of the Lakewood Zoning Code and C.R.S. 24-68-101, et seq.; and,

WHEREAS, notice of the Public Hearing to the fee owners of the property and residents within 500 feet and registered neighborhood associations within 1,000 feet was made as required by Article 18 of the Lakewood Zoning Ordinance; and,

WHEREAS, City Council finds that the Applicant, in connection with the development contemplated in the Site Specific Development Plan, is entitled to vested property rights as set forth in the Development Agreement, for a period of fifteen years from the effective date and subsequent notice of publication of this ordinance O-2007-26, approving the Site Specific Development Plan. Said vested property rights are appropriate in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic factors, and market conditions; and,

WHEREAS, the Springfield Green Official Development Plan (ODP), Springfield Green ODP Modification Nos. 1 and 2, Lakewood West ODP and Westwind ODP describe the land uses, development standards, and the design and development regulations relating to the development contemplated by the Site Specific Development Plan.

NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, that:

SECTION 1. The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the City Council.

SECTION 2. City Council finds that the development set forth in the Site Specific Development Plan, is entitled to vested property rights for a period of fifteen years from the effective date of this Ordinance. Said vested property rights are appropriate in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic factors, and market conditions.

SECTION 3. City Council hereby approves the Development Agreement.

SECTION 4. This ordinance shall take effect thirty (30) 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 13th day of August, 2007; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 16th day of August, 2007; set for public hearing on the 27th day of August, 2007, read, finally passed and adopted by the City Council on the 27th day of August, 2007, and, signed and approved by the Mayor on the 28th day of August, 2007.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Paul Kennebeck, Interim City Attorney

EXHIBIT A
Development Agreement for Springfield Green (Solterra Subdivision Filing No.2) [see attached page(s)]
Legal Description

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