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O-2009-30
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 CENTRE OFFICIAL DEVELOPMENT PLAN (ODP), LOCATED AT 2301 SOUTH MCINTYRE STREET, AN AREA GENERALLY DESCRIBED AS A PART OF SECTION 25 & 26, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO.
WHEREAS, on June 3, 2009, at the request of Chris Bremner with Carma Lakewood, LLC for CDN Red Rocks, L.P. (the Applicant) the Planning Commission recommended approval of the Solterra Centre ODP to the City Council located within the City of Lakewood at 2301 South McIntyre Street, an area generally described as a part of Section 25 & 26, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado; and,
WHEREAS, on June 3, 2009, the Planning Commission recommended approval of Case No. VS-09-001 to the City Council for the City to enter into a Development Agreement with the Applicant, 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 twenty-five years from the effective date and subsequent notice of publication of this ordinance O‑2009‑30, approving the vesting of the Site Specific Development Plan, Solterra Centre ODP. 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 Solterra Centre ODP, Site Specific Development Plan, describes the land uses, development standards, and the design and development regulations relating to the development.
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 twenty-five 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 22nd day of June 2009; published by title in the Denver Post and in full on the City of Lakewood's website, www.lakewood.org., on the 25th day of June 2009; set for public hearing on the 13th day of July 2009; read, finally passed and adopted by the City Council on the 13th day of July, 2009, and signed, and approved by the Mayor on the 14th day of July, 2009.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Timothy P. Cox, City Attorney
EXHIBIT A
Development Agreement for Solterra Centre ODP
[see attached page(s)]
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