Agenda Date: 01/06/2015
Subject:
Title
Resolution approving the Second Amendment to Declaration of Agreement Establishing Building Restrictions in Plum Valley, Douglas County, State of Colorado.
Body
Presented By:
Glen Van Nimwegen, AICP, Community Development Director
POLICY QUESTION:
Does city council support the removal of covenants on lots purchased by the city in 2012 and neighboring lots, to allow use of the neighboring lots as contemplated by its recent rezoning?
BACKGROUND:
The Plum Valley subdivision was created in 1956. In 1958 the Declaration of Agreement Establishing Building Restrictions ("Declaration") was recorded, which included the provision:
"No structure shall be erected, altered or placed on any residential building plot other than one detached single family dwelling plus dwelling out buildings, the dwelling to be used solely and exclusively for residential purposes..."
In 1960, the Declaration was amended to remove all of the property in the Plum Valley subdivision from the provisions of the Declaration, except lots 1 to 6 inclusive, lots 7 to 16 inclusive, and lots 42 to 45 inclusive. The Declaration provides that all of the restrictions and covenants shall continue and be binding upon the owners of the lots in subdivision, unless a majority of the then owners agree to release, change or amend the restrictions and covenants.
On May 14, 2012 the City of Littleton purchased lots 1-6 of the Plum Valley subdivision for open space. On November 4, 2014, the city council approved the rezoning of lots 7-16 of the Plum Valley subdivision to PD-C to allow development of the site for the sales, parking and storage of motor vehicles and recreation vehicles, and other automotive-related uses for the adjacent Schomp dealerships.
STAFF ANALYSIS:
The Second Amendment to the Declaration of Agreement Establishing Building Restrictions will remove lots 1-6 (City of Littleton) and lots 7-16 (to be owned by Schomp) from the cove...
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