Commissioner Lawrence moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC00-336
Case No. 99015246RZP1 Map No. 249
Applicant: Allyn S. Breech
Location: 32421 Buffalo Creek Road
(Section 7, 17 and 18, Township 5 South, Range 71 West)
From: Agricultural-Two
To: Planned Development
Purpose: Rezoning to allow single family
residential uses (up to four lots)
Approximate Area: 56.75 Acres
WHEREAS, Allyn S. Breech filed an application with the Planning and Zoning Department of Jefferson County to rezone the herein described property in Jefferson County from Agricultural-Two Zone District to Planned Development Zone District; and
WHEREAS, a public hearing was held by the Jefferson County Planning Commission on June 7, 2000, at which time the Planning Commission did, by formal resolution, recommend approval of the subject rezoning application with conditions; and
WHEREAS, after notice as provided by law, a public hearing was held by this Board on June 20, 2000, which hearing was continued for decision only to July 11, 2000; and
WHEREAS, based on the study of the Comprehensive Plan, recommendations of the Jefferson County Planning Commission, recommendations of the Jefferson County Planning and Zoning Department, comments of public officials and agencies, and testimony and written comments from all interested parties, this Board finds as follows:
CC00-336
1. That proper posting, publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners of Jefferson County.
2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at those hearings.
3. As conditioned below, the proposal is in substantial conformance with the Evergreen Area Community Plan because all applicable plan recommendations have been satisfied. The proposal qualifies for smaller lot sizes because it meets the requirements for "excellent site design" under the Community Plan, in part because most of the 41-acre parcel will be nonbuildable and because the applicant has agreed to place a perpetual conservation easement on the 41-acre parcel.
4. As conditioned below, the proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because the density, lot sizes, and location of proposed development are compatible with surrounding land uses. Specifically, the Official Development Plan provides for up to three lots of a minimum of 5 acres to be located on the eastern portion of the property, which abuts single-family residential development of five acres or less; and for one large lot of more than 41 acres, protected by a perpetual conservation easement, to be located on the western portion of the property, providing a good transition to development consisting of larger lots to the south, as well as Denver Mountain Parks properties to the west and north. The proposed use will be further buffered from existing development because the Official Development Plan requires substantial setbacks from all property lines and designation of a large part of the parcel as "non-buildable."
5. The subject property is served by Evergreen Fire Protection District.
6. No known commercial mineral deposits exist on the subject property.
7. That for the above stated reasons, the applied for rezoning is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the residents of Jefferson County.
8. That each of the factors set forth above is adequate independently to support this resolution.
CC00-336
Page 3
NOW, THEREFORE, BE IT RESOLVED that Rezoning Application Case No. 99015246RZP1 to amend Jefferson County Zoning Map No. 249 to rezone the Agricultural-Two Zone District to Planned Development Zone District for the following described unincorporated area of Jefferson County, be and hereby is APPROVED, subject to the following conditions:
a. Correction of the red-marked print in accordance with the Official Development Plan Graphic dated June 7, 2000 prior to preparation of a mylar for recording.
b. Placement of a perpetual conservation easement, meeting staff requirements, on the 41-acre parcel, at the time of recordation of the Official Development Plan.
CC00-336
Page 4
Commissioner Holloway seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Michelle Lawrence Aye
Commissioner Patricia B. Holloway Aye
Commissioner Richard M. Sheehan, Chairman Aye
The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: July 11, 2000
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Last modified: April 07, 2005