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Commissioner Laura moved that the following Resolution be adopted:

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF JEFFERSON

STATE OF COLORADO

RESOLUTION NO. CC94-59

Case No. Z93-53Map No. 211

Applicant: HIWAN COUNTRY CLUB, INC.

Location: 30651-30671 Club House Lane

Sections 28 and 29, Township 4 South, Range 71 West

From: Commercial-One (C-1), Planned Development (P-D), and Mountain Residential-One (MR-1) Zone Districts

To: Planned Development, amended (P-D, as amended) Zone District

Purpose: To develop a uniform set of standards for clubhouse, pool, pool house, and racquet house

Approximate Area:5.12 acres

WHEREAS, Hiwan Country Club, Inc. did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County from Commercial-One (C-1), Planned Development (P-D), and Mountain Residential-One (MR-1) Zone District to Planned Development (P-D) Zone District; and

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WHEREAS, a public hearing was held by the Jefferson County Planning Commission on January 12, 1994, 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 January 25, 1994; and

WHEREAS, based on the study of the Comprehensive Plan, recommendations of the Jefferson County Planning Commission, comments of the Jefferson County Planning Department, comments of public officials and agencies, and testimony and written comments from all interested parties, this Board finds as follows:

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.That the proposal, as conditioned below, is in substantial conformance with the criteria of most major issue areas of the Evergreen Area Community Plan component of the Jefferson County Comprehensive Plan because the uses proposed specifically are permitted outside activity centers and open space and recreation are a priority use. The proposal will have minimal visual impacts.

4.That the proposed land use, as conditioned below, is compatible with existing and permitted land uses in the surrounding area because this proposal is being rezoned to ensure consistency and compatibility with the surrounding area.

5.That the subject property is located in the Evergreen Metropolitan Water and Sanitation District. The subject property will also be served by Evergreen Fire Protection District.

6.That no known commercial mineral deposits exist upon the subject property.

7.That for the above stated reasons, the applied for rezoning, as conditioned below, is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the residents of Jefferson County.

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8.That each of the factors set forth above is adequate independently to support this resolution.

NOW, THEREFORE, BE IT RESOLVED that Rezoning Application Case No. Z93-53 to amend Jefferson County Zoning Map No. 211 to amend the Planned Development (P-D) Zone District and to exclude from Commercial-One (C-1) and Mountain Residential-One (MR-1) Zone Districts upon the following described unincorporated area of Jefferson County, be and hereby is APPROVED, subject to the filing of the amended Official Development Plan with the revisions to the red-marked print of the Official Development Plan dated December 30, 1993, which is on file in the Planned Department and with the following additional modifications:

1.That bear-proof trash containers shall be installed and maintained as requested by the Division of Wildlife letter dated December 1, 1993 unless the trash containers are located indoors.

2.That fencing of trash containers shall be in accordance with the fence restrictions in the Official Development Plan which shall be limited to masonry or wood. No chain link fencing shall be allowed.

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BE IT FURTHER RESOLVED that this zoning shall not become effective until all conditions set forth above have been satisfied and the Official Development Plan is recorded.

Commissioner Miller seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:

Commissioner Gary D. Laura AYE

Commissioner John P. Stone ABSENT

Commissioner Betty J. Miller, Chairman AYE

The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.

Dated: January 25, 1994

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