RESOLUTION NO. CC94-080

Case No.LA93-1

Applicant:JEFFERSON COUNTY INITIATED

Location:COUNTY-WIDE

Purpose:TO REVISE THE LAND DEVELOPMENT REGULATION AND THE POLICY AND PROCEDURES MANUAL TO MODIFY THE PLATTING AND EXEMPTION FROM PLATTING PROCESS

WHEREAS, the Planning Department of Jefferson County has proposed to revise the Land Development Regulation and the Policy and Procedures Organizational Manual; and

WHEREAS, public hearings were held by the Jefferson County Planning Commission on December 15, 1993, and January 19, 1994, at which time the Planning Commission did, by formal resolution, recommend approval of the proposed revisions with conditions; and

WHEREAS, after notice as provided by law, public hearings were held by this Board on January 4, 1994, February 1, 1994, February 22, 1994, March 1, 1994, and April 5, 1994, with deliberations on April 18, 1994, at which time the case was continued for decision to April 19, 1994; and

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

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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 revisions to Land Development Regulation and Policy and Procedures Organizational Manual will limit exemptions from platting, revise the platting process, reduce time frames and include a provision to make relatively minor adjustments and amendments to plats much more efficient and make various other revisions; and

4.That platting lots that were created illegally by someone other than the current owner and platting property that has been in the same ownership since prior to May 5, 1972, the effective date of Senate Bill 35, is not within the purposes of Article 28, Title 30 of the Colorado Revised Statutes; and

5.That it is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the residents of Jefferson County to adopt the revisions to the Land Development Regulation and the Policy and Procedures Organizational Manual as set forth on the attached Exhibit "A".

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

NOW, THEREFORE, BE IT RESOLVED that the amendments to the Jefferson County Land Development Regulation ("LDR") and the Policy and Procedures Organizational Manual as set forth in Exhibit "A" attached hereto and incorporated herein by reference be and hereby are APPROVED, with the additional amendments set forth below. All the amendments shall be effective immediately except that any plat or exemption from platting that has been accepted by the Planning Department as of today's date may be processed under the previous regulations. Any plat, exemption from platting or other case that is accepted after the date of the adoption of this regulation must comply with the new requirements, except that a corrected plat may be submitted under the old procedure in a case where a preliminary plat has been approved and the preliminary plat is still valid. The amendments shall include the following revisions:

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1.Add to Policy and Procedure Manual. Chapter 5, item 5.16.1.1. end of sentence, "and where all lots involved are zoned the same".

2.In the LDR, eliminate Part I, Section 8.3.

3.In the LDR, amend Part I, Section 5.2.3 to read, "The title of the final plat shall be the approved name of the subdivision, as stated in the dedication certificate, and . . .".

4.In the LDR, Part I, Section 5.2.35, add the following second sentence, "A printout copy of each lot, parcel, or tract showing the closure and area is required. A computer disk copy is required for checking. Suitable physical formats are: 5 1/4 inches or 3 ½ inches PC DOS compatible diskettes, 9 track computer tape (16000 BPI, ASCII unlabeled), or 150 mb cartridge tape (UNIX TAR format). The plat information can be in AutoCAD DXF format, ARC Generate format, ASCII COGO command lists, or COGO coordinate lists."

5.In LDR, Part I, Section 3.1.3 - After the words "when applicable" add "AS DETERMINED BY THE PLANNING AND ZONING DEPARTMENT."

6.In LDR, Part I, Section 3.1.3. - After the words "as may be deemed appropriate" add "BY THE PLANNING AND ZONING DEPARTMENT."

7.In LDR, Part I, Section 3.2.2. - After the words "if deemed appropriate" add "BY THE PLANNING AND ZONING DEPARTMENT".

8.In LDR, Part I, Section 1.3.3. add "The Planning Director may waive the submittal of any of the documents required by Section 4.2., Part I if the Planning Director finds that said information would not materially aid in reviewing the plat. Any of the submittals waived may still be required by request of the Board of County Commissioners or Planning Commission." (Eliminate proposed 1.3.3.1 and 1.3.3.2 as set forth in Exhibit "A".)

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BE IT FURTHER RESOLVED that the Clerk to this Board shall, pursuant to Section 30-28-133(1), C.R.S., transmit a copy of this resolution together with Exhibit "A" to the Colorado Land Use Commission.

Commissioner Stone 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 AYE

Commissioner Betty J. Miller, Chairman AYE

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

Dated: April 19, 1994