Commissioner Stone moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
Case No. Z95-29 Map Nos. 215 and 251
Applicant: LENZ CONSTRUCTION CO., INC.
Location: 7667-7697 South Brook Forest Road (Sections 29, 31 and 32, Township 5 South, Range 71 West)
From: Agricultural-Two (A-2) and Mountain Residential-One (MR-1) Zone District
To: Planned Development (P-D) Zone District
Purpose: To allow single family residential uses
Approximate Area: 47.43 acres
WHEREAS, Lenz Construction Co., Inc. did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County from Agricultural-Two (A-2) and Mountain Residential-One (MR-1) to Planned Development (P-D) Zone District; and
WHEREAS, a public hearing was held by the Jefferson County Planning Commission on October 4, 1995, 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 October 17, 1995; and
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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 proposal meets all use and density recommendations of said Plan. The proposed Official Development Plan’s written restrictions incorporate all recommended, enforceable design guidelines.
4.That the proposed land use, as conditioned below, is compatible with existing and permitted land uses in the surrounding area in all directions because existing, developed subdivisions adjacent to the subject property consist of a single family residential lot sizes which are the same or smaller in size than the proposal. Building standards shall be more restrictive than those for existing, adjacent subdivisions. Development of this proposal will be sensitive to environmental constraints and visual amenities of the surrounding area.
5.That the subject property will be served by Brook Forest Water District for water services and by individual septic system. 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. Z95-29 to amend Jefferson County Zoning Map Nos. 215 and 251 to include within the Planned Development (P-D) Zone District and to exclude from the Agricultural-Two (A-2) and Mountain Residential-One (MR-1) Zone District the following described unincorporated area of Jefferson County, be and hereby is APPROVED, subject to the filing of the Official Development Plan with the revisions to the red-marked print dated October 5, 1995, which is on file in the Planning Department:
(LEGAL DESCRIPTION WILL BE AFFIXED TO THE ORIGINAL RESOLUTION)
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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 John P. Stone AYE
Commissioner Betty J. Miller AYE
Commissioner Gary D. Laura, Chairman NAY
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: October 17, 1995