Commissioner Miller moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
Case No. Z95-35Map Nos. 210 and 211
Applicant: RUTH S. BROOKFIELD TRUST
Location: 2100-2200 Hiwan Drive Section 29, Township 4 South,
Range 71 West
From: Planned Development (P-D)
To: Planned Development (P-D)
Amended Zone District
Purpose: To allow single family residential uses
Approximate Area:2.927 acres
WHEREAS, Ruth S. Brookfield Trust did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County to amend the Planned (P-D) Zone District; and
WHEREAS, a public hearing was held by the Jefferson County Planning Commission on May 8,1996, at which time the Planning Commission did, by formal resolution, recommend approval of the subject rezoning application with a condition; and
WHEREAS, after notice as provided by law, a public hearing was held by this Board on May 21, 1996; 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 Evergreen Area Community Plan because most applicable Plan recommendations have been fulfilled. The density of this proposal exceed the recommendations in the Plan, however, the proposal brings the zoning closer to conformance with the Plan than the existing zoning and meets the overall intent of the Plan.
4. The proposed land use, as conditioned below, is compatible with existing and allowable land uses in the surrounding area in all directions because it is a residential use in a residential area, it is a decrease in density from the existing zoning, there should be minimal impact on adjacent properties, and there will be an increase in open space.
5.The subject property is located in the W. Jefferson County Metropolitan Water and Sanitation District. The subject property will also be served by Evergreen Area 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.
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. Z95-35 to amend Jefferson County Zoning Map Nos. 210 and 211 to amend the Planned Development (P-D) Zone District for the following described unincorporated area of Jefferson County, be and hereby is APPROVED, subject to the filing of the amended Official Development Plan in accordance with the revisions shown on the red-marked print dated May 8, 1996.
BE IT FURTHER RESOLVED that this zoning shall not become effective until the above changes to the Official Development Plan have been completed and the Official Development Plan is recorded.
Commissioner Stone seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Betty J. Miller AYE
Commissioner Gary D. Laura ABSENT
Commissioner John P. Stone, Chairman AYE
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: May 21, 1996