RESOLUTION NO. CC96-435

Case No. Z96-9Map Nos. 139 and 173

Applicant: NEW GENESEE LAND COMPANY, L.L.C.

Location: 603-633 Park Point Drive Section 13, Township 4 South,

Range 71 West

From: Planned Development

To: Planned Development Amended

Purpose: To allow a catering/events

center

Approximate Area:2.75 acres

WHEREAS, New Genesee Land Company, L.L.C. did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County from Planned Development (P-D) Zone District to Planned Development Amended P-D) Zone District; and

WHEREAS, a public hearing was held by the Jefferson County Planning Commission on July 10, 1996 at which time the Planning Commission did, by formal resolution, recommend approval of the subject rezoning application; and

WHEREAS, after notice as provided by law, a public hearing was held by this Board on July 22, 1996; 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 Central Mountains Community Plan because all applicable Plan recommendations have been fulfilled.

4. The proposed land use, as conditioned below, is compatible with existing and allowable land uses in the surrounding area in all directions because similar uses exist, with comparable lot sizes, densities, and building standards in the surrounding area; and the zoning provisions will ensure the site is developed with respect to the unique mountain character and environment.

5.The subject property is located in the Genesee Water and Sanitation District. The subject property will also be served by Genesee 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 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. Z96-9 to amend Jefferson County Zoning Map Nos. 139 and 173 to rezone the Planned Development (P-D) Zone District to Planned Development Amended (P-D) Zone District for the following described unincorporated area of Jefferson County, be and hereby is

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APPROVED, subject to recordation of the Official Development Plan, Written Restrictions, Site Plan and Landscape Plan revised in accordance with the red-marked prints dated July 10, 1996; and the addition of the following language to the Official Development Plan Written Restrictions:

1."No building permit will be issued within this Planned Development until an eastbound right-turn land is installed according to County standards at the Genesee Trail Road and Park Point Intersection and a street light is installed within the median at the end of Park Point Drive, or such improvements are guaranteed in an amount acceptable to Highways & Transportation and approved as to form by the County Attorney, unless a traffic study approved by the Jefferson County Highways and Transportation Department determines that these improvements are not necessary."

2."No building permit will be issued within this Planned Development until a performance guarantee in an amount acceptable to the Planning & Zoning Department and approved as to form by the County Attorney has been submitted for landscaping. No Certificate of Occupancy will be issued until the guaranteed landscaping has been installed and signed off by Planning and Zoning."

Lot 4B

Genesee Office/Commercial Filing No. 2

Lots 3 and 4 Exemption Survey

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 Betty J. Miller AYE

Commissioner John P. Stone AYE

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

Dated: July 23, 1996