Commissioner Holloway moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
Case No. Z95-22Map No. 212
Applicant: Richard Benes, Et.Al.
Location: 3661-3671 Evergreen Parkway
Section 4, Township 5 South,
Range 71 West
From: Planned Development Amended
To: Planned Development Amended
Purpose: To allow a decrease in the
minimum lot size to allow
platting of townhome lots
Approximate Area:0.832 acres
WHEREAS, Richard Benes, Et.Al. did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County to amend the Planned Development Zone District; and
WHEREAS, a public hearing was held by the Jefferson County Planning Commission on February 5,1997 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 February 18, 1997; 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 is in substantial conformance with the Evergreen Area Community Plan because all applicable Plan recommendations have been satisfied.
4. The proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because no increase in the total number of allowed units has been proposed. Multi-family development is compatible with adjacent commercial and industrial uses, in terms of land use intensity. Previously established private open space will be preserved to buffer adjacent single-family residential uses. The proposed Official Development Plan contains written restrictions to ensure that development of the final seven townhome units is consistent with existing on-site improvements.
5.The subject property is located in the Evergreen Metropolitan District Water and Wastewater. 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 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. Z95-22 to amend Jefferson County Zoning Map No. 212 to amend the Planned Development Amended Zone District for the following described unincorporated area of Jefferson County, be and hereby is APPROVED subject to recordation of the Official Development Plan.
Commissioner Lawrence seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Patricia B. Holloway AYE
Commissioner Michelle Lawrence AYE
Commissioner John P. Stone, Chairman AYE
The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: February 18, 1997