Commissioner Holloway moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC98-045
Range 71 West
From: Agricultural-Two
To: Planned Development
Purpose: To allow a Bed and Breakfast establishment
Approximate Area: 10.00 Acres
WHEREAS, Clifton D. Dollar and Edwin C. Johnson did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County from Agricultural-Two Zone District to Planned Development Zone District; and
WHEREAS, a public hearing was held by the Jefferson County Planning Commission on January 14, 1998 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 January 27, 1998; 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 were 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 as conditioned below, the proposal is in substantial conformance with the Conifer/285 Corridor Area Community Plan because it provides a housing alternative promoted by the Plan; the character of the existing facilities is not being externally altered which preserves the rural residential character of the area; there is sufficient water and septic capability for the proposed use; the adjacent public roadway is capable of handling the anticipated traffic, and open space is maintained on the property as an asset for the proposed use and wildlife in the area. There are no known visual impacts or natural hazards affecting the proposal. There are adequate public services to serve the site (e.g., fire protection and emergency response capabilities).
4. The proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because the allowance of a bed and breakfast operation in the existing residence does not alter the outward appearance of the home or site, nor does it adversely impact surrounding properties.
5. The subject property is within the Elk Creek Fire Protection District. The subject property will be served by individual well and septic system.
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. 97015249RZP1 to amend Jefferson County Zoning Map No. 148 to rezone the Agricultural-Two Zone District to Planned Development 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 with the following modifications:
1. Revisions to the Official Development Plan Graphic and Written Restriction in conformance with the red-marked print dated December 26, 1997.
2. The addition of the following language to the Official Development Plan written restrictions:
No group gatherings for people who are not guests of the bed and breakfast shall be allowed within the residence or on the property as a regular use of service provided unless otherwise approved by the Jefferson County Department of Health and Environment.
Commissioner Stone seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Patricia B. Holloway AYE
Commissioner John P. Stone AYE
Commissioner Michelle Lawrence, Chairman AYE
The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: January 27, 1998
