Commissioner Holloway moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
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Section 24, Township 5 South,
Range 69 West
From: Planned Development
To: Planned Development Amended
Purpose: To amend the existing commercial
zoning to allow retail uses
Approximate Area: 3.120 acres
WHEREAS, Dutch Creek Partnership 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 January 21, 1998, at which time the Planning Commission did, by formal resolution, recommend approval of the subject rezoning application conditioned on reducing the amount of retail use; and
WHEREAS, after notice as provided by law, public hearings were held by this Board on February 3, 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:
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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 South Jefferson County Community Plan. Although the proposal will exceed the allowable amount of retail use at an arterial/arterial intersection, the evidence shows that there will be no adverse impact on traffic flow and the uses will be consistent with community needs.
4. The proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because the proposed written restrictions contain language which will require landscape buffering of the commercial development from dissimilar uses and the proposed development is in character with the type of commercial development typically located on Arterial/Arterial Intersections in south Jefferson County.
5. The subject property is located in the City of Littleton Fire Protection District and the subject property will also be served by Platte Canyon Water and Sanitation 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 conditional 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. 97015210RZP1 to amend Jefferson County Zoning Map No. 15 to rezone the following described property in unincorporated area of Jefferson County from Planned Development to Planned Development Amended, be and hereby is APPROVED, subject to the following conditions:
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1. The Official Development Plan written restrictions shall reflect a maximum of 22,800 square feet of retail uses.
2. There shall be no direct pedestrian connection between this development and the adjacent residential community.
3. Revisions to the Official Development Plan in accordance with the red-marked print on file in the Planning Department dated February 3, 1998.
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 John P. Stone ABSTAIN
Commissioner Michelle Lawrence, Chairman AYE
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: February 10, 1998