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. CC98-323
Section 16, Township 5 South,
Range 69 West
From: Agricultural-Two
To: Planned Development
Purpose: To allow a 55,000 square foot assisted
care living facility and up to six
independent living units
Approximate Area: 4.78 Acres
WHEREAS, KMK Partnership 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, public hearings were held by the Jefferson County Planning Commission on April 15, 1998 and May 13, 1998, at which time the Planning Commission decided to refer the application to the Board of County Commissioners without a recommendation; and
WHEREAS, after notice as provided by law, a public hearing was held by this Board on May 26, 1998; and
WHEREAS, based on the study of the Comprehensive Plan, comments 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 South Jefferson County Community Plan because it meets the Plan recommendations in the areas of housing, employment, infill, services, design and environmental for the reasons set forth in the Staff comments. The proposal is located on a parcel adjacent to a "Special Character Area" designated in the Plan. While the proposal is not consistent with existing development in the Special Character Area, this proposal is consistent with the goals of that designation because this proposal provides diverse and unique housing opportunities and will serve as a transition from the arterial street to the east and the commercial uses to the north.
4. That the proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because it provides a transition from the arterial streets and commercial uses to the north and east into the residential areas to the south and west.
5. The subject property is located in the Lakehurst Water and Sanitation District. The subject property will also be served by West Metro 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. 97015367RZP1 to amend Jefferson County Zoning Map No. 34 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 following conditions:
1. Revisions to the Official Development Plan in accordance with the red-marked print dated May 26, 1998.
2. The first three sentences of item C.1.a. under "Use Area 2 - Independent Living Units" in the proposed written restrictions shall be removed and the following wording added as item D.6.: "The subject property shall not be divided but shall remain as one lot. Multiple buildings are allowed on one lot."
3. The addition of the following language to the Official Development Plan under item C.l.: "Full use and provision of amenities and services provided by the owners and/or operators of Use Area 1 - Assisted Living Facility shall be available to the residents of Use Area 2 - Independent Living Units, subject to reasonable charges, if any, for the use of the services and amenities. In addition, a plat note shall be added to the final plat or exemption from platting for the property requiring that prior to sale the developer shall execute an agreement with each purchaser assuring the availability of amenities and services as set forth above. Such agreement shall be in substantial conformance with a form agreement submitted to and approved by the County with the final plat or exemption from platting."
Commissioner Holloway seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner John P. Stone AYE
Commissioner Patricia B. Holloway 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: May 26, 1998
