RESOLUTION NO. CC98-497

Case No. 97015358RZP1 Map No. 49

Applicant: Richard Todd

Location: 5435 Eldridge Street Section 18, Township 3 South,

Range 69 West

From: Agricultural-Two

To: Planned Development

Purpose: To allow single family residential lots

Approximate Area: 7.89 Acres

WHEREAS, Richard Todd 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 August 12, 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 August 25, 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 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 the proposal, as conditioned below, is in substantial conformance with the North Plains Community Plan because it meets the Plan's recommendations regarding housing, transportation, water and sanitation, wildlife, services, hazards, visual impact, open space and livestock on residential lots.

4. The proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because the proposed lot sizes are compatible with the existing lot sizes in the area. The area currently allows agricultural uses to the west, and north (north of Van Bibber Park). The proposal will allow similar residential density and will allow horses on the northerly side of the property adjacent to the park and land zoned A-2.

5. The subject property is served by the Fairmount Fire Protection District. The subject property will also be served by North Table Mountain 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 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. 97015358RZP1 to amend Jefferson County Zoning Map No. 49 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:

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1. Submittal of an Official Development Plan mylar in accordance with the red-marked print dated July 1, 1998.

A PARCEL OF LAND LOCATED IN THE EAST ONE-FOURTH OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE QUARTER SECTION 18, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 OF SAID SECTION 18, THENCE S 89"19'38" W ALONG THE NORTH LINE OF SAID SECTION 30.00 FEET TO A POINT: THENCE

S 00"07'52" E AND PARALLEL TO THE EAST LINE OF SAID NORTHWEST 1/4 150.00 FEET TO THE TRUE POINT OF BEGINNING THIS DESCRIPTION:

THENCE S 00"07'52" E. 1143.40 FEET TO A POINT;

THENCE S 89"19'55" W. 300.77 FEET TO A POINT;

THENCE N 00"06'55" W. 1143.40 FEET TO A POINT;

THENCE N 89"19'55" E. 300.45 FEET TO THE TRUE POINT OF BEGINNING THIS DESCRIPTION.

SAID PARCEL CONTAINING 7.89 ACRES, MORE OR LESS.

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: August 25, 1998