RESOLUTION NO. CC98-626

Case No. 98015035RZP1 Map No. 75

Applicant: David and Sarah Mihalcin

Location: 5172 Quaker Street

Section 13, Township 3 South,

Range 70 West

From: Agricultural-Two

To: Planned Development

Purpose: To allow single family residential uses

Approximate Area: 9.85 Acres

WHEREAS, David and Sarah Mihalcin 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 October 7, 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 October 27, 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 North Plains Community Plan because the density does not exceed plan recommendations, residential zoning is recommended for the Fairmount Subarea, the design guidelines were met through the written restrictions.

4. That the proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because this area is currently in transition from moderately sized agricultural parcels to larger lot residential parcels.

5. The subject property is located in the North Table Mountain Water and Sanitation District. The subject property will also be served by Fairmount 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. 98015035RZP1 to amend Jefferson County Zoning Map No. 75 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 September 14, 1998.

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: October 27, 1998