Commissioner Stone moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC98-652
Section 15, Township 4 South,
Range 71 West
From: Agricultural-Two
To: Planned Development
Purpose: To allow assisted living and independent
living facilities
Approximate Area: 10.05 Acres
WHEREAS, Diane MacMillan Mitchell 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 21, 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 November 10, 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:
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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 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 is not in substantial conformance with the Evergreen Area Community Plan because water and sanitation services are not available to serve the proposed development, the development does not conform to the recommended densities for housing not served by a water and sanitation district, and the proposal does not contain sufficient detail.
4. The proposed land use is not compatible with existing and allowable land uses in the surrounding area in all directions because high density housing would be located adjacent to land that has been developed under Suburban-Residential Five zoning. The proposed Official Development Plan does not contain suficient restrictions on the size and mass of the townhome structures nor does it limit the number of assisted care living facilities.
5. That for the above stated reasons, the applied for rezoning is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the residents of Jefferson County.
6. That each of the factors set forth above is adequate independently to support this resolution.
NOW, THEREFORE, BE IT RESOLVED that Rezoning Case No. 97015364RZP1 to amend Jefferson County Zoning Map Nos. 173 & 174 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 DENIED.
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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: November 17, 1998
