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. CC00-527

Case No. 00015106RZP1 Map No. 36

Applicant: Richard D. Gowins, et al.

Location: 7799 South Flower Street and environs

(Section 34, Township 5 South, Range 69 West)

From: Residential-One/Floodplain

To: Residential-One

Purpose: Rezoning to alter the existing floodplain designation

Approximate Area: 4.19 Acres

WHEREAS, Richard D. Gowins, et al. filed an application with the Planning and Zoning Department of Jefferson County alter the contours of the Floodplain Overlay District as it affects the herein described property in Jefferson County; and

WHEREAS, a public hearing was held by the Jefferson County Planning Commission on July 26, 2000, which hearing was continued for additional consideration and testimony to August 9, 2000, 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 September 5, 2000, which hearing was continued for additional consideration and testimony to September 19, 2000 and for decision only to October 3, 2000; and

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Page 2

WHEREAS, based on the study of the Comprehensive Plan, comments of the Jefferson County Planning Commission, the Jefferson County Planning and Zoning Department, and other 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.
  1. The proposal is not in substantial conformance with the South Jefferson County Community Plan because it does not meet applicable plan recommendations regarding environmental resources. The proposed delineation of the floodplain overlay district would result in a sharp constriction of the overlay area adjacent to the subject parcels. The applicant failed to minimize the adverse effects of the proposed alignment on surrounding land uses and failed to mitigate impacts. Specifically, the applicant failed to make an adequate showing that the floodplain facilities would be maintained and the newly defined floodplain area kept clear of debris by individual adjacent property owners. Failure by any of the property owners to maintain the floodplain and the facilities would result in risk of damage to the surrounding properties as well as to the subject parcels.
  2. The proposed land use is not compatible with existing and allowed land uses in the surrounding area in all directions because the proposed configuration of the floodplain overlay area and the lack of provision for maintenance of the newly configured floodplain and facilities would place surrounding properties at risk. The floodplain overlay zone as currently configured provides public notice of the historic 100-year floodplain area; reconfiguring the overlay district as proposed by the applicant would result in inadequate notice to existing and potential property owners.
  3. The subject property is served by the Meadowbrook Fire Protection District and by Meadowbrook Water and Sanitation.

6. No known commercial mineral deposits exist on the subject property.

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7. 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.

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. 00015106RZP1 to amend Jefferson County Zoning Map No. 36 to alter the contours of the Floodplain Overlay Zone District for the following described unincorporated area of Jefferson County, be and hereby is DENIED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioner Sheehan seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:

 

Commissioner Patricia B. Holloway Aye

Commissioner Michelle Lawrence Absent

Commissioner Richard M. Sheehan, Chairman Aye

The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.

Dated: October 3, 2000