@@Commissioner Stone moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
CONDITIONS ON PLAT APPROVAL FOR WESTGOLD MEADOWS FILING #4 SUBDIVISION
WHEREAS, the Subdivider, Melody Homes, a Colorado Corporation, submitted a plat application to the County pursuant to part 1 of article 28 of title 30, C.R.S., and the Jefferson County Land Development Regulation; and
WHEREAS, after public hearings and review before the Jefferson County Planning Commission, the Planning Commission did on December 18, 1991 adopt a resolution denying the plat application for the reasons set forth therein; and
WHEREAS, pursuant to Section 3.1.8. of Part I of the Jefferson County Land Development Regulation, the Subdivider made timely appeal of the Planning Commission's decision to this Board; and
WHEREAS, public hearings were held before the Board of County Commissioners on January 14, 1992, January 28, 1992, and February 18, 1992, at which hearings all interested persons and agencies were heard; and
WHEREAS, this matter was continued to March 10, 1992 for decision; and
WHEREAS, based upon the evidence, testimony, exhibits, study of the plat and the resolution of the Jefferson County Planning Commission, comments of the Jefferson County Planning Department, public officials and agencies and from all interested parties, this Board finds as follows:
1.That the appeal before the Board was made timely and in conformance with the requirements of the Jefferson County Land Development Regulation.
2.That the hearings on this appeal were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearings.
3.That the applicant's written appeal requests the Board of County Commissioners to approve the plat without conditions.
4.That after reviewing reasons three and five of the Planning Commission in its resolution denying the plat, the Board of County Commissioners finds that reason three is not reasonable in that homes are under construction or have been completed on Lots 15 and 16, Block 5, Westgold Meadows Filing 3. Lot 14, Block 5, Westgold Meadows Filing 3 has not been constructed, however the Board does not have the legal authority to require dedication of that lot for open space in the absence of consent by the developer because the developer is currently legally entitled to build on that lot.
5.That reason five is necessary to satisfy in part the land dedication requirements set forth in Part I, section 7.1 of the Land Development Regulation, and that the density of development in this subdivision requires dedication of this area in addition to fees in lieu of land dedication to protect the health, safety and welfare of the citizens of Jefferson County.
6.That without the dedication of lots 14, 15 or 16, Block 5, Westgold Meadows filing 3, the park area required for this plat will not be linked with the school and park sites in the surrounding developments. This Board feels strongly that such linkage is desirable and encourages the Foothills Park and Recreation District to negotiate for acquisition of an easement to connect the proposed park to existing neighboring parks.
7.That with the dedication of lots 1 through 12 called for in reason five of the Planning Commission resolution, dedication of Tract A for park land is not necessary. The Board finds that the creation of three lots in the area now designated as Tract A is acceptable.
NOW, THEREFORE, BE IT RESOLVED that the appeal from the Planning Commission's denial based on reason number three imposed in its resolution recommending denial of the plat application for WestgoldMeadows Filing 4 Subdivision, Plat No. SP14-10-91, be and hereby is APPROVED, and dedication of lots 14, 15 and 16 for park land shall not be required.
BE IT FURTHER RESOLVED that the appeal from the Planning Commission's denial based on reason number five imposed in its resolution recommending denial of the plat application for Westgold Meadows Filing 4 Subdivision, Plat No. SP14-10-91, be and hereby is DENIED, and dedication of lots 1-12 for park land shall be required.
BE IT FURTHER RESOLVED that the developer shall be permitted to revise the preliminary plat to create three lots in the area currently designated as Tract A.
BE IT FURTHER RESOLVED that if the developer consents to dedication of lot 14, block 5, Westgold Meadows filing 3, the acreage contained within said lot shall be credited toward the park land dedication requirement for Westgold Meadows filing 4 and the payment of fees in lieu of land dedication shall be reduced accordingly.
BE IT FURTHER RESOLVED that the decision set forth herein is not intended and does not relieve the Subdivider of the requirement to comply with all other requirements for corrected plat submittal and corrected plat review as specified in the Jefferson County Land Development Regulations, including the requirement to pay fees in lieu of land dedication for the balance of the park land dedication requirement.
BE IT FURTHER RESOLVED that the Planning Department be and hereby is directed to process the plat in compliance with the above findings and decision.
Commissioner Ferdinandsen seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner John P. Stone AYE
Commissioner Rich Ferdinandsen AYE
Commissioner Marjorie E. Clement, Chairman AYE
The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: March 10, 1992