RESOLUTION NO. CC94-104

Case No. Z93-38 Map Nos. 32 and 55

Applicant: BEAR CREEK DEVELOPMENT CORPORATION

Location: 10005-12995 Morrison Road

Sections 28, 29, 32, and 33, Township 4 South, Range 69 West

From: Planned Development (P-D) Zone District

To: Planned Development amended (P-D, as amended) Zone District

Purpose: To amend the existing Official Development Plan to adjust and reconfigure use areas and to revise densities

Approximate Area:448.16 acres

WHEREAS, Bear Creek Development Corporation did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County to amend the Planned Development (P-D) Zone District; and

WHEREAS, a public hearing was held by the Jefferson County Planning Commission on February 23, 1994, at which time the Planning Commission did, by formal resolution, recommend denial of the subject rezoning application; and

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WHEREAS, after notice as provided by law, public hearings were held by this Board on January 4, 1994, February 10, 1994 and March 15, 1994 at which time the matter was continued to March 28 for further testimony and deliberation and to March 29, 1994 for decision; and

WHEREAS, on March 28, 1994 the Board took further testimony, deliberated and then directed the County Attorney to prepare a resolution for denial of the application to be considered by the Board on March 29, 1994; and

WHEREAS, based on the study of the Comprehensive Plan and the Zoning Resolution, 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:

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 although the proposal conforms with many of the major issue areas of the General Land Use Plan component of the Jefferson County Comprehensive Plan, the proposal included a request to rezone land designated for open space and such rezoning does not meet the criteria for rezoning land zoned for open space uses.

4.The areas proposed to be rezoned from open space uses to residential uses fail to meet the criteria of Section 1.G. 6. of the Zoning Resolution because such open space areas were set aside as an integral part of the overall development and such rezoning is not in the best interest of the present and future inhabitants of Jefferson County. Evidence and testimony presented at the hearing established that some or all of the open space land which the applicant requested be rezoned for residential use has significant and desirable wildlife habitat. The K-1 drainage area is a wildlife migration route. Further some or all of such designated open space land appears to have significant views or view corridors and to have riparian and/or wetland areas. Contrary to the requirements ofSection l.G.6. of the Zoning Resolution

the application did not propose inclusion of additional land in the same vicinity which would replace the lost open space with land that is superior in open space quality.

5.The areas currently zoned open space and proposed to be rezoned residential would not be compatible with the existing and permitted land uses in the surrounding area because such open space zoning was an integral part of the overall zoning of the Bear Creek Official Development Plan.

6.That the subject property is located in the Bear Creek Water and Sanitation District. The subject property will also be served by Lakewood/Bancroft Fire Protection District.

7.That no known commercial mineral deposits exist upon the subject property.

8.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.

9.That each of the factors set forth above is adequate independently to support this resolution.

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NOW, THEREFORE, BE IT RESOLVED that Rezoning Application Case No. Z93-38 to amend Jefferson County Zoning Map Nos. 32 and 55 to amend the Planned Development (P-D) Zone District upon the following described unincorporated area of Jefferson County, be and hereby is DENIED:

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

Commissioner Gary D. Laura AYE

Commissioner John P. Stone AYE

Commissioner Betty J. Miller, 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 29, 1994