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Commissioner Holloway moved that the following Resolution be adopted:

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF JEFFERSON

STATE OF COLORADO

IconRESOLUTION NO. CC98-247Icon

Case No. 97015304RZP1 Map No. 34

Applicant: Hosanna Lutheran Church

Location: 10304 West Belleview Avenue Section 16, Township 5 South,

From: Planned Development

To: Planned Development Amended

Purpose: To allow grades 1-8 where only Preschool and Kindergarten are allowed

Approximate Area: 4.62 Acres

WHEREAS, Hosanna Lutheran Church did file an application with the Planning Department of Jefferson County to rezone the herein described property in Jefferson County from the Planned Development Zone District to Planned Development Amended Zone District; and

WHEREAS, a public hearing was held by the Jefferson County Planning Commission on March 25, 1998 at which time the Planning Commission did, by formal resolution, recommend denial of the subject rezoning application; and

WHEREAS, after notice as provided by law, a public hearing was held by this Board on April 14, 1998 and continued to April 21, 1998 for decision only; and

WHEREAS, based on the study of the Comprehensive Plan, recommendations of the Jefferson County Planning Commission, comments of the Jefferson County Planning Department, comments of public officials and agencies, and testimony and writtencomments 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 does not conform to the South Jefferson County Community Plan Infill Policies. The traffic impacts will likely exceed the traffic impacts from residential development on the property because the traffic study assumed maximum density for this site. That density presumes that the site would be rezoned to allow the maximum density, which cannot be assured. The development currently exceeds the allowable amount of development between arterial/arterial intersections, and rezoning the property would perpetuate this non-compliance. The proposal does not conform to the Transportation Policies because it will allow further deterioration of traffic service levels.

4. That the proposal is not compatible with existing development in the surrounding area because it is adjacent to Montgomery Acres, which is designated as a special character area in the South Jefferson County Community Plan. The extent of activity on this 4.6 acre parcel is too great for the area and is not compatible with the adjacent residential development.

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 Application Case No. 97015304RZP1 to amend Jefferson County Zoning Map No. 34 to rezone the Planned Development Zone District to Planned Development Amended Zone District for the following described unincorporated area of Jefferson County be and hereby is DENIED.

LOT A OVERMYER SUBDIVISION EXEMPTION SURVEY NO. 1

AS RECORDED AT RECEPTION NUMBER F0089185

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

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

Dated: April 21, 1998

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