HomeMy WebLinkAbout20021909.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT#1383 FOR A COMMERCIAL RODEO
ARENA IN THE A (AGRICULTURAL) ZONE DISTRICT - JAVIER FERNANDEZ AND
GABRIELA GUTIERREZ
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of
August, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Javier Fernandez and Gabriela Gutierrez, 3051 Western Drive,
Hudson, Colorado 80642, for a Site Specific Development Plan and Use by Special Review
Permit#1383 for a Commercial Rodeo Arena in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot 19, Vantage Acres, Filing 2; being part of the
SW1/4 of Section 17, Township 1 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant Javier Fernandez was present at said hearing and spoke through an
interpreter, Delfina Soto, and indicated that he was no longer represented by counsel, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be denied for the following
reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with the Weld County Code as follows:
a. Section 23-2-230.6.1 requires the applicant to demonstrate: "That the
proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinances in effect."
1) Section 22-2-60.B.1 (A.Goal 2) states, "Allow commercial and
industrial uses which are directly related to, or dependent upon,
agriculture to locate within agricultural zoning when the impact to
surrounding properties is minimal, and where adequate services
and infrastructure are available." Surrounding properties have
been impacted substantially by the prior roping events. Further,
the Board finds that the Design Standards (Section 23-2-240,
Weld County Code), Operation Standards (Section 23-2-250,
2002-1909
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SPECIAL REVIEW PERMIT #1383 - JAVIER FERNANDEZ AND GABRIELA GUTIERREZ
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Weld County Code) and Conditions of Approval cannot ensure
that there will be adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood
and County.
2) Section 22-2-60.C.2.a (A.Policy 3.1) states, "If it is determined
that a public facility, service improvements or maintenance are
required by a development, the developer will be required to pay
for the costs of the public facility and service improvements and
maintenance." The applicant is proposing to truck in water for the
events. The Weld County Department of Public Health and
Environment has indicated that the applicant needs to obtain a
well or community water system which is legally permitted for the
use. The Board finds that the applicants' proposed water supply
is inadequate.
b. Section 23-2-230.B.2 -- Although Section 23-3-40.B.16 of the Weld
County Code provides for commercial roping arenas as a Use by Special
Review in the A (Agricultural) Zone District, the Board finds that Design
Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code) and Conditions of Approval
cannot ensure that there are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and
County, particularly in light of the applicants' apparent lack of regard for
the other residents of the neighborhood.
c. Section 23-2-230.B.3 -- The uses which would be permitted will not be
compatible with the existing surrounding land uses. Properties to the
east, west and northwest are small acreage residential lots. South of the
lot is agricultural. The site is located within Vantage Acres Subdivision on
a five-acre parcel which is too small of an area for this activity due to the
proximity of other residences in this area. Many letters requesting denial
have been submitted. Concerns were raised including loud music, traffic,
trash, speeding drivers, alcohol, drugs, dust, parking along county roads,
gambling, and cruelty to animals. The Conditions of Approval and
Development Standards cannot ensure that incompatibilities will be
adequately mitigated.
d. Section 23-2-230.B.4 --The uses which would be permitted will not be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site lies within the three-mile referral areas of
the Towns of Hudson and Lochbuie. The Town of Hudson indicated no
conflicts with its interests. The Town of Lochbuie did not respond to the
referral request.
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SPECIAL REVIEW PERMIT #1383 - JAVIER FERNANDEZ AND GABRIELA GUTIERREZ
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e. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval, and Development Standards cannot
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Javier Fernandez and Gabriela Gutierrez for a
Site Specific Development Plan and Use by Special Review Permit#1383 for a Commercial
Rodeo Arena in the A (Agricultural) Zone District on the parcel of land described above be, and
hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WE L/ OUNTY r OLO DO
ATTEST: ��G . LoN
g} Glen ' -ad, C air
Weld County Clerk to g J.
0 11 C- , a
David E. i' g, Pro-Tem ,
BY:
Deputy Clerk to the
M. J. eile
AROV?AS F ;
< ftAune
< - William H. Jerke
R``► ,,,Q "L)
obert. Masden
Date of signature: /-R
2002-1909
PL1618
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