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Home My WebLink About20050065.tiff HEARING CERTIFICATION DOCKET NO. 2004-102.a RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1483 FOR RECREATIONAL FACILITIES AND USES,INCLUDING RACE TRACKS AND RACE COURSES(HORSE RACING),IN THE A(AGRICULTURAL)ZONE DISTRICT-MARTIN AND BERTA GUTIERREZ A public hearing was conducted on January 5, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Chris Gathman Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated November 19, 2004, and duly published November 24, 2004, in the Fort Lupton Press, a public hearing was conducted on December 8, 2004, to consider the request of Martin and Berta Gutierrez for a Site Specific Development Plan and Use by Special Review Permit#1483 for Recreational Facilities and Uses,including race tracks and race courses (horse racing), in the A (Agricultural) Zone District, at which time the Board deemed it advisable to accept the applicants' request to continue the matter to January 5, 2005, when a full quorum of the Board would be present. On January 5, 2005, Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, stated this case was initiated pursuant to a zoning violation for operating the races without appropriate permits,and if approved,the violation will be closed. He gave a brief description of the location of the site and surrounding land uses. Mr.Gathman stated 11 referral agencies reviewed this proposal,and ten responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards. He stated the site is within the Fort Lupton Intergovernmental Agreement(IGA)area,and Fort Lupton's referral response indicated it would be interested in annexation once contiguity is established. He further stated Les Wiemers, Sheriffs Office, indicated they have received numerous complaints regarding parking on Weld County Road 31 and in private driveways, loitering, trespassing, alcohol consumption, lack of adequate lighting, and liability issues. He stated the applicant has submitted a Traffic Control Plan that has been reviewed by the Sheriffs Office, and Deputy Wiemers responded in a letter dated September 13, 2004, stating the plan would improve traffic issues; however, he is still concerned with drinking and spectators driving home after events. Mr.Gathman stated the applicant intends to hire J and J Escort and Security, Inc.,and they have provided a letter,dated September 1,2004, which states they will provide four officers for standard events,or more as needed. He stated staff has received telephone inquiries and letters of opposition,as well as petitions of support. He stated 2005-0065 PL1752 -OS- HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR #1483) PAGE 2 there are Surface Use Agreements for the two oil and gas facilities on the property operated by Merit Energy Company and Encana Energy Resources, Inc. He further stated Public Service has no concerns regarding conflicts with the easements that cross the property as long as no future improvements are installed in the easement rights-of-way. Mr. Gathman stated the Planning Commission recommended denial of this application with a vote of four to three, based on incompatibility, inconsistency with surrounding zoning,and the lack of adequate provisions for the health,safety and welfare of County inhabitants. He referenced a letter from the Colorado Division of Racing Events,dated January 21,2004,indicating the investigation conducted in September2003 found no violation of the Colorado statutes, criminal code, or the Colorado Racing Commission Rules. In response to Commissioner Geile, Mr. Gathman stated alcohol is not being sold on the property and Development Standard#10 indicates no alcoholic beverages shall be allowed on the site. In response to Commissioner Geile, Mr. Morrison stated pad mutuel betting is not allowed without a permit and should have been addressed in the Colorado Racing Commission's investigation. Responding further to Commissioner Geile, Mr. Gathman stated this is a 501(c)(3) organization,and Mr. Morrison explained 501(c)(3)charities can sponsor events on property owned by other persons. In response to Chair Jerke, Mr. Gathman reviewed the vicinity map and surrounding uses. Char Davis, Department of Public Health and Environment,stated there is a Condition of Approval requiring the site be serviced by an individual sewage disposal system(I.S.D.S.) She stated the site has a commercial well; however,staff would like the applicant to provide evidence that it is a potable water source. In response to Chair Jerke, Ms. Davis stated the facility is currently serviced by portable toilets, and she concurred that it will require a large septic system or vault to handle 1,000 patrons, and she added there is also a Condition requiring a Waste Handling Plan. In response to Commissioner Masden and Chair Jerke, Ms. Davis reiterated there is a commercial well on the site with a 15-gallon-per-minute capacity, which is suitable for the proposed use. She further stated there is a Condition which requires the applicant to provide adequate water and sanitary services for large events. In response to Commissioner Vaad, Ms. Davis stated pursuant to Condition of Approval#1.1 and Development Standard#19,staff will be looking for a particular number of toilets, with associated hand washing facilities. She stated the number will be based on the maximum number of people allowed at the facility,and staff may consider a vault system;however,either type of system will need to be engineered. In response to Commissioner Masden, Mr. Gathman reiterated the applicant intends to hire a private security company,and the letter indicates they will provide four officers for standard events, or more if necessary. Donald Carroll, Department of Public Works, stated there are two existing accesses. The south access is gated and services the Fulton Ditch and the oil and gas tank sites, as well as the proposed parking area. The north access is gated and provides additional access to the parking area, as well as the applicants' residence. He stated Development Standards #4, #5, and #6 address opening the gated accesses prior to the racing events to prevent staging and parking on Weld County Road 31. He further stated the off-street parking will be surfaced with gravel and graded to prevent drainage problems, and he noted he would like the applicant to designate the additional overflow parking area on the plat. In response to Commissioner Geile, Mr. Carroll acknowledged there is an offset in the road at the Co-generation Plant, as well as a large power easement which will have to be addressed before widening the road. He stated he used the Felsburg, Holt and Ullevig study which classifies Weld County Road 31 as a minor arterial based on the amount of traffic and the possible need for widening. ChairJerke commented the activity on 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR #1483) PAGE 3 this road is similar to previous County roads which are now within city limits and carry high traffic levels. In response to Commissioners Masden and Long, Mr.Carroll stated the average daily traffic count on Weld County Road 31, between Weld County Roads 16 and 18, is approximately 300 to 500 vehicles. Responding to Chair Jerke, Mr.Carroll stated the parking lot is approximately three acres,the parking was fenced with a temporary rope material which could be moved to expand for more parking if needed,and he explained one acre can accommodate 100 vehicles. He stated the plat needs to show the designated parking area for large trucks and horse trailers,and he added the accesses are approximately 14 feet wide,which is adequate for two-way traffic if it is moving slowly. He further stated both accesses are identified as ingress/egress rather than a loop system. Deputy Wiemers stated he expressed concerns at the Planning Commission, and since that time the applicant has addressed the parking problems with the Traffic Plan that was submitted. However, he still has concerns with complaints from the neighbors regarding public urination, and stated that type of behavior will increase if the attendance is allowed to go up to 1,000 people. He stated too many people will be difficult for security to monitor. He further stated the applicant has indicated they intend to search vehicles as they enter the property, but that is illegal unless prohibited items are in plain view, so it is likely that alcohol will still be brought in. He stated there will still be a backlog of traffic on Weld County Road 31 as the security conducts a count and searches vehicles. Deputy Wiemers stated the combination of drinking and gambling will likely result in fights and disturbances. He stated the security company has a very good reputation; however, they can only do so much. He explained the Sheriffs Office only has one deputy in the district, so the County will have to rely heavily on Fort Lupton for services. In response to Commissioner Geile, Deputy Wiemers stated he has not witnessed gambling taking place at the site;however,it is his experience that it takes place at this type of event,although person-to-person betting is legal. In response to Chair Jerke, Deputy Wiemers stated there were adequate portable toilets for the previous events; however, there were still complaints of public urination, which will likely increase if 1,000 patrons are permitted. Responding to Commissioner Long, Deputy Wiemers stated the previous events they responded to had approximately 350 patrons,therefore,the gates were closed. Commissioner Masden stated he represents that area and he called the Sheriffs Office to respond based on complaints he received. The Sheriffs Office reported approximately 600 people were at the site and people were required to leave based on the numbers the applicant was allowed. Deputy Wiemers reiterated his concern is not parking on the site, rather, staging along Weld County Road 31 while the applicant is taking a head count and inspecting vehicles for alcohol, which causes congestion and creates the potential for traffic accidents. In response to Commissioner Geile, Deputy Wiemers stated he has not personally seen alcohol consumption on the site because their responses are generally delayed and officers are unable to locate the people who were the cause of the complaint. He stated they have witnessed alcohol containers along the road, but most of the littering is cleaned up and there does not appear to be more than any other County road. Mr. Morrison stated at the last meeting the Board discussed visiting the site,and it would be good for the Commissioners to state their observations for the record. Commissioner Long stated he visited the property on Monday,January 3,2005. He entered from the south and viewed the egress along the racing strip. He expressed some concern with traffic having to drive so closely to the tank battery without an appropriate barrier to keep them from getting too close to those facilities. 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR#1483) PAGE 4 Commissioner Geile stated he viewed the site from the County road, and Commissioner Vaad stated he drove onto the site. Commissioner Masden stated he viewed the facility from the road, and Chair Jerke indicated he also visited the site. Mr. Morrison read the definition of pad mutuel gambling for the record. Responding to Commissioner Geile, Mr. Morrison stated it is his understanding that the applicants are not hosting that type of gambling,nor is it being proposed. He stated pad mutuel gambling does require a permit from the Colorado Gambling Commission. Berta Gutierrez,co-applicant,stated the well permit states it is for domestic use,so they contacted the State and paid the appropriate fees to have the well reclassified. She stated they were informed the well has the capacity for a commercial use, and it was officially reclassified to commercial to accommodate the proposed use. She further stated the security firm will provide as many guards as needed based on a ratio of the number of patrons attending. Ms.Gutierrez stated they have had no problems with smaller events in the past; however,they had an unusually large crowd attend one event and the neighbors began to call with complaints of traffic,public urination,trash,etcetera. She stated they followed the direction of the Sheriffs Office to apply for the appropriate permits,and the plans should address the neighborhood concerns for future events. She further stated they have always tried to prevent alcohol at the events,and there have been no alcohol-related incidents. Ms. Gutierrez stated they have adequate room for parking without sacrificing any farmground,they have parking attendants,the spectators and participants park where directed,and the remaining area is adequate for hosting the events. She stated there is friendly betting, but no formal betting, and although there will be more traffic on event days,there are six other accesses that can be used by the residents of Aristocrat Ranchettes to avoid traffic on Weld County Road 31. Martin Gutierrez,co-applicant,stated they have addressed the concerns regarding parking on Weld County Road 31 by placing the gate 2,000 feet within the site. They also plan to move the fence to make a 30-foot-wide, two-lane entry road from leading from Weld County Road 31 to the parking area, as well as the other access for emergency purposes. Mr. Gutierrez stated they had some problems in the past because they had no direction; however,their plans have improved through this process, and he noted most of the neighbors have another means for accessing and exiting their properties. He stated these races are held as charity events,and they also use this facility as a means for participants to keep their horses in shape. Ms.Gutierrez stated they do host nonprofit organizations if they provide the appropriate paperwork,and they require proof from the individuals that their need is valid. In response to Commissioner Geile, Ms. Gutierrez stated the events are covered under their overall property insurance coverage,and they take no remunerations from the 501(c)(3)organizations for hosting events on their property because most of the maintenance and workers at the events are provided by volunteers. She further stated the races typically occur on weekends during the summer, and some weekends in the spring or fall,weather-permitting. She stated they owned the property for a year when they were approached and asked to start the racing, although they have not conducted races since they began this permit process. She further stated there is no facility to maintain other than their own home and the corals where her husband trains their own horses. She stated loud noise or music is not allowed in the racing area because it spooks the horses, patrons are informed to turn off loud music in their vehicles or they are required to exit the property, and the only other noise is from cheering spectators if a race goes well. Responding further to Commissioner Geile, Ms.Gutierrez stated they do not pay the jockeys or any of the participants. Mr. Gutierrez explained how the betting is arranged and stated the winning jockey gets ten percent of the winnings. In response to Commissioner Long, Ms. Gutierrez stated most of the nonprofit organizations have agreed to pay for the security expenses and keep the 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR #1483) PAGE 5 remainder of the funds that are raised, and she is willing to do contracts with each organization, if needed. Mr. Gutierrez added they race five to eight times on a race day. Responding to Chair Jerke,Ms.Gutierrez described some of the recipients of charity funds raised through these events, and explained the proceeds help pay for treatments, living expenses, etcetera. In response to Commission Masden, Mr. Morrison stated on the occasion when 1,000 patrons were present,they were violating the Temporary Assembly rules, however, special provisions can be made through the Use by Special Review process. Ms. Gutierrez stated one jockey was kicked by a horse. She explained Mr. Gutierrez is certified in CPR and there were no paramedics in attendance that day. She stated his certification is the same as a paramedic and he made the decision to transport the jockey in a personal vehicle to make better time than waiting for an ambulance. In response to Commissioner Long, Mr. Gutierrez stated they have letters from the two oil and gas companies agreeing to allow a fence around their facilities, if required. Responding to Commissioner Vaad, Ms. Gutierrez stated they were unable to revive the jockey and he later died. Upon reconvening, Ron Grannis, Fort Lupton Assistant Chief of Police,stated he is not testifying in favor or against this proposal; however, he stated it will have an impact on the City's services. He explained the Fort Lupton Police Department is often called to assist with calls to Aristocrat Acres, and this activity will add to that demand. He stated on the weekends they only have two officers on duty,therefore,any calls to this property will leave the City of Fort Lupton uncovered. He stated the traffic along Weld County Road 31 will be impacted, and there was recently a fatal accident in the area. Mr. Grannis stated the number of cars generated by 1,000 patrons entering a single gate will likely continue to upset neighbors and result in other traffic problems as neighbors try to pass and get through the area. In response to Commissioner Vaad, Mr.Grannis stated Fort Lupton borders Aristocrat Acres. Commissioner Vaad commented Aristocrat Acres does not go west of Weld County Road 31,and the proposed site is not officially in Aristocrat Acres, rather,that is a generic phrase for the area. Responding to Chair Jerke,Mr.Grannis stated on weekends they have to call for assistance if there is an incident. Responding to Commissioner Geile,Mr.Grannis stated he has not researched whether they responded to, or assisted with, other events at this site in the past; however, based on the amount of calls they get in the area, he anticipates they will be called to the facility if there is an incident. Chair Jerke recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Gathman stated a video was submitted by Marty Matthews prior to the Planning Commission hearing;however,he was not present and it was not viewed by the Planning Commission. He stated the footage is eight hours long and Mr. Matthews' letter, marked Exhibit 6A, summarizes the tape's contents. Benjamin Hansford, surrounding property owner, stated he is an 18-year resident of the area and he is speaking on behalf of 307 people who signed a petition, which he submitted, marked Exhibit BB. Mr. Hansford stated the proposed use is not compatible with the area, and whether charitable or commercial, it costs the area residents a sense of peace, property values, etcetera. He stated it will also cost the County because the events have caused problems with parking on Weld County Road 31,as well as private driveways and fields. The patrons leave trash and exhibit rude and indecent behavior. He stated they have had 2.5 years to fix the situation with no success, and those problems occurred with only 250 people present. Mr. Hansford stated there are many school age children who ride the bus in Aristocrat Acres, and the children who live along Weld County Road 31 may have been exposed to indecent behavior. He stated traffic is sometimes routed through this area if there is an emergency or accident on Highway 85; however, the 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR#1483) PAGE 6 increased traffic from these events would prevent emergency vehicles from reaching the site. He stated the applicants are also proposing training activities during the week, and most of the participants come with trucks and pulling trailers which create more damage to the roads. Mr. Hansford stated with the anticipated traffic it would make sense to widen the impacted roads, as well as create turning and staging lanes on Weld County Road 31 to address traffic flow on Weld County Roads 16 and 18. He stated the applicant has indicated many of the participants do not want to race at the Aurora track due to its rules and regulations; however,those rules are intended for public safety, and he questioned why they are opposed. He stated the applicants have only contacted a few of the area residents, and there are no other similar businesses in the area. He stated there have been many improvements in the area in the past 10 years,many properties have been upgraded, and the roads have been improved with Stop signs and speed limit signs. Mr. Hansford stated they have started a neighborhood watch with help from the Sheriff's Office,with a majority of the residents who have banned together,which is unusual for the residents in this area. Mr. Hansford stated, if approved,they want to see a posted insurance policy for the exterior roads, a minimum of six off-duty officers in uniform at each event, and EMT's should be present, as well as a licensed veterinarian for care of injured animals. He further stated there should be parking for a minimum 400 vehicles off Weld County Road 31, an adequate number of restrooms and hand washing facilities, and limited hours of operation from 10:00 a.m.to 3:00 p.m. He requested all of the recommendations and requirements be completed before any more events are held,they would like to see a breakdown of the financing provided to the charities, and the applicant should be required to keep the dust down. Mr. Hansford stated Gerhard Maier, surrounding property owner, could not be present, however, he expressed concern with human feces in his fields, empty syringes stuck in his fence posts, stock trailers on his lane,vehicle tracks in his alfalfa field,waste water dumped into the ditch, parking which interferes with access for the ditch riders,and the need to protect parking near oil tanks for safety. Mr. Hansford stated on July 26,2003,there was a death of a jockey who was kicked in the chest by a horse, and rather than call and wait for emergency response, the applicants called for an ambulance from the Philips 66 gas station where they had hauled the man in a flatbed truck. Dick Ehrman, surrounding property owner, stated he is on the Board of Directors for the Quarter Horse Association and his primary interest is breeding, racing,and selling quarter horses. He stated he has raced at race tracks throughout the nation and each of those tracks are in metropolitan areas. He has participated in match racing at this facility, and he expressed concern with the conjecture regarding this facility. Mr. Ehrman stated he has never witnessed alcohol or substance use at this facility,although there is gambling. He stated the events at the subject site are managed better than many of the major race tracks, the site is clean, there are no broken bottles, the restroom facilities are used by the patrons,and there is no public urination. He stated there was a large event at which the Sheriff's Office closed the gate to prevent further people from entering, which resulted in traffic on Weld County Road 31 waiting to get in. Mr. Ehrman stated on any given day there are five to seven horse trailers, and the majority of the other vehicles are private trucks of the spectators. He stated he has never witnessed any verbal or physical altercations at these events,the match racing is an integral part of quarter horse breeding,and the horses and property are well cared for. He further stated there are oil and gas wells on the site, and it has been his experience that most companies are willing to build suitable fencing around their facilities. He stated the quarter horse industry in Colorado is the fourth largest in the country, and it has a large impact on the economy because race tracks provide a large market for the hoses he wants to sell. In response to Commissioner Geile, Mr. Ehrman stated he bought his ranch seven years ago, his 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR #1483) PAGE 7 property is 80 acres, and he is a native of Weld County. In response to Commissioner Vaad, Mr. Ehrman stated there is crowd control along the rail,the races are run on time, parking is controlled and orderly, patrons are warned that no alcohol or illegal substances are allowed, and they do inspect vehicles for contraband. He further stated there are adequate portable toilets and trash facilities, and they did have emergency medical services on the site at the other racing events. John Farrell,mineral owner,stated he has not been contacted by the applicants;they only contacted the companies that lease the mineral rights from him. He stated the Surface Use Agreement states there will not be any illegal activities and it shifts the liability from Merit Energy Company to the property owner. Mr. Farrell stated the vehicles will be passing within 300 feet of the oil and gas facilities,which presents a safety hazard. He stated the applicants contend they do not have much control over where people go, yet they have signed an agreement which states they are liable for what happens. He stated the neighbors know what happens in the area, and past behavior often predicts what will likely happen in the future. In response to Commissioner Geile,Mr. Farrell stated the oil company has authority to enter into an agreement to address any damages that may occur on that property. (Switched to Tape#2005-02.) James Swain, J and J Escort and Security, Inc., stated he was contacted by the applicant and he has inspected the property. He stated he is state certified the same as a regular law enforcement officer,and he gave a brief review of some of the other events J and J Escort and Security, Inc., has covered. Mr. Swain stated he is also CPR and first aid certified. Based on the attendance predictions of the applicant,the appropriate number of officers(one for every 100 people)will be on duty. He stated J and J Escort and Security, Inc., is a well-respected agency in Colorado and the company can provide adequate security for this type of event. He stated the vehicle search area is located 2,000 feet inside the property off Weld County Road 31,and an adequate number of staff will be provided to go through the cars to conduct voluntary searches of the vehicles. In response to Commissioner Geile, Mr. Swain stated they have not yet covered one of the subject events; however, they have entered into an agreement with the applicant in the event this request is approved. He stated they would work for the applicants, who will pay for their services following each event. Responding to Commissioner Masden,Mr.Swain stated the applicants have not held an event since they began this permitting process. He reiterated the company will be paid by the applicants,they will provide one officer for every 100 to 125 patrons,any alcohol found that is found will be confiscated and destroyed,and he is not sure whether there will be a charge for parking. In response to Chair Jerke, Mr. Swain stated if patrons enter a posted property that states they are subject to search and they refuse, then they have to leave. He has also provided "No Firearms" signs in accordance with State statute. Mr.Morrison stated there is a distinction between what law enforcement offices can do and what a private property owner can do when granting license to enter their property, so the vehicle searches would be legal in this instance. Bill Herman stated he is a member of the American Quarter Horses Association,and he explained the legislature has passed a bill which stated a property owner is not liable for any injury caused by a horse on private property. He stated the applicant has run his horses at the Arapaho track for the past five years,as well as other State-run functions. Mr. Herman stated the Hispanic population is a large part of Weld County and this type of horse racing is part of their heritage. He stated he has attended the events and witnessed how much enjoyment it brings to the patrons, and he has only witnessed alcohol once in all of the times he has attended the various events. He further stated this is a good activity compared to the alternatives. 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR#1483) PAGE 8 George Tendick,county resident,stated he has attended many of the meetings on this matter and heard a lot of conjecture. He explained there is a great deal of expense in preparing and caring for a race horse, and sometimes more than one person is involved in the ownership. He stated the applicant provides a suitable place for these races to take place because the owners do not want to take their horses to a track if it is not well maintained. Mr.Tendick stated the patrons have been well behaved,the events are well conducted,and there is much more alcohol consumed in any of the regional fair events than at this facility. He stated the applicant has responded to the Conditions of Approval placed by the County,they have modified and worked on the application to address the County's concerns, and they are working not only to get the approval, but to provide a good, safe, enjoyable atmosphere. He further stated the Traffic Plan will address the traffic concerns, and moving the gate into the site will eliminate staging on Weld County Road 31. Mr. Tendick sympathized with the concerns of the law enforcement officers; however, it appears the law enforcement is underfunded,and the applicant has agreed to provide additional security to address those issues. He stated these are family events and the patrons have no concerns taking their children. In response to Commissioner Geile, Mr.Tendick explained the winnings from a jackpot race are compiled by multiple teams on various events and distributed on a prearranged basis, whereas a match race is between two separate owners on a one-time event. Responding to Commissioner Masden, Mr. Tendick stated the site is 59 acres, and he indicated the location of track,oil and gas facilities,and the parking area with five acres for overflow parking, if needed. He further stated the horse trailers are parked on the west end of the site near the starting gate and away from a majority of the people. Norma Taylor,surrounding property owner,questioned the supervision of the daytime practice track, since both the owners work full-time jobs. She questioned whether there is a boarding stable,what type of business the applicants operate, and what area is left for farming as indicated by the applicant. Ms. Taylor stated if there are only 12 to 16 horses that participate in six to eight races, it seems the facility could operate with fewer hours. She also questioned who holds the money while the races are run, and how quickly additional security officers can be acquired if there is an unexpected turn out. She stated the County does not appear to benefit from this proposal because there is not a formal business and the functions are operated by volunteers for charity. Ms.Taylor questioned who holds the funds if this is a charity. She stated the days of operation should be controlled to weekends only, and the hours and months of operation need to be controlled. She questioned whether the applicant is aware of the health regulations for handling food at the concessions, and who the responsible party is during the events. Suzanne Carpenter,surrounding property owner,stated she buys her hay from the property north of the subject site,and she has witnessed public urination and trash on the road. She stated many issues have been addressed; however, the applicants have not discussed child care. Ms. Carpenter stated on one occasion a child jumped out in front of her vehicle as she drove past the site, and the parents were not around to address the situation. She stated she is a certified nurse and they are trained not to move an injured person,yet the applicants chose to transport the injured jockey, which may have been what killed him. Marty Mathews, adjacent property owner, stated he took a video which contains evidence of excessive traffic at the facility, and on one occasion he had to ask people to leave because they were blocking his gate. Mr. Matthews stated the activity was discovered because he called the Department of Public Works regarding the culvert and ditch by his property, at which time staff 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR#1483) PAGE 9 discovered the applicants were operating without a permit. He stated the video was taken in March and July 2004, after they had been shut down. Dale Frase, surrounding property owner, stated trash is a problem, and the events generate an average of 20 trailers which contribute to congestion and road damage. In response to Commissioner Long, Mr. Frase indicated the location of his home on Lamb Avenue. Carrie McCawley, surrounding property owner, stated her neighbor used to be involved with the match racing,and they would often hang around his home,leave trash,and urinate in the road. She stated it also affects the residents in Aristocrat Acres,as well as those who live along Weld County Road 31. Ms. Gutierrez stated at the Planning Commission hearing Deputy Wiemers stated his primary concern was security, and now that security has been proposed, he is not sure it will be good enough. She stated she has read Chapters 22 and 23 of the Weld County Code and they have done what was required of them. Ms. Gutierrez stated the neighbors' concerns are real and recognizable; however,the government provides an opportunity for people to submit an application without requiring them to get their neighbors' permission. She stated the events do bring in traffic and congestion, however, those things can be addressed. She stated they have abided by the regulations, and yet they have received personal allegations and threats. She further stated they do not intend to cause damage to the neighbors, however,they have rights as citizens to continue with their cultures and traditions. She stated they have no evidence of the fights and drunkenness, and they want the opportunity to prove they can run a good operation. Mr.Gutierrez stated he was allowed 350 by right,and the Sheriff closed the gates when they exceeded that amount. He stated they were not shut down,he did not lie to Mr. Matthews,and he followed the recommendation of the Sheriff's Office to go get a permit. Commissioner Geile commented he does not make any determination based on race, religion, etcetera. Responding to Commissioner Geile, Ms.Gutierrez stated with the new parking plan there should be no vehicles parking on Weld County Road 31; however, if that happens and people are not abiding by the signage that states no parking on Weld County Road 31, the security will be directed to have people move if they are associated with the event. She further stated they requested a broad range of hours because they do not have a specific race program. She explained each race can take up to 45 minutes to coordinate and run, and they will only be conducting races on Saturday or Sunday,not both days in one weekend. She further stated they operate primarily in the summer because it provides the best conditions for the animals; however, they can do some races in the Spring and Fall, weather permitting. Mr. Gutierrez stated they do not race in mud or snow,but in some of the colder months Colorado can have nice weather,therefore,the scheduling depends on the weather. He added there are also times when it is nice and they will not conduct an event. Responding to Commissioner Geile, Ms. Gutierrez stated they will be responsible for paying the security firm regardless of the nonprofit outcome. Responding to Commissioner Long, Ms. Gutierrez concurred they have difficulty limiting the events to certain months because if there is nice weather they want to be able to conduct practice races and formal charity events. Chair Jerke expressed concern with the applicant's reference to the"race card" because he has not heard any racial comments from the public testimony. He stated it has been his experience that each applicant has to go through the same process and the Board has approved or denied many 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR#1483) PAGE 10 applications regardless of the race and financial status of the applicants. Ms. Gutierrez explained the racial reference was in response to a quote in the Longmont Times-Call which was offensive to her, and she reiterated she was glad to see in the County Code that all applications are treated equally based on compliance with the regulations. In response to Commissioner Long, Ms. Gutierrez stated they are agreeable to adding language which addresses the safety issues related to traffic passing the oil and gas facilities as it goes to the parking area. Responding to Chair Jerke, Ms. Gutierrez stated they have reviewed and concur with the Conditions of Approval and Development Standards as proposed. Commissioner Vaad stated he visited the site on a quiet day and he found the residence to be very attractive; however, none of the Board members have seen the facility when the races are taking place. He stated based on testimony regarding traffic spreading into the adjoining community during and after events, he has struggled with the requested intensity as it relates to compatibility. He also expressed concerns with the health, safety, and welfare of the area. He stated he reviewed the Code sections dealing with Temporary Assemblies of 700 persons,which requires three EMT's,an ambulance, and an enclosure for administering first aid; however, if this use is permitted, those requirements are waived. Commissioner Vaad stated he does not support the application due to the apparent incompatibility with the existing surrounding community. Commissioner Masden stated he has listened to the testimony and received numerous phone calls regarding this facility,and he was informed by the Sheriffs Office that there were 500 to 600 people at the site when the applicants were told they were only allowed 350. He stated he has received complaints from upset neighbors regarding traffic, trash, and urinating in the fields. He stated greyhounds are also raised in that area,however,they are not raced,but if they were that would also create a compatibility issue. He also has concerns with the protection of the health, safety, and welfare of the patrons and participants. Although the owners are not liable, he has concerns with how the jockey's injury was handled,as well as compatibility with traffic and limited Sheriffs Office resources. Commissioner Geile stated the compatibility issue deals with the amount of people and the health, safety,and welfare of the people attending the event. He stated he would prefer to ask the applicant if they would be willing to address that issue with emergency personnel. Chair Jerke stated dealing with emergency care only addresses one aspect of the health,safety,and welfare. Commissioner Long concurred with Commissioner Geile if dealing with that aspect could potentially affect the Board's decision. Commissioner Vaad stated his reasoning was based on the lack of compatibility based on intensity, and the Use by Special Review process does not require the applicant to have emergency personnel, nor would a Development Standard address the issue of compatibility. He stated if the intensity is limited that may be problematic for fund raising, and if more want to attend they may linger in the area waiting for someone to leave so they can be allowed in. In response to Chair Jerke, Ms. Gutierrez stated they requested 1,000 persons only because that happened on one occasion, however,they generally do not have that many people. Mr. Gutierrez questioned whether the Board would be satisfied if they restrict the amount to 700 and provide ambulance services and an emergency exit. He explained the Paramedic Service stated they would be willing to park at the site and only leave if they get a call, and then return when they were done. 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR #1483) PAGE 11 He stated approval will give them an opportunity to prove they can operate in compliance and later request an amendment if they wish to expand. Ms.Gutierrez stated they will need the opportunity to spread the word that the use is limited, and they may need to turn people away for the first few events until people become familiar with the new arrangement. Mr.Gutierrez stated they may have some problems with attendance for a few races until the concept gets around, and they are also willing to sell tickets to help control the numbers. Chair Jerke confirmed the applicant has agreed to 650 people and providing an ambulance on the site. Commissioner Vaad stated the ambulance will need to be on the site at all times, with a contract for the specific events. He stated in many ways the applicant is the victim of their own success,thus the conflict with intensity. Mr. Gathman proposed adding Development Standard #34 to state, "There shall be adequate safety fencing and/or barriers around any existing oil and gas facilities." He stated they could also add a Condition to ensure the fencing is in place before they operate. He explained the Conditions cover the existing facilities and the Development Standards address future facilities. The Board concurred with the proposed language. He also suggested adding Development Standard#35 to state,"There shall be an ambulance and EMT personnel on the site at all times." Commissioner Vaad recommended using the language from Section 12-1-30.B.4 of the Weld County Code. In response to Commissioner Geile, Mr. Morrison stated the intent of the Code is to provide a temporary structure for triage and administering first aid. The Board concurred with that change, as well as amending Development Standard #3 to limit the number of persons to 650. In response to Commissioner Geile, Mr. Morrison stated"staging"means sitting in an idling car waiting to get in. Commissioner Long commented it may be good to consider a turn around area at the gate for those who are directed to leave the site. Mr.Carroll proposed modifying Development Standard#4 to add language that states, "The south access shall be widened and the gate relocated to accommodate two-way traffic, a minimum of 24-feet in width,with a turn around area. The access road shall be surfaced with gravel or the equivalent and shall be graded to prevent any drainage problems."He stated the applicant has testified they intend to widen the staging area so there is no parking or staging on Weld County Road 31. Responding to Chair Jerke, Mr. Carroll stated the intent is to turn around at the gate or possibly use the existing turn around area at the tank battery. Commissioner Masden commented using property that is leased for oil and gas uses may not be a suitable solution. Chair Jerke commented he does not want to micro-manage, rather, have staff ensure there is an area for a turn around. Commissioner Long stated there have been other instances where the Board has been able to mitigate the concerns,and through the amendments to the Development Standards,the Board has been able to address the issues at this point. He stated if the requirements are not followed or enforced, and violations occur, then the Board has the ability to revoke the permit. He stated the reduced intensity and providing emergency care provides for the health,safety and welfare of the participants and area residents,therefore, he supports the application,with the understanding that there is a process to further amend the Conditions or revoke the permit. Commissioner Geile stated he concurs with Commissioner Long. He cited Section 23-3-40.C regarding race courses. He stated there was a lot of testimony regarding alcohol, however, the applicant has testified that it has not happened. Regardless, there is a security plan to ensure it does not happen or it will be dealt with. He further stated there is a transportation plan to address traffic parking and congestion on Weld County Road 31,which also addresses moving traffic into the site. He stated compliance with Sections 23-2-230.B.4 and B.7 has been dealt with through the modifications made to the Resolution. He further stated there was public testimony regarding the 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR#1483) PAGE 12 times of operation, however, he feels this type of facility offers a valuable activity for the members of the county. Chair Jerke stated despite the amendments and improvements,he does not support the application. He stated there are still compatibility issues because the Board has received a petition with 307 signatures of people living within one mile who are opposed. He stated this came to the Board in the form of a compliance issue, and he does not agree with the handling of a previous fatal injury at the site. He stated the potential for crime comes with the combination of gambling and alcohol, and the applicant still needs to contract with a medical provider, address septic requirements, initiate the new security plan, and maintain signage, all of which takes away the charity aspect because portions of the profits must be used to sustain the facility. He stated the concept of gambling leads to problems even if it is friendly gambling. Commissioner Vaad stated he sincerely believes the applicants desire to comply with each requirement; however, they do not have the ability to handle the actions of those who are denied entrance. He stated the applicant does still have the ability to occasionally gather 350 people, although not on a continual basis, and therefore, he still does not support the application. Commissioner Masden thanked the applicant for all that they have done,and for ceasing the activity when the violation occurred. He stated he appreciates the sincerity of the applicant,and he assured the applicant that the Board of Commissioners takes each case on its merits only. He stated regardless of all the other issues of compliance, he does not find they comply with Section 23-2-230.6.3 which requires the use to be compatible with the surrounding land uses. He further stated Section 23-2-230.B.4 deals with plans of affected municipalities,part of this property falls in the planning area of Fort Lupton,and he does not feel this would be compatible with the plans of Fort Lupton. He stated approval of this permit would essentially make the applicants responsible for those who are not allowed onto the site, therefore, he does not support the application. Commissioner Long stated there is a need for this type of facility,although this is not the best place, and he invited the applicants to seek an appropriate place and use their ability to continue raising contributions. Commissioner Vaad moved to deny the request of Martin and Berta Gutierrez for a Site Specific Development Plan and Use by Special Review Permit#1483 for Recreational Facilities and Uses, including race tracks and race courses(horse racing), in the A (Agricultural)Zone District, based on his previous comments that the application is not compatible with the surrounding area, nor does it provide for the health,safety,or welfare of the inhabitants of the neighborhood and Weld County. The motion was seconded by Commissioner Masden who previously stated the application is not compatible with the plans of the City of Fort Lupton. Commissioner Geile stated there is a vital need for this type of activity, and he feels the applicant has gone to the extreme to make this particular facility an asset and provide support for nonprofit organizations. He stated denial of this application will result in a loss for that opportunity, and he feels it is compatible with the area. There being no further discussion,the motion carried three to two,with Commissioners Geile and Long opposed. The hearing was completed at 4:20 p.m. 2005-0065 PL1752 HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR #1483) PAGE 13 This Certification was approved on the 10th day of January 2005. APPROVED: BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO ES- '1t )/ • I �` William H. Jerk:, hair 1861 We --� � Clerk to the Board C1/474? �trrJ. G-ile` T� a } ION cc Clerk to the Board _ i i E. Long TAPE #2005-01 '. \JO Robert D. Masde DOCKET#2004-102 Glenn Vaad "- 2005-0065 PL1752 EXHIBIT INVENTORY CONTROL SHEET Case USR#1483 - MARTIN AND BERTA GUTIERREZ Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 08/17/2004) D. Clerk to the Board Notice of Hearing E. Jonathan Glover Letter of Opposition, dated 08/16/2004 F. Benjamin Hansford, Sr. Letter of Concern, received 08/27/2004 G. Applicant Letter addressing Conditions of Approval, dated 08/30/2004 H. J.J. Escort and Security, Inc. Evidence of security services, dated 09/01/2004 Applicant Evidence of restroom facilities provided by United Site Services, dated 09/01/2004 J. Applicant 2 Letters addressing Conditions, dated 09/03/2004 K. Benjamin Hansford, Sr. Letter of Opposition, dated 10/04/2004 L. David and Linda Obel Letter of Opposition, dated 08/28/2004 M. Robin Stanley Letter of Opposition, dated 08/28/2004 N. Planning Staff Memo re: Conditions prior to Scheduling, dated 10/14/2004 O. Applicant Letter requesting to proceed with the hearing process, received 10/26/2004 P. John Farrell E-mail of Opposition, dated 11/22/2004 Q. Applicant Letter dated 11/28/2004 R. Applicant Petition of Support from Aristocrat residents, received 12/01/2004 S. Applicant Letter dated 12/01/2004 T. Applicant Petition of Support from horse owners/jockeys/Colorado residents, received 12/01/2004 U. Applicant Letter of Invitation to visit site, dated 11/23/2004 V. Nancy Wilkinson E-mail of Opposition, dated 12/07/2004 W. John Farrell E-mail of Opposition, dated 12/07/2004 X. Planning Staff Certification and Photo of sign posting Y. M. Sloeffler Letter of Support, dated 12/10/2004 Z. John Folsom E-mail of Concern, dated 12/16/2004 AA. Clerk to the Board Transcript of telephone call from Donna Glover, dated 01/05/2005 BB. Ben Hansford Petition of Opposition CC. Marty Mathews VHS Video, dated 03/27/2004 and 07/18/2004 (Partially shown) DD. EE. FF. GG. HH. I I. JJ. KK. LL. MM. NN. OO. PP. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF JANUARY, 2005: DOCKET#2005-102 - MARTIN AND BERTA GUTIERREZ PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip /)7� ,/v 4fl4 W S /SDT e-e-r-✓s 4-uc C 6 .27 _Laac, a Ali A-e--kA l I 507 5-/x In (VAN' �/r/ y�J/ lO 8062/ /Q�. agar; /9&-le›--67m4/4 Fit / z� m. 8a 2/ � — i3' en 4 t51K© � Tf2/-C +I rig Le/4V'rz M`( ,yS5ob 5+ ) 4- 1. ptoh Ls, sroph iRson /s eis F333 Mae, / ,ef yo42 /s'iz At d cz/ � � a� /616-7/O /1-26/2 "i Ge u;S-77- Y 4,71 7.1=3 4i //Sy 14rz Art_ - ieis4c1Cs. 13.15-0.9/ -� 1 /G 5�y5 id, y� 4 Q5`4//-e. l'0 S'a,‘5_ citL+ Au// a57v cvLc �I(, L14s/4a Co 'Roc- QC r �,-J A4-w, Q,,S/ s �� S� /537‘ i� FrL1 faL c‘. goy a/ 4,4Ai%cat 64c,s; RN2.,,-) F7 a/ I(ev ;/l Deal lke Fbr+ / 2n Press Ft Lino fo// C U f1 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF JANUARY, 2005: DOCKET#2005-102 - MARTIN AND BERTA GUTIERREZ PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 1 ()sod. e Fv,p{s(A\ 3 ) D toy-vLe )1-t-A-e /up 24-fr, c z2 Ja r v.e vi , 5 z 9I r W,-5-c--° Wl..ca/ ))r v, g4For c'utG mad ,e- 40 Cein, /3-5512 2255- N &tea /! /4j1 , CO /gee 77/ 7 air-2 3/ V,.E 01�i�; , rte/ h, G, 7y'7 3/ x11 - /L2/, Mann. \ `-\2 \ \ Lv- G1, CO SC&y ? ]AMvtC JA&OEt (� \ SL\2 \ rO k 2 � Li-p cc�,c� C(9 2cO A0/4 C2- Li 5, 4mil4110st, ,.�z /� , ,2 fr Ad - rvJ / ) — !Jam fCu red O /47r /2� 7/ - / '?uAi>/4/0' 0 iCti)f� 1757ifw RvSvsm /529%.E c,/d-jjbL/ivy !yvc c Ly. 7i i* et- t"-Y ;c, Lc&.6,,i' `%c)j LINl2(FN 4( I z.A/T K74 On t, 41)u P.D 11'o1jsL3 PT coerit) @o F-6 (Sl J si,.mt,, 1- 475- so co,Jy s ; 1i77L<—D,') cow�//Yo/, Z3 �/+im icz (r.P,//,Ov u /.p”/' L- /ate S. /J/5f7..l.4i �r/ f^f� �/ `td�.'/ C` ai Ir5 y`�dd,/ ;7 /Sd� Pogo///9c iv-e f % ��io/1/ la (06A / 41. _A-e.„ dv /SI E,f c - c, ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF JANUARY, 2005: DOCKET#2005-102 - MARTIN AND BERTA GUTIERREZ PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 4e-ii jar.-,,A /1 d sjsr. /s3•7c & ‘04. o z/ � a vt, i-�s 7i� u� 1P 3 h /64 t (DD7 6-. )24 h n -1' Y re 1 t 2i<ls w , ,f2o4DD4 (v q l 4O �z,�� T-�f o2/ �. 142— J4).-,iis .SwadL 4473' S. Co ay Sr- eo c?,), 2_--5 r ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF DECEMBER, 2004: DOCKET#2004-101 - GERRIT AND KAREN VOSHEL DOCKET#2004-100 -APPLIED FILMS CORPORATION DOCKET#2004-102 - MARTIN AND BERTA GUTIERREZ PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip * eme2\ VD s GGc� r . s C� c ( C:Lc I f�r�u� y /L7 �e)vile;: u� �- l�C e r^ + � �(n � vssz- / z°7( icy<w /wl l �v /� vigA uY7-co: z2 A� �, 2? 8 vALL& `/ 1/ srA ��t�'' �2Fs?a^�� !G/�1�� „24, . /5:57,c7 Gvc.C,. �G�r% i LZ (`'D 11 arr� nior� l9 / 19 �f,;,,,, / /y'/l2° it/39• (:-. .46,„,,c,...,7 5 / /or/ ,c,...c/ ri© . ono c /S 4? ) C Q 6 lky. ,. 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