HomeMy WebLinkAbout20050050.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING 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
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 8th day of
December,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Martin and Berta Gutierrez, 7717 Weld County Road 31, Fort Lupton, Colorado
80621, 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 on the following described real estate, to-wit:
Lots A and B of Recorded Exemption #3375; being
part of the E1/2 of Section 28, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing,at the request of the applicant,the Board deemed it advisable
to continue the matter to January 5, 2005, at 10:00 when a full quorum of the Board would be
present, and
WHEREAS, on January 5, 2005, said applicant was present, 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 Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.3--The proposed use is not compatible with the existing
surrounding land uses. The traffic generated by the application is
incompatible with the rural and residential uses in the area,and the number
of possible participants is incompatible with the neighborhood. Even more
of a compatibility problem is the spill over of people attracted to the activity
who may be turned away but remain in the vicinity at times when the
maximum number of participants allowed by the proposed Use by Special
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SPECIAL REVIEW PERMIT#1483 - MARTIN AND BERTA GUTIERREZ
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Review Permit is exceeded, as well as those individuals who remain in the
vicinity after an event has concluded. The applicant can provide a measure
of control over the behavior of individuals attending the event, such as
attempting to prevent liquor consumption on the premises; however, they
cannot control the actions of those who have left or have been turned away.
There is testimony that problems such as loitering, public urination, and
accumulation of trash have occurred at prior events.
b. Section 23-2-230.6.4 -- The proposed use is not 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.
c. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and proposed Development Standards will not
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County. As
stated above,there is incompatibility issues regarding traffic generated by the
application,the number of possible participants,and the spill over of people
attracted to the activity who remain in the vicinity at times when the facility is
at capacity or after the events have ended. The applicant can provide a
measure of control over the behavior of individuals attending the event,such
as attempting to prevent liquor consumption on the premises;however,they
cannot control the actions of those who have left or have been turned away.
There is testimony that problems such as loitering, public urination, and
accumulation of trash have occurred at prior events. The health,safety,and
welfare of the inhabitants of the neighborhood and the participants cannot be
adequately addressed. The standard established by the Weld County Code
for temporary assemblages would indicate the need for three EMTs to be
present at the site at all times, which does not appear to be practical or
economical when the events are for fund raising. The emotions involved in
gambling, even if legal, social gambling, combined with the likelihood that
alcohol will be smuggled into the events, make the control of the participants
more problematic.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Martin and Berta Gutierrez fora 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 on the parcel of land
described above be, and hereby is, denied.
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SPECIAL REVIEW PERMIT#1483 - MARTIN AND BERTA GUTIERREZ
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
���� WELD COUNTY, COLORADO
ATTEST: �� „tDO��'//�G, //, 4-, )� AYE
I!!� „"�N �j William H. Jerk , Chair
4 ty ty Clerk to the Board e' gri� r�
NAY tcar)`O Li,t DD Clerk to the Board NAY
u"i r��% vid E. Long
•� D A M: AYE
/ Robe D. Masden/l
ounty ttorney �� -f^ l� AYE
Glenn Vaad
Date of signature: 4-9 S2C
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