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Home My WebLink About20043301.tiff HEARING CERTIFICATION DOCKET NO. 2004-102 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 December 8, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long - EXCUSED 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, Peter Schei 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 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. Lee Morrison,Assistant County Attorney, made this a matter of record. Chair Masden advised Martin and Berta Gutierrez,applicants,that they have the option of continuing this matter to a date when the full Board will be present. However, if they decide to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Long will listen to the record and make the determining vote. The applicants indicated they would like to continue this matter to a date when all five members of the Board will be present. Mr. Morrison stated the applicant has also requested the members of the Board visit the site, in which case the Commissioners would not be allowed to take testimony. Commissioner Geile commented this is a quasi-judicial process with significant amounts of testimony supporting and opposing the proposal. He questioned whether a full-Board site visit would constitute a public meeting. Mr. Morrison stated if the Commissioners visit the site as a full board, then staff would need to provide notice of a public meeting in which no public testimony would be accepted. He further stated members of the public would be able to attend the meeting at the site;however,they would not be allowed to testify at that time. Commissioner Geile expressed concern that in showing the site,the applicant might want to review the case with the Commissioners. Mr. Morrison stated the applicant has agreed to provide access to the site and there should be no discussion. He stated, at the next public meeting, the Commissioners would need to make comments on their observations. He suggested the site visit be scheduled before the close of this hearing if the Board intends to visit as a group; however, if they visit individually, they will not be violating the public meeting rules. Commissioner Geile stated it is not unusual for him to visit a site before a hearing, 2004-3301 PL1752 �'�' - Pt, /9io /-7/L_CEP) / 9-Oy HEARING CERTIFICATION - MARTIN AND BERTA GUTIERREZ (USR #1483) PAGE 2 and he feels that individual visits will be adequate in this case. Commissioner Jerke commented his only concern is that if the Commissioners visit separately,they do not have the benefit of seeing and experiencing the same thing at the same time,however,it does eliminate the complications of arranging for an off-site public meeting. Chair Masden concurred. No public testimony was offered concerning this matter. Commissioner Jerke moved to continue 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, to Wednesday, January 5, 2005, at 10:00 a.m. The motion was seconded by Commissioner Vaad, and it carried unanimously. In response to members of the public,Chair Masden stated there is no limit to the number of times a case can be continued. He explained Commissioner Long was called to provide testimony to the Governor today instead of tomorrow so his absence was unexpected, and the public will have to trust that the members of the Board will have no contact with the applicant or other members of the public. Ms. Gutierrez stated they work and would not be at the site when the Commissioners visit. There being no further discussion, the hearing was completed at 10:25 a.m. This Certification was approved on the 13th day of December 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS W D COUN , COLORADO ATTEST: ill tr ,,Ns r •c' Robert D. Masden, Chair Weld County Clerk to the o- ��'!• =I 186 II a r CZ % vie� s � illiam H. rke Pro-Tem BY: .SC �:k✓i * Al Deputy Clerk to the B. w9 �ai► M. J. eile TAPE #2004-54 EXCUSED David Long DOCKET#2004-102 t aid Glenn Vaad 2004-3301 PL1752 Hello