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HomeMy WebLinkAbout20160016.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0060, FOR RECREATIONAL FACILITIES AND USES INCLUDING RACE TRACKS AND RACE COURSES (MATCH HORSE RACING) IN THE A (AGRICULTURAL) ZONE DISTRICT - GERARDO CERVANTES AND NANCY GARCIA, C/O LEONEL ORNELAS 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 6th day of January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Gerardo Cervantes and Nancy Garcia, 4806 N. Sungold Lane, Castle Rock, CO 80109, do Leonel Ornelas, 13291 N. Harback Road, Bennett, CO 80102, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0060, for Recreational Facilities and Uses including race tracks and race courses (match horse racing) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE -3588; being part of the NE1/4 of Section 24, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Ana Ornelas, 13291 N. Harback Road, Bennett, CO 80102, 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 recommendation 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 23-2-230.6 of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is not consistent with Chapter 22, specifically, A.Goal#1, A.Goal#2, A.Goal#9, and A.Goal#10. B. Section 23-2-230.6.2 -- The proposed use is not consistent with the intent of the A (Agricultural) Zone District. C. Section 23-2-230.6.3 -- The uses which would be permitted would not be compatible with the existing surrounding land uses. D. Section 23-2-230.B.4 -- The uses which would be permitted would not be compatible with future development of the surrounding area as permitted 4176668 Pages: 1 of 2 01/27/2016 12:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 J'411,1 lb), 1I II 6-C1: i-PL ,14L, Appe. 1/228 2016-0016 PL2389 DENY SPECIAL REVIEW PERMIT (USR15-0060) - GERARDO CERVANTES AND NANCY GARCIA, C/O LEONEL ORNELAS PAGE 2 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. 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 do not 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 Gerardo Cervantes and Nancy Garcia, c/o Leonel Ornelas, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0060, for Recreational Facilities and Uses including race tracks and race courses (match horse racing) 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 6th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board P. Conway, Pro -Tern Clerk to the Board Cozad APPROVES AS TO unty ttorney Date of signature 1 /o2J�/1% Steve Moreno 4176668 Pages: 2 of 2 01/27/2016 12:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III l��1N R�'� Ii+��'I�� MIAMI ,h Bill 2016-0016 PL2389 Hello