The URL can be used to link to this page

Browse Search

Home My WebLink About20203546HEARING CERTIFICATION DOCKET NO. 2020-86 RE: SHOW CAUSE HEARING, PCSC20-0025, TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT, USR19-0022, FOR AN ANIMAL BOARDING AND TRAINING FACILITY, AND A COMMERCIAL RACE TRACK IN THE A (AGRICULTURAL) ZONE DISTRICT - EDUARDO SALVADOR RIVERA TORRES A public hearing was conducted on December 9, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Angela Snyder Public Works Department representative, Mike McRoberts The following business was transacted: IE I hereby certify that pursuant to a notice dated November 24, 2020, and duly published November 27, 2020, in the Greeley Tribune, a public Show Cause Hearing, PCSC20-0025, was conducted to show whether good cause exists for revocation of Use by Special Review Permit, USR19-0022, held by Eduardo Salvador Rivera Torres, for an Animal Boarding and Training Facility, and a Commercial Race Track in the A (Agricultural) Zone District. Fri Angela Snyder, Department of Planning Services, provided the general location of the site, outlined the Conditions of Approval (COA) and Development Standards (DS) listed in the Resolution, with which the Use by Special Review (USR) permit is out of compliance, and mentioned the following DS which were not included in the notice: DS #11 (Any animal brought to the site for boarding, training, or racing shall have a current Equine Health Certificate and a negative Coggins test), DS #32 (The property owner shall comply with all requirements provided in the executed Improvements Agreement), and DS #41 (The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services). She clarified these items do not require action from the respondent prior to holding events but recommended the Board request proof of compliance with these items, following a future event. She stated the Department of Planning Services staff recommends suspension of the permit until site improvements are complete, and noted, since the Probable Cause hearing, staff had met with the applicant's representatives who indicated willingness to comply with the USR Permit. Ms. Snyder outlined the options of the Board and displayed images of the site. /TO 11=-1(/ p)' CA636/13C) 2020-3546 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES, PCSC20-0025 (USR-19-0022) PAGE 2 e Mike McRoberts, Department of Public Works, stated he does not have a presentation but is present in case the Board has questions related to Public Works. e Bill Garcia, Coan, Payton and Payne, LLC, represented the applicant and objected to consideration of DS #11, DS #32 and DS #41, mentioned by Ms. Snyder, as they were not included in the notice. (Clerk's note: he also objected to DS #24 (Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility at all times. Temporary uses that are utilized for a time period of six months or less, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from public view), which was not mentioned by Ms. Snyder). He addressed COA #4.A (The approved access and tracking control shall be constructed) and COA #4.B (If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required), explaining how the respondent would remedy the non-compliance of those items and requested a continuance until March 31, 2021, as racing events typically start the first weekend of April. He reiterated his objection to the reference of DS #11, DS #24 and DS #41, went on to explain how the respondent will address each of those items, and discussed the respondents plan to address DS #31 (Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement), and DS #35 (The historical flow patterns and runoff amounts on the site will be maintained). He noted the respondent's team has worked with staff on solutions to resolve non-compliance and restated the request for a continuance. E In response to Commissioner Moreno, Mr. Garcia elaborated on DS #11 and the confidentiality surrounding an animal's health records, asserting the proprietary interest in the records which may affect the animal's value. Responding to Commissioner Ross, Mr. Garcia described the timeframe for construction of the detention ponds and an As -Built Grading Plan for the racetrack, stating the initial plan was to construct the ponds in phases, as the site grew, and have them completed within three (3) years. He stated because the racetrack was pre-existing, with no original grading plans, he is not sure how long it will take to obtain an As -Built Grading Plan. Ms. Snyder explained the racetrack is a Use by Right, the respondent applied for a USR permit after they were denied a Temporary Use Permit, and confirmed events were not held until their USR Permit was approved, relaying this was not a zoning violation case. Mr. McRoberts reiterated the construction of a racetrack is a Use by Right, but they are still required to get a Grading Permit because they disturbed more than one (1) acre of land. In response to Commissioner James, Mr. Garcia explained Mr. Rivera Torres is a Weld County resident, a high school graduate, and a business owner in the community who wants his business to succeed, and indicated the respondent thought he was in good standing and able to proceed with his business, based on an email he received from Planning staff. Responding to Commissioner Kirkmeyer, Mr. Garcia stated his first conversation with Bruce Barker, County Attorney, was last week and relayed he had met with Planning staff immediately preceding the hearing. Ms. Snyder indicated she had met with Mr. Rivera Torres, once, prior to the Probable Cause hearing and at that meeting he relayed he wanted to come into compliance with his USR Permit. She stated she was unsure if she had email communication with anyone from the 2020-3546 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES, PCSC20-0025 (USR-19-0022) PAGE 3 respondent's team, since the Probable Cause hearing, and Mr. McRoberts confirmed he had not had communication with the respondent's team, until the meeting preceding the hearing. Commissioner Kirkmeyer explained DS #11, 24 and 41 are not a part of the Show Cause hearing, therefore, comments related to those DS are not relevant to the Show Cause hearing. ▪ Tom Haren, AGPROfessionals, represented the respondent and stated the respondent's team received documentation for the Show Cause hearing, with staff recommending suspension, two (2) days prior. He outlined the Plans and Permits the respondent's team had applied for since the Probable Cause hearing and he asserted the recording of the USR plat triggers certain items to start and stated the plat was not recorded until August, 2020. He cited an email from staff, dated September 4, 2020, which states "full build out must be completed within three (3) years, though an extension may be requested." He asserted no evidence had been presented to prove they are not in compliance with the COA and DS listed in the Resolution, explained they have a solution to resolve DS #11, listed all of the items they discussed with staff in their meeting, and commented it may be challenging to complete dirt work and construction by March 31, 2021, due to weather. He restated he did not believe the site to be in violation of the USR Permit and requested a continuance to March 31, 2021, with an additional three (3) months to complete the dirt work. In response to Commissioner Moreno, Mr. Haren stated the USR Permit only allows events to be held in a six (6) month window, which starts April 1st of each year and Mr. Garcia asserted an event is not yet scheduled for April, but April 3, 2021, is the first date they would be able to have an event according to the USR Permit. ▪ In response to Commissioner Kirkmeyer, Mr. McRoberts confirmed there is a recorded Improvements and Road Maintenance Agreement and read from the agreement regarding the requirement of off -site improvements and obtaining a Right -of -Way and Access Permit, prior to construction. He referenced his referral letter dated May 13, 2019, for USR19-2022, regarding acceptable tracking control measures and noted there was no mention of phasing in the Drainage Plan. Commissioner Kirkmeyer reminded everyone of the COA and DS listed in the Resolution and stated everything else is not relevant to the Show Cause hearing. There was discussion among Mr. Choate and the Board about allowing public testimony and Mr. Garcia objected, citing Code Section 2-4-50.1 (Specific Procedures of an Adjudicatory-type hearing). Mr. Choate confirmed it would be appropriate to open the hearing to public comment as the public, in this case, are the complainants and are considered additional witnesses. Mr. Garcia again objected and Commissioner Kirkmeyer cited Code Section 2-4-50.H (Adjudicatory-type hearings, procedure and evidence) stating this allows for public comment regarding the hearing. In response to Chair Freeman, Mr. Choate stated if the Board were to take action, such as suspension, any further action, at a future date, would be a separate action and could be heard by the Board, as it exists at that time. The majority of the Board expressed disapproval of a continuance and Chair Freeman opened the hearing to public testimony. • Chad Judge, Weld County resident, questioned whether Show Cause action was being taken due to a safety/hazard issue or for appearance and questioned the message revocation of the permit sends to other businesses with USR Permits. e Gene French, surrounding property owner (SPO), spoke about the traffic in the vicinity of the subject site. He stated there is a large number of truck/trailer combinations, relayed he had 2020-3546 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES, PCSC20-0025 (USR-19-0022) PAGE 4 observed unsafe driving in the area and asserted there is a history of non-compliance with this site. E Dianna Varra, SPO, submitted a list with SPO signatures who have concerns about the lack of compatibility of the Nunn Downs Racetrack (Exhibit AA) and read a prepared statement, which indicated the respondent has had plenty of time to remedy the issues of non-compliance. Jay Davis, SPO, read a prepared statement and submitted it as Exhibit AB along with supporting documentation. He stated the site is not in compliance and he and his neighbor maintain the road in front of the subject site, asserting the road has not been improved by the respondent, and requested the USR Permit be revoked. e Jose "Constantino" Moreno, Nunn Downs event goer, expressed his support for the racetrack, explaining it is a fun, family event, which draws people from other states and countries. There being no further comments, Chair Freeman closed public testimony. El Mr. Garcia stated he had not seen the petition of signatures Ms. Varra submitted and asked that it be stricken from the record, as he did not believe it to be as narrow of a scope as the Show Cause hearing. He addressed some of the concerns described by SPOs, restated the respondent's team had worked in good faith with staff to come up with solutions to resolve non-compliance and reiterated the request for a continuance until March 31, 2021. ▪ Chair Freeman recessed the hearing. e Chair Freeman reconvened the hearing and there was discussion among Commissioner Kirkmeyer, Mr. Garcia and Mr. Haren regarding the access, access permits, tracking control, Grading Permit, Improvements and Road Maintenance Agreement, and site runoff. In response to Commissioner Moreno, Mr. Haren clarified he would like the Board to consider allowing additional time for heavy construction and earth work, which could take up to six (6) months to complete. Commissioner James went through each COA and DS listed in the Resolution, staff responded as to whether they could provide evidence that each is out of compliance, and Mr. Haren and Mr. Garcia rebutted several items. El In response to Commissioner Ross, Mr. McRoberts addressed the Grading Permit for the racetrack, which was built prior to the USR application, and the requirement of a Grading Permit anytime more than one (1) acre is disturbed. Dawn Anderson, Department of Public Works, stated a Grading Permit would provide staff with the As -Built drawings, elevations, and a Site Plan Review Grading Plan. She indicated a Grading Permit encompasses the state's Storm Water Management Plan (SWMP), and Mr. McRoberts stated it also provides historical flow information. There was further discussion about the imperviousness of the site, potential water quality issues from parking vehicles onsite and Mr. McRoberts asserted the construction of the detention ponds is required as part of the USR approval, and not triggered by additional improvements to the site. Mr. Garcia rebutted the amount of acreage which has been disturbed, stated the respondent's understanding of the Grading Permit requirement was for drainage improvements, not for the 2020-3546 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES, PCSC20-0025 (USR-19-0022) PAGE 5 existing racetrack and stated he is not aware of an instance where the County has required a Grading Permit for grading that was already done. In response to Commissioner James, Ms. Snyder confirmed the plat was recorded, and the USR perfected, on August 8, 2020, and Commissioner James stated he is not in support of a continuance or the taking of a right of the property owner. Chair Freeman expressed he is not in support of a continuance knowing there will only be three (3) Commissioners able to hear the case. Responding to Commissioner Kirkmeyer, Ms. Anderson stated when a person applies for a USR Permit to remedy a violation, they also have to apply for a Grading Permit at that time, if more than one (1) acre has been disturbed. At Commissioner Ross' request, Ms. Snyder explained, post USR approval, Mr. Rivera Torres completed all required items except recording the road dedication and the map and confirmed Planning staff does not hold up applicants after they have submitted those signed documents, which Planning staff then records. There was discussion among the Board about how to proceed. Commissioner Kirkmeyer implied there is typically more progress made between a Probable Cause and Show Cause hearing to remedy non-compliance, than what she has seen with this case. Mr. Garcia provided clarification of the timeline in which the respondent's team reached out to the County to start resolving the issues of non-compliance. He asserted after he was retained by the respondent, he spoke with Bruce Baker, County Attorney, about a stipulation, which would have resulted in a continuance of the matter and stated Mr. Barker suggested March 31, 2021, as the continuance date. He explained on December 7, 2020, he reached out to Mr. Barker, who was then supposed to be in contact with staff about the terms of the stipulation and Mr. Barker suggested Mr. Garcia meet with staff on December 9, 2020, preceding the hearing, to discuss the terms of the stipulation. Mr. Haren reiterated the respondent's team did not agree that they were in violation with the majority of the COA and DS listed in the Resolution, as no evidence had been presented to prove they were in violation, and stated he thought they were meeting with staff to agree to terms of a stipulated agreement, which would then result in a continuance of the Show Cause hearing. He outlined the progress they have made since the Probable Cause hearing and in response to Chair Freeman, he stated he is comfortable with having only three (3) Commissioners present if the hearing is continued to March 31, 2020, as long as there is clear direction from the Board as to the goals, the timeline, and what is required. Commissioner Kirkmeyer relayed neither staff, nor the County Attorney, have the authority to agree to a stipulation agreement, as that is a privilege held only by the Board. In response to Commissioner Kirkmeyer, Mr. Choate confirmed he was part of the meeting with Mr. Barker and Mr. Garcia, at the back of the hearing room, preceding the hearing, but was not a part of any discussions with Mr. Garcia prior to that meeting. He indicated he relayed to Mr. Garcia, at the aforementioned meeting, he was not of the understanding there would be a stipulation agreement presented. In response to Commissioner Kirkmeyer, Mr. Garcia clarified there was only discussion of a stipulated agreement, but a stipulated agreement was not in place. e In response to Mr. Haren's previous comment about the goals and timeline, Commissioner James indicated the goals are the COA and DS listed in the Resolution and the timeline to complete them is by the next hearing. There was discussion among the Board about a continuance, versus suspension of the permit, and Ms. Snyder clarified, according to the USR Permit, there are no date -specific limitations on events, but the number of events allowed per year 2020-3546 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES, PCSC20-0025 (USR-19-0022) PAGE 6 is limited to 16. Mr. Haren stated the respondent is agreeable to a three (3) month timeframe or a condition that no events may be held until all items are brought into compliance. In response to Commissioner Moreno, Mr. Choate suggested the Board could proceed with a suspension without specifying a timeframe of resolution. Mr. Haren confirmed the respondent will not hold an event until all outstanding COA and DS are resolved and requested another hearing be held when those items are complete, to lift the permit suspension. Commissioner Kirkmeyer moved to suspend USR19-0022, held by Eduardo Salvador Rivera Torres, for an Animal Boarding and Training Facility, and a Commercial Race Track in the A (Agricultural) Zone District, until all Development Standards and Conditions of Approval presented at Show Cause Hearing PCSC20-0025, have been met, and stated good cause exists for suspension, based on the evidence provided by Planning staff. The motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 4:39 p.m. This Certification was approved on the 14th day of December, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: •� Weld County Clerk to the Board BY Deputy Clerk to the Boar Mi en, Chair oreno, Pro -Tern Kevin D. Ross 2020-3546 PL2691 ATTENDANCE LIST 12./e( / 26 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? (' r‘ \I ac (--O- 'TO () C-) X 273 Nu % 8, Sr; n 11 7(0 (c 0(1 .cam Kie- 0 NI prv-5 \r,i -eJ� ova)ti--�-�� vc () n, `S�1aLic( cmAtv‘a_el�corra\nui��I\ ,s,r_T.. tom , L..-7. Zk./, �-� - PAO li sZ rii l/D w' �� Z file, 7bi _ itg___ ' 6 C e;&: -/...6w, 7'≤ i 4,e,, 2:),2-4:2",4-- 44-4 clf- 'M\ S7l4 5 1144.4L.0s S rAlt, Q.re.-Cev-GQ€ ,.......t ) I ` NI €_ 1('Z�.C'<�(2— 4-1- Al c)feldnowt 7 321 E, ?8. `,i, S 1 AshakP1crrt.& L �gvcr -t 6,CC � 8rakv e,1c) ` ly o O 9vin .� �`7d"" Ave t'1r�2k 1,_' �ni,tnPt, �2G1 �r S: �.. tVil 4 k) 'Ao/itik6 ; tom i Jv5D 71'I t o& c 1 r /w ,L6\1 --e. 0 ex hh L r 7 --- focK )cioo c.�, S n ''� S'�- , (Cfi'J c� 1 S �.... �-rdc -tq`..-, _ f �A IC.'V � J �'-+ri�,i�E'C.�,G�<,(,)0,2_r _ i �s#y 0 -,/\fb.� osts' ,U .2=e--- ov g ct,.«, 6:1..4, eo 8e631 1_ Cla.„.—e- po.a.w.,se .!o r).tivio i : Silt Otyh 00 r` t' 7 C( @po-u f VI UP(1(gl)/f-1. Cc `/ JO :7- OAc.>,3 51 9 22 ; ,v vcis.) %y G ,).a -04 co-, e_ 644.vx... cam c..ve4A .7° =..&..,•'✓ r^ ems/ 4/73l fr.' i✓J C. \,4,/ its G-ecw%G_j — L.c,,,,.,e 4I4,,ri 49 0\IAc \ k.1(, N -10 k dlci f\e .V TMn,t1, V (Git/nc�,,,Je.6v,i `IZo. pv1,AmV✓,c4e. CQA, flMel' /Iuv kel, 5/66i CGS- cif ; rid3 Cd qCO Av'1 4J �, 1 / (,u6 cytk} / ( '1 i/C ,feet( d g9,57 ?ere' Z3 Ai4e.'1 C , C4 ? 42e/ d OSR C_ i'O V"dYt:J O'30Y�CouiV --Ak1i1.,asCrutiNvv\ getvQ4-6 )b4-,vw,\.CO'NN 7b`ih Av. J. k{ U&..)-r 2gt Lieu to vQ i- NOVA. aG29t , j \I f11--ANs Le 61,11,:k O,1 W-19 1O1 %u Jl 6 h r G1/ K1 e%- iri ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? r,r a- '1 Gfecr, rV E , t r11 S 8353 CR1©2 l�crh C0 866 5 reiCryelWa�,C �r ,l.Ccrn 04/A/ 6 V 60---SO''`ITILC(c'Lli°1-\°' IA_ \\)\d' ,ci__ E6,1A '4 4l -rOIX Y 656 eekv?o1/1/s W%'71. Ve- r"-- A" c inY c ' 4.46 /1 PV IV 06YSr c'oZ57 Ca' R1 2 ( NJ,w to ,C✓✓QC Jvtutd.sv ilcersmyg4 i i,/ria KotiAt--r- /� Q Far r,. S 1�x'd ,I A/,CrSAv (I C 8e �'''& � _61,,. C.�' h2Cri )447'0`( yk- G � c -114 / 7/ f (�r`_ �' _. .4e/6se 644 �C �f c 0 2, -/acv. u/( (.,ue,( !i Hello