HomeMy WebLinkAbout20203272.tiff RESOLUTION
RE : ACTION OF BOARD AT PROBABLE CAUSE HEARING , PCSC20 -0025 ,
CONCERNING USE BY SPECIAL REVIEW PERMIT , USR19 -0022 -
EDUARDO SALVADOR RIVERA TORRES
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
W -1EREAS , on the 4th day of November , 2020 , a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine whether or not
Eduardo Salvador Rivera Torres , 4396 North Highway 1 , Fort Collins , Colorado 80524 - 9596 , was
in compliance with certain Conditions of Approval and Development Standards contained in 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 . and
WHEREAS , the alleged violations were said to be occurring on property being further
described as follows :
Lot D of Recorded Exemption , RECX17 - 0069 : being part of the
SW1 /4 of Section 23 . Township 9 North , Range 67 West of the
6th P . M . . Weld County , Colorado
WHEREAS , after hearing testimony from the Department of Planning Services . the Board
finds that oursuant to the procedure as set forth in Chapter 2 Administration , of the Weld County
Code . the -e is sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Use by Special Review Permit should be revoked for failure to comply with certain
Conditions of Approval and Development Standards . and
WHEREAS , the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing .
NOW , THEREFORE , BE IT RESOLVED by the Board of County Commissioners of Weld
County , Colorado , that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit . USR19 - 0022 . issued to Eduardo Salvador Rivera Torres . should be
revoked .
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing
shall be December 9 , 2020 . at or about 10 : 00 a . m . . in the Assembly Room of the Weld County
Administration Building , 1150 O Street . Greeley , Colorado .
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said
Show Cause Hearing is whether . or not the permit holder is in compliance with the following :
Conditions of Approval :
4 . Prior to Construction :
A . The approved access and tracking control shall be constructed .
CC : paPs5 / Te2 , !wet. , hee lr R.€9 2020 - 3272
12-%/.312.4o2.O PL2691
SET SHOW CAUSE , PCSC20 - 0025 - EDUARDO SALVADOR RIVERA TORRES ( USR1 9 - 0022 )
PAGE 2
B . If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit
will be required .
Development Standards :
9 . One ( 1 ) ambulance and two ( 2 ) persons trained in emergency medical technology
shall be onsite during any racing event .
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 .
32 The property owner shall comply with all requirements provided in the executed
Improvements Agreement .
35 . The historical flow patterns and runoff amounts on the site will be maintained .
42 . The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards . Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners .
The above and foregoing Resolution was . on motion duly made and seconded , adopted
by the following vote on the 4th day of November . A . D . , 2020 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY . COLORADO
ATTEST : Watts ) IA
Mike Freeman , Chair
Weld County Clerk to the Board
Steve' Moreno . Pro -Tem
BY . �
eputy Clerk to the Board „_sel ;, his
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jy•� Sc tt K . James
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7ROVED A RM - , go. � r. w�, :
rbara Kirkmeye
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County Attorney tear Waite:
~1' r• Kevin D . Ross
Date of sic nature : t l 1 ( 3 ( a-c)
v
2020 - 3272
PL2691
1 PAGE OF DOCUMENT
INCLUDED IN PAPER FILE .
ttrir-7, MEMORANDUM REMAINDER RETAINED
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ELECTRONICALLY IN TYLER
To : Weld County Board of County Commissioners Hearing Date : November 4 , 2020
From : Angela Snyder, Department of Planning Services
Subject : PCSC20-0025 Probable Cause Hearing for USR19-0022 . Use by Special Review
Permit for a horse racing facility ( Nunn Downs )
Owner Eduardo Torres
Legal Description : Lot D of Recorded Exemption , RECX17 -0069 , being a part of the SW4 , Section 23 ,
Township 9 North , Range 67 West of the 6(h P . M . , County of Weld , CO
Location : East of and adjacent to County Road 21 , North of and adjacent to County Road 102
Parcel Size : +1- 120 acres Parcel Number : 0453-23-3-00-034
Zone District : A (Agricultural )
BackaroLnd
PCSC20-0025 probable cause hearing comes before the Board to review compliance of the site with
USR19 -0022 which is the Nunn Downs horse racing facility , located at the intersection of CR 21 & CR
102 . The owner of the property is Eduardo Torres .
The Department of Planning Services received nctice from the Department of Public Works that the site
has unmet concitions of approval . The Department of Public Works has submitted the attached referral
listing the unmet conditions .
Staff also received multiple requests via phone calls and email to investigate the status of conditions and
standards from Jay and Robin Davis . who are not surrounding property owners , but use unmaintained
County Road 21 for access and pass the subject site .
Site visits were conducted by Staff on July 17 , 2020 to check site improvements and August 22 , 2020 to
check event compliance . No concerns related to number of attendees , security , safety , traffic flow , site
design were noted . Landscaping was being installed . Staff generally grants one ( 1 ) year to install
landscaping to account for varied planting seasons . Portable toilets were not screened and road
improvements were incomplete .
Apparent Violations
The Department of Public Works , as stated in the referral dated October 12 , 2020 , finds that the applicant
has failed to meet the following requirements as specified in the BOCC resolution , the accepted MHT
(Traffic Control Plan ) , the Improvements and Road Maintenance Agreement , and/or the accepted Final
Drainage Report :
PCSC20 - 0025
Page 1 of2
2020 - 3272
It 100 FL, --e- L-Pqi
1 Obtain Weld County Access Permits for CR 21 and CR 102 accesses
2 Construct the access on CR 21 with 60 -foot radii
3 Construct the approved tracking control on the CR 21 access
4 Obtain a Weld County Right-of-way Permit needed for the construction of CR 21 improvements
5 Design and construct a County -approved gravel roadway along CR 21 from CR 102 to 50 feet
beyond emergency access which meets Weld County Code, Section 8-6-150
6 Grade CR 21 within 24 hours of the conclusion of events
7 Obtain a Weld County Grading Permit needed to construct the two (2) detention ponds per the
applicant's Final Drainage Report dated July 31, 2019 and revised on September 16, 2019
8 Construct two (2) detention ponds per the applicant's Final Drainage Report dated July 31, 2019
and revised on September 16, 2019
9 Fully comply with the approved Traffic Control Plan dunng events
Recommendation
Therefore, the Department of Planning Services believes that Probable Cause exists that the site is out of
compliance with the requirements of USR19-0022 and recommends that a Show Cause heanng be
scheduled
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