HomeMy WebLinkAbout20181894.tiffHEARING CERTIFICATION
DOCKET NO. 2018-80
RE: SHOW CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT,
USR15-0051, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS, TO INCLUDE
AN OUTDOOR ARENA IN THE A (AGRICULTURAL) ZONE DISTRICT - GABRIEL AND
VELIA ROBLES
A public hearing was conducted on June 18, 2018, at 9:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Stephanie Frederick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
The following business was transacted:
El I hereby certify that pursuant to a notice dated June 4, 2018, and duly published
June 7, 2018, in the Greeley Tribune, a public Show Cause hearing was conducted concerning
Use by Special Review Permit, USR15-0051, for an Agricultural Service Establishment primarily
engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract
basis, including commercial rodeo arenas and commercial roping arenas, to include an outdoor
arena in the A (Agricultural) Zone District.
Kim Ogle, Department of Planning Services, displayed photos of the site and further detailed
the violations regarding Development Standards, #3, 6, 7, 8, 12, 13, 23, 26, and 27. He stated
the site is located one half -mile north of County Road (CR) 6 and west of CR 41, has been
historically used as pasture and to graze horses, and the property is surrounded by other
agricultural and residential lots. Mr. Ogle reviewed the timeline of the incident reports submitted
by law enforcement (Exhibit A) and stated the original USR was conditionally approved by the
Board on December 16, 2015.
Larry Neugebauer, Sheriff's Office, reported responding to the property for a fight with
weapons and usually when that occurs law enforcement must run their lights and sirens. He stated
he spoke with the Gabriel Robles, who told him he had a Temporary Assembly Permit, issued by
the County. Mr. Robles allegedly does not sell alcohol at the events, but people bring their own
alcohol and consume it on his property. Deputy Neugebauer identified there were six (6) security
guards at the event, and in his opinion, there isn't any respect for the security guards. He pointed
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out in the photos all the visible trash on the roadways and stated the neighbors are fearful when
there are rodeos and don't go outside. He then presented a video clip (Exhbit D), which was
submitted by an adjacent property owner, showing the reckless driving that occurred on the
Robles property.
el Jeff Meadows, Sheriff Office, stated on July 29, 2017, he was dispatched to the property for
a noise complaint, and was surprised at the amount of people and vehicles along CR 41. He
estimated there were 400 cars already there and eventually additional law enforcement that was
on -duty in the area had to respond to the event to close CR 41 and turn people away. He stated
this event took a considerable amount of resources from the Sheriff's Office, because they had to
respond to several calls from this property; however, Mr. Robles was cooperative and received a
citation for a permit violation. In response to Commissioner Conway, Deputy Meadows stated
there were over 1,000 people present.
Pete Jones, Sheriff's Office, stated there were ten (10) law enforcement agencies which
responded throughout the day, on July 29, 2017, and at 7:35 p.m., the call for an assault with
weapons came in. He stated he could tell the situation was stressful and so he responded to
assist. In response to Commissioner Kirkmeyer, Deputy Meadows explained there were six (6)
calls that came from the location on that day. Grady Nicholson, Sheriff's Office, stated he
responded at 4:00 p.m., at which time Deputy Meadows was preparing a citation and began
dispersing cars on CR 41. Deputy Nicholson stated there approximately 2,000 people at the
event, there was a large amount of alcohol consumed, and the attendees were out of control. He
stated people going to the event drive on the neighbor's property and about twelve (12) cars
parked illegally on the frontage road and then the people trespassed through an adjacent property
to get to Mr. Robles' property. Deputy. Nicholson expressed his concern regarding the lack of
access, to the arena, which is dangerous because of the large number of people and vehicles,
and the difficultly it creates for emergency responders.
El In response to Chair Moreno, Deputy Jones stated when law enforcement responds to this
type of incident it is difficult to decide if there is a DUI situation; however, there were citations
written for urination in public, and there were probably assaults which were not reported. He
reiterated there isn't an easy way for medical personnel to access the property safely and
efficiently.
In response to Commissioner Cozad, Deputy Jones explained there isn't a way to control
the situation where there is such a large crowd and he went on to explain about the incident where
several people were upset that the event was oversold. Deputy Neugebauer stated the property
owner has not taken responsibility to disperse the crowd and turn people away from the event.
Deputy Neugebauer stated he didn't believe Mr. Robles took any of the interactions, nor the
neighbors' complaints, seriously. Deputy Nicholson stated he has had one other interaction with
Mr. Robles, for an event with a Mariachi Band, and the event was very mellow compared to others.
He stated the other times he visited the site the property owner seemed overwhelmed and his
cooperation was because of self-preservation. In response to Commissioner Conway,
Deputy Jones stated the events are becoming more out of control and getting larger. He reported
at an event a month ago people were firing guns as they drove past law enforcement and he is
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afraid something serious will happen at these events. Deputy Meadows explained he wrote a
citation to Mr. Robles for violating the permit. Commissioner Kirkmeyer thanked the Sheriff's
Deputies for their testimony and for the service and hard work of the entire Sheriff's Office.
Ei Gabriel Robles, property owner, thanked the Sheriff's Office for their assistance and stated
he tries to turn people away but problems arise on CR 41 when the gates are shut.
Bill Garcia, Attorney for the property owner, explained the Lienzo Rancho Los Alamos is
owned by Gabriel and Veila Robles, which is a traditional charreada roping and rodeo that
competes against similar teams in the state of Colorado, as well as nationally. Mr. Robles stated
he believes there is a misunderstanding of the type of events being held at his facility, and
problems have occurred when he advertises for the events and charges at the gate, however; he
is willing to correct the problems. = Mr. Garcia then presented a brief slide presentation
(Exhibit F) addressing each violation of the Development Standards and reviewed the suggested
solutions. Mr. Robles stated the security will allow limited amounts of liquor through the gate and
they check the vehicles for weapons. In response to Commissioner Conway, Mr. Robles stated
security will deny patrons admission to the facility if they try to bring in large amounts of liquor or
weapons. Mr. Garcia stated there are rules for the facility and a sign is posted for the public's
view and Mr. Robles will provide a count of the number of cars and individuals coming through
the gate. Mr. Garcia submitted Exhibit B, as a count of cars and individuals which arrived at the
gate on June 2, 2018. In response to Commissioner Conway, Mr. Robles stated he hired
someone to track the number of vehicles and to keep records of the amount charged per
individual.
el Commissioner Cozad clarified the date the number of cars were tracked. In response to
Commissioner Conway, Mr. Robles stated the citation was dismissed in court and then displayed
the photos of his propert (Exhibit E)y. He stated the facility was constructed for the safety of the
animals and there is a six-foot tall fence. He explained the rules are posted outside the arena in
both English and Spanish. Mr. Garcia stated they have presented many suggestions to fix the
issues caused by the events and will hire two (2) security specialists to help with crowd control.
In response to Commissioner Conway, Mr. Garcia stated some of the solutions have already been
implemented and stated Mr. Robles would like to be allowed to continue to hold the rodeos. Mr.
Robles acknowledged the neighbors' concerns and committed to addressing their concerns. He
stated he would like to carry on his heritage and asked the Commissioners to consider that he
trying to run a legitimate business.
Mark Woodward, adjacent property owner, submitted photos of the event on July 29, 2017,
which over 1,000 people attended. He expressed his frustration with the speeding and reckless
driving and the loud music playing. He stated he could easily fill his pickup with trash and empty
beer containers after the events are over. In response to Commissioner Conway, Mr. Woodward
stated the last two (2) events held this year have been considerably smaller and quieter; however,
he would like his concerns addressed. In response to Chair Moreno, Mr. Woodward stated he has
not communicated with Mr. Robles.
Chris Hamilton, adjacent property owner, stated she has witnessed public urination, and
guns being carried out of vehicles, and she believes Mr. Robles is in violation of his original USR
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permit. She stated there has been two (2) events this year that were out of control and then some
smaller events. Ms. Hamilton expressed her frustration caused by three (3) years of having to call
law enforcement multiple times, as a result of the events. She stated she has seen a truckload of
kids picking up a small amount of trash along the road; however, the neighbors still pick up a
majority of the trash. She stated it is not desirable to have these types of events in the
neighborhood, and Mr. Robles has held several events outside the requirements of his
Development Standards. Ms. Hamilton stated his events are advertised on the radio and
Facebook. = In response to Commissioner Conway, Ms. Hamilton stated she contacted the
Department of Planning Services about Mr. Robles holding events in March and the events going
past 7:00 p.m. In response to Commissioner Cozad, Ms. Hamilton stated she does not feel safe
during the rodeos and some of the neighbors didn't want to come to the hearing, because they
are afraid. She explained she has seen guns being loaded into the trunks of cars as individuals
leave. In response to Commissioner Conway, Ms. Hamilton stated she feels like a prisoner in her
own house.
Cri Donald Distel, adjacent property owner, reported the first event this year took place on March
24, 2018, and feels like a prisoner in his own home. He stated he has had guns and pistols pulled
on him. He also expressed his frustration that there isn't any road base on County Road 41, he
does not feel safe and would like to see the USR permit revoked and the facility shut down.
• Debra Sauer, adjacent property owner, stated there have been days the dust is so bad during
the rodeo, she could not see across the street. She stated the noise is horrible, and animal cruelty
occurs on the property. Mr. Robles had a steer with an injured a leg that was left in the pasture.
She stated Mr. Robles does not follow the rules.
• Mr. Robles stated after every rodeo or event he cleans up the trash along CR 41 and 8. He
stated accidents happen; however, he is very careful and manages the animals for safety. Mr.
Robles inquired if he would be in trouble with the County and neighbors if he has family come to
his property. He stated he will work with the oil and gas company to mitigate the dust on the road,
put asphalt on the roads and speed bumps to slow the cars down. He stated he will post the rules
on the gate in English and Spanish.
El Lenny Rimpley, RPM consultant, presented recommendations to solve the issues with
alcohol and weapons being brought on the property and agreed to provide a report in the next 30
days. Commissioner Cozad stated her biggest concern is the lack of compliance with the law and
she inquired concerning his background and knowledge regarding these issues.
• Mr. Garcia explained George Herrera, retired Denver Police Officer, will be involved with
analyzing and addressing issues of concern to law enforcement. Mr. Garcia requested 60 days
to address the issues and report back to the Board. In response to Commissioner Conway, Mr.
Garcia stated Mr. Robles would like to operate and hold events during the sixty (60) days and
suggested Mr. Robles be in contact and provide reports to Mr. Ogle. Mr. Garcia suggested Mr.
Robles have a neighborhood meeting to get suggestions and ideas from the neighbors.
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Commissioner Kirkmeyer again thanked the law enforcement for their service and apologized
to the neighbors. She explained it is the Board's responsibility to ensure the safety and health of
Weld County citizens; furthermore, no one should be allowed to make their neighbors feel unsafe.
She stated Mr. Robles has not complied with the hours of operation, because he held an event in
March, 2018. Commissioner Kirkmeyer stated Mr. Robles has not provided written evidence of
an approved Emergency Action and Safety Plan, and has not submitted anything from the Hudson
Fire Protection District. The Emergency Action and Safety Plan was done 2017, but was
submitted late. She stated Mr. Robles has endangered the lives of people attending the events,
law enforcement and his neighbors, he is disrespectful and doesn't assist law enforcement with
shutting down events; therefore, she would like to revoke the USR permit. Chair Moreno agreed
there is disregard for the neighbors and law enforcement. He stated Mr. Robles should have
reached out to his neighbors sooner.
Commissioner Freeman stated it is important to give people a chance to correct things;
however, he doesn't believe that Mr. Robles will be able to correct the issues. He holds events
where more than 350 people attend without the proper permit and he operates outside the hours
of operations. Commissioner Freeman stated he supports personal property right,s but doesn't
feel this can be fixed. Commissioner Conway stated there was an assault that occurred seven (7)
days before the USR application was submitted. He read through the incident report and stated it
is shocking and concerning. Commissioner Conway stated the neighbors do not feel safe and
when they address Mr. Robles and he treats them cavalier. He stated private property rights
should not interfere with the neighbors' personal rights, and he doesn't have the confidence that
Mr. Robles will adhere to and respect the rules. Commissioner Cozad concurred with her fellow
Commissioners and stated this isn't a one-time occurrence. She stated building permits were
applied for but Mr. Robles never had a follow-up inspection. She stated these events have taken
law enforcements' time from other citizens and public safety has been infringed on. She stated
the law has not been followed, the amount of trash is evidence there is a lot of alcohol at the
events, and there are concerns with the safety of the children on the property. Commissioner
Cozad stated if there was a continuance she believes the same concerns would occur. She stated
law enforcement has been on the property outside the hours of operation timelines, it is obvious
waste is not being disposed of properly and she stated she is in support of revoking the USR
permit.
El Commissioner Kirkmeyer moved to revoke Use by Special Review Permit, USR15-0051,
for an Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including commercial rodeo arenas
and commercial roping arenas, to include an outdoor arena in the A (Agricultural) Zone District,
based on the evidence presented by the Planning staff and Sheriff's Office, and the findings
previously stated. The motion was seconded by Commissioner Cozad, and it carried
unanimously. Commissioner Conway thanked the neighbors and expressed his hope that this
action will help them find peace, and he thanked law enforcement for serving the citizens of Weld
County. There being no further discussion, the hearing was completed at 1:01 p.m.
This Certification was approved on the 20th day of June 2018.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddeAdA) �• J'CLto;ok,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
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County A ttorney
Date of signature: 7401-4?
Ste Moreno, Chair
arbara Kirkm r, Pro -Tern
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Julie A. Cozad
Mike Freeman
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