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Home My WebLink About20181659.tiffRESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-0011, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR15-0051 - GABRIEL AND VELIA ROBLES 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, on the 23rd day of May, 2018, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Gabriel and Velia Robles, 4810 Mount Princeton Street, Brighton, Colorado 80601, were in compliance with certain Conditions of Approval and Development Standards contained in 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, and WHEREAS, the alleged violations were said to be occurring on property described as Lot B of Recorded Exemption, RE -3913; being part of the NE1/4 of Section 20, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, after hearing testimony from the Department of Planning Services and the Sheriff's Office, the Board finds that pursuant to the procedure as set forth in Chapter 2, Administration, of the Weld County Code, there 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 finds probable cause based on the inclusion of evidence in the record which tends to demonstrate the following facts: the property owner has held multiple events on the property with greater than 350 people on site without first obtaining a temporary assembly permit, which was admitted by the property owner; the property owner has held multiple events outside the months of May -October, with at least one event held as recently as April of 2018; attendees to the events sometimes don't leave the property until after 7:00 p.m.; attendees to events on site have been observed driving carelessly and recklessly, and have trespassed onto neighboring properties; the property owner has yet to provide the County with a copy of the Emergency Action Plan updated for 2018; photographs taken by Weld County Sheriff Deputy Neugebauer were entered into the record showing substantial amounts of trash, debris, and beer cans on the ground at the site; Deputy Neugebauer was dispatched, along with multiple other law enforcement agencies to the site, on report of a fight involving weapons; and law enforcement has been called to the property during events on at least two occasions; 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, USR15-0051, issued to Gabriel and Velia Robles, should be revoked. 2018-1659 PL2384 PLC tco(m rn -rP), Pcv C EP/ HO), E H ( BriLL) , c ca.11), er6CF,G/T3'/SF), GI.PPL. ©s/at-1 i t SET SHOW CAUSE - GABRIEL AND VELIA ROBLES (USR15-0051) PAGE 2 BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be June 18, 2018, at or about 9:00 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 Development Standards: 3. The hours of operation are 12:00 p.m. - 7:00 p.m., Saturday and Sunday, May through October, as stated by the applicant(s). 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 12. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 13. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year, signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 23. The maximum number of persons on -site for any event is limited to 350 persons as stated in the application. If there is a desire to have more than 350 persons on this site at any one time, the property owner or operator shall first obtain an approved Temporary Assembly Permit pursuant to Chapter 12, Article I, of the Weld County Code. 26. 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. 2018-1659 PL2384 SET SHOW CAUSE - GABRIEL ROBLES (USR15-0051) PAGE 3 27. 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 23rd day of May, A.D., 2018. ATTEST: dleth,N)jClto;eA Weld County Clerk to the Board BY: Deputy Clerk to the B APPROVED AS TO FO Awl- County Attorney Date of signature: 05-aL-i-18 BOARD OF COUNTY COMMISSIONERS WELD DCQUNTY, COLORADO Steve Barbara Kirkmeyer, Pro -Tern Sean P. Conway Cozad Mike Freeman 2018-1659 PL2384 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: kogle@co.weld.co.us Phone: (970) 400-3549 Fax: (970) 304-6498 PROBABLE CAUSE MEMORANDUM PCSC18-0011 To: Weld County Board of County Commissioners Hearing Date: May 23, 2018 From: Kim Ogle, Department of Planning Services Subject: Lienzo Rancho Los Alamos Facility — Non -Compliance with Development Standards Owner: Gabriel Robles 4810 Mount Princeton Street, Brighton, CO 80601-6503 Legal Description: Location: Parcel Size: Lot B Recorded Exemption RE -3913 being part of the NE4 of Section 20, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Approximately 0.5 miles north of County Road 6; West of and adjacent to County Road 41 +/- 47.26 acres Parcel Number: 1473-20-1-00-068 Zone District: A (Agricultural) Pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code, a Probable Cause public hearing is requested before the Board of County Commissioners. The Lienzo Rancho Los Alamos Facility, located at 2725 County Road 41, is not in compliance with 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 approved by Board of County Commissioner Resolution on December 16, 2015. The Weld County Department of Planning Services has received notification from the Weld County Sheriff's office of an event held on April 7, 2018 without first obtaining the. Temporary Assembly Permit from Weld County. This is the second citation that you have received for holding an event with greater than 350 persons in attendance without first obtaining the Temporary Assembly Permit from Weld County. In 2017 the Weld County Sheriff stated I've reviewed call history at this specific address. There are 6 calls for service dating back to 2015. Of note, one of them involves a death where a male fell off a horse. Another the reporting party advises of a person there with a gun. It does not appear there have been any reports pertaining to violations related to permits. As I mentioned before Gabriel was cited for the first time this week. From what I can gather no one has complained in the past. I've instructed the residents in the area to call if they have issues. Earlier this week, 07/29/17 deputies responded out to 2725 WCR 41 on a loud party. The person there, Gabriel Robles, had a permit issued by the County to have a rodeo. My understanding is that he was permitted for around 300-350 people. We found there to be an estimated 1500-2000 people in attendance. Additionally, we received reports from other residents in the area on WCR 41 that each time he holds these events they have nothing but problems with people parking in and blocking their PCSC18-0011 Memo I Lienzo Rancho Los Alamos Page 1 2Q/B- ��Sq driveways. reckless driving behavior on the roads, and littering issues. While were out there I spotted at least 3 puddles where people had urinated on the roadside, several broken beer bottles, and other pieces of litter. Most of the home owners had picked up the mess themselves. Additionally, later that evening we responded out to a fight involving weapons. Reports were done in both incidents and Gabriel received summons for violating his permit provisions. I wanted to give you guys a heads up that we had these issues and maybe Gabriel or the address can be flagged in the future when he applies for a permit. On April 7, 2018, Weld County Sheriff SGT P. Jones provided information in reference to the issues at the p ropert y at 2725 WCR 41 the Rodeo event Gabriel Robles was contacted at the event and he did not have his copy of the event permit on scene. Several deputies and officers responded with lights and sirens to this events several times today putting people's lives in jeopardy. Report #18W012411 was completed to document one the several 911 calls from today. Photos were included so you could see the extent of the alcohol being used there and the amount of trash they leave. According to deputies that responded to the address several times there were well over the 350 person limit with only 6 security guards that could not control the event so the WCSO was called several times. WCSO was called to the address or area for disturbance calls, fight calls. excessive noise complaints and traffic complaints over 6 times just on 04/07/2018. I personally have been to this address and area several times over the past few years for similar calls at this `rodeo". I have been told that it egal gambling. narcotics sales, narcotics use. excessive alcohol consumption and several guns have been seen at the events. Last year I personally responded to two separate calls at this location where someone had a gun pulled on them. I would recommend that no future permits be allowed issued for that address or for Gabriel Robles. If you have any questions please feel free to contact me. SGT Jones PCSC 18-0011 Memo J Lienzo Rancho Los Alamos Page 2 Development Standard #3 of USR15-0051 states The hours of operation are 12:00 p.m. - 7:00 p.m. Saturday and Sunday, May through October as stated by the applicant(s). Development Standard #6 of USR15-0051 states: All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30- 20-100. 5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Development Standard #7 of USR15-0051 states: No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended Development Standard #8 of USR15-0051 states: Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. Development Standard #12 of USR15-0051 states: The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code Development Standard #23 of USR15-0051 states The maximum number of persons on site for any event is limited to 350 persons as stated in the application Development Standard #26 of USR15-0051 states: 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. Development Standard #27 of USR15-0051 states: 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. Please note that at the hearing the Board may consider any evidence it deems relevant and find probable cause for violations of other conditions, notes, and development standards not listed above In the interim period, the Department of Planning Services, requests the Board of County Commissioners to review the operation of USR15-0015 and Development Standards #3, 7, 8, 12, 23, 26 and 27. Mr. Robles representative for Lienzo Rancho Los Alamos was notified of the Probable Cause hearing in letter dated May 9, 2018. If the Board determines that the outdoor rodeo facility permitted under USR15-0051 is not in compliance with the current permit at the public hearing and that there is probable cause that Mr. Robles representative for Lienzo Rancho Los Alamos the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Regards PCSC18-0011 Memo ( Lienzo Rancho Los Alamos Page 4 Km Ogle Planner PCSC18-0011 Memo I Lienzo Rancho Los Alamos Page 5 From: Gabriel Robles [mailto:grobles@coranchers.com] Sent: Tuesday, May 22, 2018 2:30 PM To: Kim Ogle <kogle@weldgov.com> Subject: RE: DRAFT RESOLUTION - BOARD OF COUNTY COMMISSIONERS Hi Kim; Do to the importance I'm in the need of asking the board for some time for this hearing, said a week or two, as I'm reaching out for some legal counseling but no one can assist me with such of short notice. Please let me know today, other ways I will be going to Greeley tomorrow to ask for an extension of the hearing. Thank you best regards Gabriel Robles. C pesinc . To provide our customers with superior quality products, service and value. GABRIEL ROBLES AMO MI TRABAJO!!! grobles@coranchers.com Colorado Ranchers, Inc. 10705 E. 51st Ave Denver, CO 80239 Phone:(303) 316-4251 Fax: (303) 316-4249 Web: www.quesocampesino.com *"* Attention Customers: Starting on September 4th you will receive * emails from @coranchers.com, same great service and products, but new email! Hello