HomeMy WebLinkAbout20103046.tiff HEARING CERTIFICATION
DOCKET NO. 2010-52.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1758 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(ROUST-A-BOUT AND EXCAVATING SERVICES) IN THE A (AGRICULTURAL) ZONE
DISTRICT-JAVIER BARRON-SIXTOS
A public hearing was conducted on December 22, 2010, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
The following business was transacted:
I hereby certify that pursuant to a notice dated October 15, 2010, and duly published
October 20, 2010, in the Fort Lupton Press, a public hearing was conducted on November 17,
2010, to consider the request of Javier Barron-Sixtos, for a Site Specific Development Plan and
Use by Special Review Permit #1758 for an Oil and Gas Support and Service Facility
(roust-a-bout and excavating services) in the A (Agricultural) Zone District. At said hearing, the
Board deemed it advisable to continue the matter to December 22, 2010, since the Planning
Commission hearing was continued from November 2, 2010, to December 7, 2010. At said
hearing on December 22, 2010, Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised the applicant's representative, Rosalinda Barron, that she has the
option of continuing the matter to a date when the full Board will be present. However, if she
decides to proceed today, the matter will require three affirmative votes, or in the case of a tie
vote, Commissioner Garcia will review the record and make the determining vote. Ms. Barron
indicated she would like to proceed today.
In response to Chair Rademacher, Ms. Barron indicated her father, Javier Barron-Sixtos,
applicant, has experienced an emergency within the family and cannot be present at today's
hearing, therefore, she is acting as his representative. Responding to Commissioner Kirkmeyer,
Mr. Barker confirmed the file does not indicate Mr. Barron-Sixtos has an authorized
representative. Ms. Barron clarified her father requested that she attend today's hearing in his
place, and agree to whatever action was necessary to gain approval of the USR permit. Mr.
Barker expressed his concern regarding the situation and clarified the file needs to contain
written authorization for Ms. Barron to act as a representative for this case. In response to
Commissioner Conway, Ms. Barron indicated she does not believe this is a time-sensitive
matter, and concurred it would be acceptable to continue the case to another date, if necessary.
Mr. Ogle clarified the matter is somewhat time-sensitive, as this property has previously had
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HEARING CERTIFICATION -JAVIER BARRON-SIXTOS (USR-1758)
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court hearings regarding the violation on the property, and it was his recollection that a previous
hearing was continued due to a death in the family as well. He confirmed he has never met
Mr. Sixtos-Barron in person. Chair Rademacher indicated it is appropriate for the Board to
order a continuance of the matter, since the matter cannot proceed without the appropriate
authorization. Mr. Barker concurred he recommends a continuance of the matter; however, the
record should reflect that this is the second time that the matter has been continued on the
basis of the applicant not being present on the hearing date. He instructed Ms. Barron to
explain to Mr. Barron-Sixtos that he must be present for the next hearing date, or, he must
provide the proper authorization form before that date so that Ms. Barron may provide proper
representation. He clarified if no one is present to provide representation at the next hearing,
the matter may be considered by the Board without anyone present, and could potentially be
denied. In response to Commissioner Conway, Mr. Barker confirmed an authorization form has
been created by the Department of Planning Services, and must be filled out and signed by
Mr. Barron-Sixtos, if he wishes for his daughter to provide representation at the next hearing. In
response to Chair Rademacher, the Acting Clerk to the Board indicated the next available
continuance date is January 5, 2011, at 10:00 a.m., at which time all five Commissioners are
expected to be in attendance.
Commissioner Long explained to Ms. Barron that it is within the best interest of her father to be
present at the next hearing date since it is possible that some of the requirements may be
modified during the hearing. He confirmed potential modifications may not be fully understood,
and could negatively impact the business. He explained Mr. Barron-Sixtos is the one who is
ultimately responsible for the care of the property, including the implementation of the USR
permit, and the Board wants to make sure he is afforded the opportunity to understand the
requirements associated with the USR permit. In response to Chair Rademacher, Ms. Barron
indicated she understood the instruction given regarding the need for her father to be present,
or sign an authorization form, designating her as a representative for the property.
No public testimony was offered concerning this matter.
Commissioner Conway moved to continue the request of Javier Barron-Sixtos for a Site Specific
Development Plan and Use by Special Review Permit #1758 for an Oil and Gas Support and
Service Facility (roust-a-bout and excavating services) in the A (Agricultural) Zone District, to
January 5, 2011, at 10:00 a.m. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously. There being no further discussion, the hearing was completed at
10:20 a.m.
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HEARING CERTIFICATION -JAVIER BARRON-SIXTOS (USR-1758)
PAGE 3
This Certification was approved on the 29th day of December, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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EXCUSED
Willie n F. Garcia
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David E. Long
2010-3046
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