HomeMy WebLinkAbout20080085.tiff HEARING CERTIFICATION
DOCKET NO. 2007-82.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1617
FOR AN OIL AND GAS SUPPORT FACILITY(COMMERCIAL WATER TAP USED BY OIL
AND GAS SPECIFIC EQUIPMENT AND TRANSPORTATION VEHICLES TO SERVICE
OFF-SITE OIL AND GAS OPERATIONS) IN THE A(AGRICULTURAL)ZONE DISTRICT-
JAMES WARNER, C/O RYAN WARNER
A public hearing was conducted on January 16, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 21, 2007, and duly published
September 26, 2007, in the Fort Lupton Press, a public hearing was conducted on October 10,
2007, to consider the request of James Warner, do Ryan Warner,for a Site Specific Development
Plan and Use by Special Review Permit #1617 for an Oil and Gas Support Facility (commercial
water tap used by oil and gas specific equipment and transportation vehicles to service off-site oil
and gas operations) in the A (Agricultural) Zone District. At said hearing, at the request of the
applicant, the Board deemed it advisable to continue the matter to January 16, 2008. On
January 16, 2008, Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chris
Gathman, Department of Planning Services, indicated the applicant is not present; therefore, he
requested the hearing be recessed until the end of the following hearing. Chair Jerke issued a
recess, and indicated the case will be heard upon conclusion of the hearing for Use by Special
Review Permit#1546.
Upon reconvening, Mr. Gathman stated he was able to speak with Ryan Warner, the applicant's
representative,and Mr. Warner indicated he was not aware that he had to attend the hearing today.
Mr. Gathman stated he explained to Mr. Warner that the applicant or a representative must attend
the public hearing, and Mr. Warner indicated he will be represented by an attorney. Chair Jerke
indicated it is apparent that the applicant will not be present at the hearing today, therefore, the
Board will need to continue the matter. He expressed his apologies to the members of the
audience who came to provide testimony, and stated the Board must allow the applicant to present
the case. In response to Chair Jerke, Ms. Giauque stated the case has been continued several
times, and she recommended the matter not be continued any longer than one week.
Mr. Gathman explained the previous continuance was granted at the applicant's request, in order
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HEARING CERTIFICATION - JAMES WARNER(USR#1617)
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to have a full quorum of the Board present. He further stated the matter has been formally noticed,
and he posted signs on the property with the new hearing date. Chair Jerke indicated any
members of the audience which will not be able to attend a future hearing may provide testimony
at today's hearing, since all five Commissioners are present. Commissioner Rademacher
recommended that the Board set a date for the continuance before allowing members of the
audience to provide testimony. Chair Jerke requested Mr. Gathman to provide notice of the
continued hearing date to the applicant, and to the applicant's attorney, so that there is not a
misunderstanding of the future hearing date.
Commissioner Masden moved to continue the request of James Warner, c/o Ryan Warner, for a
Site Specific Development Plan and Use by Special Review Permit #1617 for an Oil and Gas
Support Facility(commercial water tap used by oil and gas specific equipment and transportation
vehicles to service off-site oil and gas operations) in the A (Agricultural) Zone District, to
February 6, 2008, at 10:00 a.m. In response to Chair Jerke, Ms. VanEgdom confirmed all five
Commissioners are scheduled to be present on February 6, 2008. Chair Jerke indicated any
audience member who cannot provide testimony on February 6, 2008, may provide testimony at
today's hearing.
Roger Kenny, surrounding property owner, expressed his frustration regarding the applicant's
statement that he was not aware that his presence was required at a public hearing. He indicated
he will attend the February 6, 2008 hearing; however, he expressed his frustration regarding the
continuation of the matter and stated it is unfair to the surrounding property owners who have
rearranged their schedules to attend two hearings. He indicated he has had concerns with the
applicant for over five years, and he requested to collect the exhibits he previously submitted, in
order to create a PowerPoint presentation. In response to Chair Jerke, Mr. Kenny indicated he was
instructed at the Planning Commission that the documents must remain with the file. Chair Jerke
confirmed since the exhibits were submitted into the record as evidence,they must remain with the
Clerk as a part of the file.
Commissioner Rademacher seconded the motion to continue the matter to February 6, 2008, at
10:00 a.m. Upon request for a roll-call vote, the motion carried four to one, with Commissioner
Garcia opposed.
Commissioner Masden indicated he will not support another continuance of this matter, and the
Board will hear the matter on February 6, 2008, irregardless of the circumstances. He stated the
neighbors have been inconvenienced too many times, and he expressed his apologies to the
neighbors. In response to Commissioner Rademacher, Chair Jerke indicated if a full quorum of
the Board is not present on February 6, 2008, the applicant will have the option of requesting a
continuance of the matter. Chair Jerke encouraged the Board to not schedule any plans for that
date, in order to attend the hearing, so that the matter may be heard. There being no further
discussion, the hearing was completed at 11:40 a.m.
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HEARING CERTIFICATION - JAMES WARNER (USR #1617)
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This Certification was approved on the 21st day of January 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gjii(� `-`~J �1_
". i . m H. Jerke, Chair
Weld County Clerk to the Eciare.,
E.11.
ler
/a�� Robe. Ma en, Pro-Tern
BY:
De y C o the Board
Willis F. Garcia
J (J
David E. Long
ouglas ademacher
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