HomeMy WebLinkAbout20081628.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING APPEAL OF PLANNING COMMISSION
DENIAL OF USE BY SPECIAL REVIEW#1629 FOR A MAJOR FACILITY OF A PUBLIC
UTILITY OR PUBLIC AGENCY - A. DALE SLATER TRUST B / UNITED POWER, INC.
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 January 15,2008, in accordance with Chapter 23 of the Weld County Code,
the Weld County Planning Commission voted to deny the application of A. Dale Slater Trust B,
Attn: Nancy Slater, 13433 County Road 7, Longmont, Colorado 80504 / United Power, Inc.,
500 Cooperative Way, P.O. Box 929, Brighton, Colorado 80603, for a Site Specific Development
Plan and Use by Special Review Permit #1629 for a Major Facility of a Public Utility or Public
Agency(electrical substation), subject to the provisions of Section 23-4-420, in the A(Agricultural)
Zone District, on the following described real estate, to-wit:
SE1/4 of Section 28, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, on March 14, 2008, United Power submitted an appeal of the Planning
Commission's findings, pursuant to Section 2-4-10 of the Weld County Code, and
WHEREAS, on March 24, 2008, the Board of County Commissioners deemed it advisable
to schedule a public hearing on April 23, 2008, at 9:00 a.m., for the purpose of receiving oral
argument and considering said appeal.
WHEREAS, on April 21, 2008, the Board of County Commissioners deemed it advisable
to vacate the hearing scheduled for April 23, 2008, and reset the matter for May 14, 2008, to allow
additional time to obtain a transcript of the January 15, 2008, Planning Commission hearing, and
WHEREAS, on April 30, 2008, the Board of County Commissioners deemed it advisable
to vacate the hearing scheduled for May 14, 2008, and reset the matter for May 21, 2008, due to
scheduling conflicts and to allow additional time to obtain a transcript of the January 15, 2008,
Planning Commission hearing, and
WHEREAS, at said hearing on May 21, 2008, due to a tie vote, the Board deemed it
advisable to continue the matter to June 4, 2008, to allow adequate time for Commissioner Jerke
to review the written and recorded testimony and vote to determine whether the appeal hearing
should be allowed, and
WHEREAS, on June 4, 2008, based on the determining vote of Commissioner Jerke, the
Board deemed it advisable to accept jurisdiction for consideration of such appeal; however, instead
of limiting said appeal to a review of the record of the Planning Commission hearing of January 15,
2008, only, the Board decided that it desires to review all information presented by the appellant
and members of the public, both written and oral testimony, as well as considering the record in
its entirety, which also allows for the submittal of new evidence, thereby conducting said hearing
"de-novo."
2008-1628
r� .' f'L4 /* Art_, n'c�f' � P/D •63)g'
APPEAL OF PLANNING COMMISSION DENIAL OF USE BY SPECIAL REVIEW #1629 FOR A
MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY - A. DALE SLATER TRUST B
/ UNITED POWER, INC.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the jurisdiction to consider the appeal of A. Dale Slater Trust B / United
Power, Inc., concerning the Weld County Planning Commission Denial of a Site Specific
Development Plan and Use by Special Review Permit#1629 for a Major Facility of a Public Utility
or Public Agency(electrical substation), subject to the provisions of Section 23-4-420 of the Weld
County Code, in the A (Agricultural) Zone District, be, and hereby is, accepted.
BE IT FURTHER RESOLVED that a hearing date is scheduled for June 25, 2008,
at 10:00 a.m., to review of all information presented by the appellant and members of the public,
both written and oral testimony, as well as consider the record in its entirety, which also allows for
the submittal of new evidence, thereby conducting said hearing "de-novo."
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: iite, l/ `C``, ;' L ,, �. / 7_�.,/
Wi\m H. Jerke, Chair
eNCWeld County Clerk to 'ga.;�.„n..- ��
%4I a ,� 1 Robert sd_en', Pro-Tem
Deputy Clerk to the B: •_.
W' ' m F. Garcia
Ail-PROVED- RM: C Gv,,, F4
i. David E. Long
ceunty Attorney EXCUSED
/ ,
Douglas Rademacher
Date of signature: /-/cY
2008-1628
PL1963
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