HomeMy WebLinkAbout20081266.tiff RESOLUTION
RE: SECOND AMENDMENT TO SETTING OF HEARING DATE, SETTING OF BRIEFING
SCHEDULE, AND ESTABLISHMENT OF CRITERIA FOR 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, and
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, by and through Resolution #2008-0914, the Board set a public hearing on
April 23, 2008, at 9:00 a.m., for the purpose of taking oral argument and considering said appeal,
with an accompanying briefing schedule, and
WHEREAS, the completion of the transcription of proceedings before the Planning
Commission on January 15,2008, has been delayed and, as a result,the hearing date and briefing
schedule set in Resolution #2008-1157 must be modified, and
WHEREAS, the Board of County Commissioners now deems it advisable to amend its
hearing selling and briefing schedule, and to establish the criteria for the appeal so as to assist the
parties in their briefing and preparation for said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a public hearing to take oral argument and to consider the appeal of the
Planning Commission's 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, in the A(Agricultural)Zone District,for A. Dale Slater Trust B
/ United Power, Inc., be, and hereby is, scheduled for May 21, 2008, at 9:00 a.m., and that the
hearing originally set for May 14, 2008, be, and hereby is, vacated.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
ordered to obtain a transcript of the proceedings before the Planning Commission on January 15,
2008, and to include it in a complete record of the case being certified by the Clerk no later than
May 1, 2008.
2008-1266
PL1963
eP `, FL, 1-PPL- oslo /08'
RE: SECOND AMENDMENT TO SETTING OF HEARING DATE, SETTING OF BRIEFING
SCHEDULE,AND ESTABLISHMENT OF CRITERIA FOR APPEAL OF PLANNING COMMISSION
DENIAL OF USR#1629 -A. DALE SLATER TRUST B / UNITED POWER, INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
ordered to send notice of said May 21, 2008, hearing to those persons who previously received
notice of the January 15, 2008, Planning Commission hearing.
BE IT FURTHER RESOLVED by the Board that United Power, Inc.,shall have to,and until,
May 7, 2008, in which to file its brief in the appeal; any persons wishing to respond, in writing, to
the United Power, Inc., brief shall then have to, and until, May 13, 2008, to file such response; and
United Power, Inc., shall then have to, and until, May 16, 2008, in which to file a reply to any
responses thus filed.
BE IT FURTHER RESOLVED by the Board that the criteria for the Board to determine
whether or not it should grant the appeal shall be whether the Planning Commission exceeded its
jurisdiction or abused its discretion in denying the 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, for
A. Dale Slater Trust B/ United Power, Inc.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
'`� • -,�,®II//Q/'� �,/ j / v;D COUNTY, COLORADO
ATTEST: ,� =t SED
r iii o1 i . Jerke, Chair
Weld County Clerk to the Boar '≥•� fir_
�t.ert D. seen, Pro-Tern
BY: ,10 L20 G�( 'dal. ��� tl
Deep ty CI to the Board '
W' isell" F. Garcia
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APPROVED AS TO FORM: )� e
A David E. Long
/ y aV9419
nt At me 7J fra, 4S2 .A.,....-
Doug I Rademach
Date of signature: SISICS
2008-1266
PL1963
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