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HomeMy WebLinkAbout20081001.tiff • NOTICE The Board of County Commissioners of Weld County, Colorado, on July 16, 2008, conditionally approved a Site Specific Development Plan and Use by Special Review Permit#1629 for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., for a period of three years. DOCKET#: 2008-31.B APPLICANT: A. Dale Slater Trust B United Power, Inc. 13433 County Road 7 500 Cooperative Way Longmont, Colorado 80504 P.O. Box 929 Brighton, Colorado 80603 LEGAL DESCRIPTION: SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: 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 SIZE OF PARCEL: 7.67 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 8, 2008 PUBLISHED: August 15, 2008, in the Greeley Tribune • Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy,(days): that the notice was published in the regular and entire issue of every number of said newspaper during the period Friday,Aug 15, 2008 and time of publication of said notice, and in the newspaper NOTICE proper and not in a supplement thereof; that the first publication of said notice was contained in the,issue of the said newspaper- The Board of County Commissioners of Weld County,Colorado, date the Fifteenth day of August AD. on J bearing 'July 16,2008,conditionally approved a Site Specific Devel- cement Plan and.Use by Special Review Permit 01629 for the 2008, and the last publication thereof: in the issue of said property and purpose described below. Conditional approval of this plan creates a vested property tight pursuant to Artlde 68 of newspaper bearing date the Fifteenth day of August AD. Title 24,C.R.S,for a period of three years. 2008; that said The Tribune has been published continuously DOCKET4: 2008-31.6 and uninterruptedly during the period of at least six months next APPLICANT: prior to the first issue there of contained said notice or A.Dale Slater Trust B advertisement above referred to; that said newspaper has been 13433 County Road 7 Longmont,Co,Colorado 80504 admitted to the United States mails as second-class matter under 1 the provisions of the Act of March 3, 1879, or any amendments United Power,Inc 500 Cooperative Way thereof; and that said newspaper is a daily newspaper duly P.O.Box 929 qualified for publishing legal notices and advertisements within P.O. o Colorado 80603 g the meaning of the laws of the State of Colorado. LEGAL DESCRIPTION: SE1/4 of Section 28,Township 3 North, Range 68 West of the 6th P.M..Weld County,Colorado TYPE AND INTENSITY OF APPROVED USE:For a Major Fa- cilityAugust15, 2008 of a Public Utility or Public Agency(electrical substation), subject to the provisions of Section 234-420,in the A(Agricul- tural)Zone District SIZE OF PARCEL:7.67 acres,more or less Failuret to abide by the event and operlyi Charges: $19.59 ge of approval will re- Total suit in a forfeiture of the vested properly right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED:August 8,2008 The Tribune August 15.2008 Advertising Clerk 15th day of August, 2008 My Commission Expires 02/14/2011 Notary Public • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2008-31.B DATE: July 16, 2008 (Con't from 06/25/2008) TIME: 10:00 a.m. APPLICANT: A. Dale Slater Trust B United Power, Inc. • 13433 County Road 7 500 Cooperative Way Longmont, Colorado 80504 P.O. Box 929 Brighton, Colorado 80603 REQUEST: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 LEGAL DESCRIPTION: SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 28,and west of and adjacent to County Road 7 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 27, 2008 PUBLISHED: July 4, 2008, in the Greeley Tribune EXHIBIT • l41 use accS-loo/ Affidavit of Publication • STATE OF COLORADO 55. County of Weld, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE NOTICE • that the same is a daily newspaper of general circulation and Pursuant to the zoning lave of the SW#dcaor.do end the printed and published in the City of Greeley, in said county and Weld County Code,e public headng will be held In the Chem- state; that the notice or advertisement, of which the annexed is a bars of the Board of County Commissioners of Weld County, true copy,(days): that the notice was published in the regular and Colorado,Weld County Centennial Center,91510th Street,First y )' g Floor,Greeley,Colorado 80631,at the time specified. entire issue of every number of said newspaper during the period H a court reporter is desired,please advise the Clerk to the Board,in writing,at least five days prior to the hearing. The cost and time of publication of said notice, and in the newspaper of engaging a court reporter shall be bone by the requesting and not in a supplement thereof; that the first publication party. In accordance with the Americans with Disabilities Act,H proper pP special accommodations are required in order for you to partici- of said notice was contained in the, issue of the said newspaper- ate in this hearing,please contact the Clerk to the Board's Of- fice at(970)336-]215,Extension 4226,prior to the day of the bearing date the Fourth day of July hearing. The complete case file may be examined In the office of the AD. 2008 and the last publication thereof: in the issue of said Clerk to the Board of County Commissioners,Weld Count newspaper bearing date the Fourth day of July Centennial Center,915 10th Street,Third Floor,Greeley,Colo- redo 80631. E-Mail messages sent to an individual Commis- AD. 2008 that said The Tribune has been published sioner may not be included in the case file. To ensure Inclu- sloeofyourE-Mall correspondence Into the case flea please continuously and uninterruptedly during the period of at least six send a copy to egeslck@co.weld.co.us. months next prior to the first issue thereof contained said notice DOCKET#: 2008-31.6 or advertisement above referred to; that said newspaper has been DATE: July 16,2008(Con't from 06125/2008) TIME: 10:00 a.m. admitted to the United States mails as second-class matter under APPLICANT: the provisions of the Act of March 3, 1879, or any amendments A.Dale Slater Trust B 3433 cuntyRoad] thereof; and that said newspaper is a daily newspaper duly Longmont, • Coloedo80504 qualified for publishing legal notices and advertisements within United Power,Inc. the meaning of the laws of the State of Colorado. 500 Cooperative Way P.O.Box 929 Brighton,Colorado 80603 REQUEST:A Site Specific Development Plan and Use by Spe- cial Review Permit#1629 for a Major Facility of a Public Utility or Public Agency(electrical substation),subject to the provisions of Section 23-0-020,in the A(Agricultural)Zone District LEGAL DESCRIPTION:SE1/4 of Section 28,Township 3 North, Range 68 West of the 6th P.M.,Weld County,Colorado Total Charges: $41.30 LOCATION:North of and adjacent to County Road 28,and west of and adjacent to County Road 7(See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED:June 27,2008 The Tribune July 4,2008 0.11/4 p�2� Advertising Clerk 4th day of July 2008 My Commission Expires 6/14/2009 Ldift. Notary Public S • CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #2008-31.B, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 27th day of June, 2008. C/O NANCY, BARBARA, AND ELMER HERGENREDER JENNIFER SLATER AND BETTY J. HERGENREDER A. DALE SLATER TRUST B FAMILY TRUST 13433CR7 2130CR28 LONGMONT CO 80504 LONGMONT CO 80504 BARBARA SLATER KITELEY FARMS LTD PO BOX 2316 13844 CR 7 HOMER AK 99603-2316 LONGMONT CO 80504 ATTN JASON MAXEY JEROME AND DIANE KULM UNITED POWER INC 13522 CR 7 500 COOPERATIVE WAY LONGMONT CO 80504 PO BOX 929 BRIGHTON CO 80601 LIBERTY RANCH HOMEOWNERS • ASSOCIATION INC ATTN MARK A. MEYER, ESQ. 390 INTERLOCKEN CRESCENT #500 ROTHGERBER JOHNSON AND BROOMFIELD CO 80021-8041 LYONS LLP 1200 17TH ST STE 3000 MEAD CROSSING LLC DENVER CO 80202 1200 17TH ST #850 DENVER CO 80202-5835 ATTN: DAVID WM. FOSTER CO-MANAGING PARTNER C/O GEORGE MCELROY AND FOSTER GRAHAM MILSTEIN MILLER ACCOCIATES INC CALISHER LLP MIDWEST HERITAGE INN OF VISALIA 621 17TH ST, 19TH FLR INC DENVER CO 80293 AND MIDWEST HERITAGE INN OF DEPTFORD INC CENTEX HOMES 3131 S VAUGHN WAY STE 301 10333 E DRY CREEK RD #300 AURORA CO 80014 ENGLEWOOD CO 80112 QUALLS INVESTMENT CO C/O GEORGE MCELROY AND 2031 CR 28 ASSOCIATES INC LONGMONT CO 80501 CENTEX HOMES 3131 S VAUGHN WAY#301 MYRA SILENGO • AURORA CO 80014 2498 ST HWY 66 LONGMONT CO 80504 CERTIFICATE OF MAILING -A. DALE SLATER TRUST B (USR#1629) • PAGE 2 ENCANA ENERGY RESOURCES INC 370 17TH ST#1700 DENVER CO 80202 Deputy Clerk to the Board • • • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2008-31.B DATE: June 25, 2008 TIME: 10:00 a.m. APPLICANT: A. Dale Slater Trust B United Power, Inc. 13433 County Road 7 500 Cooperative Way • Longmont, Colorado 80504 P.O. Box 929 Brighton, Colorado 80603 REQUEST:A Site Specific Development Plan and Use by Special Review Permit#1629 fora 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 LEGAL DESCRIPTION: SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 28, and west of and adjacent to County Road 7 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 6, 2008 PUBLISHED: June 13, 2008, in the Greeley Tribune EXHIBIT y ?poi-/ooi Affidavit of Publication • STATE OF COLORADO ss. County of Weld, I, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE that the same is a daily newspaper of general circulation and NOTICE printed and published in the City of Greeley, in said county and Pursuant to the zoning laws a the stale of Colorado and the state; that the notice or advertisement, of which the annexed is a Weld County Code,a public heating will be held In the Cham- bersofthe Board of County Commwelon of Weld Count', true copy,(days): that the notice was published in the regular and em Colorado,Weld County Centennial Center,915 10th Street,First entire issue of every number of said newspaper during the period reporter Is desired, leaseado 8advisetheI t the time to the Boardied.II ein�wot- iFlong,r,Greteyeand time of publication of said notice, and in the newspaper ceurtt t least shall days e ome thetheanng.The cost of engaging a - proper and not in a supplement thereof; that the first publication dance with the Amencans withDisabsAies Acct,i��' alIn accor- modations are required in order forspecial e in thCCs om- of said notice was contained in the,issue of the said newspaper- heanng,please contact the Clerk to you e Boarrds�Office at(970) bearing date the Thirteenth day of 336-7215,Extension 4226,prior to the day of the hearing.The :template case file may be examined in the office of me Clerk to June AD. 2008 and the last publication thereof: in the issue of me Board of County Commissioners,Weld County Centennial said newspaper bearing date the Thirteenth day E-Mail Sseeettoa indd F ual Greeley r not be of June AD. 2008- that said The Greeley Tribune has been Cente masse included in the case file.To ensure inclusion of your E-Mail cor- respondenceimotherasefile,please sends copy to published continuously and uninterruptedly during the period of eoe$IckOeoweld.coma DOCKET#: 2ooeal B at least six months next prior to the first issue thereof contained DATE: June 25,2008 said notice or advertisement above referred to; that said TIME: 10:00 a.m. newspaper has been admitted to the United States mails as AA.DPale Slater Trust B second-class matter under the provisions of the Act of March 3, 13433 County Road 7 Longmont,Colorado 80504 1879, or any amendments thereof; and that said newspaper is a • United Power,Inc. daily newspaper duly qualified for publishing legal notices and 550O0 Cooperative way advertisements within the meaning of the laws of the State of P. Box 929 Brighton,Colorado 80603 Colorado. REQUEST:A Site Specific Development Plan and Use by Spe- cial Review Permit#1629 for a Major Facility of a Public Utlly or Public Agency(electrical substation),subjectto the provisions of Section 23-4-420,in the A LEGAL DESCRIPTION:SE1/4 s of Section District 28,Township 3 Norm, June 13,2008 Range 68 West of the 6th P.M.,Weld County,Colorado LOCATION:North of and adjacent to County Road 28,and west of and adjacent to County Road 7(See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS Total Charges: $26.85 WELD COUNTY,COLORADO DATED:June 6.2008 The Tribune June 13,2008 94 (��1� Advertising Clerk 13th day of June 2008 My Commission Expires 7/28/2008 )7e---7/1--1---c-C- Notary Public • • CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #2008-31.B, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 6th day of June, 2008. CIO NANCY, BARBARA, AND ELMER HERGENREDER JENNIFER SLATER AND BETTY J. HERGENREDER A. DALE SLATER TRUST B FAMILY TRUST 13433 CR 7 2130 CR 28 LONGMONT CO 80504 LONGMONT CO 80504 BARBARA SLATER KITELEY FARMS LTD PO BOX 2316 13844 CR 7 HOMER AK 99603-2316 LONGMONT CO 80504 ATTN JASON MAXEY JEROME AND DIANE KULM UNITED POWER INC 13522 CR 7 500 COOPERATIVE WAY LONGMONT CO 80504 PO BOX 929 BRIGHTON CO 80601 LIBERTY RANCH HOMEOWNERS • ASSOCIATION INC ATTN MARK A. MEYER, ESQ. 390 INTERLOCKEN CRESCENT#500 ROTHGERBER JOHNSON AND BROOMFIELD CO 80021-8041 LYONS LLP 1200 17TH ST STE 3000 MEAD CROSSING LLC DENVER CO 80202 1200 17TH ST #850 DENVER CO 80202-5835 ATTN: DAVID WM. FOSTER CO-MANAGING PARTNER C/O GEORGE MCELROY AND FOSTER GRAHAM MILSTEIN MILLER ACCOCIATES INC CALISHER LLP MIDWEST HERITAGE INN OF VISALIA 621 17TH ST, 19TH FLR INC DENVER CO 80293 AND MIDWEST HERITAGE INN OF DEPTFORD INC CENTEX HOMES 3131 S VAUGHN WAY STE 301 10333 E DRY CREEK RD #300 AURORA CO 80014 ENGLEWOOD CO 80112 QUALLS INVESTMENT CO C/O GEORGE MCELROY AND 2031 CR 28 ASSOCIATES INC LONGMONT CO 80501 CENTEX HOMES 3131 S VAUGHN WAY#301 MYRA SILENGO • AURORA CO 80014 2498 ST HWY 66 LONGMONT CO 80504 CERTIFICATE OF MAILING - A. DALE SLATER TRUST B (USR#1629) PAGE 2 ENCANA ENERGY RESOURCES INC 370 17TH ST #1700 DENVER CO 80202 Mac e Deputy Clerk to the Board • • • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2008-31.A DATE: May 21, 2008 TIME: 9:00 a.m. APPLICANT: A. Dale Slater Trust B United Power, Inc. 13433 County Road 7 500 Cooperative Way • Longmont, Colorado 80504 P.O. Box 929 Brighton, Colorado 80603 REQUEST: Oral arguments for appeal of 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, in the A (Agricultural)Zone District LEGAL DESCRIPTION: SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 28,and west of and adjacent to County Road 7 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 9, 2008 PUBLISHED: May 16, 2008, in the Greeley Tribune EXHIBIT • Ust2 vec ,8-10O/ • 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 setting 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 23-4420,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 • to . APL os/o131O8. • 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 /l ��'> 1E i ���LD COUNTY, COLORADO al/40ATTEST: �; 0 SED 1 I :, _ •' '} . Jerke,l�Chhair� oP• 'Lk_ Weld County Clerk to the Boar 941-t$ C ' e ert D s en, Pro-Tern Dep ty CI= to the Boa Nan F. Garcia APPROVED AS TO FORM: -1 r n ` tyAme a .(, David E. Long A P n 7lfp(,( 4S2 a^ Dougl Rademach Date of signature: JI IV.6 2008-1266 • PL1983 • CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #2008-31.A, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 9th day of May, 2008. C/O NANCY, BARBARA, AND KITELEY FARMS LTD JENNIFER SLATER 13844 CR 7 A. DALE SLATER TRUST B LONGMONT CO 80504 13433CR7 LONGMONT CO 80504 JEROME AND DIANE KULM 13522 CR 7 BARBARA SLATER LONGMONT CO 80504 PO BOX 2316 HOMER AK 99603-2316 LIBERTY RANCH HOMEOWNERS ASSOCIATION INC ATTN JASON MAXEY 390 INTERLOCKEN CRESCENT #500 UNITED POWER INC BROOMFIELD CO 80021-8041 500 COOPERATIVE WAY PO BOX 929 MEAD CROSSING LLC BRIGHTON CO 80601 1200 17TH ST #850 DENVER CO 80202-5835 • ATTN MARK A. MEYER, ESQ. ROTHGERBER JOHNSON AND C/O GARY THARALDSON LYONS LLP MIDWEST HERITAGE INN OF VISALIA 1200 17TH ST STE 3000 INC DENVER CO 80202 AND MIDWEST HERITAGE INN OF DEPTFORD INC ATTN: DAVID WM. FOSTER 2518 ANTHEM VILLAGE DR STE 104 CO-MANAGING PARTNER HENDERSON NV 89052 FOSTER GRAHAM MILSTEIN MILLER CALISHER LLP QUALLS INVESTMENT CO 621 17TH ST, 19TH FLR 2031 CR 28 DENVER CO 80293 LONGMONT CO 80501 CENTEX HOMES MYRA SILENGO 10333 E DRY CREEK RD #300 2498 ST HWY 66 ENGLEWOOD CO 80112 LONGMONT CO 80504 C/O GEORGE MCELROY AND ENCANA ENERGY RESOURCES INC ASSOCIATES INC 370 17TH ST #1700 CENTEX HOMES DENVER CO 80202 3131 S VAUGHN WAY #301 • AURORA CO 80014 ELMER AND BETTY HERGENREDER Cr2 d2.4 1. 2130 CR 28 Deputy Clerk to the Board LONGMONT CO 80504 • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2008-31 DATE: April 23, 2008 TIME: 9:00 a.m. APPLICANT: A. Dale Slater Trust B United Power, Inc. 13433 County Road 7 500 Cooperative Way • Longmont, Colorado 80504 P.O. Box 929 Brighton, Colorado 80603 REQUEST: Oral arguments for appeal of 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, in the A(Agricultural) Zone District LEGAL DESCRIPTION: SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 28,and west of and adjacent to County Road 7 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 4, 2008 PUBLISHED: April 9, 2008, in the Fort Lupton Press • �..g 2008-1001 PROOF OF PUBLICATION NOTICE FORTLU PTON Pursuant to the zoning laws of the ATE OF COLORADO State of Colorado public hearingg the be rd in the Chambers io the ll UNTY OF WELD SS. Board of County Commissioners of Wald County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, I, Karen Lambert, do solemnly swear that I please advise the Clerk to the Board,in writing,at least five days am the Publisher of the Fort Lupton Press; prior to the hearing. The cost of engaging a court reporter shall be that the same is a weekly newspaper printed borne by the requesting party. In accordance with the Americans and published in the County of Weld, State with Disabilities Act, if special accommodations are required in of Colorado, and has a general circulation order for you to participate in this hearing, please contact the Clerk therein; that said newspaper has been to the Board's Office at(970)336- 7215,Extension 4226,prior to the published continuously and uninterruptedly day of the hearing. The complete case file may be in said county of Weld for a period of more examined in the office of the Clerk to the Board of County than fifty-two consecutive weeks prior to the Commissioners, Weld County Centennial Center, 915 10th first publication of the annexed legal notice Street, Third Floor, Greeley, Colorado 80631.E-Mail messages or advertisement;that said newspaper has sent to an individual Commissioner may not be been admitted to the United States mails as included in the case file. To ensure Inclusion of your E-Mall second-class matter under the provisions of correspondence into the case a copy to please send the act of March 3, 1879, or any file, egesipse.weln . amendments thereof, and that said DOCKET#:2008-31 DATE:April 23,2008 newspaper is a weekly newspaper duly TIME:9:00 a.m. qualified for publishing legal notices and APPLICANT: A.Dale Slater Trust B advertisements within the meaning of the 13433 County Road laws of the State of Colorado. That the Longmont,Colorado 80504 United Power,Inc. iiiexed legal notice or advertisement was 500 Cooperative Way P.O.Box 929 fished in the regular and entire issue of Brighton,Colorado 80603 every number of said weekly newspaper for REQUEST: Oral arguments for appeal of Planning Commission the period of 1 consecutive insertion(s); and Denial of A Site Specific Development Plan and Use by that the first publication of said notice was in Special Review Permit#1629 fora Major Facility of a Public Utility or the issue of newspaper, dated 9th day of Public Agency (electrical April, 2008, and the last on the 9th day of prr visns), to 23-4-420, n bst io itios in April, 2008. the A(Agricultural)Zone District Section 28,LEGAL DESCRIPTION: Towns E , hip 3N North, Range 68 West of the 6th P.M., Weld County,Colorado LOCATION:North of and adjacent to County Road 28, and west of and adjacent to County Road 7 (See Legal Description for precise location.. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED:April 4,2008 PUBLISHED:April 9,2008,in the Fort Lupton Press Publisher. Subscribed and sworn b �O�LOP 4th day of April, 2008. � yoTARY EXO Notary Public. CASE NO.401951 key 50847 • Sec. 2-4-10.Appeals process. The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by County boards, commissions and departments. Except for decisions made by the Board of Adjustment and Uniform Building Code Board of Appeals, procedure for appeals shall be as set forth in this Chapter,by resolution of the Board, or as otherwise provided by law. A. Any person appealing an action by a County board, commission or department to the Board of County Commissioners shall file such a complaint, in writing, with the Clerk to the Board within sixty (60) days of the incident in question. B. Such complaint shall include: 1. The name of the employee, board, commission or department against which the complaint is made. 2. A description of the basic facts involved in the complaint. C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within fifteen(15) days of the filing of the complaint, and shall notify all parties involved in the incident. D. The Board of County Commissioners shall hear all the available facts pertinent to the incident, may schedule a second hearing within thirty (30) days following the initial hearing if the Board determines such a need, and shall render a determination within thirty (30)days of the final • hearing. E. No person shall be denied the right to appeal,provided that he or she complies with the administrative procedures established by the Board. • • CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket#2008-31,was placed in the United States mail,first class mail, postage prepaid, addressed to the following property owners. DATED this 4th day of April, 2008. C/O NANCY, BARBARA, AND LIBERTY RANCH HOMEOWNERS JENNIFER SLATER ASSOCIATION INC A. DALE SLATER TRUST B 390 INTERLOCKEN CRESCENT #500 13433 CR 7 BROOMFIELD CO 80021-8041 LONGMONT CO 80504 MEAD CROSSING LLC BARBARA SLATER 1200 17TH ST #850 PO BOX 2316 DENVER CO 80202-5835 HOMER AK 99603-2316 C/O GARY THARALDSON ATTN JASON MAXEY MIDWEST HERITAGE INN OF VISALIA UNITED POWER INC INC 500 COOPERATIVE WAY AND MIDWEST HERITAGE INN OF • PO BOX 929 DEPTFORD INC BRIGHTON CO 80601 2518 ANTHEM VILLAGE DR STE 104 HENDERSON NV 89052 CENTEX HOMES 10333 E DRY CREEK RD #300 QUALLS INVESTMENT CO ENGLEWOOD CO 80112 2031 CR 28 LONGMONT CO 80501 C/O GEORGE MCELROY AND ASSOCIATES INC MYRA SILENGO CENTEX HOMES 2498 ST HWY 66 3131 S VAUGHN WAY #301 LONGMONT CO 80504 AURORA CO 80014 ENCANA ENERGY RESOURCES INC ELMER AND BETTY HERGENREDER 370 17TH ST #1700 2130 CR 28 DENVER CO 80202 LONGMONT CO 80504 c KITELEY FARMS LTD G / 13844 CR 7 v Co: LONGMONT CO 80504 Deputy Clerk to the Board JEROME AND DIANE KULM 13522 CR 7 • LONGMONT CO 80504 • NOTICE OF PUBLIC HEARING • The Weld County Planning Commission will hold a public hearing on Tuesday, November 20,2007.at 1:30 p.m.for the purpose of considering a Site Specific Development Plan and Use by Special Review for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law, CASE NUMBER:USR-1629 APPLICANT:A.Dale Slater Trust B PLANNER: Michelle Martin LEGAL DESCRIPTION:SE4 of Section 28,T3N, R68W of the 6th P.M., Weld County,Colorado. TYPE AND INTENSITY OF PROPOSED USE:Site Specific Development Plan and Use by Special Review 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. LOCATION:North of and adjacent to CR 28 and west of and adjacent to CR 7. SIZE: 160 acres.more or less. The public hearing will be held in the Hearing Room, Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning.4209 CR 24.5. Longmont,Colorado 80504, before the above date or presented at the public hearing on November 20,2007. Copies of the application are available for public inspection in the Department of Planning Services, 4209 CR 24.5, Longmont,CO 80504.Please call Donite May at(720)652-4210,Ext.8730,or Fax #(720)652-4211,prior to the day of the • hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance,due to lack of quorum or otherwise. Contact the Department of Planning Services at(720)652-4210.ext. 8730, for hearing continuance information. Doug Ochsner,Chair Weld County Planning Commission To be published in the Fort Lupton Press. To be published one(1)time by October 31.2007. E-MAILED/FAXED [70 .7,S-•O.1oili 0 PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING FORT LUPTON The Weld County Planning Commission will hold a public ATE OF COLORADO hearing, on 1:30ay, Novemberrthe 20, 2007, at 1:30 p.m.ing for the purpose of considering a Site UNTY OF WELD SS. Specific Development Plan and Use by Special Review for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER:USR-1629 I, Karen Lambert, do solemnly swear that I APPLICANT:A. Dale Slater Trust 8 am the Publisher of the Fort Lupton Press; PLANNER:Michelle Martin LEGAL DESCRIPTION: SE4 of that the same is a weekly newspaper printed Section 28,T3N,R68W of the 6th P.M.,Weld County,Colorado. and published in the County of Weld, State TYPE AND INTENSITY OF PROPOSED USE: Site Specific of Colorado, and has a general circulation Development Plan and Use by Special Review for a Major Facility therein; that said newspaper has been of a Public Utility or Public Agency (Electrical Substation), subject to published continuously and uninterruptedly the provisions of Section 23-4.420 in the A (Agricultural) Zone in said county of Weld for a period of more District. LOCATION:North of and adjacent than fifty-two consecutive weeks prior to the to CR 28 and west of and adjacent to CR first publication of the annexed legal notice SIZE:160 acres,more or less. The public hearing will be held in or advertisement; that said newspaper has the Hearing Room, Weld County Planning Department, 4209 CR been admitted to the United States mails as 24.5, Longmont, Colorado. Comments or objections related to second-class matter under the provisions of the above request should be submitted in writing to the Weld the act of March 3, 1879, or any County Department of Planning, 4209 CR 24.5, Longmont, amendments thereof, and that said Colorado 80504,before the above date or presented at the public newspaper is a weekly newspaper duly hearing on November 20,2007. Copies of the application are qualified for publishing legal notices and available for public inspection in the Department of Planning advertisements within the meaning of the Services, 4209 CR 24.5, Longmont, CO 80504. Please call laws of the State of Colorado. That the Donita May at (720) 652-4210, Ext. 8730, or Fax # (720) 652- exed legal notice or advertisement was 4211, prior to the day of the hearing so that reasonable fished in the regular and entire issue of accommodations can be made if, in accordance with the Americans every number of said weekly newspaper for with Disabilities Act, you require special accommodations in order the period of 1 consecutive insertion(s); and to participate in this hearing as a result of a disability. All cases that the first publication of said notice was in scheduled before the Planning Commission for hearing are the issue of newspaper, dated 31st day of subject to continuance,due to lack of October, 2007, and the last on the 31st day the Department e m otherwise. Contact of Planning Se rvices at (720) 652-0210, ext. of October, 2007. 8730, for hearing continuance information. Doug Ochsner,Chair Weld County Planning Commission To be published in the Fort Lupton Press. To be published one(1)time by October 31,2007. Publisher. Subscribed and sworn ba .4026th day of October, 2007.b& (L)L. Notary Public. CASE NO.401951 key 47556 Hello