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Home My WebLink About20081157.tiff 282 RESOLUTION RE: AMEND 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 #2008-0914 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. C a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld g County, Colorado, that a public hearing to take oral argument and to consider the appeal of the cam Planning Commission's denial of a Site Specific Development Plan and Use by Special Review as 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 o / United Power, Inc., be, and hereby is, scheduled for May 14, 2008, at 9:00 a.m., and that the imm 9 ` hearing originally set for April 23, 2008, be, and hereby is, vacated. E BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, .M N 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 o April 25, 2008. =coo -0 N BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, ;2 o ordered to send a copy of the complete certified record of the case to persons who request a copy =o of the same and to the Board for its review. cc �wr—m - 0 2008-1157 =M� „ ( �L, PLOO hiL PL1963 US -cP-o- O RE: AMEND 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 14, 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, April 30, 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 6, 2008, to file such response; and United Power, Inc., shall then have to, and until, May 9, 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 21st day of April, A.D., 2008. BOARD OF COUNTY COMMISSIONERS a WELD COUNTY, COLORADO ATTEST: U1 War �/ ' et, =XCUSED y 185: <,,: o�, Iliam H. Jerke, Chair Weld Count Clerk to the =oa w `.j`. ` < \ \� i ' \` f a Robect . Masden, Pro-Tem BY. l � 1tab" • e . r' � . Dep y Clerlc to�the Board j � Will F. Garcia APPROVED AS TO FORM: .V__) ck,l\ EI� / n David E. Long ( .0 Attor A VJ r 1�_ (� A.,5,_ Coin Attomsyi r Dougla4 Rademach Date of signature: 3k/ft 1 VIII HIII HID IIIII III 1111111111111 III HIIHMI 3554282 05/15/2008 01:39P Weld County, CO 2008-1157 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PL1963 • 1 Bruce Barker From: Mark Meyer[mmeyer@rothgerber.com] Sent: Friday, April 18, 2008 10:38 AM To: Bruce Barker; David Foster Cc: Esther Gesick; Michelle Martin; Jason Maxey Subject: RE: Appeal Timeline Attachments: United Power Appeal Reso 42108 v2 RJL(00552232).DOC; REDLINE. United Power Appeal Reso 42108 v2 RJL(00552231).DOC L� United Power REDLINE. United tppeal Reso 42108.. Power Appeal R... Bruce and David: Attached please find our comments to the draft Resolution, both in clean and redlined formats. In the initial draft, the final resolution inserted a standard of review that would be applicable in an appeal with a court, for example, under a 106 matter. Here, Section 2-4-10.D. makes it clear that the BOCC "shall hear all the available facts pertinent to the incident . . . and shall render a determination . . . . " As such, please make the revisions we propose so that we are not adding a standard which does not apply to this hearing. Thank you. Mark A. Meyer, Esq. Rothgerber Johnson & Lyons LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202 Phone: (303) 623-9000 Facsimile: (303) 623-9222 E-mail: "mmeyer@rothgerber.com" **************************************************************************** NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by e-mail, so that our address record can be corrected. *******************************+******************************************** >>> "Bruce Barker" cbbarker@co.weld.co.us> 4/17/2008 4:27 PM >>> Mark and David: Please review the attached. Let me know if you see the need for any changes. Esther and Michelle: Please let us know if you see the need for any changes. Thanks. EXHIBIT Bruce Barker. 4/21/2008 8:13 AM 111111111111111I 11111 III 1111111 MIII III 11111 IIII 1111 VII' ca 3554282 05/15/2008 01:39P Weld County, CO 3 of 7 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 15, 2008,and to include it in a complete record of the case being certified by the Clerk no later than April 25, 2008. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be,and hereby is,ordered to send a copy of the complete certified record of the case to persons who request a copy of the same and to the Board for its review. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,ordered to send notice of said May 14, 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 shall have to and until to April 30, 2008, in which to file its brief in the appeal; any persons wish to respond in writing to the United Power brief shall then have to and until May 6,2008,to file such response; and I United Power shall then have to and until May 9, 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 United Power has met its burden of proof under Section 23-4-420 and the applicable standards set forth in Section 23-2-400 with respect tgthe Site Specific Development Plan and Use by Special Review Permit#1629 for a -- Deleted:the Planning Commission Major Facility of a Public Utility or Public Agency(electrical substation), subject to the provisions exceeded itsjunsdiction or abused its discretion in denying of Section 23-4-420, in the A(Agricultural)Zone District,for A. Dale Slater Trust B/United Power. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2151 day of April,A.D.,2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke,Chair Weld County Clerk to the Board Robert D. Masden, Pro-Tem BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: David E. Long County Attorney Douglas Rademacher 2008-" PL1963 11111 11111 111111H III 1111111111111 III IIIII IIII IIII 3554282 05/15/2008 01:39P Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. 1111111 11111 111111 11111 III 1111111 111111 111 11111 1111 1111 3554282 05/15/2008 01:39P Weld County, CO 5 of 7 R 0.00 0 0.00 Steve Moreno Clerk & Recorder CHAPTER 3 Human Resources Sec.3-4-70.Grievance hearing. I. Review of appeal. 1. The Director of Human Resources shall transmit the Grievance Board's decision, the notice of appeal and any memorandum brief to the Board of County Commissioners for review. 2. The Board of County Commissioners may affirm the Grievance Board's decision, modify it in whole or in part, or remand the matter to the Grievance Board for further fact- finding. A modification may only be made if, based upon the Grievance Board's findings of fact, the decision is clearly wrong or is in excess of the Grievance Board's jurisdiction, authority, purposes or limitations as defined by this Chapter and the procedures outlined in Chapter 2 of this Code. The Board of County Commissioners may review the entire hearing record upon a majority vote of the Board of County Commissioners. CHAPTER 20 Road Impact Fees Sec. 20-1-330. Standards. If, on the basis of generally recognized principles of impact analysis, it is determined that the data, information and assumptions used by the applicant to calculate that the Independent Fee Calculation Study satisfy the requirements of this Section, the fee determined in the Independent Fee Calculation Study shall be deemed the fee due and owing for the proposed traffic-generating development. The adjustment shall be set forth in a Fee Agreement. If the Independent Fee Calculation Study fails to satisfy the requirements of this Section, the fee applied shall be that fee established for the traffic-generating development in Section 20-1-220 above. Sec. 20-1-340. Appeal of decision. A. A fee payer affected by the administrative decision of the Director on an Independent Fee Calculation Study may appeal such decision to the Board of County Commissioners, by filing with the Director within ten (10) days of the date of the written decision a written notice stating and specifying briefly the grounds of the appeal. B. The Board of County Commissioners, after hearing, shall have the power to affirm or reverse the decision of the Director. In making its decision,the Board of County Commissioners shall make written findings of fact and conclusions of law, and apply the standards in Section 20- 1-330 above. If the Board of County Commissioners reverses the decision of the Director, it shall instruct the Director to recalculate the fee in accordance with its findings. In no case shall the Board of County Commissioners I IIIIII IIIII IIIIII IIIII III 1111111 IIIIII III IIIII IIII IIII 3554282 05/15/2008 01:39P Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Jennifer VanEgdom From: Bruce Barker Sent: Monday, April 21, 2008 9:25 AM To: Bill Jerke; Rob Masden; Dave Long; Douglas Rademacher; William Garcia Cc: Michelle Martin; Esther Gesick; Jennifer VanEgdom Subject: FW: Resolution Redline- United Power Special Use Attachments: FGMMC email logo 2.jpg This came in on Friday and went into"Junkmail." Pertinent to discussion of Planning Item 2 on the agenda for April 21, 2008. Original Message From: Cynthia M. Treadwell [mailto:ctm@fostergraham.comj Sent: Friday, April 18, 2008 11:55 AM To: mmeyer@rothegerber.com; Bruce Barker Cc: David Foster Subject: Resolution Redline - United Power Special Use Gentlemen: Our client will not consent to the redline changes proposed. Respectfully, there are already several significant jurisdictional issues and this proposed language substantially alters the scope of the review and does not reflect any of the intent or discussion to date. FGMMC email logo 2.jpg (10 KB)... We believe that for clarification purposes an ad itional sentence needs to be added to the end of that paragraph as follows: "This appeal shall be conducted in accordance with the standards of C.R.C.P. 106(a)(4)." Cynthia M. Treadwell Foster Graham Milstein Miller& Calisher LLP 621 Seventeenth St., 19th Floor Denver, CO 80293 (303)333-9810 (303)333-9786 (fax) www.fostergraham.com <blocked::http://www.fostergraham.com/> PLEASE NOTE: This email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately. FEDERAL TAX ADVICE DISCLAIMER: We are required by U.S. Treasury Regulations to inform you that, to the extent this message includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the purpose of avoiding federal tax penalties. HBO 11111 11111111111 III 1111111 IIIIII III 11111 IIII IIII 1 3554282 05/15/2008 01:39P Weld County, CO 7 of 7 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Hello