HomeMy WebLinkAbout900781.tiff i
RESOLUTION
RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER AMENDED USE BY
SPECIAL REVIEW - JEFFERSON
WHEREAS, the Board. of County Commissioners of Weld County,
Colorado, pursuant to Colorado atatute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public
hearing on the 29th day of August, 1990 , at the hour of 10:Do a.m.
-in the chambers of the Board for the purpose of hearing the
Amended Use by Special Review of Joy A. d efferson, 35 Martin Lane,
-Englewood, Colorado 80110 , and
WHEREAS, at said hearing Commissioner Kirby excused himself
-due to a possible conflict of interest, and
WHEREAS, R. Russell Anson, Attorney representing the
applicant, requested that this matter be continued because there
were only three Commissioners present at today' s hearing, and
WHEREAS , the Board received conflicting recommendations from
the Windsor Planning Commission, and would like to have this
matter clarified.
WHEREAS, it was determined by the Board that this matter be
continued to September 12 , 1990 .
NOW, THEREFORE, BE IT RESOLVED by the Soard of County
Commissioners of Weld County, Colorado, that the hearing to
consider the Amended Use by Special Review for Joy Jefferson, be,
and hereby is, continued to September 12 , 1990 , at 10 : 00 a.m.
SE IT FURTHER RESOLVED by the Board that the Windsor Planning
Commission be asked to -clarify its position on the conflicting
recommendations, and whether it properly reached that position.
900781
Page 2
RE: CONTINUE AMENDED USR HEARING - JEFFERSON
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
August, A.D. , 1990.
ATTEST: Ada4e17 BOARD OF I C COUNTY COMMISSIONERS
WELD COUNTY,COUNTY
CO DO
Weld County Clerk to the Board EXCUSED
(\y n �/ Oene :R. Brantner, Chairman
BY: OJAJ 7l, � Lam) G_ Kennedy, Pro-T m�
Deputy erk to the Board
.s�r�i icKeffea°44‘441:1
APPROVED AS TO FORM: Cons L. Earbe
, --- ---7 EXCUSED
C.W. Kin
County Attorney
•
900781
_ 17 1-
HEARING CERTIFICATION
DOCKET NO. 90-27
RE: SITE SPECIFIC -DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT -
LZVESTOCK CONFINEMENT OPERATION (1,500 CATTLE) , HORSE BOARDING AND
TRAINING FACILITY (150 HEAD) , AND TACK AND FEED STORE - JEFFERSON
A public hearing was conducted on August 29, 1990, at 10:00 A.M. , with
the following present:
Commissioner Gene R. Brantner, Chairman - Excused
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C.W. Kirby - Excused
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Lanell Curry
The following business was transacted:
I hereby certify that pursuant to a notice dated July 2, 1990, and duly
published July 12, 1990, in The New News, a public hearing was
conducted to consider a Site Specific Development Plan and Special
Review Permit for Soy A. Jefferson. Commissioner Kirby excused himself
from this hearing due to a conflict of interest. Lse Morrison,
Assistant County Attorney, made this matter of record. Mr. Morrison
advised the applicant that because only three Commissioners are
present, he can request that this hearing be continued. -Russell Anson,
Attorney representing the applicant, said that he would prefer that
this hearing be continued. Mr. Morrison stated that Mr. Anson
submitted a copy of a letter which was sent to the Windsor Planning
Commission. This letter concerns the conflicting recommendations s,f
the Windsor Planning Commission. In this letter Mr. Anson states that
the Windsor planning Commission, at its meeting of May 3, 1990,
recommended approval of this request from Joy _Jefferson, then at a
meeting conducted on August 2, 1990, the Commission reversed its
recommendation. The letter further states that Ms. Jefferson was not
advised that this item was to be considered at this later meeting.
Following discussion, Mr. Morrison suggested that the Board ask this
Commission to clarify its position. He also said that due process
requirements must be met. Lanell Curry, representing the Department of
Planning Services, made -comments to the Board. Ms. Curry said the
Windsor Planning Commission will meet again September 6. Commissioner
Lacy moved to -continue this hearing to September 12, at 10:00 A.M. , and
that this matter be referred to the Windsor Planning Commission with
the information submitted at today's meeting. Commissioner Harbert
seconded the motion. Mr. Morrison explained to the Board what the
issue is in respect to the proceedings of the Windsor Planning
Commission. He said the Commissioners must question what the
Commission's position is, and whether it properly reached that
position. Mr. Morrison said this will give the Windsor Planning
Commission the opportunity to answer both of these concerns. Bob
Ehrlich, of Amigo Farms, said he would like to clarify the issue
concerning the -Windsor Planning Commission. Mr. Ehrlich said he was
not contacted for the first meeting; therefore, Amigo Farms was not
represented at that meeting. He said at the later date, the
Commission, after hearing the testimony from representatives of Amigo
Farms, reversed its recommendation. Mr. Ehrlich also questioned
whether there is a potential conflict of interest, saying that Mr.
Anson was the County Attorney for a number of years, and is now the
Chairman of the Republican Party. He said he is concerned about the
close contact with the Republican Board members. Mr. Morrison said
Commissioners Harbert and Brantner, pursuant to Section 24-18-109,
900781
Page 2
RE: CERTIFICATION - JEFFERSON
C.R.S. , did file Disclosure Letters with the Board of County
Commissioners and the Secretary of State. He said these letters are of
public record, and he read a portion of them into the record. Mr.
Morrison explained that the Board cannot be deprived of its
jurisdiction in this situation based on a claim of conflict. He said
he is advising the Board to proceed to participate at the next hearing
and mxplained why. Commissioner Lacy called for the vote. Chairman
Pro-Tem Kennedy felt that Mr. Anson should be given a chance to respond
to Mr. Ehrlich's statements. Mr. Anson said he would not 'respond to
the issue of conflict, saying it is clear enough and also the Board has
received the advice of its attorney. He said it has been eight years
since he worked in the County Attorney's Office. Mr. Anson said he has
never discussed this issue with any of the Commissioners, Republican or
otherwise. On a roll call vote the motion passed with all three
Commissioners voting aye.
This Certification Aims approved on the 5th day of September, 1990.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to t e� EXCUSED
Gene R. Brantner, Chairman
Deputy K l/erk to the Board Geo ge Kennedy, Pro-Te_ m
Constance L. Harber
EXCUSED FROM -PHIS HEARING
C.W. 1Cir y
G don acy
TAPE #90-32
DOCKET #90-27
PL0050
900781
Hello