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Home My WebLink About4.0 MemorandumTO TUIEMORANDUU Board of County Commissionens Kathy Eastley, Building and Planning August 9, 2010 RE Service Plans 'tl,,LM)"4 ?c' rckL{t-U lbFROM: DATE: REFERENCE: ,Pl l. Backqround On Thursday July 1,2010 Matthew Ruhland of the law firm Miller Rosenbluth, LLC submitted three (S1 Service Plans for three (3) metropolitan districts on behalf of Carbondale lnvestments, LLC., the owners of propefi identified as Rivers Edge Colorado, formerly known as Cattle Creek (Colorado), Sanders Ranch and Bair Chase. On Wednesday July 28,zl1}the Planning Commission reviewed the three service plans and fonrarded a unanimous recommendation of disapproval of the three plans. This recommendation was forwarded in the form of a Resolution wtrich listed the findings to support the recommendation of disapproval. This recommendation was submitted to the Board on July 30, 2010, by delivery to the Clerk and Recorder. The Board of County Commissioners (the Board) is required to setthe public hearing date for the service plans at least 10 days after the date of the Planning Commission recommendation. ll. Purpose The purpose of this public meeting is to establish the public hearing date for Board consideration of the service plans. Pursuantto statutory requirements the Board must hold the public hearing within 30 days of this meeting, therefore Staff recommends that the Board set the public hearing for Tuesday, September 7 , 2O1O comtnencing at 1 :15 p.m. Staff is requesting authorization to act on behalf of the Board in completing the notice requirements: A. Notice Requirements1) The Board shall providewritten notice of the date, time and location of the hearing to the petitioners and the goveming body of any existing $',il 5HHff ,";:5'"i 5lfiffi ffii,::: d a ries with i n th ree m i res 2\ The Board shall make publication of the date, time, locatbn and Itt> t_ ixH?:i9ffi13.5:o*+#xI":::Hii ,n,s::""twentvdavs sr* W qrl ir ffi,ffi8l1,ttr"#l$lJ',[."J?:lo,H",ned within the fvhl,rL f16h,Le- b) lnformation outlining methods and procedures conceming ther- t ,,l'^'lcoLl4d,4d@'tAvtDn't'{lrou-^ 3 - Onlr' 4 ry e[,[to filing of petition for exclusion of territory; c) fne pubtication shall constitute constructive notice to the residents and property owners within the proposed special district. Staff Comment: Due to publication deadlines for the Rifle Citizen Telegram thelequest for publication was made prior to deadline on Friday August 6, 2010. The requirement for a minimum twentyday notice priolto hearing necessitates publication in theAugust 12,2O1O editionof the newspaper. There is time to complete amendments or a withdrawal of the notice should that be nece$sary- 3) The petitioner shall send letter notification of the hearing to the property owners within the proposed special district as listed on the iecords of the county assessor, unless the petitioners represent one hundred percent of the property owners; a) The notification shall indicate the date, time, location, and purpose of such hearing, a reference to the type of special district, the maximum milllevy, if any, orstating thatthere is no maximum that may be imposed by the proposed special distric't, and procedures for the filing of a petition for exclusion. Staff has worked with the Applicant in determining the interested parties required to be noticed and wil! include notice to the following: 1. The City of Glenwood SPrings 2. The Torrn of Carlcondale 3. Roaring Fork Water and Sanitation District 4. Carbondale & Rura! Fire Protection District 5. Glenwood Springs Rural Fire Protection District 6. Spring Valley Sanitation District 7. Rose Ranch Metropolitan District lll. Additional Request ln addition to setting the public hearing Staff is requesting that the Board establish procedures for that hearing. Specifically Staff requests that the Board require submittal of ine Rpplicant's presentation (ponyer point), and any additional information to be presented in the hearing by 5:00 p.m. September 1,2010- The reason for this request is due to an incomplete record of the Planning Commission hearing as the Applicant has not provided a copy of their power point presentation, as requested by both Staff and the Planning Commission Chairman. We respec,tfully reques! the Board require that the Petitioner submit all information to assure a complete record of the Board public hearing. Garfield County BUILDING & PLANNING DEPARTMENT August 9, 2010 Dianne Miller Miller Rosenbluth, LLC 7OO 1t6 Street, Suite 2200 Denver, CO8O2O2 dm iller@m iller-rosenbluth. com Reference: RE Service Plans - Public Hearing Dear Ms. Miller, The Board of County Commissioners (the Board) met on Monday August 9, 2010 for the purpose of: 1. Setting the public hearing date; 2. Authorize staff to complete the required public notice; 3. Establish procedures for the hearing. The Board action was to set the public hearing date for Tuesday September 7, 2010, commencing at 1:15 p.m. Further, Staff was authorized to complete the public notice for publication and notice to interested parties. And finally, the Board established procedures for the public hearing which requires the petitioner to submit all information that will be presented at the hearing by 5:00 p.m. on Wednesday, September '1,2O1O. Feel free to contact me if you have any questions regarding this Board action. Sincerely, , AICP File Deb Quinn Rocky Shepard 108 Eighth Street, Suite 401 ' Glenwood Springs, CO 81601 (970) 945-8212, (970) 285-7972' Fax: (970) 384-3470 Cc: