HomeMy WebLinkAbout6.0 TC Letter 12.28.12Garfield County
BUILDING & PLANNING DEPARTMENT
December 28, 2012
Heather Henry, lEED AP
Connect One Design
435 N. 8th Street
Carbondale, CO 81623
hh@connectonedesign.com
Reference: Comprehensive Plan Amendment / Sketch Plan Review -The Cottonwoods
File Numbers CPAA7452 and SSPA7453
Dear Heather;
The Building and Planning Department has reviewed the original and supplemental submittal
documentation for The Cottonwoods project that includes a Comprehensive Plan Amendment and
Sketch Plan review. The applications appear to technically compliant with the submittal
requirements in 2030 Comprehensive Plan, as amended and the Unified land Use Regulations of
2008 , as amended (UlUR). A Planning Commission hearing date for the Comprehensive Plan
Amendment has been set for Wednesday, February 13, 2013 at which time the Commission will
also review and comment on the Sketch Plan materials.
It is your re sponsibility as the Applicant to complete the public notice requirement for the
Comprehensive Plan Amendment. Notice requirements are as follow:
A. Notice of Public Hearing.
1. When a public hearing is required, notice shall be provided . The type of
notice required is identified in Table 4-102, Common Review Procedures
and Required Notice .
2. Notice shall be provided as follows:
a. Notice by Publication . At least 30 but not more than 60 calendar
days prior to the date of a scheduled public hearing before the
Planning Commi ssion or BOCC, the Applicant shall publish notice of
a public hearing in a newspaper of general circulation, unless
otherwise specified by the Colo r ado Revised Statutes.
b. Written/Mailed Notice to Adjacent Property Owners .
108 Eig hth S treet, Suite 401 'J Glen wood Springs. CO 8 16 01
(970) 945-8212 ' Fax: (970) 3 84-34 70
(1) Written notice shall be provided at least 30 but not more
than 60 calendar days prior to the date of a scheduled public
hearing.
(2) The Applicant shall send written notice by certified mail or
by a nationally recognized overnight courier, return receipt
requested.
(3) Written notice shall be provided to the owners of record of
all adjacent property within a 200-foot radius ofthe subject
parcel, as shown in the office of the County Clerk and
Recorder or Assessor, at least 30 calendar days prior to
sending notice. Within the same time period, written notice
shall be provided to owners of mineral interests in the
subject property (other than construction materials as
defined in c'R.S. § 34-32.5-1, as amended) in accordance
with c'R.S. § 24-65.5-101, et seq., as amended.
c. Posting of Notice. At least 30 and not more than 60 calendar days
prior to the date of a scheduled public hearing, the Applicant shall
post a notice of the public hearing on the property. Posted notice
shall consist of at least 1 sign facing each adjacent road right-of-way,
and located so as to be fully visible from the road right-of-way
generally used by the public. The notice signs shall be provided to
the Applicant by the Planning Department.
3. Contents of Notice. The notice shall follow a form prescribed by the
County.
4. Applicant Responsibility. It shall be the responsibility of the Applicant to
provide the names and mailing addresses as shown in the office of the
County Clerk and Recorder or Assessor pursuant to Section 4-101.E.2.(3) as
part oftheir application.
5. Proof of Notice. At the public hearing, the Applicant shall provide proof of
publication, proof of notification or attempt of notification of Adjacent
Property Owners, and proof of posting notice on the property. The
Applicant shall provide proof of notification or attempt to notice owners of
mineral interest in the subject property.
6. Constructive Notice. Minor defects in notice shall not impair the notice or
invalidate proceedings pursuant to the notice if a bona fide attempt has
been made to comply with applicable notice requirements. Failure of a
party to receive written notice shall not invalidate subsequent action. In all
cases, however, the requirements for the timing of the notice and for
specifying the time, date, and place of a hearing, and the location of the
subject property, shall be strictly construed. If questions arise at the
hearing regarding the adequacy of notice, the Decision-Making Body shall
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make a formal finding regarding whether there was substantial compliance
with the notice requirements of this Code before proceeding with the
hearing.
I have attached the public notice form which you will need to revise to meet the notice
requirements above -the deadline for publication in the Rifle Citizen Telegram edition on Thursday
January 10, 2013 is at noon on Friday January 4, 2013. Please contact Mary Borkenhagen at
mborkenhagen@postindependent.com as she is responsible for the publication of legal notices.
Please let me know if I should mail the poster for posting of the property or if you would like to
pick it up in our office. It must be posted at least 30 days prior to the hearing.
We will require submittal ofthe additional copies of the submittal documentation, please provide
17 paper copies and 20 CD's. Unfortunately we cannot utilize the link in sending a request to
referral agencies.
Please let me know if you have any questions on this process or your responsibilities in the
process.
Attachment
Cc: File
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