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r•7050 Loma Linda Ct.
Longmont CO 80504
April 11, 1996
��- I S C:
Town of Firestone Board of Trustees&Rick Patterson,mayor
P.O.Box 100 CLERK
150 Buchanan : O T He
Firestone CO 80520
Subject: Dollaghan Annexation, Planning Commission PUD zoning hearing, 4/17/96
Ladies and Gentlemen:
CRS 24-67-104(1)(e)of the Planned Unit Development Act of 1972 states: Written notice of the public
hearing shall be delivered or mailed,first class prepaid,at least fifteen days prior to the public hearing to
adjoining landowners."From the wording of 24-67-104(1)(c), in the-case of Firestone,the body
authorized to review planned unit development applications"would be the Firestone Planning
Commission.
4.3 Notification of Property Owners of the Firestone Development Regulations states: At least fifteen days
prior to the Planning Commission Hearing on the-proposed zoning, rezoning or special use permit. the
Applicant shall notify in writing,the immediately adjacent property owners of the time and date of the
hearing on the proposed subdivision...."
I,-as an adjacent landowner,have not received this notice as required by statute and ordinance"at least
fifteen days prior to the Planning Commission Hearing". I would assume other adjacent landowners have
not received said notice and are not,therfor, aware of the hearing.
As the Town had not enacted a PUD ordinance at the time the petition for annexation and zoning was
made,and as the planning hearing at that time considered only annexation and not zoning,that the
hearing scheduled for April 17, 1996 is an initial zoning hearing and-not a continuance of a:previous
planning commission hearing as attested by the legal notices published in the newspaper and the public
notice posting on the-property. Therefor,the mailed notice to the adjoining landowners is required for this
hearing.
I, respectfully, request that you review these arguments and postpone the hearing scheduled for April 17,
1996 until such date as the notice process can be correctly complied with,as I am certain the Town wishes
to conform to all requirements as a matter of principle and to insure the hearings are conducted on a firm
basis which cannot be challenged.
I request that this letter be made part of the record of the Dollaghan Annexation.
Very truly yours,
John S. Folsom
PC: Weld County Commisioners, Jeffrey Larson,Esq. dollpud2
Weld County Attorney
960798
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