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Home My WebLink About2018CV125 - RORY HEATH V. CITY OF FORT COLLINS, ET AL - 030 - SUBMITTAL OF CERTIFIED RECORDDISTRICT COURT, LARIMER COUNTY, COLORADO Larimer County Justice Center 201 Laporte Avenue, Suite 100 Fort Collins, CO 80521-2761 (970) 498-6100 RORY HEATH, Plaintiff, v. CITY OF FORT COLLINS CITY COUNCIL; CITY OF FORT COLLINS; AND ELIZABETH STREET CO. MANAGER, LLC Defendants. COURT USE ONLY Kimberly B. Schutt, #25947 WICK & TRAUTWEIN, LLC 323 South College Avenue, Suite 3 P.O. Box 2166, Fort Collins, CO 80522 Phone Number: (970) 482-4011 E-mail: kschutt@wicklaw.com FAX Number: (970) 482-8929 John R. Duval, #10185 FORT COLLINS CITY ATTORNEY’S OFFICE P.O. Box 580 Fort Collins, CO 80522 Phone: (970) 221-6520 Email: jduval@fcgov.com Case Number: 2018CV125 Courtroom: 3B SUBMITTAL OF CERTIFIED RECORD Defendants, City of Fort Collins City Council and City of Fort Collins [“the City”], by and through its counsel, WICK & TRAUTWEIN, LLC, as required by the Court in its Order Requiring Certification of Record dated November 30, 2018, and also pursuant to C.R.C.P. 106(a)(4)(VII), hereby submits and files with the Court the following record certified by Delynn Coldiron, the City Clerk of the City of Fort Collins, relating to the proceedings underlying the above-captioned action. Said record consists of the following: DATE FILED: January 15, 2019 12:32 PM FILING ID: 367B0D255CFDB CASE NUMBER: 2018CV125 2 DOCUMENT DESCRIPTION BATES Nos Certification of the City Clerk pertaining to the City’s Submittal of Certified Record relating to the Union on Elizabeth PDP/FDP 170024 000001-00003 Notice of Appeal dated December 28, 2017 000004-000011 Planning and Zoning Board Record of December 14, 2017 000012-000298 City of Fort Collins City Council Record of February 13, 2018 000299-000625 Verbatim Transcript of December 14, 2017 Planning and Zoning Board (Also part of the P&Z Record, item dd.) 000249-000274 Verbatim Transcript of February 13, 2018 City Council Hearing 000626-00654 Video Recording of December 14, 2017 Planning and Zoning Board (Entire Meeting) See video. Video Recording of February 13, 2018 City Council Hearing (Entire Meeting) See video. City Documents Regarding Union on Elizabeth 000655-001502 Resolution 2018-018 of the Council of the City of Fort Collins Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning and Zoning Board’s Decision Approving the Union on Elizabeth Project Development Plan/Final Plan PDP/FDP170024 001503-001505 Pertinent portions of the City of Fort Collins Land Use Code 1 a. Section 3.4.7 Historic and Cultural Resources b. Section 3.5.1(A) Building and Project Compatibility, Purpose c. Section 3.5.1(B) Building and Project Compatibility, General Standard d. Section 3.5.1(C) Building and Project Compatibility, Building Size, Height, Bulk, Mass, Scale e. Section 3.5.1(G)(1) Building and Project Compatibility, Special Height Review/Modifications f. Division 4.18 Community Commercial Standards g. Division 5.1 Definitions 001506-001588 City of Fort Collins Home Rule Charter and Chapter 2, Article II, Division of the Fort Collins Municipal Code titled “Appeals Procedure” 001589-001595 The two videos have been submitted to the court, the plaintiff, and defendant Elizabeth Street Co. Manager, LLC on DVD. The Court’s January 3, 2019 Order required the plaintiff to pay the cost for certification of the record to the City Clerk’s Office in the amount of $255.00. Plaintiff has paid this amount as shown by the attached receipt dated 1/10/19. 11 The City is submitting pertinent portions of the Fort Collins Land Use Code [“LUC”], Home Rule Charter [“Charter”] and Municipal Code, as referenced in the Plaintiff’s appeal documents or as are otherwise relevant to the issues raised in Plaintiff’s Amended Complaint. The City reserves the right to supplement the record with additional portions of the LUC, Charter and Municipal Code as needed to respond to the arguments raised in Plaintiff’s Opening Brief. 3 DATED this 15 th day of January 2019. WICK & TRAUTWEIN, LLC This document was served electronically pursuant to C.R.C.P. 121 §1-26. The original pleading signed by Kimberly B. Schutt is on file at the offices of Wick & Trautwein, LLC By: s/Kimberly B. Schutt Kimberly B. Schutt, #25947 Attorneys for Defendant And John R. Duval, #10185 FORT COLLINS CITY ATTORNEY’S OFFICE P.O. Box 580 Fort Collins, CO 80522 (970) 221-6520 4 CERTIFICATE OF ELECTRONIC FILING The undersigned hereby certifies that a true and correct copy of the foregoing Submittal of Certified Record was filed via Colorado Courts E-Filing System (CCES) and served this 15 th day of January, 2019, on the following: Rory Heath Pro Se 2831 Ridgeglen Way Colorado Springs, CO 80918 Roryheath1@gmail.com Sean M. Hanlon Jessica J. Smith Hollard & Hart, LLP 555 17 th Street, Suite 3200 Denver, CO 80201-8749 /s/ Jody L. Minch_______________________ [The original certificate of electronic filing signed by Jody L. Minch is on file with the law offices of Wick & Trautwein, LLC.]