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HomeMy WebLinkAboutTHE GROVE AT FORT COLLINS - PDP - 16-10B - CORRESPONDENCE - (105)Page 2 of 2 appeal hearing. Jonathan Feiman From: Jonathan Feiman [mailto:jfeiman@ecentral.com] Sent: Wednesday, July 27, 2011 9:21 AM To: sroy@fcgov.com; WECKMAN@fcgov.com Subject: Questions re appeal hearing 8/16 Steve and Paul, We had some procedural questions regarding the upcoming City Council appeal of CSURF Amended CDP and Campus Crest PDP. 1. Can you confirm that the appeals will be heard on August 16th? The 6-month planning calendar shows multiple agenda items for that night. If the other agenda items remain, do you know when the appeals will appear on the agenda? 2. We assume the appeal of the CDP decision will be heard first. If the ODP decision is reversed by Council, will the appeal of the PDP decision be heard? 3. Will the time allowances for each appeal (ODP and PDP) be: 20 minute presentation for appellant; 20 minute presentation for applicant; 10 minute rebuttal for appellant; 10 minute rebuttal for applicant? Jonathan Feiman (for the appellants) 959 Gilgalad Fort Collins, CO 80526 970.482.4672 970.227.1989 cell ifeiman@ecentral.com 8/3/2011 Page I of 2 Steve Olt From: Steve Roy Sent: Wednesday, August 03, 2011 12:28 PM To: 'Jonathan Feiman': Paul Eckman Cc: Darin Atteberry; Steve Olt; Karen Cumbo; Steve Olt; CCSL Legal Subject: RE: Questions re OOP / PDP appeal Mr. Feiman, the following response to your first three questions was sent on July 28 at 3:00. In case you did not receive it, here it is again. There was no Leadership Planning Team meeting this week, and the next such meeting will be next Monday at noon. As noted below, I will inquire of the Leadership Team and see if I can get you a more definitive response to your questions. As to your fourth question, I have forwarded your inquiry to Karen Cumbo, the City's Director of Planning, Development and Transportation. She can be reached at (970) 221-6287 or kcumbo - fcgov.com The City Attorney's Office is not in control of the production of the transcript. If you believe that your ability to adequately prepare for the appeal hearing is being compromised by the unavailability of the transcript, I recommend that you confer with private legal counsel, since our office cannot, under the relevant City Charter provisions and ethical rules, attempt to represent your interests or advise you as to how to protect those interests. My previous response Mr. Feiman, 1. The appeals are still scheduled to be heard on August 16. The order in which agenda items will be heard by the Council at that meeting has not yet been determined. I anticipate that the Leadership Planning Team will make that determination at its meeting on August 8. 2. At least at this point in time, I cannot answer your question as to whether the Council would proceed with hearing the appeal of the Board's decision on the PDP if the Council overturns the approval of the ODP. That decision will be up to the Council. 3. The City Code states that the Mayor determines the length of presentations by parties -in -interest at the appeal hearing. That determination is typically not made until the night of the appeal. The usual periods of time are those that you have stated. I will forward your inquiry on this to the Leadership Planning Team and will let you know if the Mayor is willing to determine the time frames for presentations prior to the hearing. From: Jonathan Feiman [mailto:jfeiman@ecentral.com] Sent: Wednesday, August 03, 2011 10:26 AM To: Steve Roy; Paul Eckman Cc: Darin Atteberry Subject: Questions re ODP / PDP appeal Steve and Paul, We would appreciate a response to these questions sent last week, plus the following:. 4. When will the transcript of the Planning & Zoning hearing will be made available, date -certain? Tomorrow will be seven weeks since June 16th. Further delay may make it necessary to request postponement of the 8/3/2011