HomeMy WebLinkAboutTHE GROVE AT FORT COLLINS - PDP - 16-10B - CORRESPONDENCE - LEGAL DOCUMENTS (3)Page 1 of 1
Steve Olt
From: Paul Eckman
Sent: Friday, July 08, 2011 2:22 PM
To: Steve Roy; Carrie Daggett
Cc: Steve Olt; Ted Shepard
Subject: appeal and filing of final plan
Sensitivity: Confidential
I heard that the Grove folks are getting ready to file a final plan (FP) even though the POP is on appeal. I have
said that they can do so under 2-48(a) of the City Code which says that any action taken while something is on
appeal is totally at the risk of the person taking such action. So, they stand the risk of losing a bunch of money
paying architects and engineers to prepare the FP and they lose the filing fee paid to us if the appeal goes sour
on them.
Steve Olt thinks they cannot file the FP because of LUC sections 2.1.3 (D) (2) and 2.5.2 which essentially say
that you can't file a FP until the POP has been approved by the appropriate "decision maker" being either hearing
officer of PZ Board. Steve thinks that now, the appropriate decision maker is the City Council, and they have to
wait.
I think it is stupid for them to file a FP because it will anger the Council that they are so presumptuous. I doubt
that a couple of months will make a big difference in construction timing, but that is just a guess on my part.
Even so, I think they have that right. I wouldn't fall on my sword on this though, and if you agree with Steve Olt
that is fine with me.
Ted Shepard said to me that Olt has already told them that we will not accept their FP application until the appeal
has been resolved in their favor, so this issue may come up when I am out, and I wanted you to know about it.
7/11/2011