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HomeMy WebLinkAboutTHE GROVE AT FORT COLLINS - PDP - 16-10B - CORRESPONDENCE - (53)City staffs position regarding the neighborhood meeting held for The Grove at Fort Collins POP on December 7, 2010 and the submittal for The Grove at Fort Collins POP made on December 8, 2010 is that they are valid as they relate to the General Procedural Requirements set forth in Division 2.1 and the Common Development Review Procedures for Development Applications set forth in Division 2.2 of the Land Use Code. As such, staff may continue to review the POP request and schedule it for the required Planning & Zoning Board public hearing at such time it is are considered to be ready for deliberation and decision. Finally, it is curious that the only mention that residents have received regarding this unofficial "open house" has been through the City's Planning Department. (See Attachment 2.) We understand and share the City's concern that the process be unassailable. We respectfully request your serious consideration of this important matter, and look forward to your response. Sincerely, Jane & Jere Potter 627 Gilgalad Way Stacy Poncelow 620 Gilgalad Way Sarah Burnett 714 Gilgalad Way Heather Stickler 633 Gilgalad Way Terry Podmore 733 Gilgalad Way Attachment 1: Text of Section 2.1.2{C) of the Fort Collins Land Use Code Attachment 2: Email String from March 31, 2011 between Steve Olt and Kevin Barrier regarding development review process of the ongoing appeal. However, the underlying (valid) ODP was at that time, and still is, the CSURF Centre for Advanced Technology ODP approved in February, 2003. Section 2.1.2(C) states, in part: "If the applicant desires to develop in two (2) or more separate project development plan submittals, an overall development plan (Division 2.3) will also be required prior to or concurrently with the project development plan. Overall development plans, project development plans and final plans are the three (3) types of development applications for permitted uses. Each successive development application for a development proposal must build upon the previously approved development application..." Because site specific development is occurring over time through separate project development plan submittals, there have been several overall development plans submitted by the land owner. The most recent ODP was approved in February, 2003 and is still the current, valid ODP of record. The Grove at Fort Collins, PDP application was invalidated by the City Council's rejection of The Grove, Overall Development Plan (ODP) on December 22, 2010. The December 7, 2010 Neighborhood Meeting was invalidated as it did not have an approved ODP, and the staff review of the PDP should have ceased as of the City Council denial of the ODP in December. There was no approved ODP in place or even proposed at the time of the staff review on December 29, 2010. As noted above, from L.U.C. Section 2.1.2(C): "Each successive development application for a development proposal must build upon the previously approved development application..." In this case, as soon as the ODP approval was overturned by City Council, there was no previously approved Overall Development Plan underlying The Grove at Fort Collins, PDP. The Grove at Fort Collins PDP application was submitted to the City of Fort Collins on December 8, 2010. At that time there was a valid, underlying CSURF Centre for Advanced Technology ODP of record dated February 23, 2003 and an approved Amended CSURF Centre for Advanced Technology ODP that was still in the City's development review process. The Amended ODP would not be denied by City Council until December 21, 2010. The neighborhood meeting held on December 7, 2010 was advertised for The Grove at Fort Collins PDP. As previous stated, holding a neighborhood meeting for a PDP is independent of the status of an ODP. At the time of staff review on December 29, 2010 for The Grove at Fort Collins PDP there was an underlying, valid ODP dated February 23, 2003. In addition, Mr. Olt's email mentions a potential meeting outside of the City process. In order to ensure a transparent process, meetings need to be part of the official process required by the Land Use Code. The Neighborhood Meeting strives to provide an objective forum where applicant and residents are gathered and all hear the same questions and answers. The aforementioned email of March 31, 2011 does mention an open house to be hosted by Campus Crest of Fort Collins, LLC and the Institute for the Built Environment (at CSU) only because City staff had been made aware of the upcoming open house and wanted to make neighbors aware of it, also. The intent was not to infer that it was part of the City's official process, because it was not. A "dog and pony" style event - carefully orchestrated and controlled by the Applicant, with individual "stations" where statements cannot be documented and for which there is no way to ensure accountability - is not an acceptable substitute for a valid Neighborhood Meeting. And, as noted above, the Neighborhood Meeting held on December 7, 2010 (as well as all other portions of The Grove at Fort Collins, PDP review process) was not part of a valid PDP review process because the underlying ODP was subsequently denied on appeal by City Council. There has been no valid Neighborhood Meeting for The Grove at Fort Collins, PDP. To: Steve Olt Cc: Paul Eckman, Steve Roy Re: The Grove at Fort Collins Development Review Process Date: April 15, 2011 As you are aware, the various proposals submitted by Campus Crest and the related development review process have created a great deal of concern among citizens. It is clear that it is in the City's best interest to make sure that all provisions of the current Land Use Code are met so that the Applicant and all other interested parties can be assured of a fair and unassailable process. In reading Steve Olt's recent emails to Residents and Interested Parties regarding The Grove at Fort Collins, PDP, we want to raise concerns that require prompt review on the part of the City. Most urgently, the entire The Grove at Fort Collins, PDP process needs to be immediately ceased and restarted from the beginning because there was no underlying, current Overall Development Plan in place at the time of the mailed notice to residents late November 2010, at the time of the Neighborhood Meeting on December 7, 2010, at the time of PDP submittal on December 8, 2010, at the time of Determination of Sufficiency on an unknown date, at the time of initial staff review with the Applicant on December 29, 2010, or at the time the staff comments were issued on January 4, 2011. There has been a valid, approved CSURF Centre for Advanced Technology Overall Development Plan since September, 1985. There have been 3 amendments to the ODP, with the most recent being approved in February, 2003. Since the original ODP approval in 1985 there have been 22 site specific development plans approved in conformance with the ODP of record at that time. On July 13, 2010 an Amended CSURF Centre for Advanced Technology ODP was filed with the City of Fort Collins for review of consistency with The Grove Project Development Plan that was submitted on July 13, 2010 and under review by City staff. This Amended ODP was reviewed concurrent with the PDP and was ultimately discussed and approved by the Planning & Zoning Board on October 21, 2010. The Board's approval of the ODP was appealed to City Council by several citizens. That appeal, where Council overturned the Board's approval, was heard on December 21, 2010. As stated in Section 2.2.2(C) of the Land Use Code (in part): "If a neighborhood meeting is required, the meeting shall be held prior to submittal of a development plan application ... ". The neighborhood meeting that was held on December 7, 2010 was advertised for The Grove at Fort Collins PDP. At that time there was a valid ODP dated February 23, 2003 and an approved Amended ODP that was under appeal. However, holding a neighborhood meeting for a PDP is independent of the status of an ODP. As set forth in Section 2.2.2(A) of the Land Use Code (in part): "The purpose of the neighborhood meeting is for such development applications to be presented to citizens of area neighborhoods and for the citizens to identify, list and discuss issues related to the development proposal". Campus Crest initiated the second project development plan review process - for The Grove at Fort Collins, PDP - very quickly after the denial of The Grove, PDP by the Planning and Zoning Board on November 19, 2010. Campus Crest was aware that the underlying The Grove, Overall Development Plan (ODP) was under appeal at the time that The Grove at Fort Collins, PDP was submitted on December 7, 2010. The Applicant undoubtedly was aware they were proceeding at their own risk by submitting a PDP application when the fate of the underlying OOP was under appeal and therefore uncertain. It would appear that the Applicant was aware that they were proceeding at their own risk by submitting The Grove at Fort Collins PDP application with the fate of the approved Amended CSURF Centre for Advanced Technology ODP uncertain because Page 1 of 1 Steve Olt From: Steve Olt Sent: Monday, May 02, 2011 9:22 AM To: Jere Potter; Sarah Burnett; 'sponcelow@comcast.net'; Stickler Heather; Heather and Paul; Terry Podmore Cc: Ted Shepard; Paul Eckman; Karen Cumbo Subject: staff response - April 15, 2011 letter Attachments: Word -The GroveLetter,4-15-11.doc Dear Concerned Residents, City staff has prepared a response to your letter dated April 15, 2011 expressing concerns about The Grove at Fort Collins Development Review Process. You will find the response attached to this e-mail. Steve Olt City's Project Planner 970-221-6341 solt@fcoov.com 5/2/2011