HomeMy WebLinkAboutTHE GROVE AT FORT COLLINS - PDP - 16-10B - CORRESPONDENCE - (46)Paul Eckman
April 26, 2011
Page 2
determine and find that the development application complies with all of the standards required
for the applicable development application which, for a PDP, includes consistency with the
approved ODP per LUC Sec. 2.4.2(H). Please also note that Sec. 2.4.2(H) refers to a "plan" and
not a "submittal", clearly meaning that no approval of a PDP by the decision maker can occur
without prior or concurrent approval of an ODP which is consistent with the PDP.
4. City staff notified the applicant's planner that another amended ODP would need to
be filed after the prior ODP amendment was overturned by City Council and staff has
consistently advised the applicant that review of the new PDP could continue, but that it could
not progress to a public hearing and decision by the Planning and Zoning Board until an
amended ODP had been submitted to the City and reviewed by staff against the ODP criteria (see
the Staff Project Review Comments for the new PDP dated December 28`h and January 4'h, and
the Development Team Meeting comments dated April 201h). A new ODP amendment was
submitted March 301h; it will be considered by the Planning and Zoning Board prior to the
Board's consideration of the new PDP.
5. We understand that neighbors in the vicinity of the amended ODP and new PDP have
obtained copies of all of documentation from the City's files regarding these projects and should
be fully apprised of the process to date. Note also that Steve Olt has also advised the neighbors
directly via email of the status of each project
In closing, there is no basis in law or in fact for allegations made by the residents of
Gilgalad Way in their April 15, 2011 letter and, therefore, we assert that the concept review,
neighborhood meeting, application submittal and subsequent review of The Grove at Fort Collins
PDP by City staff have all been conducted in accordance with the Land Use Code. The
development review processes set forth in the Land Use Code should be allowed to proceed to
conclusion.
Sincerely,
LILEY, ROGERS & MARTELL, LLC
LAL/jpk
LILEY, ROGERS & MARTELL, LLC
ATTORNEYS AT LAW
April 26, 2011
W. Paul Eckman
Deputy City Attorney Via email to:
City of Fort Collins weckman(a,fcgov.com
300 LaPorte Avenue
Fort Collins, CO 80521
Re: The Grove at Fort Collins Development Review Process
Paul:
On April 15, 2011, five residents of Gilgalad Way submitted a letter to Steve Olt, with
copies going to you and Steve Roy, regarding the review process for The Grove at Fort Collins
PDP. We obtained a copy of the letter from Steve Olt. In summary, the memo alleges the
following:
There is no approved ODP upon which to base the PDP, therefore,
the entire review process thus far has been invalid and the PDP
must be resubmitted and the development review process started
over.
After a review of the Land Use Code and our files, I would respond as follows:
1. There is an approved ODP dated February 2003. What was approved by the Planning
and Zoning Board on October 2151 but ultimately denied on appeal by the City Council on
December 2151 was an amendment to the approved ODP. The fact that the amended ODP
approval was overturned by the City Council does not invalidate the underlying ODP; the ODP
y`n'r w approved in February 2003 remains valid and in a ect. �N f-
Wy i DP " 2. Nothing in the Land Use Code precluded the applicant from submitting a new PD we P yo
during the pendency of the appeal of the ODP amendment (or even during the pendency of the
PDP appeal). The applicant was willing to pay the submittal fees and, in the absence of Land
Use Code provisions that prohibited the submittal-, City staff accepted the submittal consisten
with its past practice.
3. There are no Land Use Code provisions or submittal checklist requirements that state
that ODP consistency is a prerequisite for PDP submittal; consistency with an approved ODP is a —Fve r
requirement for approval of a PDP that is to be decided by the decision maker. See LUC Sec.
2.2.8 which states that to approve a development application, the decision maker must first
LUCIA A. LILEY G JAMES A. MARTELL ! TODD W. ROGERS u JOSHUA C. LILEY
THE PETER ANDERSON HOUSE n 300 SOUTH HOWES STREET a FORT COLLINS, COLORADO 80521
TELEPHONE: (970) 221-4455 0 FAX: (970) 221-4242