Title
Discussion of a request to postpone an appeal of the Planning Commission’s decision to affirm the administrative decision for the approval of a multi-family residential development plan, known as Launchpad Apartments, located at 864 North 19th Street to the August 8, 2023 Regular City Council meeting.
(Quasi-Judicial)
Related Files: APPL-23-0002
Presenter:
William Gray, Senior Planner, Planning and Community Development
Peter Wysocki, Director of Planning and Community Development
Body
Summary:
Owner: Pikes Peak Real Estate Foundation, Inc
Developer: Cohen Esrey and The Place
Representative: NES, Inc
Location: 864 North 19th Street
A postponement request was made by Tracey Bradford, on behalf of a group of 22 people (“Appellant Group”) to postpone this item to a regular City Council meeting date in September 2023. Unified Development Code (“UDC”) Code Section 7.5.415.C.3, Postponement, states the following:
a. Any request for postponement of a hearing may only be granted for good cause shown to
and found by the decision-making body (in this case the City Council).
b. If new or additional evidence is set forth as the grounds for a request for a postponement,
the appeal may be referred to the body that made the appealed-from decision for further hearing and recommendations.
The reason the postponement is needed by the Appellant Group is the spokesperson is out of state due to a family emergency, delayed or late availability of the audio for the June 15th Planning Commission appeal hearing, and that the 20 new members of the appellant group need additional preparation time. This request did not specify which regular meeting of City Council in September that they would prefer the appeal hearing to be heard. So, for the purpose of this work session discussion City Staff selected the first regular meeting of City Council, which is September 12, 2023.
The Applicant for the Launchpad Apartment project does not support the postponement request because the extended term of postponement or for that matter any postponement jeopardizes the viability of the proposed multi-family residential project.
City staff does not have a position on the postponement.
City Council cannot vote to postpone the hearing at a work session. Formal motions and votes must be made at the regular meeting. However, Council may indicate an intent to postpone or not postpone after discussion at the work session.
commended Action
Proposed Motions:
Should the City Council decide to postpone the appeal hearing, the following motion is recommended to be used at the Regular Meeting:
Postpone the appeal to the August 8, 2023, City Council regular meeting finding that postponement is for good cause pursuant to UDC Section 7.5.415.C.3.a
Should the City Council decide not to postpone the appeal hearing, the following motion is recommended to be used at the Regular Meeting:
Deny the postponement based on the finding that the appellant has not shown good cause for the postponement as required by UDC Section 7.5.415.C.3.a
Summary of Ordinance Language:
N/A