HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2022 - SECOND READING OF ORDINANCE NO. 041, 2022, ADOPTIN Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY April 19, 2022
CDNS-Planning
STAFF
Pete Wray, Senior City Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 041, 2022, Adopting a Development Agreement Extending the Term of
Vested Rights for the Mulberry & Greenfields Planned Unit Development Master Plan.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 5, 2022, considers the development
agreement regarding the Mulberry & Greenfields Planned Unit Development (P UD) Master Plan to extend the
term of vested rights from three years to fifteen years. If this item is pulled off the Consent Calendar, the
process for considering the Ordinance will be as follows:
• City Staff presentation
• Applicant presentation (suggested time: 10 minutes)
• Public comment
• Council deliberation
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, April 5, 2022 (w/o attachments) (PDF)
2. Ordinance No. 041, 2022 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY April 5, 2022
CDNS-Planning
STAFF
Pete Wray, Senior City Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 041, 2022, Adopting a Development Agreement Extending the Term of Vested
Rights for the Mulberry & Greenfields Planned Unit Development Master Plan.
EXECUTIVE SUMMARY
The purpose of this item is to consider the development agreement regarding the Mulberry & Greenfields
Planned Unit Development (PUD) Master Plan to extend the term of vested rights from three years to fifteen
years. If this item is pulled off the Consent Calendar, the process for considering the Ordinance will be as follows:
•City Staff presentation
•Applicant presentation (suggested time: 10 minutes)
•Public comment
•Council deliberation
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A.Mulberry & Greenfields Planned Unit Development Master Plan and Overlay
The Mulberry & Greenfields Planned Unit Development Master Plan (“Mulberry PUD Master Plan”), ODP210002,
was approved by the Planning and Zoning Commission on December 16, 2021, to create the associated planned
unit development overlay (“PUD Overlay”) pursuant to Land Use Code Division 4.29. Because the property to
which the PUD Overlay applies was less than 640 acres in size, the Planning and Zoning Commission was the
decision maker pursuant to the Land Use Code but Council remains the decision maker regarding whether to
grant extended vested rights. A copy of the Mulberry PUD Master Plan is attached to the proposed Development
Agreement. The Mulberry PUD Master Plan substitutes for the requirements of an Overall Development Plan for
real property within the approved Overlay to existing zoning. Within the Overlay, existing zoning and applicable
Land Use Code requirements continue to apply, except to the extent modified by or inconsistent with the Mulberry
PUD Master Plan. The Mulberry PUD Master Plan document consists of sheets 1-18 and the approved modified
land uses, densities, and development standards that are part of the associated Overlay are included in sheets
7-16.
At the time of the Mulberry PUD Master Plan approval, the branding of the future development project was not
finalized. The name for the development moving forward is “Bloom”.
B.Vested Rights
ATTACHMENT 1
COPY
Agenda Item 12
Item # 12 Page 2
Land Use Code (LUC) Divisions 2.15 and 4.29 provide for the establishment of a planned unit development
(PUD) overlay that is superimposed upon existing zoning and allows additional uses and modified densities and
development standards not otherwise available in the underlying zoning. LUC Section 2.2.11(C) states that in
connection with an approved PUD overlay and its associated PUD master plan, additional uses, modified
densities and development standards, Engineering Standards granted variances pursuant to LUC Section 4.29
(L), and development standards that have not been modified are eligible for a vested property right.
Vested property rights are governed by state law and the LUC. A vested property right is the right to “undertake
and complete the development and use of property under the terms and conditions of a site- specific
development plan.” (§ 24-68-102, C.R.S.) A PUD overlay is a site-specific development plan for purposes of
acquiring vested property rights, and during the period for which a vested property right is valid, the holder of the
right is able to develop with the assurance that the uses, densities, and standards that have been accorded
vested property rights cannot be changed by the City except in limited circumstances.
B. Extended Vested Rights Period
Vested property rights associated with a PUD overlay are not valid for more than three years unless the City and
developer enter into a development agreement extending the vesting. In order for the City to enter into such a
development agreement, the Director of the Community Development and Neighborhood Services Department
(“Director”) must first determine, “that it will likely take more than three (3) years to complete all phases of the
development and the associated engineering improvements for the development, and only if warranted in light
of all relevant circumstances, including, but not limited to, the overall size of the development and economic
cycles and market conditions.” (LUC Section 2.2.11(C)(2)) If the Director determines that extended vesting is
justified, then Council may approve a development agreement regarding extended vested rights by means of an
ordinance.
The Mulberry PUD Master Plan developer, Mulberry Development, LLC, (“Developer”) has requested
extended vesting for a period of fifteen years for additional uses, modified densities and development
standards, and development standards that have not been modified. The letter requesting extended vesting is
attached and contains the Developer’s justification why Council should grant extended vesting including: (A) the
size and complexity of the project; (B) multiple phases; (C) economic fluctuation; (D) significant up-front
investment for the land and entitlements to develop property; and (E) the significant public benefits of the
proposed development.
The Director has determined that extended vesting is justified as stated in the written determination dated
February 23, 2022. The Development Agreement sets forth the additional uses, modified densities and
development standards, and development standards that have not been modified for which the Developer is
seeking extended vested rights for fifteen years and additional terms to clarify the City’s and Developer’s
respective obligations regarding such extended vested rights.
Council’s decision whether to approve the Development Agreement is legislative. In deciding whether to approve
the Development Agreement and grant the extended vesting request, Council may wish to consider whether it
will take fifteen years to complete all phases of the development and the associated public infrastructure
considering the size and complexity of the development, the future economic cycles and market conditions that
may impact the development, and other issues Council believes are relevant for consideration.
BOARD / COMMISSION RECOMMENDATION
No board or commission recommendation regarding the Development Agreement was made or required. On
December 16, 2021, the Planning and Zoning Commission approved by a vote of (5-0) the Mulberry &
Greenfields PUD Master Plan and Overlay. The Planning and Zoning Commission approval created a three-year
term of vested rights for certain uses, densities, and development standards within the Mulberry PUD Master
Plan and the Developer is requesting that period to be extended to fifteen years.
COPY
Agenda Item 12
Item # 12 Page 3
PUBLIC OUTREACH
No public outreach regarding the Development Agreement was conducted. Public outreach regarding the
Mulberry PUD Master Plan and Overlay was conducted.
ATTACHMENTS
1. Bloom Vesting Request (PDF)
2. Powerpoint Presentation (PDF) COPY
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ORDINANCE NO. 041, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A DEVELOPMENT AGREEMENT EXTENDING THE TERM OF
VESTED RIGHTS FOR THE MULBERRY & GREENFIELDS
PLANNED UNIT DEVELOPMENT MASTER PLAN
WHEREAS, pursuant to Land Use Code Division 2.15, the Fort Collins Planning and
Zoning Commission is the decision maker regarding planned unit development overlay
applications for properties between fifty and six hundred and forty acres, and the property subject
to the Mulberry & Greenfields Planned Unit Development Master Plan consists of approximately
229.2 acres; and
WHEREAS, on December 16, 2021, the Fort Collins Planning and Zoning Commission
approved the Mulberry & Greenfields Planned Unit Development Master Plan (“PUD Master
Plan”), ODP210002, creating the associated planned unit development overlay as described in
Land Use Code Division 4.29; and
WHEREAS, pursuant to Land Use Code Section 2.2.11(C), the PUD Master Plan is eligible
to apply for vested property rights in excess of three years solely with respect to Land Use Code
uses, densities, and development standards, including those for which modifications have been
granted, and engineering standards for which variances have been granted; and
WHEREAS, vested property rights are normally valid for up to three years under Land Use
Code Section 2.2.11(C)(2) unless an extended period of vested rights is granted as memorialized
in a development agreement City Council adopts by ordinance; and
WHEREAS, the developer of the property subject to the PUD Master Plan, Mulberry
Development, LLC, (“Developer”) has requested extended vesting for certain PUD Master Plan
uses, densities, and development standards of the Land Use Code for a period of fifteen (15) years;
and
WHEREAS, pursuant to Land Use Code Section 2.2.11(C)(3), in order for City Council to
enter into a development agreement that extends vesting for a period of greater than three (3) years,
the Director of Community Development and Neighborhood Services must determine that it will
likely take more than three years to complete all phases of the development and the associated
engineering improvements for the development, and only if warranted in light of all relevant
circumstances, including, but not limited to, the overall size of the development and economic
cycles and market conditions; and
WHEREAS, the Director of Community Development and Neighborhood Services has
determined that it will likely take more than three (3) years to complete all phases within the
Mulberry & Greenfields PUD Overlay and the associated engineering improvements and that the
granting of extended vesting for fifteen (15) years is warranted in light of all relevant
circumstances and such determination is attached as Exhibit “A” and incorporated herein; and
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WHEREAS, a development agreement (“Development Agreement”) setting forth the uses,
densities, development standards of the Land Use Code, and the terms of the extended vesting for
fifteen (15) years upon the effective date of this Ordinance is attached as Exhibit “B” and
incorporated herein; and
WHEREAS, City Council finds that the extended vesting for a period of fifteen (15) years,
including tolling of the vested rights period during any moratorium and the obligation to participate
in the defense of legal challenges, is warranted because of : (1) the large size of the PUD Property;
(2) the significant investment in public infrastructure improvements which will be required to be
made by the Developer; (3) the mixed-use nature, housing variety, new urbanist design principles,
unique design standards, and infrastructure improvements of the PUD Master Plan; (4) the
anticipated fifteen (15)-year build-out of the PUD Master Plan in multiple phases; and (5)
expected changes in economic cycles and varying market conditions over such build-out period;
and
WHEREAS, City Council finds that approval of the Development Agreement is consistent
with the Land Use Code and the PUD Master Plan and PUD overlay and is in the best interests of
the citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Development Agreement is hereby approved by the City Council.
Section 3. That the Mayor is authorized to execute the Development Agreement on
behalf of the City.
Section 4. That a copy of this Ordinance with all attachments shall be recorded in the
Office of the Larimer County Clerk and Recorder promptly after the effective date of this
Ordinance with all recording fees paid by the Developer.
Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2022, and to be presented for final passage on the 19th day of April, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 19th day of April, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
Date: March 3, 2022
To: Mayor Arndt and City Councilmembers
Thru: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
Caryn Champine, Planning, Development and Transportation Director
From: Paul Sizemore, Community Development & Neighborhood Services
Director
Re: Bloom Extended Vesting Determination
The purpose of this memo is to provide City Council with a written determination finding
that a vesting period of fifteen years is justified for the Bloom Planned Unit Development
(PUD), which was approved by the Planning and Zoning Commission on December 16,
2021.
Background:
The Land Use Code provides that development rights for an approved development are
typically valid for a period of three (3) years. Pursuant to Land Use Code Section
2.2.11(C), a PUD Master Plan is eligible to apply for a vested property right with respect
to uses, densities, development standards, and engineering standards for which
variances have been granted for a period of greater than three (3) years. If granted, this
extension of development rights is memorialized by the City and the developer entering
into a development agreement which vests the property right for a specified period of
time.
Such agreement may be entered into by the City if the Director of Community
Development & Neighborhood Services determines that it will likely take more than
three (3) years to complete all phases of the development and the associated
engineering improvements for the development, and only if warranted in light of all
relevant circumstances, including, but not limited to, the overall size of the development
and economic cycles and market conditions.
The Bloom PUD represents one of the largest greenfield development opportunities
remaining in the city. At 226 acres, the project is expected to result in 1,600 dwelling
units and more than 35 acres of commercial and mixed-use development.
EXHIBIT A
The project is proposed to develop in multiple phases over the course of 15 years with a
planned residential unit absorption of approximately 150 units per year. Each phase of
development will require a project plan and final plan to ensure compliance with the
PUD Master Plan and provision of public benefits and infrastructure.
Bloom’s proposed mix of uses, variety of housing, system of open space, new urbanist
design principles, unique design standards, and infrastructure improvements will take
many years to be realized. The developer’s upfront investments in the project and the
uncertainty of economic fluctuations during this time necessitates assurance from the
City that the approved PUD Master Plan will continue to serve as the approved plan for
all phases of development for the anticipated duration of buildout.
Given the scale of the project, I have determined that it will take more than three (3)
years to complete all phases of the development and the associated engineering
improvements, that extended vesting beyond three years is warranted in light of the
large size of the development and potential market cycles and changes in market
conditions. Based on the approved PUD Master Plan and development phasing plan, I
find that the request for a 15-year vesting period is reasonable.
Next Steps
In order to extend the vested property rights from three years to fifteen years, a
development agreement must be adopted by ordinance by City Council.
EXHIBIT A
PURSUANT TO TITLE 24, ARTICLE 68, C.R.S. AND
FORT COLLINS LAND USE CODE 2.2.11(C),
THIS AGREEMENT IS A SITE SPECIFIC DEVELOPMENT PLAN, THE APPROVAL
OF WHICH CREATES A
VESTED PROPERTY RIGHT, VALID FROM THE EFFECTIVE DATE OF THE
ADOPTING ORDINANCE
PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR THE
MULBERRY & GREENFIELDS PLANNED UNIT
DEVELOPMENT OVERLAY AND MASTER PLAN
DATED , 2022
EXHIBIT B
TABLE OF CONTENTS
RECITALS ........................................................................................................................ 3
SECTION I. DEVELOPMENT DOCUMENTS ........................................................... 5
SECTION II. VESTED PROPERTY RIGHT. ..............................................................7
SECTION III. FEES ...................................................................................................... 10
SECTION IV. MISCELLANEOUS ............................................................................. 10
EXHIBITS
Exhibit A – Definitions
Exhibit B – PUD Master Plan
Exhibit C – Legal Description
Exhibit D – Depiction of PUD Property
Exhibit E – Vested Property Rights Determination
PURSUANT TO TITLE 24, ARTICLE 68, C.R.S.
AND FORT COLLINS LAND USE CODE 2.2.11(C),
THIS AGREEMENT IS A SITE SPECIFIC DEVELOPMENT PLAN, THE
APPROVAL OF WHICH CREATES A VESTED PROPERTY RIGHT
UNDER TITLE 24, ARTICLE 68, C.R.S., VALID FROM
THE EFFECTIVE DATE OF THE ADOPTING ORDINANCE
PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR
THE MULBERRY & GREENFIELDS PLANNED UNIT
DEVELOPMENT OVERLAY AND MASTER PLAN
THIS PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR THE
MULBERRY & GREENFIELDS PLANNED UNIT DEVELOPMENT OVERLAY
AND MASTER PLAN (the "Agreement") is made and entered into this _____
day of _____________, 2022, by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation of the State of Colorado ("City") and
Mulberry Development, LLC, a Colorado Limited Liability Company
("Developer"); Springer-Fisher, Inc., a Colorado corporation; and Whitham Farms
LLC, a Colorado Limited Liability Company; Springer-Fisher, Inc., and Whitham
Farms LLC being collectively referred to herein as “Owners.”
For and in consideration of the mutual promises and covenants herein
contained and other good and valuable consideration, the receipt and adequacy
of which are hereby confessed and acknowledged, the parties agree as follows:
RECITALS
This Agreement is made with respect to the following facts:
A.Capitalized terms have the meanings set forth in Exhibit A attached
hereto and incorporated herein by reference.
B.The Developer desires to develop the PUD Property and on
December 16, 2021, the Fort Collins Planning and Zoning Commission approved
the PUD Master Plan, ODP210002, and the associated PUD Overlay.
C.The legislature of the State adopted the Vested Property Rights Statute
to provide for the establishment of vested property rights in order to ensure
reasonable certainty, stability and fairness in the land use planning process and in
order to stimulate economic growth, secure the reasonable investment-backed
expectations of landowners and foster cooperation between the public and private
sectors in the area of land use planning. The Vested Property Rights Statute
authorizes the City to enter into development agreements with landowners providing
for a period of vesting of property rights exceeding three (3) years.
D.Pursuant to the PUD Overlay Regulations, the PUD Master Plan is
eligible for a vested property right with respect to the Vested Master Plan
Components.
E.The PUD Overlay Regulations allow for a term of a vested property
right to exceed a three (3) year period if the City and the Developer enter into a
development agreement which vests the property right for a period exceeding three
(3)years, and further provides that such an agreement may be entered into by the
City if the Director determines that (i) it will likely take more than three (3) years to
complete all phases of the Project and the associated engineering improvements
pursuant to the PUD Master Plan; and (ii) if warranted in light of all relevant
circumstances including, but not limited to, the overall size of the PUD Property, and
economic cycles and market conditions (the "Vested Property Rights
Determination").
F.A vested property rights request was submitted by the Developer to the
City requesting vested property rights for a fifteen (15)-year period in connection
with the PUD Master Plan for the Vested Master Plan Components.
G.The granting of a vested property right in connection with the PUD
Master Plan for a period of fifteen (15) years is warranted in view of the following
factors: (1) the large size of the PUD Property; (2) the significant investment in
public infrastructure improvements which will be required to be made by the
Developer; (3) the mixed-use nature, housing variety, new urbanist design
principles, unique design standards, and infrastructure improvements of the PUD
Master Plan; (4) the anticipated fifteen (15)-year build-out of the PUD Master Plan
in multiple phases; and (5) expected changes in economic cycles and varying
market conditions over such build-out period.
H.On February 23, 2022, the Director made the Vested Property Rights
Determination, attached hereto as Exhibit E, that extended vesting for fifteen (15)
years is appropriate.
I.Development of the PUD Property as proposed will provide
substantial benefits for the City including large-scale comprehensive master-
planning, implementation of certain New Urbanism principles in the PUD Master
Plan, a non-potable irrigation system, attainable and affordable housing, energy
and water conservation, natural areas, housing variety, as well as other benefits
detailed in the Public Benefits Agreement for the Mulberry Metropolitan District
(Nos. 1-6), all of which promote the general welfare of the citizens of the City and
others.
J.In addition to the benefits described above, development of the PUD
Property will require substantial Developer investments in public facilities,
including, but not limited to, multi-modal transportation improvements, roads,
utilities, storm water facilities, parks, trails, and open spaces, which will serve the
needs of the Project and the City. Completion of these facilities and provision of
the public benefits will require substantial investments by the Developer. The
Developer is willing to make such investments only if the vested property rights as
set forth in this Agreement are provided.
K.Development of the PUD Property in accordance with the
Development Documents will provide for orderly growth, ensure reasonable
certainty in the land use planning process and otherwise achieve the goals and
purposes for which the Vested Property Rights Statute and the PUD Overlay
Regulations were enacted. In exchange for these benefits and the other benefits
to the City contemplated by this Agreement, together with the public benefits
served by the orderly development of the PUD Property, the Developer desires to
receive the assurance that it may undertake and complete development of the
Project pursuant to the Development Documents within the Vesting Term.
L.The Parties intend to identify in this Agreement the Vested Master
Plan Components all as specified in the approved PUD Master Plan, for which
extended vesting is granted; and (2) the rights and obligations of the Developer
and its successors and assigns, the City and the Owners appropriate for
identification at the master planning level with respect to development of the PUD
Property.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and agreements contained herein, such consideration being acknowledged as
sufficient and of significant value to the Parties, the Parties agree as follows:
I.DEVELOPMENT DOCUMENTS
A.Relationship to City Regulations. The Parties intend that this
Agreement, the PUD Master Plan, the City Regulations, and any State or federal
laws the City must comply with, collectively, shall govern development of the PUD
Property. Except as otherwise stated in this Agreement, if any provision or
requirement of the City Regulations that conflict with or otherwise materially impair
or abnegate any matters that are specifically addressed in this Agreement, the
applicable terms and conditions of this Agreement shall control and govern. In the
case of any express or implied conflict between this Agreement and the PUD
Master Plan, the provisions of this Agreement shall control.
B.Compliance with PUD Master Plan. All future development of the
Development Property shall require an approved Basic Development Review,
Project Development Plan, and/or Final Plan in accordance with the requirements
of the Land Use Code and/or the PUD and such development shall be in
compliance with the PUD Master Plan and any applicable State or federal laws the
City must comply with. Prior to the development of any portion of the Development
Property, Developer acknowledges that it will be required to submit the applicable
plans for that phase of development and enter into a development agreement with
the City for, among other obligations imposed therein, the construction and
maintenance of public improvements for such phase, including regional
improvements as required by applicable provisions of the PUD Master Plan or the
City Regulations, or both.
C.Amendment or Termination.
1.Amendments to, or the termination of, the PUD Master Plan
shall be governed by the applicable provisions of the PUD Overlay
Regulations and this Section I.C.
2.The Developer is acknowledged by the Parties to be authorized
to request amendments to the PUD Master Plan pursuant to Section
4.29(I)(2) of the PUD Overlay Regulations, provided the conditions set forth
therein are met.
3.Subject to Section 4.29(I)(2)(a)2.b. of the PUD Overlay
Regulations regarding ownership or control of PUD Property, the Developer
and its successors and assigns to whom the Developer has granted such
right in writing, may initiate and process an amendment to the PUD Master
Plan without the consent of other owners of property within the PUD
Property.
4.The provisions of this Section I.C. shall be a binding covenant
upon the Developer and their respective successors, heirs, legal
representatives and assigns, and shall constitute covenants and/or
servitudes which touch, attach to and run with the title to the PUD Property
or any portion thereof and, upon recordation of this Agreement, shall be
deemed to have met the requirements of Section 4.29(I)(2)(a)2.c. of the
PUD Overlay Regulations.
5.An amendment to the PUD Master Plan, to any approved Final
Plan or to a condition of approval of any such amendment shall not constitute
or require an amendment to this Agreement. Nothing in this Agreement shall
limit the ability of the City, in accordance with applicable City Regulations,
to approve or deny any such amendment, or to attach conditions to an
approval of any such amendment based on applicable City Regulations,
provided, however, that no amendment to the PUD Master Plan, or to any
condition of approval thereto, shall have the effect of terminating or
materially changing the vested property right afforded the Vested Master
Plan Components as set forth in Section II below.
D.Incorporation of Recitals. The recitals A-L above are
hereby incorporated into the body of this Agreement.
II.VESTED PROPERTY RIGHT
A.Acknowledgements. The Developer and the City acknowledge the
following:
1.The Development Property, in its entirety, is estimated to have
a build-out period of fifteen (15) years or more.
2.The Project will require substantial financial commitments and
the design and installation of major public infrastructure improvements in the
early phases of and throughout the development of the Development
Property.
3.A material consideration of the Developer's development of the
Development Property under the PUD Master Plan is the City's agreement
that the Developer has the right to undertake and complete development of
the Development Property in accordance with the terms and conditions of
the Development Documents.
4.The Developer has requested a vested property right for a
period of fifteen (15) years from the Effective Date solely with respect to
existing permitted uses, densities and Development Standards of the Land
Use Code and to the approved modifications of such uses, densities and
Development Standards of the Land Use Code, all of which are attached
hereto at Exhibit B and incorporated herein by reference (the "Vested
Master Plan Components").
5.For the sole purpose of acquiring a vested property right for the
Vested Master Plan Components, the City finds that the PUD Master Plan
and this Agreement are each a Site Specific Development Plan eligible for
a vested right pursuant to the PUD Overlay Regulations and the Vested
Property Rights Statute.
B.Vested Property Right Granted. To the extent consistent with the
provisions of this Agreement, the parties intend that the Development Property be
granted a vested property right to the fullest extent available under the Vested
Property Rights Statute and the PUD Overlay Regulations. The rights identified
below shall constitute the vested property right under this Agreement:
1.The right to develop the land uses that are included within the
Vested Master Plan Components.
2.The right to develop such land uses in accordance with the
Vested Master Plan Components, to the extent set forth in and pursuant to
the Development Documents.
3.The right to develop the Development Property in accordance
with the Vested Master Plan Components in the order, at the rate and at the
time as market conditions dictate, subject to the terms and conditions of the
Development Documents.
4.In consideration of the acknowledgements described above in
Section II.A., the public benefit to be derived from the development of the
Development Property and the obligations and commitments of the
Developer pursuant to this Agreement and to the extent permitted by law
and not inconsistent with the Vested Property Rights Statute, the City shall
be precluded from taking any zoning or land use action by the City, or
pursuant to an initiative (including but not limited to any zoning law of general
applicability adopted by the City or pursuant to an initiative as well as any
zoning or development regulations that have previously been adopted by
the City and applicable to the Development Property), that would alter,
impair, prevent, diminish, impose a moratorium on development, or
otherwise delay the development or use of the Development Property as set
forth in this Agreement, except as otherwise provided in Section 24-68-104
of the Vested Property Rights Statute. Accordingly, and notwithstanding any
provision of the Land Use Code to the contrary, the Development
Documents shall not lapse, expire or be subject to any form of "staleness"
review during the Vesting Term. To the extent that any moratorium or other
delay in development or use of the Development Property that is permitted
under the Vested Property Rights Statute is imposed on development of the
PUD Property, the Vesting Term shall be extended one day for each day
that such moratorium is in effect.
C.Term of Vested Property Right.
1.The term of the vested property right granted in the above-
referenced Section II.B. shall commence on the Effective Date and shall
continue for a period of fifteen (15) years from the Effective Date ("Vesting
Term").
2.The Vesting Term is granted pursuant to the PUD Overlay
Regulations and Section 24-68-104 of the Vested Property Rights Statute
which authorizes local governments to enter into development agreements
granting vested property rights for a period exceeding three (3) years where
warranted in light of all relevant circumstances.
3.Individual Site Specific Development Plans within the PUD
Overlay shall be afforded vested property rights in accordance with the
Vested Property Rights Statute and the Land Use Code, including the PUD
Overlay Regulations, at the time such plans are approved by the City.
Vested rights for such approved Site Specific Development Plans shall be
for a period of up to three (3) years unless otherwise extended pursuant to
the Land Use Code and the PUD Overlay Regulations.
4.The expiration of the vested property right granted herein shall
not affect (1) the PUD Master Plan; (2) any common-law vested rights
obtained prior to such termination; or (3) any right arising from City permits
or approved Final Plans within the Development Property or other
entitlements for the Development Property which were granted or approved
concurrently with or subsequent to the approval of the Development
Documents.
D.Subsequent Review and Approvals. Nothing in this Section II shall
exempt the PUD Master Plan or Project Development Plans or Final Plans or plans
subject to Basic Development Review within the Development Property from
subsequent reviews and approvals by the City to ensure compliance with the terms
and conditions of the approved PUD Master Plan, such Project Development Plans
or Final Plans or plans subject to Basic Development Review and this Agreement,
provided that such subsequent reviews and approvals are not inconsistent with the
original approvals of the PUD Master Plan, such Project Development Plans or Final
Plans or plans subject to Basic Development Review and this Agreement.
E.No Obligation to Develop. The Developer shall have no obligation to
develop all or any portion of the PUD Property and shall have no liability under this
Agreement to the City or to any other party for its failure to develop all or any part
of the PUD Property. The Developer and the City contemplate that the
Development Property will be developed in phases and that the Developer shall
have the right to determine the timing of the various phases of development within
the Development Property. The Developer shall have no obligation to develop all
or any portion of any phase, notwithstanding the development or non-development
of any other phase, and the Developer shall have no liability under this Agreement
to the City for its failure to develop all or any portion of any phase of the
Development Property. Notwithstanding the foregoing, if the Developer
commences development of all or any portion or phase of the Development
Property, the Developer shall be required to construct the public improvements
required to support such development in accordance with the terms and conditions
of any development agreement(s) which the Developer and the City may execute
in connection with any subsequently approved Final Plan or plan subject to Basic
Development Review. Nothing in this Agreement shall be construed as relieving
the Developer of any obligation or liability for completion of any public
improvements required by any development agreement(s) hereafter executed by
the Developer.
F.Exceptions to Vested Property Right. The Developer acknowledges
that the Vested Property Rights Statute contains certain exceptions which are set
forth in C.R.S. 24-68-105 thereof and agrees that such exceptions shall apply to
the vested property right granted herein which is based on the Vested Property
Rights Statute.
III.FEES
Notwithstanding any language to the contrary in this Agreement, Developer
agrees that each Final Plan and plan subject to Basic Development Review within
the Development Property shall be required to pay in full all applicable fees
pursuant to applicable City Regulations in connection with such project.
IV. MISCELLANEOUS
A.Attorneys' Fees. In the event of any litigation between the Parties
concerning the subject matter or enforcement of the terms of this Agreement, the
prevailing Party in such litigation shall be entitled to receive from the non-prevailing
Party, and shall be awarded, in addition to the amount of any judgment or other
award entered therein, all reasonable costs and expenses, including reasonable
attorneys' fees, incurred by the prevailing Party in such litigation.
B.City Findings. The City hereby finds and determines that the approval
and execution of this Agreement are in the best interest of the public health, safety
and general welfare of the City.
C.Cooperation in Defending Legal Actions. If any Legal Challenge
occurs, the Developer shall have the option, in its sole discretion, to defend such
Legal Challenge. In the event that the Developer elects to defend any such Legal
Challenge, the Developer, with the consent of the City, shall take the lead role in
defending any such Legal Challenge, including, but not limited to, preparing all
pleadings and other required documents, accomplishing any necessary service of
process, generating necessary correspondence among the Parties and paying one
hundred percent (100%) of both court filing fees and the costs of any expert
witnesses, depositions, interrogatories, transcripts or other similar costs. The City
and the Developer shall each pay its own attorney fees. Unless the City at its option
decides to take a more active role in defending any such Legal Challenge, the
Parties agree that the role of the City and the Developer therein shall be limited to
the following:
1.In the event of any Legal Challenge, the City agrees to
cooperate in the review and signing of pleadings and other documents
reasonably required to defend such Legal Challenge and in forms
reasonably acceptable to the City Attorney of the City; and
2.In the event the Developer decides to appeal any negative
judicial decision in connection with any Legal Challenge, the City agrees to
be named as an appellant along with the Developer and to cooperate in the
review and signing of pleadings and other documents reasonably required
in connection with such appeal and in forms reasonably acceptable to the
City Attorney of the City.
3.Although it is the intent of this provision that, consistent with its
commitments given to the Developer in this Agreement, the City shall
cooperate with the Developer in defending any Legal Challenge as long as
the Developer determines to continue such defense, it is expressly agreed
by the City and the Developer that in the event there is controlling legal
precedent established by either the Colorado Court of Appeals or Supreme
Court or the United States Court of Appeals or Supreme Court supporting
one or more of the positions taken by a party or parties challenging any of
the items described herein above, then to the extent of such precedent as it
applies to those positions, the City shall not be obligated to defend or
continue the defense of any such positions.
D.Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original and all of which
taken together shall constitute one and the same agreement.
E.Covenants/Binding Effect. This Agreement shall be binding upon, and
inure to the benefit of, the Parties and their respective successors, heirs, legal
representatives and assigns, and shall constitute covenants and/or servitudes,
which touch, attach to and run with title to the PUD Property.
F.Default.
1.Notice; Cure. If any Party defaults under this Agreement, the
non-defaulting Party shall deliver written notice to the defaulting Party of
such default in accordance with Section IV.N., and the defaulting Party shall
have thirty (30) days from and after receipt of such notice to cure such
default. If such default is not of a type which can be cured within such thirty
(30)day period and the defaulting Party gives written notice to the non-
defaulting Party within such thirty (30) day period that it is actively and
diligently pursuing such cure, the defaulting Party shall have a reasonable
period of time given the nature of the default following the end of such thirty
(30)day period to cure such default, provided that such defaulting Party is
at all times within such additional time period actively and diligently pursuing
such cure and provided further that in no event shall such cure period
exceed a total of six (6) months. Notwithstanding the cure period set forth
in this Section IV.F.1., Developer, its successors and assigns, shall have the
right to include a claim for breach of this Agreement in any action brought
under C.R.C.P. Rule 106 if Developer, its successors and assigns, believes
that the failure to include such claim may jeopardize its ability to exercise its
remedies with respect to this Agreement at a later date. Any claim for breach of
this Agreement brought before the expiration of the applicable cure period set
forth in this Section IV.F.1. shall not be prosecuted by Developer, its
successors and assigns, until the expiration of such cure period except as
set forth in this Agreement, and shall be dismissed by Developer, its
successors and assigns, if the default is cured in accordance with this
Section IV.F.1. In the event of a default by the Developer, the City reserves
the right to withhold approval of any pending development application for the
Project to the extent that the subject matter of such default is directly related
to such pending application.
2.Remedies. If any default under this Agreement is not cured as
described above, the non-defaulting Party shall have the right to enforce the
defaulting Party's obligation hereunder by an action at law or in equity,
including, without limitation, injunction and/or specific performance, and
shall be entitled to an award of any damages available at law or in equity. In
the event of a default by the Developer, the City reserves the right to withhold
approval of any pending development application for the Project to the extent
that the subject matter of such default is directly related to such pending
application.
G.Governing Law. This Agreement shall be construed under and
governed by the laws of the State of Colorado.
H.Governmental Immunity Act. No term or condition of this Agreement
shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, of the Colorado
Governmental Immunity Act, CRS § 24-10-101 et seq., or under any other law.
I.Integration; Amendment. This Agreement represents the entire
agreement between the Parties with respect to the subject matter hereof and there
are no oral or collateral agreements or understandings. The Parties agree that this
Agreement may be amended only by an instrument in writing signed by the City
and the Developer, or any successor or assign of the Developer to whom the
Developer has granted in writing the right to consent to any such amendment, it
being expressly acknowledged by the parties that consent of Developer's
successors or assigns to an amendment of this Agreement shall not be required
unless such right is granted in writing by the Developer.
J.Jurisdiction and Venue. The City and the Developer, its successors
and assigns, stipulate and agree that in the event of any dispute arising out of this
Agreement, the courts of the State of Colorado shall have exclusive jurisdiction
over such dispute and venue shall be proper in Larimer County, Colorado. All
Parties hereby submit themselves to jurisdiction of the State District Court, 8th
Judicial District, County of Larimer, State of Colorado.
K.Multi-Fiscal Year Obligations. To the extent that any of the obligations
of the City contained in this Agreement are or should be considered multi-fiscal
year obligations, such obligations shall be subject to annual appropriation by the
City Council, in its sole discretion, and the Developer shall not be entitled to rely
on a future appropriation in furtherance of any such obligation.
L.No Joint Venture or Partnership. No form of joint venture or
partnership exists between the Developer, the Owners and the City, and nothing
contained in this Agreement shall be construed as making the Developer, the
Owners and the City joint venturers or partners.
M.No Third Party Beneficiaries. Except as otherwise provided in this
Agreement, enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the City,
the Developer, its successors and assigns, and the Owners and nothing contained
in this Agreement shall give or allow any such claim or right of action by any third
party. Except as otherwise provided in this Agreement, it is the express intention
of the City, the Developer, its successors and assigns, and the Owners that any
other person receiving services or benefits under this Agreement shall be deemed
to be an incidental beneficiary only.
N.Notices. Any notice or communication required under this Agreement
between the City, the Developer, and the Owners must be in writing and may be
given either personally, by registered or certified mail, return receipt requested, by
Federal Express or other reliable courier service that guarantees next day delivery
or by email (if followed by an identical hard copy via registered or certified mail). If
personally delivered, a notice shall be deemed to have been given when delivered
to the party to whom it is addressed. If given by any other method, a notice shall
be deemed to have been given and received on the first to occur of: (a) actual
receipt by any of the addressees designated below as the party to whom notices
are to be sent; or (b) as applicable: (i) three (3) days after a registered or certified
letter containing such notice, properly addressed, with postage prepaid, is
deposited in the United States mail; (ii) the following business day after being sent
via Federal Express or other reliable courier service that guarantees next day
delivery; or (iii) the following business day after being sent by email (provided that
such email is promptly followed by an identical hard copy sent via registered or
certified mail, return receipt requested). Any party hereto may at any time, by giving
written notice to the other party hereto as provided in this Section IV.N., designate
additional persons to whom notices or communications shall be given and
designate any other address in substitution of the address to which such notice or
communication shall be given. Such notices or communications shall be given to
the parties at their addresses set forth below:
If to City: City of Fort Collins
ATTN: City Manager
301 Laporte Avenue
Fort Collins, CO 80521
Email: cmo@fcgov.com
With a copy to: City of Fort Collins
ATTN: City Attorney
301 Laporte Avenue
Fort Collins, CO 80521
Email: CAOSeniorStaff@fcgov.com
If to Developer: Mulberry Development, LLC, a Colorado Limited Liability
company
ATTN: Landon Hoover
4801 Goodman Rd.
Timnath, CO 80547
Email: landon@hartfordco.com
With copies to: Coan, Payton & Payne, LLC
ATTN: G. Brent Coan
103 W. Mountain Ave.
Suite 200
Fort Collins, CO 80524
Email: gbcoan@cp2law.com
If to Owners: Springer-Fisher, Inc., a Colorado corporation
ATTN: David B. Hill
P.O. Box 86
Timnath, CO 80547
Email: david_b_hill1@msn.com
Whitham Farms LLC, a Colorado Limited Liability
Company
ATTN: Mary L. Whitham
816 Ptarmigan Run
Loveland, CO 80538
Email: mdwhitham1@gmail.com
O.Paragraph Captions. The captions of the paragraphs are set forth only
for the convenience and reference of the Parties and are not intended in any way
to define, limit or describe the scope or intent of this Agreement.
P.Recordation. The City shall record this Agreement in the Larimer
County Records, and the Developer shall pay the cost of the same.
Q.Representations and Warranties.
1.Representations and Warranties by the City. The City
represents and warrants that:
a.The City is a home rule municipality and has the power to
enter into and has taken all actions to date required to authorize this
Agreement and to carry out its obligations hereunder including, but not
limited to (i) all actions necessary to adopt and approve the land use
regulations and other provisions set forth in the Development
Documents in a manner that such regulations shall legally govern the
development of the PUD Property; and (ii) all actions necessary to
grant the vested property rights described in this Agreement;
b.The City knows of no litigation, proceeding, initiative,
referendum, investigation or threat of any of the same contesting the
powers of the City or its officials with respect to this Agreement that has
not been disclosed in writing to the Developer;
c.The execution and delivery of this Agreement and the
documents required hereunder and the consummation of the
transactions contemplated by this Agreement will not: (a) conflict with
or contravene any law, order, rule or regulation applicable to the City
or to the City's governing documents, or (b) result in the breach of any
of the terms or provisions or constitute a default under any agreement
or other instrument to which the City is a party or by which it may be
bound or affected;
d.This Agreement constitutes a valid and binding obligation
of the City, enforceable according to its terms. Pursuant to Section
IV.C., the City will cooperate in defending the validity of this Agreement
in the event of any litigation arising hereunder that names the City as a
party or challenges the authority of the City to enter into or perform its
obligations hereunder; and
e.Subject to Section IV.F. of this Agreement relating to
default and remedies, should the foregoing representations and
warranties of the City prove to be materially inaccurate, in whole or in
part, such inaccuracy shall constitute a default by the City under this
Agreement. The City recognizes that the Developer intends to expend
substantial monies to undertake and complete development of the
Project in accordance with the Development Documents in reliance
upon the accuracy of the representations and warranties of the City as
set forth in this Section IV.Q.1.
2.Representations and Warranties by the Developer. The
Developer represents and warrants that:
a.The Developer is a corporation duly organized, validly
existing and in good standing under the laws of the State of Colorado
and qualified to do business in the State; has the legal capacity and
the authority to enter into and perform its obligations under this
Agreement and the documents to be executed in connection herewith;
b.The execution and delivery of this Agreement and the
documents required hereunder and the performance and observance
of their terms, conditions and obligations have been duly and validly
authorized by all necessary action on its part to make this Agreement
and such documents valid and binding upon the Developer;
c.The execution and delivery of this Agreement and the
documents required hereunder and the consummation of the
transactions contemplated by this Agreement will not: (a) conflict with
or contravene any law, order, rule or regulation applicable to the
Developer or to the Developer's governing documents, or (b) result in
the breach of any of the terms or provisions or constitute a default under
any agreement or other instrument to which the Developer is a party or
by which it may be bound or affected;
d.The Developer knows of no litigation, proceeding,
initiative, referendum, or investigation or threat or any of the same
contesting the powers of the City, the Developer or any of its principals
or officials with respect to this Agreement that has not been disclosed
in writing to the City;
e.The Developer has the necessary legal ability to perform
its obligations under this Agreement. This Agreement constitutes a
valid and binding obligation of the Developer, enforceable according
to its terms; and
f.Subject to Section IV.F. of this Agreement relating to
default and remedies, should the foregoing representations and
warranties of the Developer prove to be materially inaccurate, in
whole or in part, such inaccuracy shall constitute a default by the
Developer under this Agreement.
R.Severability. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, all remaining terms, provisions, covenants and conditions of this
Agreement shall continue in full force and effect.
S.Waiver. No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms. No waiver of any provision of this Agreement
in any instance shall constitute a waiver of such provision in other instances.
T.Waiver of Defects. In executing this Agreement, the Developer and
Owners waive all rights they may have concerning defects, if any, of the form or
substance of this Agreement and the formalities whereby it is executed, concerning
the power of the City to impose conditions as set forth herein and concerning the
procedure, substance and form of the ordinance adopting this Agreement
contemplated herein. Similarly, the City, to the extent legally permissible, waives
all rights it may have concerning defects, if any, of the form or substance of this
Agreement and the formalities whereby it is executed as well as defects, if any,
concerning the procedure, substance and form of the ordinance adopting this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
the day and year first written above.
CITY: CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
Jeni Arndt, Mayor
Date: , 2022
APPROVED AS TO FORM:
Brad Yatabe, Assistant City Attorney
ATTEST:
Delynn Coldiron, City Clerk
DEVELOPER: Mulberry Development, LLC
By: Hartford Homes, LLC, a Colorado
limited liability company, Manager
By:
Landon Hoover, Manager
STATE OF )
) ss.
COUNTY OF )
The foregoing Agreement was acknowledged before me this day of
, 2022, Landon Hoover, as Manager of Hartford Homes,
LLC, a Colorado limited liability company, the Manager of Mulberry
Development, LLC.
WITNESS my hand and official seal.
Notary Public
My commission expires:
OWNERS: Springer-Fisher, Inc., a Colorado corporation
By:
David B. Hill, President
STATE OF )
) ss.
COUNTY OF )
The foregoing Agreement was acknowledged before me this day of
, 2022, David B. Hill, President of Springer-Fisher, Inc., a
Colorado corporation.
WITNESS my hand and official seal.
Notary Public
My commission expires:
OWNERS: Whitham Farms LLC, a Colorado Limited
Liability Company
By:
Mary L. Whitham, Manager
STATE OF )
) ss.
COUNTY OF )
The foregoing Agreement was acknowledged before me this day of
, 2022, Mary L. Whitham, Manager of Whitham Farms LLC, a
Colorado Limited Liability Company.
WITNESS my hand and official seal.
Notary Public
My commission expires:
EXHIBIT A DEFINITIONS
Initialized capitalized terms used in this Agreement have the meanings set
forth below:
Agreement: as defined in the introductory paragraph of this Agreement.
Basic Development Review: means a basic development review as
described in the Land Use Code as such description may be amended from time
to time, to the extent any such amendment is consistent with the terms of this
Agreement including, but not limited to, the vested property right granted in this
Agreement.
City: as defined in the introductory paragraph of this Agreement.
City Council: means the elected governing body of the City as established
in the City's Charter.
City Regulations: mean the Municipal Code, the Land Use Code and other
general ordinances, resolutions, regulations, policies and plans of the City, as the
same may be amended from time to time, to the extent any such amendment is
consistent with the terms of this Agreement including, but not limited to, the vested
property right granted in this Agreement.
Developer: as defined in the introductory paragraph of this Agreement.
Development Documents: means this Agreement and the PUD Master
Plan.
Development Property: means the PUD Property. The Development
Property is an approximately 229.2-acre parcel, more particularly described on
Exhibit C attached hereto and incorporated by reference and graphically depicted
on Exhibit D attached hereto and incorporated herein by reference.
Development Standards: means the development standards set forth in
Article 3 of the Land Use Code and the development standards of Article 4 of the
Land Use Code.
Director: means the Director of the Community Development and
Neighborhood Services Department of the City.
Effective Date: means the effective date of the ordinance of the City Council
approving this Agreement.
Final Plan: means a final plan as described in the Land Use Code as such
description may be amended from time to time, to the extent any such amendment
is consistent with the terms of this Agreement including, but not limited to, the
vested property right granted in this Agreement.
Land Use Code: means the Land Use Code of the City, as the same may
be amended from time to time, to the extent any such amendment is consistent
with the terms of this Agreement including, but not limited to, the vested property
right granted in this Agreement.
Larimer County Records: means the real estate records of the Clerk and
Recorder of Larimer County, Colorado.
Legal Challenge: means any third party commencement of any legal
proceeding or other action that directly or indirectly challenges this Agreement, the
PUD Overlay, the PUD Master Plan or the City's ordinance approving this
Agreement, the PUD Overlay and the PUD Master Plan.
Municipal Code: means the Municipal Code of the City, as the same may
be amended from time to time, to the extent any such amendment is consistent
with the terms of this Agreement including, but not limited to, the vested property
right granted in this Agreement.
Owners: means the Springer-Fisher, Inc. and Whitham Farms LLC, collectively.
Party(ies): means each and collectively, the Developer and its successors
and assigns, the Owners, and the City.
Project: means the development pursuant to the PUD Master Plan of the
PUD Property.
Project Development Plan: means a project development plan as
described in the Land Use Code as such description may be amended from time
to time, to the extent any such amendment is consistent with the terms of this
Agreement including, but not limited to, the vested property right granted in this
Agreement.
PUD Master Plan: means the planned unit development master plan for
development of the PUD Property entitled the "Mulberry & Greenfields - PUD
Master Plan," as the same may from time to time be amended, the components of
which are set forth on Exhibit B, attached hereto and incorporated herein by
reference.
PUD Overlay: means the overlay of the approved PUD Master Plan
entitlements and restrictions upon the underlying zone district requirements.
PUD Overlay Regulations: means the planned unit development overlay
regulations adopted by City Council on July 17, 2018, by Ordinance No. 091, 2018, and
codified as Division 4.49 of the Land Use Code, as such regulations have and may
be amended from time to time to the extent any such amendment is consistent
with the terms of this Agreement including, but not limited to, the vested property
right granted in this Agreement.
PUD Property: means the approximately 229.2 acres of real property upon
which the PUD Overlay pursuant to the PUD Master Plan has been imposed and
comprised, and described on Exhibit C attached hereto and incorporated herein
by this reference, and generally depicted on Exhibit D attached hereto and
incorporated herein by this reference.
Shall, Will or Must: means that compliance is mandatory, unless the
context requires otherwise.
Site Specific Development Plan: means a site specific development plan
as defined in the Land Use Code as such definition may be amended from time to
time but only to the extent that any such amendment is consistent with the terms
of this Agreement including, but not limited to, the vested property right granted in
this Agreement.
State: means the State of Colorado.
Vested Master Plan Components: as defined in Section II.A.4. of this
Agreement.
Vested Property Rights Determination: as defined in Recital E of this
Agreement.
Vested Property Rights Statute: means Section 24-68-101, et seq., of the
Colorado Revised Statutes, in effect on the Effective Date.
Vesting Term: as defined in Section II.C.1. of this Agreement.
EXHIBIT B
PUD MASTER PLAN
The PUD Master Plan consists of Sheets 1 through 18, attached hereto, which includes
the technical corrections required by the Planning and Zoning Commission as part of its
decision to approve the PUD Master Plan. Pursuant to Land Use Code Section 4.29(H),
the PUD Master Plan shall not expire. The following sheets of the PUD Master Plan shall
be vested for 15 years:
Sheets 7 through 16 of the Mulberry & Greenfields
PUD Master Plan:
Sheet 7 District Standards
Sheet 8 District Standards
Sheet 9 Development Standards
Sheet 10 Development Standards
Sheet 11 Development Standards
Sheet 12 Setback Standards / Development Standards
Sheet 13 Land Use Table
Sheet 14 Housing Type – Lot Typicals
Sheet 15 Housing Type – Lot Typicals
Sheet 16 Housing Type – Lot Typicals
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NOTE: POND OUTFALL MAY BERE-ROUTED TO OUTFALLDIRECTLY TO COOPER SLOUGH,IF NECESSARY EASEMENTSARE OBTAINED, AT TIME OFLATER FILING.
EXHIBIT C
LEGAL DESCRIPTION
THE NW1/4 OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., EXCEPT
RIGHT OF WAY FOR COUNTY ROAD 48 AND EXCEPT RIGHT OF WAY IN BOOK 245 AT PAGE 77,
COUNTY OF LARIMER, STATE OF COLORADO.
AND ALSO,
THE W1/2 SW1/4 OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,EXCEPT
THAT PORTION THEREOF CONVEYED IN DEED RECORDED JULY 3, 1959 IN BOOK 1097 AT PAGE
148 AND CORRECTED IN DEED RECORDED MAY 20, 1965 IN BOOK 1290 AT PAGE 520;
ALSO EXCEPT THAT PORTION THEREOF CONVEYED IN DEED RECORDED DECEMBER 3, 1984 IN
BOOK 2300 AT PAGE 1701,
ALSO EXCEPT THAT PORTION CONVEYED TO LARIMER COUNTY BY SPECIAL WARRANTY DEED
RECORDED JULY 10, 2017, AT
RECEPTION NUMBER 20170044766,
COUNTY OF LARIMER, STATE OF COLORADO.
EXHIBIT D
DEPICTION OF PUD PROPERTY
See Exhibit B, Sheets 1 through 6 of the PUD Master Plan.
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
Date: March 3, 2022
To: Mayor Arndt and City Councilmembers
Thru: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
Caryn Champine, Planning, Development and Transportation Director
From: Paul Sizemore, Community Development & Neighborhood Services
Director
Re: Bloom Extended Vesting Determination
The purpose of this memo is to provide City Council with a written determination finding
that a vesting period of fifteen years is justified for the Bloom Planned Unit Development
(PUD), which was approved by the Planning and Zoning Commission on December 16,
2021.
Background:
The Land Use Code provides that development rights for an approved development are
typically valid for a period of three (3) years. Pursuant to Land Use Code Section
2.2.11(C), a PUD Master Plan is eligible to apply for a vested property right with respect
to uses, densities, development standards, and engineering standards for which
variances have been granted for a period of greater than three (3) years. If granted, this
extension of development rights is memorialized by the City and the developer entering
into a development agreement which vests the property right for a specified period of
time.
Such agreement may be entered into by the City if the Director of Community
Development & Neighborhood Services determines that it will likely take more than
three (3) years to complete all phases of the development and the associated
engineering improvements for the development, and only if warranted in light of all
relevant circumstances, including, but not limited to, the overall size of the development
and economic cycles and market conditions.
The Bloom PUD represents one of the largest greenfield development opportunities
remaining in the city. At 226 acres, the project is expected to result in 1,600 dwelling
units and more than 35 acres of commercial and mixed-use development.
DocuSign Envelope ID: E9993460-DE2F-46F7-B593-754A588A0271
The project is proposed to develop in multiple phases over the course of 15 years with a
planned residential unit absorption of approximately 150 units per year. Each phase of
development will require a project plan and final plan to ensure compliance with the
PUD Master Plan and provision of public benefits and infrastructure.
Bloom’s proposed mix of uses, variety of housing, system of open space, new urbanist
design principles, unique design standards, and infrastructure improvements will take
many years to be realized. The developer’s upfront investments in the project and the
uncertainty of economic fluctuations during this time necessitates assurance from the
City that the approved PUD Master Plan will continue to serve as the approved plan for
all phases of development for the anticipated duration of buildout.
Given the scale of the project, I have determined that it will take more than three (3)
years to complete all phases of the development and the associated engineering
improvements, that extended vesting beyond three years is warranted in light of the
large size of the development and potential market cycles and changes in market
conditions. Based on the approved PUD Master Plan and development phasing plan, I
find that the request for a 15-year vesting period is reasonable.
Next Steps
In order to extend the vested property rights from three years to fifteen years, a
development agreement must be adopted by ordinance by City Council.
DocuSign Envelope ID: E9993460-DE2F-46F7-B593-754A588A0271