HomeMy WebLinkAbout2000-042-02/15/2000-APPROVING THE STIPULATED DETERMINATION OF VESTED RIGHTS BETWEEN THE CITY AND SOLLENBERGER DEVELOPMEN RESOLUTION 2000-42
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE STIPULATED DETERMINATION OF VESTED RIGHTS
BETWEEN THE CITY AND SOLLENBERGER DEVELOPMENT CORPORATION
WHEREAS, on January 7, 1997, the City Council adopted Ordinance No. 161, 1996, (the
"Ordinance") which provided for the review and processing of pending land use applications and
established a temporary delay in the acceptance of certain land use applications through March 28,
1997; and
WHEREAS, the Ordinance established certain rules for transitioning from the Land
Development Guidance System into the new Land Use Code and included a vested rights
determination procedure in order to prevent manifest injustice by providing a mechanism of
identifying certain parcels of real property in the City that should be made exempt, or partially
exempt, from the application of the Ordinance; and
WHEREAS, vested rights determinations are to be allowed under the Ordinance where:
1. Some authorized act had been performed by the City;
2. There had been reasonable good faith reliance upon such act by the applicant; and
3. There had been a substantial change in position or expenditure by the applicant such
that it would be highly inequitable and unjust to destroy the rights acquired.
WHEREAS,Sollenberger Development Corporation("Sollenberger")is the owner of a tract
of land located within the Oak/Cottonwood Farm Overall Development Plan(the"ODP")consisting
of over 100 acres and having more than 25%of the necessary infrastructure installed as of effective
date of the Ordinance, so that Sollenberger was required under the Ordinance to submit to the City
a complete application for any phase of ODP that it wished to process under the Land Development
Guidance System no later than January 17, 2000; and
WHEREAS,the City has reviewed and given final approval to several phases within the ODP
and Sollenberger has submitted for City review a preliminary planned unit development application
for the Lodge at Miramont (the "Project") consisting of approximately 7.77 acres within Parcel N
of the ODP; and
WHEREAS, Sollenberger reasonably relied upon conversations and correspondence with
City staff in concluding that, contrary to the requirements of the Ordinance, the final planned unit
development plan for the Project need not be filed by January 17, 2000; and
WHEREAS, Sollenberger expended approximately $65,000 for services directly related to
the preparation of its plans for the project and, for that reason, has filed an application for a
determination of vested rights in accordance with the procedures established in Exhibit "A" of the
Ordinance; and
WHEREAS, the City Manager and City Attorney have entered into a proposed Stipulated
Determination of Vested Rights subject to City Council approval,under which Sollenberger would
be given a period of two months following preliminary plan approval in which to submit to the City
a complete application for approval of a final planned unit development plan for the Project; and
WHEREAS,if the preliminary plan for the Project is not approved or if the final planned unit
development is not submitted to the City within said two-month period of time,then the preliminary
planned unit development plan shall become null and void and of no further force and effect and any
further development of the ODP shall thereafter be approved only in accordance with the City's Land
Use Code; and
WHEREAS,the City Council believes that the proposed Stipulated Determination of Vested
Rights is in the best interests of the City and should be approved by the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the Stipulated Determination of Vested Rights between the City and Sollenberger
dated February 1,2000, attached hereto and incorporated herein by this reference as Exhibit"A, is
hereby approved.
Passed and adopted at a regular meeting of the City Council held this 15th of February,A.D.
2000.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
STIPULATED DETERMINATION OF VESTED RIGHTS
This stipulated determination of vested rights is executed this day of February,2000,
by the City of Fort Collins ("City") and Sollenberger Development orporation ("Applicant").
FINDINGS OF FACT
1. Sollenberger Development Corporation is the owner of a tract of land located within
the Oak/Cottonwood Farm Overall Development Plan (the "ODP") and the legal description of the
parcel of property owned by the Applicant is attached hereto as Exhibit "A". Said parcel shall
hereafter be referred to as the "Property".
2. The ODP, consisting of over 100 acres, was approved by the City under the Land
Development Guidance System prior to the adoption of the City's Land Use Code. The City has
reviewed and given final approval to numerous phases within the ODP. The Lodge at Miramont
PUD(the"Project")consists of approximately 7.77 acres within Parcel"N"of the ODP. The Project
is one of the final phases of the ODP. More than twenty-five percent (25%) of the necessary
infrastructure, sized to accommodate the approved uses in the ODP, has been installed, including,
but not limited to, Boardwalk Drive and Lemay Avenue adjacent to the Project site, all storm
drainage improvements and a regional detention pond. In addition,all necessary street right-of-way
and the regional detention facilities have been dedicated for public use in accordance with the ODP.
3. At the time of the City's transition to the Land Use Code, some parcels, including
Parcel "N" were undeveloped. The Project, having met the criteria of Section 3 of Ordinance No.
161, 1996, as amended pursuant to Ordinance No. 114, 1997, was entitled to a period of three (3)
years from the effective date of Ordinance No. 161, 1996 (January 17, 2000)within which to file a
preliminary and final planned unit development plan.
4. The Applicant has diligently pursued completion of the Project with periodic input
from the City's current planning staff and,presently,the preliminary planned unit development plan
for the Project is filed and pending before the City.
5. Commencing in the Spring of 1999, the Applicant made various contacts with the
City staff regarding the progress of the preliminary planned unit development application and was
advised by the City staff that a preliminary plan must be submitted by January 17, 2000. The
Applicant was led by the staff to believe that the only requirement for processing under the Land
Development Guidance System was the submittal of a complete preliminary planned unit
development plan and no mention was made of any requirement of the filing of a final planned unit
development plan prior to January 17, 2000. Until December 21, 1999, the staff made no
representations to the applicant that a final planned unit development plan must be filed by January
17,2000. To the contrary,the discussions with and correspondence received from the City staff led
the Applicant to believe that a final planned unit development plan need not be filed by January 17,
2000.
6. On December 21, 1999, the Applicant was advised by the staff that a final planned
unit development plan must be filed by January 17, 2000, whereupon the Applicant and its
consultants evaluated their ability to meet the deadline and determined that it would be impossible
to prepare a complete final planned unit development plan submittal by January 17, 2000.
7. The Applicant has demonstrated that it has expended approximately $65,000 for
services directly relatedto the preparation of the preliminary planned unit development plan and has
proceeded diligently for approximately nine (9) months in the preparation of said plan and the
development of the Project which development efforts include,without limitation,the engagement
of an engineering firm,an architectural design and planning firm,the preparation of the preliminary
plan, the preparation of physiographic, drainage and traffic studies, the development of an
architectural theme and marketing plan, and the commencement of negotiations with neighboring
landowners.
8. On January 27, 2000,the Applicant filed a request for a vested rights determination
with the City. On January 31,2000,the City responded to the Applicant's application as incomplete
for failure to remit to the City the full fee for the filing of such application. On January 31, 2000,
the Applicant remitted to the City a check in the additional sum of$2,500,together with supporting
documentation, thereby making the application complete, and timely filed.
9. The Applicant has requested, through the vested rights determination process, that
the Applicant be found to possess a common law vested right; that the Project may remain in the
City's development review system as a Land Development Guidance System Project and be
processed and evaluated against the Land Development Guidance System criteria; and that should
the Project earn preliminary approval,that the Applicant be given a period of two(2) months after
preliminary plan approval within which to submit a final planned unit development plan.
CONCLUSIONS OF LAW
1. Authorized Act of the City. Through discussions with the Applicant and its
consultants and through written correspondence with the Applicant's consultants, the City staff
either expressly or impliedly informed the Applicant that the only Project submittal requirement
necessary was the filing of revised preliminary plans within 90 days of the October 28, 1999 staff
letter to the Applicant's consultants. Said letter, together with the staff's oral representations,
constitute authorized acts of the City upon which the Applicant might have relied.
2. Reasonable Good Faith Reliance. The Applicant acted reasonably and in good faith
by relying upon the authorized acts of the City in moving forward with the engagement of
consultants, preparation of preliminary planned unit development plan, and preparation of
physiographic,drainage and traffic studies,together with the development of an architectural theme
and marking plan for the Project.
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3. Substantial Change in Position or Expenditure. By investing approximately$65,000
on engineering and planning services and by expending approximately nine (9) months in
preparation of the Project plan, it would be inequitable or unjust to destroy the rights acquired by
reason of the City's approval of the ODP. The Applicant has moved forward diligently with the
preparation of the various studies and documents necessary for the submittal of the preliminary
planned unit development plan in reliance upon the authorized acts of the City that the final plan
would not be jeopardized if the same were not filed by January 17, 2000.
DETERMINATION.
Even though no Site Specific Development Plan has been approved for the Project upon which
private development could occur,and even though Ordinance No. 161, 1996, as amended pursuant
to Ordinance No. 114, 1997, would prevent the Applicant from proceeding with any development
pursuant to the ODP or any subsequently approved preliminary planned unit development for the
Project,the Applicant,reasonably,and in good faith,relied upon an authorized act or acts of the City
in making such a substantial change in position or expenditure that it would be highly inequitable
and unjust to destroy the rights (if any) acquired by the Applicant in the ODP or in the previously
submitted application for preliminary planned unit development approval. The Applicant has
requested that, through this vested rights determination process it be placed in a position where it
not be significantly damaged by its reliance upon the City's representations about the Project's
submittal requirements. It is hereby determined that it is equitable and just that the Project remain
in the City's development review system to be processed and evaluated in accordance with the
criteria of the Land Development Guidance System and that should the Project earn preliminary
approval in accordance with said system, that the Applicant shall be given a period of two (2)
months following preliminary plan approval within which to submit to the City a complete
application for approval of a final planned unit development plan. If the preliminary plan is not
approved or if a final planned unit development plan is not submittedto the City within said two(2)
month period of time,then the preliminary planned unit development plan shall become null and of
no further force and effect and development of the Property shall thereafter be approved only in
accordance with the City's Land Use Code.
CITY OF FORT COLLINS, COLORADO,
a municipal corporation �
By: 4. /W al .6C�
Ci4tyttomey
anager
By:
yullv� A A -".
ATTEST:
City Clerk
3
SOLLENBERGER DEVELOPMENT
W
ION, a Col rado corporationerg resident
ATTEST:
Secretary
Approved by the City Council by Resolution No. dated February 2000.
Wanda Krajicek, City Clerk
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EXHIBIT "A"
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