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HomeMy WebLinkAbout1997-108-08/05/1997-FOX MEADOWS II VESTED RIGHTS RESOLUTION 97-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE STIPULATED DETERMINATION OF VESTED RIGHTS BETWEEN THE CITY AND FOX MEADOWS II WHEREAS,on January 7, 1997,the City Council adopted Ordinance No. 161, 1996, 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, as of the effective date of Ordinance No. 161, 1996, certain parcels of property upon which overall development plans had been previously approved could no longer apply to the City for approval of planned unit development plans in accordance with such overall development plans; and WHEREAS, in conjunction with the passage of Ordinance No. 161, 1996, said Ordinance established 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 Ordinance No. 161, 1996; and WHEREAS,Fox Meadows II is a Colorado limited partnership which is the owner of a tract of land located at the southeast corner of Timberline and Horsetooth Roads in the City which parcel of property was included on a master plan(overall development plan)approved by the Planning and Zoning Board on December 1, 1988 and amended on September 24, 1990; and WHEREAS, all preliminary planned unit development plans approved for the property have expired according to law and no final planned unit development plans have been approved for the property; and WHEREAS, Fox Meadows II has filed an application for vested rights determination in accordance with the procedure established in Exhibit "A" of Ordinance No. 161, 1996, and in support thereof has presented evidence to the City showing the expenditure of substantial funds in the design, financing, installation and dedication of infrastructure improvements for the property in reliance upon certain acts of the City all as more particularly stated in the Stipulated Determination of Vested Rights attached hereto as Exhibit"A"; and WHEREAS, upon examination of the Facts, Conclusions of Law and Determination contained in the Stipulated Determination of Vested Rights the Council has determined that it is in the best interest of the City that said Stipulated Determination of Vested Rights should be approved. 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 Fox Meadows II,a Colorado limited partnership, dated July 17, 1997, attached hereto and incorporated herein by this reference as Exhibit"A" be and hereby is approved. Passed and adopted at a regular meeting of the City Council held this 5th day of August,A.D. 1997. Mayor Pro Tern ATTEST: City Clerk EXHIBIT A STIPULATED DETERMINATION OF VESTED RIGHTS This stipulated determination of vested rights is executed this 17 th day of July, 1997,by the City of Fort Collins ("City") and Fox Meadows II, a Colorado limited partnership ("Applicant"). FINDINGS OF FACT 1. Fox Meadows II is the owner of a tract of land (the "Property") located at the southeast corner of Timberline Road and Horsetooth Road in the City of Fort Collins. The legal description of the Property is attached hereto as Exhibit"A". Said parcel shall hereafter be referred to as the "Property". 2. The Property was annexed to the City in 1978. 3. A Master Plan(now known as an Overall Development Plan) was approved for the Property by the Planning and Zoning Board of the City on December 1, 1988. An amendment to said Master Plan was approved by the City's Planning and Zoning Board on September 24, 1990. Preliminary Planned Unit Development Plans were approved for the Property on December 2, 1988 and September 25, 1990,both of which Preliminary Plans have subsequently expired according to law. No Final Planned Unit Development Plans were approved by the City for the Property either prior to or subsequent to the expiration of said Preliminary Plans. 4. A minor subdivision of the Property was approved on November 13, 1989 for the sole purpose of dividing the Property into two separate lots. 5. Utility plans for the Property were approved by the City in August 1989 and revisions to the same were approved by the City in September 1990. The Applicant and the City executed a Development Agreement on October 31, 1989 and an addendum to the Development Agreement on November 30, 1989. Said utility plans,Development Agreement and addendum addressed, among other things, issues regarding the construction of Timberline Road, Big Horn Drive, bicycle lanes, sidewalks, utility lines, drainage facilities, a retention pond and other items regarding the infrastructure for the Property. 6. The Applicant has expended approximately$400,000.00 in the design, financing and installation of infrastructure improvements for the Property as such improvements are described on the utility plans,Development Agreement and addendum thereto. Among those improvements was the widening of Timberline Road and the construction of Big Horn Drive, the construction of the retention pond and storm drainage facilities, the installation of utility lines and facilities, the installation of landscaping, street signs and other infrastructure improvements. 7. Letters,contracts,and other correspondence have been submitted to the City showing the Applicant's efforts in marketing the property to various potential purchasers. None of the efforts of the Applicant in marketing the property have come to fruition and the property remains in the ownership of the Applicant. No private development has occurred on the Property. 8. On May 23, 1997,the Applicant filed a request for a vested rights determination with the City. On May 29, 1997, the City notified the Applicant that its application was incomplete because the Applicant had failed to remit to the City the full fee for the filing of such application. On June 13, 1997, the Applicant remitted to the City an additional check in the sum of$2,500.00 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 vested right in the Master Plan (Overall Development Plan) for the Property for a period of three to five years from the date of this Stipulated Determination of Vested Rights. Accordingly, the Applicant has requested said period of three to five years within which to file with the City applications for Preliminary and Final Planned Unit Development Plan approval. 10. The following criteria are to be used in making the vested rights determination requested by the Applicant under the provisions of Section 9 of Exhibit A of Ordinance 161, 1996. CONCLUSIONS OF LAW 1. Authorized Act of the City. By approving the Master Plan (Overall Development Plan) for the Property, as well as the amendment to said Master Plan, and by approving two Preliminary Planned Unit Development Plans, and by approving utility plans and entering into a development agreement as well as an addendum thereto, the City performed authorized acts 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 construction of certain infrastructure improvements for the Property. 3. Substantial Change in Position or Expenditure. By investing approximately $400,000.00 in the design,financing and installation of infrastructure improvements for the Property, and by dedicating property to the City for the completion of Timberline Road, Big Horn Drive, and other utility facilities, the Applicant made substantial expenditures and substantially changed its position to such an extent that it would be inequitable or unjust to destroy the rights acquired by reason of the City's approval of the Master Plan. This is so because the infrastructure improvements which have been installed have been sized to accommodate uses anticipated to occur in the Master Plan generally. Furthermore, the Applicant has completed the infrastructure improvements in a timely and diligent manner and has been diligent in attempting to market the property for private development purposes. 2 DETERMINATION Even though no Site Specific Development Plan has been approved for the Property upon which private development could occur, and even though Ordinance No. 161, 1996 would prevent the Applicant from proceeding with any development pursuant to the Master Plan for the Property, the Applicant reasonably, and in good faith, relied upon authorized acts of the City in making such a substantial change in position or expenditure that it would be highly inequitable and unjust to destroy such rights as may have been acquired by the Applicant in the Master Plan dated December 1, 1988 and subsequently amended on September 24, 1992. Ordinance 161, 1996 authorizes large developments (over 100 acres) a period of three years, and developments of 100 acres or less a period of eighteen months, within which to file with the City a Preliminary and/or Final Planned Unit Development Plan if infrastructure improvements have been installed as necessary to serve at least twenty percent of the gross acreage of the entire property covered by the Overall Development Plan. (See Section 3 of said Ordinance). Although Section 3 does not, on its face, apply to the development of the Property in question,it provides guidance as to the period of time within which this vested right should have to be exercised. Accordingly, it is hereby determined that it would be equitable under the circumstances to allow the Applicant a period of three years from the date hereof within which to file with the City applications for Preliminary and Final Planned Unit Development Plan approval for the property. If no application for approval of a Preliminary and Final Planned Unit Development Plan for the Property are filed within said three year period, then the Master Plan shall become null and of no further force and effect. If an application for approval of a Preliminary and Final Planned Unit Development Plan for only a portion of the property is filed within said three year period, then, the Master Plan shall become null and of no further force and effect with regard to all portions of the property for which no Preliminary and Final Planned Unit Development Plan applications have been timely filed. If the Final Planned Unit Development Plan is not approved, then, subject to all rights of appeal and judicial review, the Master Plan shall become null and void and of no further force and effect. CITY OF FORT COLLINS, COLORADO, a mu icipal corporation By: 4. Cit anager By: v City torney ATTEST: City Clerk 3 FOX MEADOWS II, a Colorado limited partnership K. Bill Tiley, Managing Partn Approved by the City Council by Resolution No.97-10 dated August 5 , 1997. Wanda Krajicek, City erk 4 Legal Description A tract of land situate in the Northwest ; of the Northwest ; of Section 32, Township 7 North, Range 68 West, of the Sixth P.M. , City of Fort Collins, County of Larimer, State of Colorado, which, considering the west of said Northwest i as bearing N 00011'36" W and with all bearings contained herein relative thereto, begins at the Northwest corner of said Section 32, and run thence S 89034/14/1 E 500.00 feet; thence S 0001V36" E 30.00 feet; thence N 89034/14/, W 40. 00 feet; thence S 00011"36" E 40.00 feet; thence S 890341,14" E 40. 00 feet; thence S 00011/36/1 E 1259. 69 feet to the South line of the Northwest ; of the Northwest ; of said Section 32; thence along said south line N 89037/44/1 W 500. 00 feet to the southwest corner of the Northwest ; of the Northwest ; of said Section 32; thence along the west line of said Northwest ; , N 00011'36" W 1330. 20 feet to the point of beginning, containing a gross area of 15. 228 acres, more or less, and being subject to all easements and rights-of-way which are existing or are of record.