HomeMy WebLinkAboutMONTAVA PUD - ODP - ODP180002 - MONTAVA SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL COMMUNICATION LILEY LAW OFFICES, LLC
LUCIA A. LILEY, ESQ. JOSHUA C. LILEY, ESQ.
JANELLE KECHTER, CLA
419 CANYON AVENUE, SUITE 220, FORT COLLINS, COLORADO 80521
TELEPHONE (970)449- 8720 FAX (970)682- 1440
October 23, 2018
Mayor Wade Troxell
and City Council Members
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
c/o Tom Leeson
CDNS Director
281 N. College Avenue
Fort Collins, CO 80521
Re: Request for Vested Property Rights
Montava Master Plan
Dear Mayor and Council Members:
This firm represents HF2M, Inc., the developer of the proposed Montava project
(“Developer”). The Developer has submitted to the City an application for approval of the
Montava Planned Unit Development Master Plan for the Property (“Montava Master Plan”)
pursuant to Land Use Code Division 4.29. The Montava Master Plan encompasses 900+ acres of
contiguous, undeveloped, vacant land in northeast Fort Collins (the “Property”) that is currently
owned by the Anheuser-Busch Foundation and the Poudre R-1 School District. A depiction of
the Property is attached to hereto as Attachment A. Current zoning of the Property is a
combination of (I) Industrial, (E) Employment, and (L-M-N) Low Density Mixed-Use
Neighborhood.
Based on all relevant circumstances, detailed below, including the size and phasing of the
Montava Master Plan and expected fluctuation of market conditions and economic cycles during
the expected twenty-five (25) to thirty (30) year build out of the Montava Master Plan, the
Developer requests:
1. A determination by Tom Leeson, Director of the Community Development and
Neighborhood Services Department, that: (i) it will likely take more than three
(3) years to complete all phases of the Montava Master Plan and the associated
engineering improvements; and (ii) vested property rights in excess of three (3)
years for the Montava Master Plan are warranted in light of all relevant
circumstances.
Mayor and City Council
October 23, 2018
Page 2
2. City Council action by ordinance (i) approving the Montava Master Plan,
including the uses, densities, development standards and engineering variances
described and set forth therein in the Project Design Narrative and in Chapter 2
(Uses), Chapter 3 (Densities), Chapter 4 (Development Standards and
Definitions), Chapter 5 (Engineering Variances) and Chapter 6 (Alternative
Compliance Requests) of the PUD Master Plan Standards; and (ii) adopting the
development agreement governing the Montava Master Plan (“Development
Agreement”); both as site specific development plans establishing vested property
rights for a term of twenty-five (25) years, in accordance with the Colorado
Vested Property Rights Statute (C.R.S. §24-68-102), Ordinance No. 091, 2018 of
the Council of the City of Fort Collins (“PUD Overlay Ordinance”) and the
provisions of the Development Agreement concerning vested property rights
Circumstances Which Warrant
Extended Vested Property Rights
A. Size and Complexity of Project
The Montava Master Plan, at 900+ acres, is by far the largest comprehensively planned
development area in the City. Not only is the Montava Master Plan large, it is also complex.
The Developer’s overall vision is for development of the Property, over time, as a New Urbanist
community of true traditional neighborhoods with an integrated mix of uses including housing,
employment, schools, parks, natural areas and agriculture. It is estimated that there will be
approximately 4,200 dwelling units and approximately 450,000 to 750,000 square feet of
nonresidential uses including commercial, industrial and employment uses in the Montava
Master Plan.
B. Multiple Phases
The Development Phasing Plan submitted with the Montava Master Plan depicts the
Developer’s estimate of the scope and order of the phases of development. Please see a copy of
the Development Phasing Plan in Attachment B. The residential product absorption is targeted
at approximately 150 units per year. Each development phase within the Montava Master Plan
will require Preliminary Development Plan and Final Plan review and approval of the design of
appropriate infrastructure suitable for each phase.
C. Economic Fluctuation
Economic downturns will occur during the long build-out period which, in turn, will
reduce the number of years in which active development will occur during the vesting period.
Mayor and City Council
October 23, 2018
Page 3
D. Significant Up Front Investment
1. Land Purchase: There will be a significant cost for the purchase of the 800+ acre
Anheuser-Busch Foundation property.
2. Land Entitlement: Land entitlement costs which are expected to reach
approximately $2 million just through the Montava Master Plan stage. Further
entitlement costs will be incurred with entitlement of each phase.
3. Public Improvements:
(a) Overall, the public improvements associated with the Montava Master Plan
include, but are not limited to: arterial and collector roadways (2.9 miles); trail
networks (5.8 miles); multi-modal facilities (pedestrian, bicycle and transit);
storm drainage systems (realignment of No. 8 Ditch; creation of 2.24 miles of
storm water channel / conveyance paths and 113 acres of regional detention
ponds; non-potable water system; water, sanitary sewer, electric and broadband;
and parks and recreation.
(b) The cost, scope, and definition of such public improvements may vary over
time. The total estimated cost of public improvements, as set forth on
Attachment C, is approximately Three Hundred Twenty-Five Million One
Hundred Ninety-Four Thousand Five Hundred Forty Three Dollars
($325,194,543) in 2018 dollars. This total estimated cost does not include costs
for some local public improvements.
E. Public Benefits
There are significant public benefits resulting from this project. See Attachment D taken
from the Montava Metropolitan Districts Service Plan.
Given the size of the Montava Master Plan, the scope of the associated public
improvements and the anticipated fluctuation in market conditions and economic cycles, the
Developer and its consultants estimate build out of all phases to take twenty-five (25) to thirty
(30) years. Without legal assurance that the Montava Master Plan will not be subject to
unilateral changes by the City, the very significant investment in this project is neither
reasonable nor feasible.
Mayor and City Council
October 23, 2018
Page 4
Thank you for your consideration of this request.
Sincerely,
LILEY LAW OFFICES, LLC
/ s / Lucia A. Liley
By: __________________________________
Lucia A. Liley
LAL/jpk
Attachments
Pc: Jeff Mihelich, Deputy City Manager
Carrie Daggett, City Attorney
Brad Yatabe, Assistant City Attorney
Rebecca Everette, Development Review Manager
Cameron Gloss, Comprehensive Planning Manager
Clay Frickey, City Planner
Max Moss, HF2M, Inc.
Attachment A
To Request for Vested Property Rights
Montava Master Plan
Depiction of Property
Owner: Anheuser-Busch Foundation (depicted in yellow below)
Owner: Poudre R-1 School District (depicted in red below)
Attachment B
To Request for Vested Property Rights
Montava Master Plan
Development Phasing Plan
Attachment C
To Request for Vested Property Rights
Montava Master Plan
CONCEPTUAL OPINION OF COST
PROJECT: JOB NO. DATE: BY:
Montava Metropolitan Districts 1230.0001.00 6/27/2018 JAZ
No. Item Quantity Units Unit Cost Total
ADMINISTRATIVE & MISCELLANEOUS $11,000,000
EARTHWORK $21,499,312
STREETS (ONSITE & OFFSITE) $105,255,350
SANITARY SEWER (ONSITE & OFFSITE) $15,732,500
WATER (ONSITE & OFFSITE) $11,081,500
NONPOTABLE WATER (ONSITE & OFFSITE) $13,814,500
STORM SEWER (ONSITE & OFFSITE) $10,286,290
RECREATION FACILITIES $8,000,000
LANDSCAPING, TRAILS, OPEN SPACE, AND FARM FACILITIES $44,215,395
Additional Costs
Construction Costs $240,884,847
Contingency (20% of Costs) $48,176,969
Engineering / Survey / C. M. (15% of Costs) $36,132,727
Total Infrastructure Cost
$325,194,543
This is a conceptual opinion of cost and supplied only as a guide. TST is not responsible for fluctuation in costs of material,
labor or unforeseen contingencies.
Attachment C
To Request for Vested Property Rights
Montava Master Plan
(Page 1 of 3)
Public Benefits
1. Large-Scale Comprehensive Master Planning:
The approximately 914-acre Service Area will be comprehensively master-planned, with an
emphasis on multi-modal transportation, through the new Planned Unit Development Overlay
Regulations as the Montava PUD Master Plan (the “Montava development”). The Montava
development design will include coordinated, interconnecting trail, street, sidewalk, transit and
storm drainage systems which will both (i) correct existing infrastructure deficiencies within the
boundaries of the Mountain Vista Subarea Plan; and (ii) provide opportunities to connect
infrastructure in such area to existing City infrastructure. The Districts will have authority to
build and, in some cases, to maintain these public systems and can also be used to facilitate the
construction of “off-site” public infrastructure required by the City’s Land Use Code or
Municipal Code for individual projects within the Montava development.
2. New Urbanism:
New Urbanism is an urban design movement which promotes environmentally friendly habits by
creating walkable neighborhoods containing a wide range of housing and job types. The
Montava development has been designed by the industry leaders, DPZ, and New Urbanism
resonates throughout the Montava development.
The Montava development will implement New Urbanism by one or more of the following:
a. Creating a mixed-use town center integrated with surrounding neighborhood fabric;
b. Developing the Montava development as a series of neighborhoods with centers, based
on a 5-minute walk shed;
c. Integrating a wide variety of housing types and intensities within each neighborhood;
d. Creating walkable streets and trails that connect meaningful destinations;
e. Distributing traffic through a network of connected streets;
f. Integrating market rate and affordable housing.
3. Agri-Urban Development:
This is a concept promoted in the Mountain Vista Subarea Plan. There will be an approximately
40-acre organic farm in the Montava development. The land will either be donated or sold at a
substantially discounted amount to the Poudre Valley Cooperative which entity will in turn enter
into a long-term lease with the farmers. A wide variety of high-quality, organic, locally-grown
produce from the farm will be available to the entire Fort Collins community. While there may
be other uses on the farm in the long term, the primary business model is organic produce.
Attachment C
To Request for Vested Property Rights
Montava Master Plan
(Page 2 of 3)
4. Zero Energy Ready Homes:
Residential development in the Montava development will be built to the Department of
Energy’s Zero Energy Ready Home “ZERH” standard.
5. Non-potable Water System:
There is only one quarter section of land within the Montava development that does not have
adequate coffin wells to provide all needed irrigation water for that quarter section. In all other
areas, the Developer commits to the development of a non-potable water system which will
incorporate the historical usage of these wells for the irrigation needs of the Montava
development.
6. Affordable/Workforce Housing:
At least ten percent (10%) of the total housing units approved in the Montava development will
be affordable or workforce housing, whether owner-occupied or leased, ranging from sixty
percent (60%) to one hundred twenty percent (120%) of the Fort Collins’ AMI for a family of
four (“Required Affordable Units”). The Required Affordable Units will be provided through
any of the following mechanisms or any other mechanism mutually agreed upon by the
Developer and the City:
A. The Developer has executed an option contract with the City for the purchase of five
(5) acres within the Montava development, at a mutually acceptable location, for development by
the City as part of its Affordable Housing Land Bank Program at a time it chooses.
B. A continuation of the collaborative effort among developers within the boundaries of
the Mountain Vista Subarea Plan, the City, a community land trust and entities such as Housing
Catalyst and Habitat for Humanity on a strategy for long-term affordability of the Required
Affordable Units. If a program is developed from this strategic collaborative effort which
includes fair and reasonable contributions from all stakeholders, up to five percent (5%) (with
the number depending on what the program can manage) of the annual developed single family
lots would be contributed to the program at Developer’s cost, but not to exceed the Required
Affordable Units.
C. Sale of land within the Montava development by the Developer to a non-profit or for-
profit builder and the development of that land as part or all of the Required Affordable Units.
D. Legally enforceable reservation of acreage within the Montava development for the
eventual sale to an entity for development of the Required Affordable Units (i.e. similar to the
Land Bank option agreement described in paragraph A above).
Attachment C
To Request for Vested Property Rights
Montava Master Plan
(Page 3 of 3)
E. If another method for long-term affordability does not result from the collaborative
effort described in paragraph B above, deed restrictions for a twenty (20) year period will be
placed on all the Required Affordable Units which are single family units.
F. Sixty-five percent (65%) of the Required Affordable Units shall be secured through
one of the mechanisms described in paragraphs A through D above (or through any other
mutually agreed-upon mechanism) prior to receipt of a building permit for more than fifty
percent (50%) of the total housing units approved in the Montava development, and the
remaining thirty-five percent (35%) of the Required Affordable Units shall be so secured prior to
receipt of a building permit for the last one hundred (100) of the total housing units approved in
the Montava development.