HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/1999 - SECOND READING OF ORDINANCE NO. 95, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 12
DATE: June 15, 1999
FORT COLLINS CITY COUNCIL
STAFF: Mike Herzig
SUBJECT : '
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Second Readingof OrdinanceNo.95,1999,Amending Sections29-13 and 29-14 of the Transitional
jLand Use Regulations Pertaining to Construction,Maintenance and Repair Guarantees and Security
Requirements for Developers. !'
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RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading. {
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EXECUTIVE SUMMARY:
Ordinance No. 95, 1999, was unanimously adopted on First Reading on June 1, 1999, making
amendments to Sections 29-L3 and 29-14 of the Transitional Land Use Regulations to match similar
proposed changes in the "Spring 1999" revisions to the Land Use Code.
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AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: June 1, 1999
10 FORT COLLINS CITY COUNCIL STAFF: Mike Herzig
SUBJECT :
First Reading of Ordinance No. 95, 1999,Amending Sections 29-13 and 29-14 of the Transitional
Land Use Regulations Pertaining to Construction,Maintenance and Repair Guarantees and Security
Requirements for Developers.
RECOMMENDATION:
Staff recommends adoption ofthe Ordinance oui i 'st Readin �;,T
EXECUTIVE SUMMARY:
The following recommended changes in the Transitional Land Use Regulations are proposed to
match similar proposed changes in the"Spring 1999"revisions to the Land Use Code. The changes
are as follows: "
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1. Add language to defin a start date ofiffie warranty period.
2. Add language to provide the option for describing warranty requirements in the development
agreement for when no new plat is required for the project or if work is located outside the
plat boundary.
3. Revise language to (1) add the words 'construction" and "maintenance/repair" when
describing security to distinguish between two types of security; and(2) add flexibility for
the developer to change the form of security.
These revisions are in keepin th theity C`- s ar staff when the "Choice Streets"
package was approved last fall make changes.. necess o help the new requirements work.
BACKGROUND:
In applying newly-adopted warranty and bonding requirements for development projects,staff found
that some wording changes are needed to clarify the application of the warranty and the type of
security posted. The following are further explanation for the above listed items:
1. The language in the regulations did not provide a clear definition for when the maintenance
and repair guarantee on a development project began. The proposed language states that the
warranty shall begin on the date of completion and acceptance by the City of the public
improvements.
DATE: June 1, 1999 2 ITEM NUMBER: 19
2. Currently the Regulations require that the maintenance and repair language be placed on the
plat, and in signing the plat,the developer agrees to the terms of the language. Since many
projects are on sites that are already platted, it is not reasonable to require a replat for just
adding the warranty language to the plat. In addition,when the warranted construction work
is located outside of the plat boundary, such as a developer required to construct off-site
improvements,the plat would not include the whole area under warranty. The requirement
would be better covered in the development agreement.
3. The Regulations currently state specifically that security posted to guarantee the developer's
completion of the public improvements will remain in effect through the required
maintenance and repair enod: The pro wl l gg w d allow flexibility to allow the
developer to replace one form of secun othef
With these revisions the Transitional Land' se Regulations will be consistent with the Land Use
Code.
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