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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/01/1999 - FIRST READING OF ORDINANCE NO. 95, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 19 DATE: June 1, 1999 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 of the Ordinance on First Reading. 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: I. Add language to define the start date of the 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 keeping with the City Council's charge to staff when the "Choice Streets" package was approved last fall,to make changes when necessary to 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: R s 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 i warranty shall begin on the date of completion and acceptance by the City of the public improvements. k f 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 period. The proposed language would allow flexibility to allow the developer to replace one form of security with another. With these revisions the Transitional Land Use Regulations will be consistent with the Land Use Code. ORDINANCE NO. 95, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS 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 WHEREAS, the City Council has determined that Sections 29-13 and 29-14 of the Transitional Land Use Regulations should be amended to clarify when the maintenance and repair guarantees for a development project must begin, and to clarify how the maintenance and repair guarantees shall be established in the event there is no plat involved in the development project,or in the event that the plat does not include the entire area being developed, and to allow flexibility in the replacement of the constriction security with a different instrument for the establishment of the maintenance and repair guarantees. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 29-13 of the Transitional Land Use Regulations is hereby amended to read as follows: Sec. 29-13. Maintenance and repair guarantees, and certificate of dedication. All final plats, whether approved pursuant to Section 29-526 (The Land Development Guidance System) or Section 29-643 (Final Plats for Standard Subdivisions) shall contain a maintenance guarantee, a repair guarantee and a certificate of dedication signed by the developer and the owner (as described in Section 2.2.3(C)(3)ofthe Land Use Code),whichprovide a two-year maintenance guarantee and five-year repair guaranteehallntnenc@tddte trf co�letionigfthepu Am_mbp _ c&bncae' the covering all errors or omissions in the design and/or construction. `lat �tr iitl ed of ifthe)plat dd snot inW61hpLbu i#kZOel en ifYenance and ,.pair darantees hQ1ftA..@q'b Pi sn x` ev�ment sac a��:p�r The � - specific provisions of the maintenance guarantee,repair guarantee and certificate of dedication shall be established by the City Engineer. Section 2. That Section 29-14 of the Transitional Land Use Regulations is hereby amended to read as follows: Sec. 29-14. Security for 4ev pmevE#ud the maintenance and repair guarantees. (a) Prior to the issuance of a Development Construction Permit for a new development, the developer must provide to the city a guarantee in the form of a development bond, performance bond, letter of credit, cash, certificate of deposit or other city-approved means to guarantee the completion of all public improvements to be constructed as shown on the approved plans for the development(hereafter referred to as the "construction security"). The amount of the construction security shall be equal to the total cost of the developer's portion of the public improvements,as estimated by the developer and approved by the City Engineer. However, draws upon the cons4; ion security shall not exceed the actual cost of completing a deficient development project or making any necessary repairs. As progress is made on the construction of the new public infrastructure, the developer may request a reduction in the amount of the coffiftuctimsecurity in proportion to the actual completion percentage of the installed infrastructure. Upon receipt of such a request, the city shall verify the completion percentage and permit the substitution of an approved A �on security instrument in an amount equal to the cost of the developer's portion of the remaining public improvements. (b) tmproventnt ,the seeerity siwtii be extended or renewed to eaver the two year nwtirftrianee guarantee Seiaty" .. W ' " tee j A.0 AM ON eepo;: extcf }ie fis 'de3 M n( ; .. . Il cfdier ° , prow ... "tb:seamesaztl tend atr r reeaedasit to ' " nrit The amount of the mar mte~," ' epai security during the maintenance guarantee period shall be based on a percentage of the cost of the public improvements. Said percentage shall be determined by the City Engineer based on the potential costs of repairs within the development and shall not exceed twenty-five(25)percent. At the conclusion of the two-year maintenanc period, representatives of the city and the developer shall jointly conduct an inspection of the development for the purpose of identifying any repairs or maintenance actions necessary before transfer of the maintenance responsibility from the developer to the city. Upon satisfactory completion of said repairs or maintenance actions, the city will assume the responsibility for maintaining the streets and other improvements which have been dedicated to the city. (c) Whether security must be provided by the developer for the remaining three(3)years of the repair guarantee period shall depend upon the condition of the streets and other public infrastructure within the development. The developer shall not be required to provide such additional riSamtenatee/repa5security for streets or infrastructure that, upon inspection by the City Engineer,are found not to exhibit any evidence of deterioration or defect (including, without limitation, excessive cracking, settlements, deflections,rutting,potholes,or other similar defects),other than normal wear and tear. However,if evidence of such deterioration or defect is exhibited,then the existing maintenance/repair security shall be required to be renewed, or a new maintenance/repair security shall be required for the final three (3)years of the repair guarantee period. The amount of the, air security during the repair guarantee period shall be based on a percentage of the cost of the public improvements. Said percentage shall be determined by the City Engineer based on the potential costs of repairs within the development, shall not exceed twenty-five(25)percent,and may be adjusted if appropriate during the guarantee period required pursuant to§29-13. Introduced and considered favorably on first reading and ordered published this 1 st day of June, A.D. 1999, and to be presented for final passage on the 15th day of June, A.D. 1999. Mayor ATTEST: • City Clerk Passed and adopted on final reading this 15th day of June, A.D. 1999. Mayor ATTEST: City Clerk