HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/18/2010 - FIRST READING OF ORDINANCE NO. 059, 2010, AMENDING DATE: May 18, 2010 M
STAFF: Randy Hensley • •• • ••
ID
First Reading of Ordinance No. 059, 2010, Amending Chapter 23 of the City Code Pertaining to Excavations,
Obstructions and Encroachments.
EXECUTIVE SUMMARY
This Ordinance will accomplish three things:
1. Section 23-20 of the Code will be amended to require anyone with an excavation permit to restore an
excavated area to its original condition when the excavation is complete.
2. Sections 23-61 through 23-67 of the Code pertaining to the obstruction permit will be amended to allow the
permit to be issued for non-construction-related purposes.
3. A housekeeping change to Section 23-81 of the Code clarifies the circumstances for issuance of the special
event permit, the obstruction permit, and the encroachment permit.
BACKGROUND / DISCUSSION
1. Excavations -Section 23-20
This amendment to the Code was requested by the Downtown Development Authority (DDA). The DDA is
implementing an alley improvement project in the Downtown area that will add significant improvement to the
Montezuma Fuller Alley and the Old Firehouse Alley. Other alleys have been improved in the past and other alleys
may be improved in the future. These improvements make the alleys more attractive, safe, inviting, pedestrian-
friendly,and usable. The improvements involve enhanced infrastructure,and includes improvements such as pavers,
flagstone, lighting, art-work, flower beds or planters, canopies, and similar elements. This amendment to the Code
is needed to ensure these improvements are replaced or restored with the same kind,quality,color,serviceability and
material composition in the event the improvements are damaged or disturbed in the future by a contractor or
developer, unless the City expressly agrees otherwise in writing.
2. Obstruction permits -Section 23-61 through Section 23-67
In the current City Code,the obstruction permit allows the permit holder to use an on-street parking space(or spaces)
in the public right-of-way for construction-related activity, such as staging equipment, materials, tools, dumpsters, or
other items needed to construct, remodel or otherwise improve a building. Currently, the obstruction permit may not
be used for non-construction-related activities, but there is an occasional need to do so(examples are given below.)
This ordinance amends the Code to define the conditions and process under which staff may issue a permit for the
use of on-street parking spaces for non-construction-related activities, and clarifies the conditions and process of
issuing a permit for use of on-street parking spaces for construction-related purposes.
Many of these activities have a public benefit and help to create the unique character of the downtown area. Examples
of when a non-construction-related permit might be needed are listed here(note--some of these are actual requests
that have not been accommodated due to current limitations in the Code):
• The Health Services District requests up to four spaces to place a lengthy medical services vehicle at the curb
to offer flu shoots, medical exams, or other medical services.
• The Downtown Business Association needs to use a space in excess of the allowed time limits to park a
support vehicle for Santa Claus during the holiday season.
• A downtown restaurant wants to use four spaces to offer temporary valet parking services to visiting national
journalists who are writing articles about Fort Collins.
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• A downtown business would like three spaces in front of its store for a two or three-day promotional event.
• Beet Street would like to use a few spaces for a"special event launch."
• The Greek Festival needs four spaces for a refrigerated truck.
• A charter school wants to use some spaces in connection with a fund-raiser.
• A bicycle race committee wants to stage a kiosk and judging platform in some on-street parking spaces next
to Old Town Square.
• A wedding party wants to park a limo in front of a reception hall.
In many respects,the justification for allowing permit applicants to use on-street parking spaces for activities like those
listed above is the same as the justification for allowing restaurants to use portions of the sidewalk for extra seating
during the summer season. The genesis for both uses is a private business occupying public space for a business
purpose that adds character, ambiance and "atmosphere" to the downtown area in a way that contributes to the
qualities that make downtown unique and attractive. The public benefit of making this Code change is the contribution
it makes toward keeping downtown as the crown jewel of Fort Collins, the "heart and soul" of the City that can be
enjoyed by every citizen and their guests and visitors.
In order to ensure that this proposed new use of an obstruction permit is reasonable and in the public interest,several
new regulatory elements are being proposed for the non-construction-related permit as part of this ordinance. NOTE:
The existing regulatory elements that apply to the construction-related permit will remain in place. The bullets below
are changes that apply to the non-construction-related permit.
• Handicap spaces cannot be obstructed.
• A permit cannot be issued for more than four days.
• An applicant may only receive two permits per year,and they may not be for consecutive time periods(in other
words, they cannot be issued "back-to-back.)
• The obstruction cannot be"overnight."
• The parking space that is to be obstructed must be adjacent to(i.e., in front of)the property of the applicant,
or the adjacent property owner's consent must be obtained.
• The City will retain the final authority to increase or decrease the number of spaces that can be used, and
ensure that the use is in the public interest, and may do so even in situations where an adjacent property
owner may not grant consent.
• Proof of insurance will be required to limit the City's liability.
• Fees for the permit will be determined by the City Manager,and will include an application fee,and a daily use
fee. The fees will recover the City's costs to administer the permit and provide an incentive to return the
parking spaces to service. Staff recommends the following fee structure:
• Application fee $25 (includes one day of use for first space)
o Use fee for additional days for first space $25/day
o Use fee for 2nd or more spaces $10/day
o NOTE: The fees above also apply to a construction-related permit for the first four days. Beginning on
day five,the use fee for construction-related spaces is$2/space/day for the remaining term of the permit.)
• Fees may be waived or reduced for governmental entities or if the City Manager or his designee
determines that it is in the public interest to do so.
• Permits may be denied or revoked if the terms of the permit are not met.
• Permit holders must clean up after themselves and return the parking space to its original condition when the
use of the permit is completed.
3. Encroachment permits -Section 23-81
These amendments to the Code are minor housekeeping amendments. In the past,there has been confusion about
the use of three different permits--the special event permit, the obstruction permit, and the encroachment permit.
This Code change makes the following distinctions:
• The special event permit will be used for large events that involves street closures, like New West Fest or a
parade.
• The obstruction permit will be used when the applicant wants to use parking spaces in the public right-of-way.
• The encroachment permit will be used when the applicant wants to use public property for any purpose not
covered by the special event permit or the obstruction permit. For example, if a restaurant wants to use a
portion of the sidewalk in front of its business for expanded seating, an encroachment permit would be
required.
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FINANCIAL IMPACT
This Ordinance is cost-neutral. The fees paid by the applicants for permits will cover the costs of issuing, monitoring
and inspecting the permits to insure the terms of the permit are met.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Economic: This Ordinance will have a positive economic impact for downtown. The changes to the Code that will
implement the non-construction-related permit will allow businesses to use adjacent parking spaces under controlled
conditions.to promote their businesses through special activities. These kinds of promotional events are of interest
to the public, and contribute to the vitality and spontaneous character of a vibrant downtown business climate.
Environmental: One of the conditions of the obstruction permit is a requirement that any additional permits needed
for the proposed use must be obtained from other departments or agencies as necessary. Therefore, any proposed
use with a potential environmental impact would either be denied or mitigated through the appropriate permitting
process.
Social: The health, safety and well-being of the public will be protected by various conditions in this Ordinance,
including such things as:
• Reasonable requirements concerning time, place and allowable activities needed to protect the safety of
people and property.
• Use of barriers or other control devices to insure the safety of vehicular and pedestrian traffic.
• Use of protected walkways for pedestrians if necessary.
• Adequate lighting, markings, signs, or other warning devices.
• A requirement that adequate drainage is maintained around the obstruction.
• The obstruction may not impede access to fire hydrants or stand pipes.
• Complete clean-up at the completion of the use of the permit is the responsibility of the permit holder.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
This item was discussed with the chair of the Transportation Board, and it was determined that it was not necessary
for the Board to review these Code changes.
PUBLIC OUTREACH
The changes proposed in this Ordinance were shared with the Board of the Downtown Business Association (DBA)
on April 14, 2010. This Board represents the interest of the association's membership of approximately 225
businesses and organizations. The DBA Board did not have any issues or concerns with these Code changes.
In addition,the information was shared at the Downtown Business Association general membership meeting on April
15, 2010. Approximately fifty businesses were represented at that meeting. One question was raised about using
parking spaces for non-parking uses when the adjacent business owner is opposed. It was pointed out that in Section
23-62(10)there is a requirement that the applicant for a non-construction-related permit obtain the adjacent property
owner's consent. This explanation was received with approval,and there were no other issues or concerns expressed
by the group.
ORDINANCE NO . 059, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO EXCAVATIONS , OBSTRUCTIONS AND ENCROACHMENTS
WHEREAS , the downtown area of Fort Collins has a character, ambiance, and "atmosphere"
that is vibrant, dynamic, and serves as a kind of "crown jewel" of the City; and
WHEREAS, part of the vibrancy of downtown is attributable to outdoor activities such as
sidewalk cafes, and the City Council has determined that other outdoor activities utilizing sidewalks
and, to a limited extent, parking spaces on downtown streets would add further vibrancy to the
downtown area; and
WHEREAS , currently the obstruction permit process contained in Chapter 23 of the City
Code only allows a permit holder to use parking spaces for construction related activity, and the City
Council has determined that obstruction permits should also be available for non-construction
related activities which might help to enhance the unique character of the downtown area; and
WHEREAS , the City Council has also determined that the City Code should be amended to
clarify when obstruction permits are appropriate for non-construction related activities and when
such activity should be permitted only through the City ' s "special event permit" process ; and
WHEREAS , the City Council has further determined that the City Code should also address
the additional enhancements to the downtown area that are proposed to be funded and promoted by
the Downtown Development Authority for certain of the alleys of the City including the Montezuma
Fuller Alley and the Old Firehouse Alley, so that when excavations are made in these enhanced
alleys, the alley enhancement improvements will be protected, and the alleys will be returned to their
original condition following such excavations .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 23 -20 of the Code of the City of Fort Collins is hereby amended
by the addition of a new subparagraph (c) which reads as follows :
Sec. 23-20. Requirements for performance of work.
(c) if the permit holder or any agent or representative thereof causes damage to
any public infrastructure, including, without limitation, any surface pavers,
flagstones, or other stone or concrete surfaces, planters, street lights, decorative
lights, or canopies, such damage shall be promptly repaired using the same kind,
quality, color, serviceability and material composition aspects as the infrastructure
damaged, unless otherwise expressly agreed to by the City in writing. Paver repair
and replacement in downtown alleys shall comply with the City's specific
requirements for pavers .
Section 2 . That Section 23 -61 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec . 23 -61 . Permit required; application.
(a) Any person desiring to occupy any eity property or any portion of a streef,
alley or arking space on a public street in the City in connection with the
maintenance, erection, construction, remodeling or demolition of any building or
improvement on property abutting or adjacent thereto shall make written application
to the Planning Development and Transportation Director (hereafter in this Division,
the "Director") for an obstruction permit on a form prepared and provided by the
City.
(b) Any person desiring to occupy any parking space on a public street in the
City for any purpose not specified in Subparagraph (a) above, shall make written
application to the Director for such obstruction permit on forms prepared and
provided by the City, subject to the following restrictions :
1 . Handicapped parking spaces and adjacent loading areas shall not be
obstructed.
2 . The permit shall not be valid for more than four (4) consecutive days and
shall not be granted for consecutive time periods .
3 . An applicant shall not apply for more than two (2) permits in a calendar
year.
4 . No parking space shall be obstructed overnight.
5 . The permit shall apply only to parking spaces that abut property owned by
the applicant unless the owner of the property has consented to the issuance
of the permit as provided in § 23 -62( 10) or unless the City Manager
determines that it is in the best interests of the health, safety or welfare of
the City and its citizens that the permit be issued for parking spaces
adjacent to property not owned by the applicant.
6 . The provisions of this Subparagraph (b) shall not apply to special events
for which a permit is required under §23 . 5 -2 of this Code.
(c) Application for, and approval of, the modification of a permit shall be
required before any change is made in the size or configuration of the area that is the
subject of a permit issued under this Section and/or any change is made in the nature,
purpose or duration of the obstruction that was authorized by the permit.
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Section 3 . That Section 23 -62 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23-62. Contents of application.
(-a)The application shall contain the following information :
( 1 ) Tthe applicant's name, address, email address (if available) and telephone
number;
(2) Tthe eity property, street, alley or sidewalk aff-ectcd and the exten
affected parking spaces that are the subject of the permit;
(3 ) the location of the proposed obstruction including Tthe address of the
property on which the work is to be doncabutting the area or space which
is the subject of the permit;
(4) The reason for the obstrurtionthe type of obstruction and the purpose of
the obstruction;
(5 ) Tthe amount of time the peIIIIIiL '13 .period of time that the
obstruction will be in place, including date and time;
(6) a statement that the applicant agrees to abide by the provisions of this
Division;
(7) a description of the proposed obstruction sufficient to fully inform the City
Manager of the character and physical attributes of the obstruction and the
Director to perform a complete and competent examination of the
application under the criteria contained in § 23 -83 (a) ;
(8) evidence of the applicant ' s ability and willingness to provide liability
insurance insuring the City in a sum not less than one million dollars
($ 1 ,000,000 .) , proof of which insurance shall be provided to the City prior
to issuance of the permit, unless the requirement to provide such insurance
is waived by the Director;
(9) a statement that the applicant agrees to be responsible for barricading the
parking spaces in a manner acceptable to the Director;
( 10) a statement that the applicant is the fee owner of the real property abutting
the parking space(s) for which the obstruction permit is sought, or, if the
applicant is not the fee owner of such real property, then the abutting
property owner' s written consent to the obstruction; and
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(bl1 ) a statement that Tthe applicant shall agrees in to
be bound by all of the provisions of this Article and the rules and
regulations established by the Planning Development and Transport
DirectorCity, including, without limitation, payments of fees, satisfying
additional permit conditions, and obtaining any additional permits from
other departments or agencies, as necessary.
Section 4 . That Section 23 -63 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23 -63 . Fees and conditions .
(a) A fee shalf be char8cd for cach application fifcd ntider this Section f6r tile
followinge
( f ) Sidewalks ; metered and finic fimit parking . The fee for the first fiftyT'7"'7'7
feet shaf f bc a base fec of tcn dollars ($ f 0 . ) pfus an additional fee of five
dollars ($ 5 . ) for each additional ten ( 10) feet.
(2) t�nrcstrictcd parking areas . Thk. fee shall be five dollars ($ 5 . ) per space 0
portion thcrcof per month with a minitimin charge of tcn dof f ars ( $ 10 . ) .
(3 ) Single parking srace . The fee shall be one dollar ( $ 1 . ) per space or portio
(4) The mininmm charge on all permits shall be ten dollars (S 10 . ) per month .
(b) For purposes of this Section, a space is defined as twelve ( f -2) feet o
frontage for diagonal parking and twenty-two (2-2) feet of frontage for paraffell
parking .
(a) At the time of issuance of a permit hereunder, and at the time of any
renewal or modification of such permit, the applicant shall pay an application fee and
an additional fee per parking space per day to help defray the costs incurred by the
City in processing and administering the permit program including, without
limitation, the cost of enforcement and the cost of inspection of the spaces that are
the subject of the application; provided, however, that the Director may waive part
or all of the fees for governmental agencies . The amount of said fees shall be
determined and established by the City Manager, pursuant to the provisions of
Article I of Chapter 7 . 5 .
(b) The Director may condition the issuance and use of an obstruction permit
on such requirements as are reasonably necessary to protect the safety of persons and
property and the use and control of vehicular and pedestrian traffic, including
limitations on time, place and allowed activities ; payment of fees ; obtaining any
additional permits from other departments or agencies as necessary; and providing
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any fencing or barriers that the Director requires in order to protect pedestrian and
vehicular traffic from the obstruction and associated dangers . If required, the permit
holder shall build and maintain a good and substantial, protected walkway around
the obstruction. The permit holder shall adequately light and mark the obstruction
to protect pedestrian and vehicular traffic .
Section 5 . That Section 23 - 64 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23-64. Term of permit ; renewal and revocation.
(a) A permit may be issued only for the period of time necessary to complete
the purpose for which the permit was issued. No permit require issued under this
Articic § 23 -61 (a) shall be issued for a period of more than ninety (90) days,;
provided, however, that the Planning Dcvelopnictit and Transport Director may
renew any such permit for one ( 1 ) or more additional ninety-day periods upon
written application and payment of the applicable renewal fee as provided in § 23 -63 .
The term of a permit issued under § 23 -61 (b) shall be limited in accordance with
Subparagraphs (2) and (3 ) thereof.
(b) Any permit issued under this Article may be denied or revoked by the
Nanning Development and Transportation Director if the holder fails to obtain any
other necessary permits, fails to conduct the activity in compliance with the terms
and conditions of the permit, violates any of the provisions of this Article, state law,
local ordinances , or the applicable rules and regulations of Transportation Services
erthe City, or if the work allowed by the permit unduly interferes with pedestrian or
vehicular traffic, or otherwise poses a threat to the health and safety of the public .
Section 6 . That Section 23 -65 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Sec. 23 -65. Surety bond required ; conditions;
acceptable corporate surety bond in the amotint of ten thousand dollars (S 10 , 000 . )
conditioned on the ffifthful performance of the work in accordance with the rules an
loss , costs and charges or expenses that may be brought against it by any person o
account of 111JUly LU F%,130M or property resulting from or occasioned by the
occupation of ttie eity property or the street, alley or sidewalk that is the subject o
the permit.
Section 7 . That Section 23 -66 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
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vvalkvvays and
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markings.
The holder of any permit issued under this Article shall provide the fencing-flTe
Planning Delvelopment and Transportation Birecto, , equit es to protect pedestrian an
vchicniar traffic . ff rcqnircd, thc pennit holder shall bvild and maintain a good and
substantial protected walk-way around the obstruction. The permit holder shall
adequately light and mark the obstruction to protect pedestrian and vehiettlar traffic .
Section 8 . That Section 23 -67 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23 -6-765. Adequate drainage and access to fire hydrants required.
Any person holding a permit issued under this Article shall take such measures
as may be required to insure that adequate drainage is maintained around the
obstruction. All fire hydrants shall bc kcpt 6car of all building materials, rubbish and
other obstructions, and easy access to such hydrants shall bc providcd and such fire
hydrants shall be kept clear at all times shall be kept clear of fire hydrants and stand
pipes and ready access shall be provided to them at all times.
Section 9 . That Section 23 -68 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23 -6866. Removal of obstruction upon completion of work.
Upon completion of the work or activity, the permit holder shall remove all
obstructions , materials, debris and rubbish rior to the expiration
of the permit term.
Section 10 . That Section 23 -69 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23 -6967. PernritteePermlt holder liable in case of nonconformance.
If any permit holder fails to do anything required hercunde comply with the
requirements of § § 23 -65 or 23 -66 of this Article , or fails to perform any work under
the permit, the Planning Development and Transportation Director may cause the
work to be done and compliance accomplished, and the cost shall be charged to the
holder of the permit, and the holder of the permit shall be liable for such costs . The
failure of any permit holder to comply with the terms and conditions of the permit
or to vacate the permitted premises upon revocation or expiration of the permit,
whether for cause or without cause, shall be deemed to constitute a violation of the
Code and shall be punishable in accordance with § 1 - 15 .
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Section 11 . That Section 23 -81 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 23-81 . Permit required ; application.
Any person desiring to place or erect a building, fence, barrier, post or other
obstractions or encroachments within any City-owned property or any street, avenue,
alley, sidewalk, highway or public right-of-way in the City shall file a written
application for a permit upon a form prepared and provided by the City. The
provisions of this Division shall not apply to special events as defined in § 23 . 5 -2 of
this Code or to parking spaces as regulated by § 23 -61 et seq. , above .
Introduced, considered favorably on first reading, and ordered published this 18th day of
May, A.D . 2010, and to be presented for final passage on the 1 st day of June, A.D . 2010 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 1 st day of June, A.D . 2010 .
Mayor
ATTEST :
City Clerk
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