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HomeMy WebLinkAbout088 - 07/15/1986 - AMENDING CITY CODE REGARDING STREET OVERSIZING FEES, DEVELOPMENT REQUIREMENTS, AND CITY PARTICIPATIO ORDINANCE NO. 88, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN SECTIONS OF THE CODE OF THE CITY OF FORT COLLINS REGARDING STREET OVERSIZING FEES, DEVELOPMENT REQUIREMENTS, AND CITY PARTICIPATION OBLIGATIONS WHEREAS, the Code of the City contains certain ambiguities and imperfections with regard to the City's obligation to participate in the cost of oversizing streets within the City; and WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City that the Code be amended to clarify the City's obligation to participate in the cost of such oversizing, and to amend the Code with regard to oversizing fees and development requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Code of the City be amended as follows: Section 1. That Section 16-20 of the Code of the City be repealed and readopted to provide as follows: §16-20. Limit on assessments; city to pay certain costs. A. No property in the district shall be assessed for any improvement in an amount exceeding one-half (1/2) of such property's actual value. For the purpose of the within provision, the value of any property shall be conclusively presumed to be three and one third (3-1/3) times said property's valuation for assessment for general taxes for the year preceding the assessing ordinance as shown on the records of the County Assessor, Larimer County, Colorado. The foregoing limitation on assessments shall not apply in the case of any property when all of the owners of such property expressly waive the limitation in writing. B. In the event that a street is improved as an arterial or collector street rather than as a residential street, the City Engineer shall compute the extra expense caused by such streets being improved as arterial or collector streets and for traffic signalization when required because of collector or arterial status. Such cost shall be paid by the city out of the Street Oversizing Fund and shall not be assessed against particular properties in the district. The determination made by the City Engineer and approved by the City Council as to the cost to be apportioned by reason of improving a street as an arterial or collector rather than as a residential street shall be conclusive. Notwithstanding the foregoing, the city shall not participate in the cost of oversized street improvements required for the special use and benefit of the adjacent development, including, by way of example and not by way of limitation, acceleration and deceleration lanes, double left turn lanes, and traffic control signals, if required by the traffic impact study for the development, or, in the absence of such study, the City Traffic Engineer, and to the extent that such improvements are in addition to improvements associated with arterial -arterial intersections and one collector-arterial intersection per mile. Section 2. That Chapter 95, Article XIV, of the Code of the City be repealed and readopted to provide as follows: ARTICLE XIV Oversizing Fund §95-88. Establishment. There is hereby established a fund pursuant to the authority contained in Article V, Section 27, of the Charter of the City of Fort Collins for the payment of the cost of design, construction (and right-of-way acquisition as herein limited) of arterial and collector streets as provided herein within the City of Fort Collins. Into such fund shall be deposited all moneys collected pursuant to the provisions of this Article, and the moneys in such fund shall be expended solely as specified in Section 95-89. §95-89. Use of fund. A. Moneys collected pursuant to this Article shall be utilized to pay certain costs associated with increasing the width of streets and sidewalks to arterial or collector status, for traffic signalization when required because of collector or arterial status. Notwithstanding the foregoing, the city shall not participate in the cost of oversized street improvements required for the special use and benefit of the adjacent development, including, by way of example and not by way of limitation, acceleration and deceleration lanes, double left turn lanes, and traffic control signals, if required by the traffic impact study for the development, or, in the absence of such study, the City Traffic Engineer, and to the extent that such improvements are in addition to improvements associated with arterial -arterial intersections and one collector-arterial intersection per mile. The fund shall not be utilized to pay for right-of-way acquisition except in the case of realignment of the street, in which event the city shall pay only for the oversized portion of the right-of-way; and in the case of an offset of the street, in which event the city shall pay only for the additional right-of-way caused solely by the offset. B. The city shall have no obligation to make payment for street oversizing unless funds for such payment shall first have been budgeted and appropriated by the City Council . C. The city shall have no obligation to make payment for street oversizing improvements completed and accepted prior to August -2- 31, 1986 unless a written request for such payment in form acceptable to the city and providing reasonable detail of the expenses incurred shall have been submitted to the city on or before December 31, 1986. The city shall have no obligation to make payment for street oversizing improvements completed and accepted after August 31, 1986 unless a written request for such payment in form acceptable to the city and providing reasonable detail of the expenses incurred shall have been submitted to the city within 90 days of written city acceptance of such completed improvements. §95-90. Collection of fee. A. Residential uses. Hereafter no building permit shall be issued for the construction of any dwelling unit until a fee of Five Hundred Seventy-Five Dollars ($575) per dwelling unit has been paid to the Director of Finance of the City of Fort Collins. For the purposes of this section, any remodeling activity which results in the creation of an additional dwelling unit shall be subject to the payment of the fee as specified herein. All such payments shall be deposited by the Director of Finance into the Street Oversizing Fund. B. Industrial uses. No building permit shall be issued for the construction of any principal structure to be used for industrial use until a fee in the amount of Six Thousand Nine Hundred Dollars ($6,900) per gross acre of the total parcel has been paid to the Director of Finance. C. Commercial and business uses, fraternity and sorority houses, and nonresidential uses in the commercial allotment for planned unit developments. No building permit shall be issued for the construction of any principal structure to be used for commercial , fraternity, sorority , or business use (or nonresidential use in the commercial allotment for planned unit developments) until a fee in the amount of Thirteen Thousand Eight Hundred Dollars ($13,800) per gross acre of the total parcel has been paid to the Director of Finance. D. In the event that the building permit requested covers less than the entire parcel , the Director of Public Works shall determine the fee based upon the proportion of the property included in the building permit to the entire parcel . In the event of a joint use, the higher cost use shall be applicable. E. Dwelling unit. As used in this Article, "dwelling unit" shall be defined as one (1) or more rooms and a single kitchen designed for or occupied as a unit by one (1) family, for living and cooking purposes, located in a one-family or multiple-family dwelling. -3- §95-91. Fees reviewed annually. The fees set forth above shall be reviewed, and may be adjusted at least annually, in the month of October, by the City Council , upon the recommendation of the Director of Public Works, to reflect the expenses of street oversizing as indicated either by billings received by the city for street oversizing or by other reasonable means. §95-92. Waiver. The Director of Public Works may, upon application of any interested party, waive or otherwise adjust any of the fees set forth above for good and sufficient cause. Ability to pay shall not be considered to be sufficient cause for waiver or adjustment of fees. Any aggrieved party may appeal the decision of the Director of Public Works relating to waiver or adjustment of fees to the City Council . Said appeal shall be filed with the City Clerk within ten (10) days of the decision of the Director of Public Works. Section 3. That Section 99-6 C(4) and (F) of the Code of the City be repealed and readopted to provide as follows: §99-6. Improvements. C. (4) Streets and alleys. All streets shall be paved with curbs and gutters installed. All alleys, where permitted, shall be paved. In cases where a previously existing street which has not been brought up to city specifications is located within a subdivision, such street shall be paved with curbs and gutters installed in order to meet city specifications. All streets existing within the ownership of the lands which make up any subdivision shall be shown on the subdivision plat. If any subdivision is located adjacent to any existing street right-of-way, the subdivider shall improve residential streets to the full width and collector and arterial streets to one half width except as is otherwise provided hereinbelow, with pavement, curb, gutter, sidewalk and any other required street improvements as necessary to bring such street up to city specifications. Notwithstanding the foregoing, collector and arterial streets shall be constructed to such specifications as shall be necessary in the judgment of the City Engineer based upon traffic safety considerations, and taking into account the traffic impact of the development upon such arterial or collector street, however, no such arterial street shall be constructed to a width of less than thirty (30) feet. F. City participation in certain streets. In the event that a street within or adjacent to the development is improved as an arterial or collector street rather than as a residential street, the City Engineer shall compute the extra expense caused by such streets being improved as an arterial or collector -4- street and for traffic signalization when required because of collector or arterial status. In the event that an off-site street is improved to a width in excess of thirty-six (36) feet, and provided that such excess width is not required because of the impact of the development, the City Engineer shall compute the extra expense caused by such street being improved to such excess width. Such extra expense shall be paid by the city out of the Street Oversizing fund. The city's obligation to participate in such costs shall be limited to those funds budgeted and appropriated for the payment requested. The participation of the city shall be limited to the cost of design, construction, and right-of-way acquisition (as limited pursuant to Section 95-89), and costs of curbs, gutters or sidewalks exceeding residential standards. In the event that the right to develop has been forfeited or has terminated pursuant to paragraph H of this section, and no extension has been granted therefor, any right to city participation pursuant to this paragraph and Chapter 95, Article XIV of the Code shall be limited to those improvements substantially completed at the time of the termination. Introduced, considered favorably on first reading and ordered published this 1st day of July, A.D. 1986, and to be presented for final passage on the 15th day of July, A.D. 1986. Mayor ATTEST: nla City Clerk Passed and adopted on final reading this 15th day of July, A.D. 1986. Mayor , ATTEST: City Clerk -5-