HomeMy WebLinkAbout222 - 12/15/1998 - AMENDING THE DEFINITION OF ''STREET'' AND CHANGING THE TERM ''DIRECTOR OF ENGINEERING'' TO ''CITY EN ORDINANCE NO. 222, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE DEFINITION OF "STREET"
AND CHANGING THE TERM "DIRECTOR OF ENGINEERING"
TO "CITY ENGINEER" AS THOSE TERMS ARE CONTAINED
IN THE CODE OF THE CITY OF FORT COLLINS AND IN
THE TRANSITIONAL LAND USE REGULATIONS, AND
AMENDING SECTION 24-112 OF THE CODE OF THE CITY OF
FORT COLLINS BY CHANGING THE TERM "RESIDENTIAL STREET" TO
"LOCAL STREET" AND THE TERM "TRAFFIC" TO "TRANSPORTATION"
WHEREAS,on March 27, 1997,the Council of the City of Fort Collins adopted the City of
Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, the Land Use Code, as amended, contains a definition of "street" which is
different from and preferable to the current definition of the term "street" as contained in the Code
of the City of Fort Collins (the "City Code") and in the Transitional Land Use Regulations; and
WHEREAS,because the City Manager has changed the City's organizational structure such
that the City no longer employs a"Director of Engineering"but,instead,employs a"City Engineer,"
City staff is recommending that the City's Land Use Code be amended to change the term"Director
of Engineering"to"City Engineer,"so that the City Code and the Transitional Land Use Regulations
should be similarly amended to conform to actual practice and to the terminology in the Land Use
Code; and
WHEREAS, Section 24-112 of the City Code pertaining to the Street Oversizing
Reimbursement Program should be amended to refer to "local streets" rather than "residential
streets" and to change the term "traffic" to "transportation", and
WHEREAS,the Transportation Board has been informed ofthe proposed changes to the City
Code and the Transitional Land Use Regulations and had no objections to said changes; and
WHEREAS, the Planning and Zoning Board approved the same language when it
recommended adoption of the Land Use Code and its amendments; and
WHEREAS, the Council has determined that the proposed amendments to the City Code
and the Transitional Land Use Regulations are in the best interests of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of"street" as contained in Section 1-2 of the Code of the
City of Fort Collins is hereby amended to read as follows:
Sec. 1-2. Definitions; rules of construction.
Street. The word street shall mean a public way (whether publicly or privately
owned)used or intended to be used for carrying vehicular,bicycle and/or pedestrian
traffic, and shall include the entire area within the public right-of-way and/or public
access easement.
Section 2. That the definition of"street"as contained in Section 29-1 of the Transitional
Land Use Regulations is hereby amended to read as follows:
Street shall mean a public way (whether publicly or privately owned) used or
intended to be used for carrying vehicular,bicycle and/or pedestrian traffic and shall
include the entire area within the public right-of-way and/or public access easement.
Section 3. That the Code of the City of Fort Collins and the Transitional Land Use
Regulations are hereby amended by changing all references from"Director of Engineering"to"City
Engineer."
Section 4. That Section 24-112(a) and (b) of the Code of the City of Fort Collins are
hereby amended to read as follows:
Sec. 24-112. Street oversizing reimbursement program.
(a) Street oversizing capital improvement fee revenue collected pursuant to §§
7.5-19 and 7.5-32 shall be utilized to pay certain costs associated with and necessary
for increasing the width of streets and sidewalks from local access status to arterial
or collector status; acquiring the necessary right-of-way to accommodate the
expansion of such streets and sidewalks; providing traffic signalization when
required because of collector or arterial status; and expanding the city's transit
system. Payments for such purposes may be made directly by the city or in the form
of reimbursements to the developers of real property in the city according to the
provisions of this Division. Those categories of cost which will be eligible for
reimbursement from the fund shall be determined by the City Engineer, who shall
maintain an itemization of the same in the form of administrative guidelines.The city
shall not participate in the cost of street oversizing improvements required solely for
the special use and benefit of the adjacent development, including, without
limitation, any acceleration or deceleration lanes. double left-turn lanes, or traffic-
control signals that are required by the transportation impact study for the
development or by the Traffic Engineer. Notwithstanding the foregoing, street
oversizing funds may be utilized to pay for all traffic-control signals associated with
arterial-arterial intersections and for one (1) such signal per collector-arterial
intersection per mile. Monies expended for street oversizing improvements shall not
be utilized to pay for the cost of increasing the depth of the local access portion of
any street required to be constructed to arterial or collector standards.
(b) The City Council shall, by resolution, adopt criteria to evaluate the
community benefit of streets in a development project to determine whether street
oversizing improvements are needed. If the city determines that the construction of
street oversizing improvements do not convey a measurable community benefit
according to such criteria,then no monies expended by the developer for such street
oversizing expenditures shall be eligible for reimbursement by the city and the street
construction requirements for the development shall be limited to those reasonably
necessary to offset the traffic impacts of the development. All collector and arterial
streets, if required, shall be constructed to such specifications as shall be necessary
in the judgment of the City Engineer based on traffic safety considerations, and
taking into account the transportation impact of the development upon such arterial
or collector street.No such arterial street shall be constructed to a width of less than
thirty-six (36) feet.
Introduced and considered favorably on first reading and ordered published this 1st day of
December, A.D. 1998, and to be presented for final passage on the 15th day of December, A.D.
1998.
Mayor Pro Tern
ATTEST:
—4UL�kl •.
City Clerk
Passed and adopted on final reading this 15th day of Dec fiber, A.D. 1998.
ayor
ATTEST:
City Clerk