HomeMy WebLinkAbout152 - 01/03/1989 - AMENDING CITY CODE PERTAINING TO STREET OVERSIZING ORDINANCE NO. 152, 1988
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 24, ARTICLE III, DIVISION 2
OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO STREET OVERSIZING
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 24, Article III, Division 2 (consisting of Sections
24-111 through 24-118) is hereby repealed in its entirety and readopted to
read as follows:
DIVISION 2. STREET
OVERSIZING FUNDS
Sec. 24-111. Definitions.
Dwelling unit shall be defined as one (1) or more rooms
designed, occupied or intended for occupancy as separate living
quarters, with cooking, sleeping and sanitary facilities provided
within the dwelling unit for the exclusive use of a single family
maintaining a household.
Family shall have the meaning ascribed to it in Section 29-1 of
this Code.
Fee shall mean the street oversizing fee.
Fund shall mean the street oversizing fund.
Proportionate acreage, as used in this Division, shall be the
percentage of the total land area equal to the percentage of the
new building or addition size to the total building size, based
on the following formula:
Proportionate acreage = total parcel area ( new structure size )
(total structure size)
Sec. 24-112. Categories of use.
Based on average traffic volumes by use, the building permit
uses have been placed in the following categories to determine
their street oversizing fee. Any future building use not listed
below will be placed in the category as determined by the
Director of Engineering based on projected traffic impacts.
(a) Category "A" uses, as used in this Division, shall mean one
(1) of the following:
(1) Residential uses:
Boarding/Rooming House
Detention Home
Fourteen or More Family Building
Group Home
Mobile Home
Retirement Home
Single Family Attached
Single Family Detached
Seven to Thirteen Family Building
Three to Six Family Building
Two Family Duplex
(2) Non-residential uses:
Cemetery
Community Park
Golf Course
Historic Site/Monument
Neighborhood Park
Regional Park
Trail
(b) Category "B" uses, as used in this Division, shall mean
one (1) of the following:
Church
Enclosed Mini-Storage
Fieldhouse
Fire Station
Fraternal Organization
Fraternity/Sorority
Funeral Home
Gas/Electric Utility Systems
Greenhouse
Jail
Library
Military
Museum
Nursing Home
Open Storage
Police Station
Prison
Public Elementary School
Public Junior High School
Public Senior High School
Public Swimming Pool
Public Vocational School
Public College/University
Radio/Television Communications Systems
Research Laboratory
Sanitarium
Secondary Metal Products Manufacturing/Assembly
Secondary Non-Metal Products Manufacturing/Assembly
Stadium
Telephone/Telegraph Communications Systems
Warehouse
Water/Wastewater Treatment Plant
(c) Category "C" uses, as used in this Division, shall mean one
(1) of the following:
Building Materials
Freight Terminal
Major Products Manufacturing
Mining/Mineral Exploration
Postal Communications
Primary Products Manufacturing
Transportation Terminal
(d) Category "D" uses, as used in this Division, shall mean one
(1) of the following:
Amusement Shop
Apparel Shop
Aquarium Shop
Theater
Auto Dealership
Bank, Including Drive-in Bank
Bar/Tavern
Child Care Center
Convenience Store
Drive-in Restaurant
Fast Food Restaurant
Furniture Store
Gymnasium
Hardware Store
Hospital
Hotel/Motel
Other Tourist Accommodations
Pet Store
Pharmacy
Psychiatric Hospital
Repair Garage
Restaurant/Cafe
Service Station
Shopping Mall
Specialty Store
Supermarket
(e) Category "E" uses, as used in this Division, shall mean one
(1) of the following:
Accounting Office
Administrative Office-Commercial
Administrative Office-Government
Administrative Office-Industrial
Administrative Office-Transportation
Administrative Office-Utilities
Amphitheatre
Architect/Engineering/Planning
Attorney Office
Business Service
Insurance Office
Investment Office
Medical Office or Clinic
Parking Garage
Personal Services
Real Estate Office
Veterinary/Animal Clinic
Sec. 24-113. Collection of fee for "A" uses.
Hereafter, no building permit shall be issued for the
construction of any dwelling unit until a fee of five hundred
eighty-four dollars ($584. ) per dwelling unit has been paid to
the Financial Officer. 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. No building permit shall be issued for
the initial installation of a mobile home on a lot in a mobile
home park constructed after November 25, 1988, until a fee in the
amount of five hundred eighty-four dollars ($584. ) has been paid
to the Financial Officer. No building permit shall be issued for
the construction or installation of any other structure to be
applied to a non-residential use until a fee in the amount of
three thousand three hundred forty-two dollars ($3342. ) per acre
of the total parcel has been paid to the Financial Officer. If a
fee has not previously been paid for the total parcel , then no
building permit shall be issued for an additional structure or
addition to a principal structure to be applied to
non-residential uses until a fee in the amount of three thousand
three hundred forty-two dollars ($3342. ) per acre of the
proportionate acreage of the total parcel has been paid to the
Financial Officer.
Sec. 24-114. Collection of fee for "B" uses.
No building permit shall be issued for the construction of any
principal structure to be applied to a Category "B" use until a
fee in the amount of five thousand two hundred fifty-two dollars
($5252. ) per acre of the total parcel has been paid to the
Financial Officer. If a fee has not previously been paid for the
total parcel , then no building permit shall be issued for an
additional structure or addition to a principal structure to be
applied to a Category "B" use until a fee in the amount of five
thousand two hundred fifty-two dollars ($5252. ) per acre of the
proportionate acreage of the total parcel has been paid to the
Financial Officer.
Sec. 24-115. Collection of fees for "C" uses.
No building permit shall be issued for the construction of any
principal structure to be applied to a Category "C" use until a
fee in the amount of seven thousand three dollars ($7003. ) per
acre of the total parcel has been paid to the Financial Officer.
If a fee has not previously been paid for the total parcel , then
no building permit shall be issued for an additional or addition
to a principal structure to be applied to a Category "C" use
until a fee in the amount of seven thousand three dollars
($7003. ) per acre of the proportionate acreage of the total
parcel has been paid to the Financial Officer.
Sec. 24-116. Collection of fees for "D" uses.
No building permit shall be issued for the construction of any
principal structure to be applied to a Category "D" use until a
fee in the amount of fourteen thousand five dollars ($14,005. )
per acre of the total parcel has been paid to the Financial
Officer. If a fee has not previously been paid for the total
parcel , then no building permit shall be issued for an additional
structure or addition to a principal structure to be applied to a
Category "D" use until a fee in the amount of fourteen thousand
five dollars ($14,005. ) per acre of the proportionate acreage of
the total parcel has been paid to the Financial Officer.
Sec. 24-117. Collection of fees for "E" uses and non-residential
uses in the commercial allotment for Planned Unit
Developments.
No building permit shall be issued for the construction of any
principal structure to be applied to a Category "E" use (or a
non-residential use in the commercial allotment for a Planned
Unit Development) until a fee in the amount of ten thousand five
hundred four dollars ($10,504. ) per acre of the total parcel has
been paid to the Financial Officer. If a fee has not previously
been paid for the total parcel , then no building permit shall be
issued for an additional structure or addition to a principal
structure to be applied to a Category " E" use ( or a
non-residential use in the commercial allotment for a Planned
Unit Development) until a fee in the amount of ten thousand five
hundred four dollars ($10,504. ) per acre of the proportionate
acreage of the total parcel has been paid to the Financial
Officer.
Sec. 24-118. Calculation of fee.
(a) The Director of Engineering shall determine the fee for
each lot or tract requesting the issuance of a building permit
based on the acreage of the total parcel . If two (2) or more
buildings are planned for a single lot or tract, the total fee
for such lot or tract shall be due and payable upon the issuance
of the first building permit; provided, however, that the owner
of such lot or tract may request in writing that the fee be
apportioned among all buildings planned for the parcel and the
specific apportionment for each building is approved by the
Director of Engineering.
(b) The fee category shall be determined by the intended use
of the building. In the event of mixed or joint use, the higher
fee use shall be applicable.
Sec. 24-119. Fees reviewed annually.
The fees set forth in this Division shall be reviewed and may
be adjusted annually by the City Council , upon the recommendation
of the Director of Engineering, to reflect the expenses of street
oversizing as indicated either by billings received by the city
for street oversizing or other reasonable means.
Sec. 24-120. Fee waiver, appeal .
(a) Exceptional hardship. The Director of Engineering, upon
application of any interested party, may waive or otherwise
adjust any of the fees set forth above in order to prevent
manifest injustice. No such waiver shall be granted unless, by
reason of extraordinary and exceptional situations or conditions
of the property which is the subject of the fee, the strict
application of this Division would result in peculiar and
exceptional hardship upon the owner of such property; provided,
however, that such relief may be granted without substantial
detriment to the public good and without substantially impairing
the intent and purposes of this Division. No such hardship shall
be founded upon ability or inability to pay the fee. Any
decision of the Director of Engineering pursuant to this Section
may be appealed to the City Manager. Any decision of the City
Manager pursuant to this Section may be appealed to the City
Council in accordance with Chapter 2, Division 3 of the Code.
(b) Contribution to economic development. The City Council on
or before March 21, 1989 may exempt in whole or in part any
business, industry, corporation or organization which is
identified as encouraging the economic development and
opportunities of the city by providing primary employment
opportunities, increasing private investment in the community,
and improving the quality of life for Fort Collins residents. In
the event of any such exemption and to the extent permitted by
Article V of the Charter, monies shall be trans- ferred from the
general fund or other appropriate fund of the city into thestreet
oversizing fund in the amount of any exempted portion of the fee.
Sec. 24-121. Use of funds.
(a) Monies collected pursuant to this Division shall be
utilized to pay certain costs associated with and necessary for
increasing the width of streets and sidewalks from residential
access status to arterial or collector status and for traffic
signalization when required because of collector or arterial
status. Those categories of cost, which will be eligible for
reimbursement from the fund shall be determined by the Director
of Engineering, who shall maintain an itemization of the same in
the form of administrative guidelines. 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. Such improvements may
include, 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 Traffic
Engineer; provided, however, that street oversizing funds shall
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 collected
pursuant to this Division shall not be utilized to pay for the
cost of increasing the depth of the residential access portion of
any street required to be constructed to arterial or collector
standards. The fund shall not be used 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 needed solely for the offset.
(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
oversized street 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 Director of Engineering based on traffic
safety considerations, and taking into account the traffic 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.
(c) The city shall have no obligation to make reimbursement
payments for street oversizing unless funds for such payments
shall first have been budgeted and appropriated from the fund by
the City Council ; provided, however, that, to the extent that
funds are not available for such reimbursement, the City shall
not require construction, at the developer's expense, of any
oversized portion of streets not reasonably necessary to offset
the traffic impacts of the subject development, unless otherwise
agreed upon by the City and the developer. The city shall have
no obligation to make payment for street oversizing improvements
completed and accepted prior to August 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 and proof of the expenses
incurred shall have been submitted to the city within ninety (90)
days of written city acceptance of such completed improvements.
(d) In order to limit the payments of the fee to the amount
budgeted and appropriated, the city may make the following
payments subject to the limitations as contained in Subparagraph
(c) above:
(1) Upon acceptance and approval by the city of a payment
request for street oversizing funds, the city may pay a
percentage of the amount requested. The percent of initial
payment shall be determined by the Director of Engineering
prior to the start of the applicable budget year.
(2) At the close of the submittal period for the applicable
budget year, the city will proportionally reimburse any
remaining revenues from that budget year to development
projects that had received a percentage reimbursement.
Such proportionate reimbursement shall be based upon the
following ratio:
Total revenues budgeted and appropriated = Proportionate reimbursement
Total of requested payments for street oversizing of each requested payment
Introduced, considered favorably on first reading, and ordered
published this 20th day of December, A.D. 1988, and to be presented for
final passage on the 3rd day of January, A.D. 1989.
Mayor -
.ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of January, A.D.
1989.
Mayor
TFEST:
City Clerk