HomeMy WebLinkAbout113 - 08/04/1987 - AMENDING THE CITY CODE BY MAKING PROVISION FOR THE EXPEDITED REVIEW AND APPROVAL OF MINOR SUBDIVISIO ORDINANCE NO. 1131 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY BY THE ADDITION
OF A NEW SECTION 99-4(D) MAKING PROVISION FOR THE
EXPEDITED REVIEW AND APPROVAL OF MINOR SUBDIVISIONS
WHEREAS, the Council of the City of Fort Collins has determined that
it is in the best interests of the citizens of the City that an expedited
review and approval process be established for the purpose of approving,
disapproving, or approving with conditions minor subdivisions; and
WHEREAS, the Council has further determined that such review process
should be delegated to the Planning Director in lieu of review by the
Planning and Zoning Board.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 99-4 of the Code of the City be amended by
the addition of a new subparagraph (D) to provide as follows:
§99-4. Approval procedure for subdivision plats.
D. Minor subdivisions.
(1) Purpose. The minor subdivision procedure may be used
for subdivision of a parcel into not more than six (6)
lots. A minor subdivision plat shall not be approved
if the property is within a parcel , any part of which
has been subdivided by a minor subdivision plat within
the immediately preceding twelve (12) months. This
section shall be deemed to vest authority in the
Planning Director to review and approve, disapprove or
approve with conditions, minor subdivisions qualifying
hereunder, in lieu of Planning and Zoning Board review
as authorized pursuant to Ordinance No. 158, 1986.
(2) Minor subdivision - application and form.
(a) The applicant for approval of a minor subdivision
shall submit an application for the subdivision
which shall contain such information as may be
required by the Planning Director, an application
fee in the sum of One Hundred Dollars ($100.) and
twenty (20) blue or black-line prints on
twenty-four by thirty-six inch (24 x 36 ) paper.
The Planning Director may require the submission of
separate site and utility plans for the
construction of any improvements required or
proposed, together with a traffic study, drainage
and grading plans and report for the site, and such
other plans and documents as are necessary for a
full and proper review of the application.
Omft-
(b) The minor subdivision plat shall be prepared by a
professional land surveyor licensed to practice in
the State of Colorado and shall be submitted with
the application.
(c) A title block shall be located in the lower
righthand corner of the plat and shall contain the
following:
(i) Proposed name of the subdivision in prominent
letters;
(ii) Location of the area to be subdivided by
reference to U . S . survey, public land
description or prior platted subdivision
name;
(iii) Date;
(iv) Horizontal scale which shall be one hundred
(100) feet to the inch or larger unless a
smaller scale is approved by the Planning
Director;
(v) Name and address of the owner(s) , subdivider,
and proprietors (as defined by Colorado
statutes) and the name and license number of
the land surveyor or engineer.
(d) The plat shall include a vicinity map showing the
area within one-half mile of any part of the
perimeter of the subdivision.
(e) A signature block shall be included on the plat
with provision for the signature of the owners and
proprietors of the property, surveyor, Planning
Director, City Engineer, and certifying attorney.
(f) The Planning Director may require the submission of
separate site and utility plans for the
construction of any improvements required or
proposed, together with a traffic study, drainage
and grading plans and report for the site, and such
other plans and documents as are necessary for a
full and proper review of the application. All
such documents shall be submitted in accordance
with the form as required by the City of Fort
Collins Development Manual .
(3) Minor subdivision - process.
(a) Upon receipt of a complete application, the
Planning Director shall distribute copies of the
application or notice of the application to the
affected municipal departments and utility
companies and to all property owners within five
hundred (500) feet of the proposed subdivision.
The property proposed to be subdivided shall also
be posted, giving notice to the general public of
the proposed subdivision and of the hearing
thereon. Such notices shall be disseminated and
posted not less than seven (7) days in advance of
the hearing on the proposed subdivision.
(b) The Planning Director shall hold public hearings in
his/her office on the first and third Thursday of
each month, at 1:30 p.m. , for the purpose of
approving , disapproving or approving with
conditions the proposed minor subdivision.
(c) If the Planning Director determines that the
subdivision as proposed may be detrimental to the
public health, safety or welfare or does not
qualify as a minor subdivision, or involves factors
which should be reviewed by the Planning and Zoning
Board, he/she shall treat the application as a
standard submission and refer the subdivision to
the Planning and Zoning Board, unless the applicant
withdraws the application. Upon withdrawal , the
applicant shall forfeit any application fees
previously paid. If the applicant does not
withdraw the application, it shall pay such
additional fees as may be required for processing
plats under the standard preliminary and final plat
procedures and shall receive credit for all fees
paid pursuant to Section 99-4(D) (2) (a) .
(4) Rights-of-way and easements.
(a) All lots in a minor subdivision shall front on a
dedicated right-of-way.
(b) A right-of-way or easement dedicated as a part of a
minor subdivision shall meet the dimensional and
other requirements for rights-of-way set out in
this chapter and the design criteria and standards
of the City for streets and utilities.
(5) Design standards and improvements.
The design standards and construction requirements of
this chapter shall apply to all minor subdivisions. No
minor subdivision may be approved until the plans are
complete, the plat, landscape covenants (if applicable)
and development agreement are executed by the developer
and other necessary parties and such other documents as
may be applicable to the subdivision have been
submitted in proper form and fully executed.
(6) Survey, monumentation, plat execution.
Minor subdivisions shall meet all requirements of the
City and Colorado law regarding surveying, plat
execution and monumentation.
(7) Planning Department action on minor subdivision
applications.
(a) The Planning Director shall , after hearing, approve
the plat, disapprove the plat, approve the plat
with conditions, or inform the applicant of his/her
determination to treat the plat as a standard
subdivision pursuant to Section 99-4(D) (3) (b) and
request the applicant to advise, in writing, of its
decision to either withdraw the application or
process the application as a standard subdivision.
Failure to take action in accordance with this
section does not constitute plat approval . The
decision of the Planning Director shall be given at
the hearing and shall be final unless appealed to
the Planning and Zoning Board, which appeal may be
brought by any party in interest as defined in
Section 3A-2 of the Code. Any such appeal shall be
considered by the Planning and Zoning Board as a
new hearing on the application, and all notice
requirements for standard subdivisions shall be
applicable to such appeal . No decision shall
prevent the applicant from refiling an application
for standard subdivision approval by the Planning
and Zoning Board.
(b) Upon notification of plat approval , the applicant
shall construct the required public improvements,
complete required surveying and monumentation, make
corrections to the plat and submit a black-line
mylar reproducible plat of the subdivision on
twenty-four by thirty-six inch (24" x 36") mylar.
(c) The Planning Director shall sign the plat upon a
determination that the subdivision and plat meets
all the requirements of this section. The Planning
Director shall retain a duplicate reproducible
mylar copy of the plat furnished by the applicant.
Upon approval of the minor subdivision, the
original mylar shall be recorded by the City in the
office of the Larimer County Clerk and Recorder and
a copy shall be filed with the City Clerk.
(8) Vacations and dedications of streets and easements. In
the event that the minor subdivision process is used to
resubdivide or replat a previously approved minor
subdivision, and in the event that such resubdivision
or replat shall include the vacation of streets and/or
easements, such vacation shall be accomplished by
ordinance or resolution of the City Council as required
by Colorado statutes and the Code of the City.
Dedications of streets and easements for minor
subdivisions may be accepted by the Planning Director
or City Engineer on behalf of the City.
Section 2. That Section 99-3 (B)(1) be repealed and readopted to
provide as follows:
(1) All plats of a subdivision of land within the City of Fort
Collins shall be filed and recorded only after having been
approved by the Planning and Zoning Board, or, in the case of a
minor subdivision, by the Planning Director, with such approval
evidenced in writing on the plat and signed by the City Clerk.
Introduced, considered favorably on first reading, and ordered
published this 21st day of July, A.D. , 1987, and to be presented for final
passage on the 4th day of August, A.D. 1987.
ATTEST: M 4yor
City Clerk
1987.Passed and adopted on final reading this 4th day of August, A.D.
ATTEST• Mayor
City Clerk