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HomeMy WebLinkAbout021 - 06/16/1968 - REGULATING THE SUBDIVISION OF LAND, PROVIDING A PROCEDURE FOR PROCESSING PLANS, ESTABLISHING DESIGN ORDINANCE NO 21 , 1968 BEING A COMPREBENSIVE ORDINANCE REGULATING THE SUBDIVISION OF LAND, PROVIDING A PROCEDURE FOR PROCESSING PLANS, ESTABLISHING DESIGN STANDARDS, REQUIRING IMPROVEMENTS, DEFINING CERTAIN TERMS AND DESCRIBING METHODS FOR VARIANCES, ENFORCEMENT, IN`MPRFTATION, AMENDMENT, SEPARABILITY AND REPEALS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Application of Regulations 1 1 Authority No final Plat of a subdivision shall be approved and accepted by the City of Fort Collins unless it conforms to the provisions of this Ordinance 1 2 Control a Whoever divides a lot, tract or parcel of land into two or more tracts lots, sites or parcels, any part of which when subdivided shall contain less than ten (10) acres in area, or whoever divides a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future of building development, shall be subject to the provisions of this Ordinance b 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 City Council with such approval evidenced in writing on the Plat and signed by the City Clerk c From and after the effective date of this Ordinance no building shall be erected on any lot that is not a part of an official subdivision approved in accordance with the provisions of this Ordinance, nor shall any Building Permit be issued for any building to be placed on anylot which is not a part of an official subdivision approved in accordance with the provisions of this Ordinance 1 3 Jurisdiction This Ordinance shall be applicable to all lands located within the corporate boundaries of the City provided, however, that this Ordinance shall not apply to any lots forming a part of a subdivision created and recorded prior to the effective date of this Ordinance Section 2 Procedure The following procedures shall be followed in order to process and obtain approval for a subdivision plat 2 1 Vicinity Sketch Map At or prior to the time of submitting a preliminary plat, a subdivider shall present to the Planning Director a Vicinity Sketch Map Such Vicinity Sketch Map shall be at a scale of one inch equals six hundred (1"=600 ft ) and shall extend at least one-quarter mile in each direction beyond the boundaries of the proposed subdivision Such Vicinity Sketch Map shall show existing streets and highways, natural drainage courses and similar major natural or manmade features of the area In addition, such map shall inchoate the major uses of property in the area covered by the map, including residential, commercial, industrial and public uses 2 2 Preliminary Plat After or at the time of submission of the Vicinity Sketch Map a subdivider shall present to the Planning Director a Preliminary Plat of the area being subdivided Such preliminary plat shall be processed in the following manner a The subdivider shall provide the Planning Director with fourteen (14) copies of the preliminary plat At the time of filing of the preliminary plat the sub- divider shall pay a fee in the amount of Fifteen ($15 00) Dollars to cover the cost of review The Planning Director shall when appropriate furnish the following agencies and offices with a copy of such plat for review and comments 1 Fire Department 2 Department of Light and Power 3 Department of Parks and Recreation 4 Department of Public Works (2 copies) 5 Public Service Company (6 Telephone Company (7 Ditch and Irrigation Companies _r_F_ (8) Public School District (9) State Highway Department (10) Larimer County (11) Post Office (12) City Attorney Such offices and agencies shall advise the Planning Director of any objections to such plat within seven (7) days after the receipt of the same and failure to object within such seven (7) days shall constitute approval by such office or agency b Within thirty (30) days after the preliminary plat has been submitted to the Planning Director the Planning Director shall either approve, conditionally approve or disapprove the same and shall advise the subdivider of his actions In the event the Planning Director requires additional time for review, he shall notify the subdivider in writing of the extended time period required which shall not exceed thirty (30) days In the event the plat is conditionally approved or disapproved, the reason and/or conditions shall be set forth in writing c In the event the actions of the Planning Director are not satisfactory to the subdivider, the subdivider may so advise the Planning Director and in such event the matter of the preliminary plat shall be placed on the agenda of the next meeting of the Planning and Zoning Board At such meeting the Planning and Zoning Board shall either approve, conditionally approve or disapprove the same d In taking action on a preliminary plat, the Planning Director and the Planning and Zoning Board shall consider any comments received from agencies or offices receiving copies of the preliminary plat e Approval of a preliminary plat shall be valid for a period of two years and in the event the final plat covers only a portion of the territory covered by the preliminary plat, such approval of the preliminary plat shall be automatically renewed for additional two year periods following the approval of each final plat unless the Planning and Zoning Board notifies the subdivider to the contrary f All preliminary plate shall be made at a scale of either one inch equals fifty feet (1 =50 feet) or one inch equals one hundred feet (1 =100 feet) and shall be on a reproducable medium of one or more sheets with outer dimensions of 24 inches by 36 inches and shall contain the following information (1) The proposed name of the subdivision (2) Location and boundaries of the subdivision, tied to an official United States Government survey (3) The names and addresses of the subdivider and the engineer or surveyor preparing the plat (4) The date of preparation, the scale and a symbol designating true North, (5) The total acreage contained in the subdivision (6) The location and dimensions for all existing streets, alleys, easements and water courses within and adjacent to the subdivision and the names of all such streets, (7) The location and dimensions of all proposed streets, alleys, easements, lot lines and areas to be reserved or dedicated for parks, schools or other public uses and the names of all such streets, (8) Topography at two-ft intervals (9) Designation of any area subject to inundation, (10) Land use breakdown including number of residential lots and typical lot sizes (11) Proposed sites, if any, for multi-family residential use, business areas, industrial areas, churches or other non-public uses exclusive of one-family residential areas, (12) Zoning on and adjacent to the subdivision, (13) The names of abutting subdivisions or the names of the owners of abutting unplatted property, (14) The location and size of existing utilities within or adjacent to the subdivision, -2- (15) In addition, the subdivider shall provide such additional infor- mation as may be required by the Planning Director in order to adequately describe proposed utilities systems, surface improve- ments or other construction projects contemplated within the area to be subdivided In the event the preliminary plat does not include adjoining property in the same ownership, a development plan shall also be required which shall show the entire adjoining property owned by the developer and shall designate proposed land use, suggest street layout, major land forms and natural drainage courses Fourteen copies of such development plan shall be provided The scale for such development plan shall be the same as required for a preliminary plat 2 3 Final Plat After approval of the preliminary plat and within the time that such approval is still valid, the subdivider shall present the final plat to the Planning Director a The final plat shall be processed as follows (1) The subdivider shall supply fourteen (14) copies of the final plat to the Planning Director and shall pay a fee of Fifteen ($15 00) Dollars to cover the costs of processing the final plat The same shall be presented to the Planning Director at least ten days before the meeting of the Planning and Zoning Board at which it is to be considered (2) The Planning Director shall review such final plat and shall fur- nish copies to the offices and agencies which reviewed the preliminary plat for their review and comments Such offices and agencies shall advise the Planning Director of any objections to such plat within seven days after the receipt of the same and failure to object within such period shall constitute approval by such office or agency The Planning Director shall present the final plat together with any comments of reviewing offices and agencies to the Planning and Zoning Board at the next timely meeting of such Board (3) The Planning and Zoning Board shall review the final plat and shall either approve, approve with conditions or reject the same (4) After taking action on the final plat, the Planning and Zoning Board shall submit the same together with its recommendations thereon to the City Council (5) Upon receipt of the plat and recommendation of the Planning and Zoning Board, the City Council shall either approve or disapprove the final plat or refer the same back to the Planning and Zoning Board for further study (6) The subdivider shall cause the fire 1 plat to be recorded in the office of the Larimer County Clerk and Recorder within ninety (90) days after receiving approval from the City Council In the event the plat is not recorded within such time, the approval of the City Council shall no longer apply unless the subdivider has been granted an extension of time within which to file the plat after making written application therefor to the City Council b The final plat shall be prepared as follows (1) The final plat shall conform to the preliminary plat as approved except that the final plat may constitute only a portion of the territory covered by the preliminary plat (2) The drawing shall be made at a scale of either one inch equals fifth feet (1 =50 feet) or one inch equals one hundred feet f (1 =100 feet) by the use of India Ink or other equally substantial solution on a reproducible medium of one or more sheets with an outer dimension of 24 inches by 36 inches -3- c The final plat shall contain the following information (1) The name of the subdivision (2) The date of preparation the scale and symbol designating true North (3) Legal description of the property (4) A complete description of primary control points to which all dimensions, angles, bearings and similar data on the plat shall be referred (5) The boundary lines of the subdivision, right-of-way lines of streets, easements and other rights-of-way, irrigation ditches and lot lines with accurate bearings and distances (6) Designations of all streetq and other rights-of-way including dimensions and names of such streets (7) Location and dimensions of any easements (8) Each lot or site shall be identified by a number and the area in square feet of each lot shall be designated (9) The location and description of all monuments shall be shown (10) Statement of land ownership by the subdivider (11) Statement by owner dedicating streets, easements, rights-of-way and any sites for public uses (12) Certification by surveyor or engineer as to accuracy of survey and plat (13) Appropriate space for certification of approval by the Planning and Zoning Board and the City Council d Each final plat shall be accompanied by the following (1) A bond or certified check covering the estimated cost of the required improvements shall be posted with the City to guarantee the completion of the public improvements in the subdivision in accordance with the official specifications of the City of Fort Collins The subdivider shall furnish a figure based on engineer- ing data representing the estimated cost of such public improve- ments, which amount must be approved by the City Engineer In the event the area covered by any subdivision is to be developed in sections, the bond or certified check shall be such amount as is necessary to cover that part of the subdivision under construction The requirements of this section may be waived by the City Council after study and recommendation by the Planning and Zoning Board and upon the written application of the subdivider, provided that the subdivider can show acceptable evidence of financial responsi- bility and further provided that such variance is not detrimental to the public good and does not impair the intent and purpose of this Ordinance Such evidence of financial responsibility shall be confidential (2) Certification of title by a licensed attorney that the statement of land ownership contained on the plat is correct Section 3 Design Standards 3 1 Site Considerations a Steep or unstable land and areas having inadequate drainage shall not be subdivided into building lots unless the subdivider makes adequate provisions to prevent the same endangering life, health or other property b Any lands subject to flooding or any natural drainage channels shall not be platted as building lots unless adequate provisions to eliminate or control flood hazards in the subdivision or on other affected lands are made by the subdivider and approved by the City Engineer c If any part of a residential subdivision borders a railroad right-of- way, either a parallel street adjacent to said roadway or a landscaped 50-ft buffer strip adjacent to such railway shall be required or the lots adjacent to such right-of-way shall have a minimum depth of 150 £t d Outstanding natural and cultural features such as scenic spots, water courses and historic sites and buildings shall be preserved insofar as possible 3 2 Streets, Alleys and Easements a Streets on a subdivision plat shall conform to the Plan for Progress of the City of Fort Collins where applicable -4- b All streets shall be aligned to join with planned or existing streets c All streets shall be designed to bear a logical relationship to the topography of the land d Intersections of streets shall be at right angles unless otherwise approved by the City Engineer e Cul-de-sacs shall be permitted only if they are not more than 660 feet in length and have a turn-around at the end thereof with a diameter of at least 100 feet Surface drainage on a cul-de-sac shall be toward the intersecting street, if possible, and, if not possible, a drainage easement shall be provided from the cul-de-sac f Except as provided above for cul-de-sacs, no deadend streets shall be permitted except in cases where such streets are designed to connect with future streets on adjacent land in which case the temporary turn- around easement at the end thereof with a diameter of at least 80 feet must be provided Such turn-around easement shall not be required if no lots in the subdivision are dependent on such street for access g In the event residential lots in a subdivision are adjacent to a major arterial street, no access to individual lots from such arterial street shall be permitted Lots adjacent to an arterial street shall have a minimum depth of 150 feet h Reverse curves on major arterial streets shall be joined by a tangent at least 200 feet in length i The subdivider will not be permitted to reserve a strip of land between a dedicated street and adjacent property for the purpose of controlling access to such street from such property, except with the permission of the City, and, in any event, only if the control of such strip is < given to the City j Street alley, and easement right-of-way widths and grades shall meet the following standards Classification Minimum Right-of- Minimum Maximum Way Width Grade Grade Major arterial streets 100 feet 0 4f 5J Collector streets 80 feet 0 4� 8f Local streets 60 feet 0 4f iq Marginal access streets 40 feet 0 4% 1qO Alleys (where permitted) 20 feet None None Sideyard easements 10 feet None None All other easements 16 feet None None The full width of any street shall be dedicated and half-streets shall not be permitted k Alleys and other easements shall be controlled by the following require- ments (1) Alleys in residential subdivisions shall not be permitted except in cases when the same are necessary and desirable to continue an existing pattern (2) Alleys shall be provided in commercial and industrial areas unless other provisions are made and approved for service access (3) Easements of such widths as necessary shall be provided on each side of all rear lot lines and along the side of side lot lines as necessary for utilities Where alleys are permitted, they may be used as a substitute for such easements (4) Storm drainage easements shall be provided as required and approved by the City Engineer (5) The subdivider shall be responsible for adequate provisions to eliminate or control flood hazards associated withthe subdivision Agreements concerning storm water drainage between private parties shall be subject to City review and approval -5- 3 3 Blocks All blocks in a subdivision shall have a length of at least 400 feet but no more than 1,320 feet 3 4 Lots a No lot in a subdivision shall have less area than required under applicable zoning requirements of the City b Each lot shall provide vehicular access to a public street c Lots with both a front and rear frontage on a street shall not be permitted except where necessary to provide separation from major arterial streets or from incompatible land uses d Side lot lines shall be substantially at right angles or radial to street lines 3 5 Public Sites, Reservations and Dedications a A subdivider shall be required to dedicate rights-of-way for public streets, drainage easements and utility easements as needed to serve the area being platted In cases where any part of an existing road is in the tract being subdivided, subdivider shall dedicate such additional right-of-way as is necessary to increase such roadway to the minimum width required under this ordinance for such street b Reservation of sites for flood control purposes and other municipal uses shall be mutually agreed upon between the subdivider and the City Council c Six per cent (6J) of the total land area of the tract being sub- divided shall be dedicated for park purposes (in a location which is acceptable to the City Council) except in cases where other satis- factory arrangements are made and approved by the City Council These other arrangements may be in the form of a dedication at the time of annexation or an equivalent cash settlement which will permit the City to acquire suitable park land Section 4 Improvements Before the City Clerk certifies the acceptance of any final plat, he shall be notified in writing by the City Engineer that the required improvements have been accept- ably designed according to City specifications and except where such requirements have been waived by the City Council pursuant to this Ordinance, that the completion bond or certified check is sufficient to cover the cost of the construction of the required improvements 4 1 Required Improvements Prior to Issuance of Building Permit The following improvements shall be required prior to the issuance of a building permit a Survey monuments As required by City specifications b Sanitary sewers The subdivider shall provide adequate lines and stubs to each lot c Water mains The subdivider shall provide adequate mains and stubs to each lot d Fire hydrants As required according to City specifications -6- e Storm drainage A subdivider shall provide storm sewers, culverts and bridges where required f Streets and alleys Streets and alleys shall be graded and base construction completed 4 2 Required Improvements Prior to Issuance of Certificate of Occupancy The following improvements shall be required prior to the issuance of a certificate of occupancy In cases where the strict interpretation of this provision would place undue hardship upon the person requesting the certificate of occupancy, he may be permitted to establish an escrow account in an amount acceptable to the City which will cover the cost of completion of the required improvements and the maintenance of any incomplete street sections which might be involved The amount so placed in escrow shall be available to insure to the City that the subject improvements are installed in the event the person requesting the certificate of occupancy fails to install the same as agreed a Sidewalks As required by City specifications b Street signs As required by City specificiations c utilities (telephone, electric services and gas lines) All utilities shall be installed underground and, where applicable, shall be in place prior to street or alley surfacing Above aground facilities necessarily appurtenant to underground facilities shall be permitted Existing utility facilities or other installation of peripheral over- head electrical transmission and distribution feeder lines, or other installation of either temporary or peripheral overhead communications, distance, trunk or feeder lines may be above ground d Streets and alleys All streets shall be paved with curb and gutter 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 curb and gutter 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 subdLivision plat e Street lights As required according to City specifications f Other All other improvements required as a condition of approval of the plat shall be completed 4 3 Procedure No improvements shall be made until all required plans, profiles and specifications for the same have been submitted to and approved by the City Engineer 4 4 Release of Guarantee As each portion of the improvements in a subdivision is completed and after inspection and acceptance by the City Engineer, the amount of guarantee covering that phase of the development shall be released on the written request of the subdivider to the City Council Section 5 Definitions As used in this Ordinance, the following words shall be interpreted and defined in accordance with the provisions set forth below 5 1 Rules of Construction of Language a The particular controls the general b In case of difference of meaning or implication between the text of this Ordinance and the captions for each Section, the text shall control c The word "shall is mandatory and not directory The word 'may is permissive -7- d Words used in the present tense include the future and words in the plural include the singular and words of one gender include all other genders, unless the context clearly indicates the contrary 5 2 Streets The term street means a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, thoroughway, road, avenue, boulevard, land, place, or however otherwise designated a Major arterial streets are streets or highways which are used primarily for fast or heavy traffic b Collector streets are streets or roads which carry traffic from local streets to the system of major arterial streets or highways and are designed to move traffic to parks, schools and shopping centers serving residential neighborhoods c Local streets are streets which are used primarily for access to the abutting properties d Marginal access streets are local streets which are parallel to and adjacent to expressways or major arterials and which provide access to abutting properties and protection from through traffic e Alleys are minor ways used primarily for vehicular service access to the back of properties otherwise abutting on a street 5 3 Subdivider The term ' subdivider or ' developer means any person, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale and lease of a sub- division 5 4 Subdivision The term subdivision means the division of a lot, tract or parcel of land into two or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development 5 5 City The term city means the City of Fort Collins and reference to any boards, councils or administrative officials shall refer to those of the City of Fort Collins Section 6 Variances 6 1 When Permitted The City Council may, after study and recommendations by the Planning and Zoning Board, authorize variances under this Ordinance in cases where because of except- ional topographical, soil or other subsurface conditions or other conditions peculiar to the site, the hardship would be caused to a subdivider by the strict application of any of the provisions of this Ordinance Such variances shall not be granted if the same would be detrimental to public good or impair the intent and purposes of this Ordinance The recommendation of the Planning and Zoning Board on any application for a variance shall be set forth in writing in the minutes of said Board and the action of the City Council shall likewise be set forth in writing in the minutes of the Council 6 2 Planned Unit Development The design standard specified in Section 3 of this Ordinance may be modified in the case of a planned unit development authorized under the Zoning Ordinances of the City of Fort Collins A planned unit development shall not be exempted from any of the other requirements of this Ordinance except as set forth specifically in this Ordinance -8- r Section 7 Administrative Provisions 7 1 Penalty Any person who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor, punishable as set forth in the Ordinances of the City of Fort Collins Each day that a violation of this Ordinance continues shall constitute a separate and distinct offense under this Ordinance 7 2 Interpretation In the interpretation and application of the provisions of this Ordinance the following regulations shall govern a Provisions are minimum requirements In their interpretation and application the provisions of this Ordinance shall be regarded as a minimum requirement for the protection of the public health, safety, comfort, morals, convenience, prosperity and welfare This Ordinance shall be regarded as remedial and shall be liberally construed to further its underlying purposes b Application of overlapping regulations Whenever both a provision of this Ordinance and any other provision of this Ordinance or any pro- vision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering any of the same sub- ject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern c fisting permits This Ordinance is not intended and shall not abrogate or annul any permits issued before the effective date of this Ordinance 7 3 Separability It is hereby declared to be the legislative intent of the City Council that the several provisions of this Ordinance shall be severable in accordance with the provisions set forth below a If any provision is declared invalid by a decision of any Court of competent jurisdiction, it is hereby declared to be the legislative intent that (1) the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid, and, (2) such decision shall not affect, impair or nullify this Ordinance as a whole or any other part thereof but the rest of this Ordinance shall continue in full force and effect b If the application of this Ordinance to any tract of land is declared to be invalid by a decision of any Court of competent jurisdiction it is hereby declared to be the legislative intent that a (1) the effect of such decision shall be limited to that tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree d'znvalzdzty was rendered, and, (2) such decision shall not affect, impair or nullify this Ordi- nance as a whole or the application of any provision thereof to any other tract of land 7 4 Repeals All Ordinances of the City of Fort Collins inconsistent herewith to the extent of such inconsistency, and no further, are hereby repealed -9- 7 5 Effective date This ordinance shall be effective 10 days after passage on final reading except that Section 3 Sc of this ordinance shall not become effective until September 1 1968 Introducea considered favorablg on first reading and ordered published this 16th day of May A D 1968 and to be presented for final passage on the 16th day of June A D 1968 Mayor ATTEST City Clerk Passed and adopted on final reading as amenaed this 6th day of June A D 1968 Ma}or ATTEST City Clerk 10