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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