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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CITY OF FORT COLLINS that Chapter 24, Article III, Division 2 (consisting of Sections 24-111 through 24-118) is hereby repealed in its entirety and readopted to read as follows: DIVISION 2.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