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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