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Home My WebLink About177 - 10/20/1998 - AMENDING THE LAND USE CODE AND THE TRANSITIONAL LAND USE REGULATIONS PERTAINING TO DEVELOPMENT CONST ORDINANCE NO. 177, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE AND THE TRANSITIONAL LAND USE REGULATIONS PERTAINING TO DEVELOPMENT CONSTRUCTION PERMITS AND CONSTRUCTION INSPECTION FEES WHEREAS,the City Engineer has prepared and presented to the Council a program known as the "Choice Streets System"which program is intended to improve the technical standards and regulatory authorities governing the construction and maintenance of streets and related infrastructure in the City; and WHEREAS, in order to better organize the transition from the planning process to the construction process, the City Engineer has recommended the requirement of the issuance of a development construction permit; and WHEREAS,the Council has determined that a development construction permit procedure would benefit the City by establishing a process for assembling and disseminating information; providing better construction coordination; creating a threshold for the completion of the planning phase and the commencement of the construction phase of a development plan; and allowing for better time and work load management for the City staff and utility companies; and WHEREAS, the Planning and Zoning Board and the Transportation Board have recommended the adoption of the program; and WHEREAS, the Council has determined that the passage of this ordinance is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Article 2 of the Land Use Code be amended by the addition of a new Division 2.6 and by renumbering the existing Division 2.6 and all subsequent divisions accordingly, with the new Division 2.6 to read as follows: DIVISION 2.6 DEVELOPMENT CONSTRUCTION PERMITS Sections: 2.6.1 Purpose 2.6.2 Applicability 2.6.3 Development Construction Permit Review Procedures 2.6.1 Purpose A Development Construction Permit is required in order to coordinate the transition from completion of the development review process to the construction process. 2.6.2 Applicability A Development Construction Permit shall be required for all development that is required to construct public infrastructure improvements that,upon completion,will be owned or maintained by the city. 2.6.3 Development Construction Permit Review Procedures An application for a Development Construction Permit shall be processed according to, in compliance with, and subject to the provisions contained in Division 2.1 and Steps(1)through(12)of the Common Development Review Procedures (Section 2.2.1 through 2.2.12, inclusive), as follows: (A) Step 1 (Conceptual Review): Not applicable. (B) Step 2 (Neighborhood Meeting): Not applicable. (C) Step 3(A) (Development Application Forms): Not applicable, and in substitution therefor, all applications for Development Construction Permits shall be in a form established by the City Engineer and made available to the public. Step 3(B) (Consolidated Development Applications and Review):Not applicable. Step 3(C)(Development Application Contents):Applicable. Step 3(D) (Submittal Hearing Date Schedule): Not applicable. Step 3(E) (Development Review Fees): Not applicable, and in substitution therefor, the applicant for a Development Construction Permit shall remit to the city an application fee and a construction inspection fee in the amounts as are 2 authorized to be established pursuant to Chapter 7.5, Article I of the City Code. (D) Step 4(Determination of Sufficiency):Applicable except that the term "City Engineer" shall be substituted for the term "Director". (E) Step 5 (Staff Report): Not applicable. (F) Step 6 (Notice): Not applicable. (G) Step 7(Public Hearing): Not applicable, and in substitution therefor, an application for a Development Construction Permit shall be processed, reviewed, considered and approved,approved with modifications,or denied by the City Engineer based on its compliance with the Site Specific Development Plan,the City Code and all regulations related to such permit adopted by the city by reference or otherwise, as amended. (H) Step S (Standards): Not applicable, and in substitution therefor, an application for a Development Construction Permit shall be reviewed for compliance with the Site Specific Development Plan,the City Code and all regulations related to such permit adopted by the city by reference or otherwise as amended. (I) Step 9 (Conditions of Approval): Applicable. (J) Step 10 (Amendments): Not applicable, and in substitution therefor, amendments to Development Construction Permits may be authorized by the City Engineer only as allowed under the Development Construction Permit regulations adopted by the city by reference or otherwise,as amended,provided that the amended Development Construction Permit remains in compliance with the applicable standards. (K) Step 11(Lapse): Not applicable,and in substitution therefor, a Development Construction Permit shall be subject to the following lapse and extension provisions: (1) Prior to commencement of construction. If construction has not commenced within sixty (60) days from the date of issuance of the Development 3 Construction Permit,such permit shall expire,and all fees paid therefor shall be forfeited. (2) Following commencement of construction. If construction has timely commenced,the Development Construction Permit shall expire upon the passage of one (1)year from the date of issuance thereof. (3) Extensions. The applicant for a Development Construction Permit may apply for an extension of the term of such permit if such application is filed with the City Engineer at least two (2) weeks prior to the permit expiration date. Such application shall contain good and sufficient reasons as to why an extension is necessary; and, for good cause shown, the City Engineer may grant extensions; provided, however, that no extension shall be granted for a term in excess of six (6) months, and no extension shall be granted which, in the judgement of the City Engineer, would be detrimental to the public health, safety or welfare. (L) Step 12 (Appeals): Not applicable, and in substitution therefor,appeals of any final decision of the City Engineer on a Development Construction Permit application shall be in accordance with Division 2.11;provided,however,that such appeals may be filed only by persons who possess a legal or equitable interest in the specific real property which is the subject of the decision. Section 2. That Section 2.11.1(B) of the Land Use Code, as renumbered by Section 1 above,be amended by the addition of a new subparagraph(7)and the existing subparagraph(7)shall be renumbered and amended to read as follows: (7) The issuance of a Development Construction Permit under Section 2.6.3. (8) The issuance of a building permit under Section 2.7.3. Section 3. That the Transitional Land Use Regulations shall be amended by the addition of a new Section 29-12, to read in its entirety as follows: Sec. 29-12. Development construction permit. A development construction permit shall be required for all development that is required to construct public infrastructure and improvements that,upon completion, 4 will be owned or maintained by the city. Such permit is required in order to coordinate the transition from completion of the development review process to the construction process. Applicants for a development construction permit shall remit to the city an application fee and a construction inspection fee, which fee shall be payable at such times and in such amounts as may be determined by the City Manager,pursuant to the provisions of Chapter 7.5, Article I of the City Code. The application procedures, submittal requirements, issuance determinations, standards for issuance, amendments, expiration (lapse) and extension provisions and appeal provisions for such development construction permits shall be the same as those established for such permits pursuant to Section 2.6.3 of the Land Use Code. Section 4. That all references to Divisions of Article 2 affected by this ordinance that are presently contained in the Land Use Code be changed to correspond to the renumbering caused by reason of this ordinance. Section 5. That all changes to the Land Use Code and the Transitional Land Use Regulations caused by reason of this ordinance shall take effect on January 1, 1999. Any development project which has not commenced substantial construction activities as of said date shall be subject to the provisions of this ordinance. Introduced and considered favorably on first reading and ordered published in summary form this 6th day of October,A.D. 1998,and to be presented for final passa 20th day of r, A.D. 1998. or ATTEST: I City Clerk Passed and adopted on final reading this 20th day of Octobe 98. ATTEST: City Clerk 5