HomeMy WebLinkAbout034 - 04/03/1984 - ADOPTING REVISIONS TO CHAPTER 99, SUBDIVISION OF LAND, OF THE CITY CODE ORDINANCE NO. 34 , 1984
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING REVISIONS TO CHAPTER 99,
SUBDIVISION OF LAND, OF THE CODE
OF THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Section 99-4 of the Code of the City of Fort Collins
be repealed and readcpted as follows:
599-4. Approval procedure for subdivision plats.
The following procedures shall be followed in order to process
and obtain approval for a subdivision plat:
A. Conceptual review. A subdivider shall confer with represen-
tatives o t e Planning Department involved in serving the
proposed subdivision. It shall be the responsibility of the
Planning Director to contact and invite these departments
to a joint meeting. At conceptual review, the subdivider
shall present to the Planning Director a vicinity sketch map.
Such vicinity sketch map shall be at a scale of one (1) inch
equals six hundred (600) feet and shall show an area extending
at least one-fourth (1/4) 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 man made fea-
tures of the area. In addition, such map shall indicate the
major uses of property in the area covered by the map, in-
cluding residential , commercial , industrial and public uses.
Following the conceptual review, the Planning Director shall
furnish the subdivider with his written comments concerning
the conference, including appropriate recommendations to
inform and assist the subdivider prior to preparing the
components of the preliminary plat.
B. Preliminary plat. Following conceptual review and the sub-
mission o1 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:
(1) The subdivider shall provide the Planning Director with
twenty (20) copies of the preliminary plat. At the time
of the filing of the preliminary plat, the subdivider
shall pay a fee in the amount of fifty dollars ($50.) 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:
(a) Fire Department
(b) Department of Light and Power
(c) Department of Parks and Recreation
(d) Engineering Services Unit
(e) Public Service Company
(f) Telephone Company
(g) Ditch and irrigation companies.
(h) Public School District.
(i ) State Highway Department.
(j) Department of Water and Sewer.
(k) Police Department
(1 ) Zoning Inspector
(m) Storm Drainage
(n) Comprehensive Planning
(o) Transportation Services
(p) City4s Right-of-Way Agent
(q) U.P.R.R. & B & N R.R.
(r) Cable TV
(s) Western Slope Gas Company
(t) Department of Energy
Such offices and agencies shall advise the Planning
Director of any objections to the preliminary plat within
fourteen (14) calendar days after receipt of same,
failure to object within such fourteen (14) days shall
consitute approval by such office or agency.
(2) Filings of preliminary subdivision plats shall be accepted
by the Planning Department on or about the fifth (5th) of
each month. The Planning Director shall place the item
on the agenda for the following , month° s Planning and
Zoning Board meeting. At such meeting the Planning and
Zoning Board shall review the preliminary plat and take
final action, either approving, approving with conditions,
disapproving or tabling for future consideration.
(3) In taking action on a preliminary plat, the Planning and
Zoning Board shall consider any comments received from
agencies or offices receiving copies of the preliminary
plat.
(4) Approval of a preliminary plat shall be valid for a period
of twelve (12) months. Within this twelve month period,
the application should proceed by filing of a final plat
with the Planning Department.
Upon written application, and for good cause, the Planning
Director may extend the preliminary approval period for
successive six (6) month periods ( normally no more
than two (2) such six-month extensions are allowed without
a rehearing before the Planning and Zoning Board) . If no
final plat is filed with the Planning Department within
such time, the right to proceed under the preliminary
shall expire.
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(5) All preliminary plats shall be made at a scale of either
one (1) inch equals fifty (50) feet or one (1) inch equals
one hundred (100) feet and shall be on a reproducible
medium of one (1) or more sheets with outer dimensiors of
twenty-four by thirty-six (24 x 36) inches and shall
contain the following information:
(a) The proposed name of the subdivision.
(b) Location and boundaries of the subdivision, tied to
two (2) official United States Government monuments
which form a single line.
(c) The names and addresses of the subdivider and the
engineer or surveyor preparing the plat.
(d) The date of preparation, the scale and a symbol
designating true North.
(e) The total acreage contained in the subdivision.
(f) The location and dimensions for all existing streets,
alleys, easements and watercourses within and ad-
jacent to the subdivision and the names of all such
streets.
(g) The location and dimensions for 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.
(h) Topography at two-foot intervals.
(i ) Designation of any area subject to inundation.
(j) Land-use breakdown, including the number of residen-
tial lots and typical lot sizes.
(k) Proposed sites, if any, for multifamily residential
use, business areas, industrial areas, churches or
other nonpublic uses exclusive of one-family resi-
dential areas
(1 ) Zoning on and adjacent to the subdivision.
(m) The names of abutting subdivisions or the names of
the owners of abutting unplatted property.
(n) The location and size of existing utilities within or
adjacent to the subdivision.
(o) Such additional information as may be required by the
Planning Director in order to adequately describe
proposed utilities systems, surface improvements
or other construction projects contemplated within
the area to be subdivided.
(6) In the event that the preliminary plat does not include
adjoining property in the same ownership, a development
plat shall also be required which shall show the entire
adjoining property owned by the developer and shall
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designate proposed land use, suggested street layout,
major land forms and natural drainage courses. Twenty
(20) copies of such development plan shall be provided.
The scale for such development plant shall be the same
as that required for a preliminary plat.
C. Final lat. After approval of the preliminary plat, and
wit in t e time that such approval is still valid, the sub-
divider shall present the final plat to the Planning Director.
(1) The final plat shall be processed as follows:
(a) The subdivider shall supply the original signed final
plat and twenty (20) copies to the Planning Director.
The following fees shall be paid at such time to
cover the cost of processing and filing the final
plat:
[11 Subdivision of one ( 1 ) to four (4 ) lots :
twenty-five dollars ($25.) , plus recording costs
of ten dollars ($10.) per sheet.
[21 Subdivision of five (5) or more lots and sub-
division plats in connection with unit develop-
ment plan: : fifty dollars ($50.) , plus recording
costs of ten dollars ($10. ) per sheet.
(b) The Planning Director shall review such final plat
and shall furnish 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 fourteen (14) days after the receipt of the
same, and failure to object within such period shall
constitute approval by such office or agency.
(c) Filings of final subdivision plats shall be accepted
by the Planning Department on or about the fifth
(5th) of each month. The Planning Director shall
place the item on the agenda for the following
month' s Planning and Zoning meeting. At such meet-
ing, the Planning and Zoning Board shall review the
final plat and take final action, with approving,
approving with conditions, disapproving or tabling
for future consideration.
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(d) After a final subdivision plat has been approved, the
City Clerk shall cause the final plat to be recorded
in the office of the Larimer County Clerk and Recor-
der.
(2) The final plat shall be prepared as follows:
(a) The final plat shall conform to the preliminary plat
as approved, except that the final plat may con-
stitute only a portion of the territory covered
by the preliminary plat.
(b) The drawing shall be made at a scale of either one
(1) inch equals fifty (50) feet or one ( 1) inch
equals one hundred (100) feet by the use of India
ink or other equally substantial solution on a
reproducible medium of one (1) or more sheets with an
outer dimension of twenty-four by thirty-six (24 x
36) inches.
(3) The final plat shall contain the following information:
(a) The name of the subdivision.
(b) The date of preparation, the scale and a symbol
designating true North.
(c) A legal description of the property.
(d) A complete description of primary control points to
which all dimensions, angles, bearings and similar
data on the plat shall be referred.
(e) 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.
(f) Designations of all streets and other rights-of-way,
including dimensions and names of such streets.
(g) The location and dimensions of any easements.
(h) Identification of each lot or site by a number and
designation of the area of each lot in square feet.
(i ) The location and description of all monuments found
or set in accordance with C.R.S. , Sect. 38-51-101.
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(j) An acknowledgement in the manner of a deed by the
owners and proprietors (as construed by C.R.S. , Sect.
31-23-111) of the lands designated upon the plat
before an officer authorized to take the acknowledge-
ment of deeds.
(k) A statement by the owner dedicating streets, ease-
ments, rights-of-way and any sites for public uses.
(1 ) Certification by the surveyor or engineer as to the
accuracy of the survey and plat.
(m) Appropriate space for the certification of approval
by the Planning and Zoning Board.
(n) Appropriate space for the certification of approval
by the City Engineer of a signed subdivision improve-
ment agreement.
(o) Appropriate space for certification by attorney as to
the legality of owners of record.
Section 2. That Section 99-5 of the Code of the City of Fort Collins
be repealed and readopted as follows:
§99-5. Design standards.
A. Site considerations.
(1) Steep or unstable land and areas having inadequate drain-
age shall not be subdivided into building lots unless the
subdivider makes adequate provisions to prevent the
same from endangering life, health or other property. See
also City Code Chapter #93-10.
(2) 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. See
also City Code Chapter #93-10.
(3) If any part of a residential subdivision borders a rail-
road right-of-way, either a parallel street adjacent to
said railway or a landscaped fifty-foot buffer strip
adjacent to such railway shall be required or the lots
adjacent to such right-of-way shall have a minimum depth
of one hundred fifty (150) feet.
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(4) Outstanding natural and cultural features such as scenic
spots, watercourses and historic sites and buildings shall
be preserved insofar as possible.
B. Streets, alleys and easements
(1) Streets on a subdivision plat shall conform to the Master
Street Plan of the City of Fort Collins where applicable.
(2) All streets shall be aligned to join with planned or
existing streets.
(3) All streets shall be designed to bear a logical relation-
ship to the topography of the land.
(4) Intersetions of streets shall be at right angles unless
otherwise approved by the City Engineer.
(5) Cul-de-sacs shall be permitted only if they are not more
than six hundred sixty (660) feet in length and have a
turnaround at the end thereof with a diameter of at
least one hundred ( 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.
(6) Except as provided above for cul-de-sacs, no dead-end
streets shall be permitted except in cases where such
streets are designed to connect with future streets
on adjacent land, in which case a temporary turnaround
easement at the end thereof with a diameter of at least
eighty (80) feet must be provided. Such turnaround
easement shall not be required if no lots in the sub-
division are dependent on such street for access.
(7) In the event that residential lots in a subdivision are
adjacent to an 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 one hundred fifty (150) feet.
(8) Reverse curves on arterial streets shall be joined by a
tangent at least two hundred (200) feet in length.
(9) 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
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in any event, only if the control of such strip is given
to the city.
(10) Street right-of-way widths shall meet the following
standards:
Classification Minimum ROW Width
Major arterial street 120 feet
Arterial street 100 feet
Collector street 68 feet
Local street 54 feet
Local Industrial street 50 feet
(Refer to "City Design Criteria and Construction Stan-
dards" for details)
(11) Alleys and other easements shall be controlled by the
following requirements:
(a) Alleys in residential subdivisions shall not be
permitted except in cases when the same are necessary
and desirable to continue an existing pattern.
(b) Alleys shall be provided in commercial and industrial
areas unless other provisions are made and approved
for service access.
(c) Easements (public and private) of such widths as
necessary shall be provided on lots for utilities,
public access, storm drainage or other public purposes
as required and approved by the City Engineer.
(d) The subdivider shall be responsible for adequate
provisions to eliminate or control flood hazards
associated with the subdivision in accordance with
City Code Chapter 52. Agreements concerning storm-
water drainage between private parties shall be
subject to city review and approval .
C. Blocks. All blocks in a subdivision shall have a length of at
Est four hundred (400) feet but not more than one thousand
three hundred twenty (1,320) feet.
D. Lots.
(1) No lot in a subdivision shall have less area than required
under applicable zoning requirements of the city.
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(2) Each lot shall provide vehicular access to a public
street.
(3) Lots with both front and rear frontage on a street shall
not be permitted except where necessary to provide separ-
ation from arterial streets or from incompatible land
uses.
(4) Side lot lines shall be substantially at right angles or
radial to street lines.
E. Public sites, reservations and dedications.
(1) A subdivider shall be required to dedicate rights-of-way
for public streets, drainage easements and utility ease-
ments as needed to serve the area being platted. In cases
wher any part of an existing road is in the tract being
subdivided, the subdivider shall dedicate such additional
right-of-way as may be necessary to increase such roadway
to the minimum width required under this chapter for such
street.
(2) Reservation of sites for flood control purposes and other
municipal uses shall be mutually agreed upon between the
subdivider and the Planning and Zoning Board.
Section 3. That Section 99-6 of the Code of the City of Fort Collins
be repealed and readopted as follows:
§99-6. Improvements.
A. Approval of City Engineer. Before the City Clerk certifies
the acceptance of any final plat, he shall be notified by the
City Engineer that the required improvements have been accep-
tably designed according to city "Design Criteria and Con-
struction Standards as amended".
B. Required improvements prior to issuance of building permit.
The following improvements shall be required prior to the
issuance of a building permit:
(1) Survey Monuments. The subdivider shall provide survey
monuments as required by C.R.S. Sect. 38-51-101.
(2) Sanitar sewers. The subdivider shall provide adeq
uate
quate
Ines an stubs to each lot as required by current City
Design Criteria and Construction Standards, as amended.
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3 Water mains. The subdivider shall provide adequate mains
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an7stuFs_to each lot as required by current City Design
Criteria and Construction Standards, as amended.
(4) Fire hydrants. The subdivider shall provide sufficient
ir�y r� as required according to the Universal Fire
Code as amended by City Council .
(5) Storm Drainage. The subdivider shall provide storm
drainage aci sties and appurtenances as required by City
Code, Chapter 93-10 and, where applicable, shall conform
to City Code Chapter 52-4-A.
(6) Streets and alleys. All subdivisions must have access to
an improved ial street or to a street funded for
improvement as an arterial street. Any subdivision which
does not have direct access to an improved arterial street
or an arterial street funded is required to improve
off-site streets to include, as a minimum, a thirty-six
(36) foot wide paved section on an adequate base for the
ultimate design of the street as designated on the Master
Street Plan or as determined by the City Engineer. A
waiver to these requirements may be granted by the City
Engineer when, in his determination, the existing arterial
is in substantial compliance with the criteria for
arterial streets.
When any person constructs a street, alley or path through
undeveloped areas to serve his property or constructs such
improvements along the perimeter of his property, the
entire cost of such construction shall be the responsi-
bility of such person. If this developer has furnished
the City Engineer with an approved itemized list of the
construction costs and has entered into an agreement for
repayment with the City within ninety (90) days of the
completion, and acceptance by the City, of such improve-
ments, then at the time the property abutting such im-
provements is developed and access to such improvements
is accomplished, the City may collect a charge per front
foot from the abutting property developer and, if so
collected, shall reimburse the original installer to the
extent of such collection after making any necessary
adjustments. The amount of the reimbursement paid to
the City may be the original cost of the improvements plus
any mutually agreed upon amount to reflect the effects of
inflation, if any, but in no case shall the reimbursement
be less than the original cost. These adjustments may be
based on the Construction Cost Index for Denver, Colo-
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rado, as published monthly by Engineering News Record.
Streets and alleys shall be complete a—s required by the
City engineer and all payments fully made for existing
beneficial streets before the reimbursement to the ori-
ginal installer is made pursuant to provisions as con-
tained herein. Any right to reimbursement pursuant to
this provision shall not exceed a period of ten (10) years
from the execution of the agreement. The City Council may
approve extensions of the agreement for additional
ten year periods.
C. Required improvements prior to issuance of certificate
o occupancy. Th: of 1Towing improvements shall e r�equirea
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 that the person requesting the certificate of occupancy
fails to install the same as agreed.
(1) Sidewalks. All sidewalks shall be installed as required
by city specifications.
(2) Street signs. All street signs shall be installed
as required by the Transportation Services Unit of the
City Public Works Department and shall conform to the
"Manual of Uniform Traffic Control Devices".
(3) Utilities (telephone, electrical services and gas lines) .
All utilities shall e installed un ergroun an , w ere
applicable, shall be in place prior to street or alley
surfacing. Aboveground facilities necessarily appurtenant
to underground facilities shall be permitted. Existing
utility facilities or other installation of peripheral
overhead electrical transmission and distribution feeder
lines, or other installation of either temporary or
peripheral overhead communications, distance, trunk or
feeder lines may be above the ground.
(4) Streets and alleys. All streets shall be paved with curbs
and gutters in led. All alleys, where permitted, shall
be paved. In cases where a previously existing street
which has not been brought up to city specifications is
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located within a subdivision, such street shall be paved
with curbs and gutters 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 subdivision plat. If any subdivision is located
adjacent to any existing street right-of-way, the sub-
divider shall improve at least the adjacent half of such
street with pavement, curb, gutter, sidewalk and any other
required street improvements as required to bring such
street up to city specifications.
(5) Streetlights . All streetlights shall be installed
as required according to city specifications.
(6) Other. All other improvements required as a condition
approval of the plat shall be completed.
(7) Where applicable, the person requesting a certificate
of occupancy shall be required to conform to the pro-
visions of City Code Chapter 52-4 by submitting a post
construction flood proofing elevation certificate to the
Director of Public Works for permanent records.
D. Procedure. No improvements shall be made until all required
p a� ns,profiles and specifications including reproducable
mylar prints for the same have been submitted to and approved
by the City Engineer.
E. Release of �quaranty. As each portion of the improvements
in a subd on is completed and after inspection and
acceptance by the City Engineer, the amount of guaranty
covering that phase of the development shall be released
on the written request of the subdivider to the City Engineer.
F. City
participation in certain streets. In the event that a
street is improved as an arterial or collector street rather
than as a residential street, the City Engineer shall compute
the extra expense caused by such streets being improved as
arterial or collector streets and for traffic signalization
when required because of collector or arterial status, and for
the extra base associated with the construction of arterial
streets. The fund shall not be utilized to pay for extra base
associated with collector streets over and above the minimum
standards for base for such streets. Such cost shall be paid
by the city at large out of general revenues or the Street
Oversizing Fund. The participation of the city shall be
limited to street construction costs, and the city shall not
participate in the costs of curbs , gutters or sidewalks,
except for those sidewalks which the city requires to be
constructed to bike path standards.
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G. Subdivision im rovement agreement. At the time the plans,
pro i es an specs ications required in Subsection D above are
approved, the subdivider shall enter into an agreement pro-
viding for the installation of all improvements in the sub-
division required by this chapter. Such agreement shall
establish and set forth the amount in which the city is to
participate in the cost of construction of any collector or
arterial street. No final subdivision plat shall be finally
approved by the city nor recorded until such agreement has
been entered into. Such agreement shall further provide that
the subdivider will fully account to the city for all costs
incurred in the construction of any street in which the city
is participating, and the books and records of the subdivider
relating to such street shall be open to the city at all
reasonable times for the purpose of auditing or verifying such
costs.
H. Final Plat Time Validity. Time limit for validity of the
final plan. The applicant must begin and substantially
complete work within the public right-of-way of an approved
final plan within two (2) years from the time of final
approval . Extensions for successive periods of six (6) months
may be granted by the Planning Director on the same basis as
for nonphased developments. Failure to develop within the
specified time limit shall cause a forfeiture of the right to
proceed under the final plan and require resubmission of all
materials and reapproval of the same. The City Engineer
reserves the right to require changes to the approved final
plans as a condition to the granting of the extension.
Section 4. That Section 99-7 of the Code of the City of Fort Collins
be repeaTd and readopted as follows:
§99-7. Variances.
A. When permitted, the Planning and Zoning Board may authorize
variances under this chapter in cases where, because of
exceptional topographical , soil or other subsurface conditions
or other conditions peculiar to the site, hardship would be
caused to a subdivider by the strict application of any
provisions of this chapter. Such variances shall not be
granted if the same would be detrimental to the public good or
impair the intent and purposes of this chapter. The decision
of the Planning and Zoning Board on any application for a
variance shall be set forth in writing in the minutes of said
Board.
B. Planned unit development. The design standard specified
in §99-5 of this chapter may be modified in the case of a
planned unit development authorized under the Zoning Ordinance
of the City of Fort Collins. A planned unit development shall
not be exempted from any of the other requirements of this
chapter except as set forth specifically in this chapter.
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Introduced, considered favorably on first reading, and ordered pub-
lished in summary form this 20th day of March , A.D. 1984, and to be
presented for final passage on tie 3rd day April A.D. 1984.
g•- 1 4144-41
May
ATTEST:
2
,ty w erc QN
Passed and adopted on final reading this 3rd day of Aoril ,
A.D. 1984. /
C _
Mayor
ATTEST:
City Clem
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