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HomeMy WebLinkAbout059 - 06/01/2010 - AMENDING CHAPTER 23 OF THE CITY CODE PERTAINING TO EXCAVATIONS, OBSTRUCTIONS AND ENCROACHMENTS ORDINANCE NO. 059, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO EXCAVATIONS, OBSTRUCTIONS AND ENCROACHMENTS WHEREAS,the downtown area of Fort Collins has a character,ambiance,and"atmosphere" that is vibrant, dynamic, and serves as a kind of"crown jewel" of the City; and WHEREAS, part of the vibrancy of downtown is attributable to outdoor activities such as sidewalk cafes,and the City Council has determined that other outdoor activities utilizing sidewalks and, to a limited extent, parking spaces on downtown streets would add further vibrancy to the downtown area; and WHEREAS, currently the obstruction permit process contained in Chapter 23 of the City Code only allows a permit holder to use parking spaces for construction related activity,and the City Council has determined that obstruction permits should also be available for non-construction related activities which might help to enhance the unique character of the downtown area; and WHEREAS,the City Council has also determined that the City Code should be amended to clarify when obstruction permits are appropriate for non-construction related activities and when such activity should be permitted only through the City's "special event permit"process; and WHEREAS,the City Council has further determined that the City Code should also address the additional enhancements to the downtown area that are proposed to be funded and promoted by the Downtown Development Authority for certain of the alleys of the City including the Montezuma Fuller Alley and the Old Firehouse Alley, so that when excavations are made in these enhanced alleys,the alley enhancement improvements will be protected,and the alleys will be returned to their original condition following such excavations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-20 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (c) which reads as follows: Sec. 23-20. Requirements for performance of work. (c) if the permit holder or any agent or representative thereof causes damage to any public infrastructure, including, without limitation, any surface pavers, flagstones, or other stone or concrete surfaces, planters, street lights, decorative lights, or canopies, such damage shall be promptly repaired using the same kind, quality, color, serviceability and'material composition aspects as the infrastructure damaged, unless otherwise expressly agreed to by the City in writing. Paver repair and replacement in downtown alleys shall comply with the City's specific requirements for pavers. Section 2. That Section 23-61 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-61. Permit required; application. (a) Any person desiring to occupy any parking space on a public street in the City in connection with the maintenance, erection, construction, remodeling or demolition of any building or improvement on property abutting thereto shall make written application to the Planning Development and Transportation Director (hereafter in this Division, the "Director") for an obstruction permit on a form prepared and provided by the City. (b) Any person desiring to occupy any parking space on a public street in the City for any purpose not specified in Subparagraph (a) above, shall make written application to the Director for such obstruction permit on forms prepared and provided by the City, subject to the following restrictions: 1. Handicapped parking spaces and adjacent loading areas shall not be obstructed. 2. The permit shall not be valid for more than four(4) consecutive days and shall not be granted for consecutive time periods. 3. An applicant shall not apply for more than two (2) permits in a calendar year. 4. No parking space shall be obstructed overnight. 5. The permit shall apply only to parking spaces that abut property owned by the applicant unless the owner of the property has consented to the issuance of the permit as provided in § 23-62(10) or unless the City Manager determines that it is in the best interests of the health, safety or welfare of the City and its citizens that the permit be issued for parking spaces adjacent to property not owned by the applicant. 6. The provisions of this Subparagraph(b)shall not apply to special events for which a permit is required under §23.5-2 of this Code. (c) Application for, and approval of, the modification of a permit shall be required before any change is made in the size or configuration of the area that is the -2- subject of a permit issued under this Section and/or any change is made in the nature, purpose or duration of the obstruction that was authorized by the permit. Section 3. That Section 23-62 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-62. Contents of application. 0 The application shall contain the following information: (1) the applicant's name, address, email address (if available) and telephone number; (2) the parking spaces that are the subject of the permit; (3) the location of the proposed obstruction including the address of the property abutting the area or space which is the subject of the permit; (4) the type of obstruction and the purpose of the obstruction; (5) the period of time that the obstruction will be in place,including date and time; (6) a statement that the applicant agrees to abide by the provisions of this Division; (7) a description of the proposed obstruction sufficient to fully inform the City Manager of the character and physical attributes of the obstruction and the - Director to perform a complete and competent examination of the application under the criteria contained in § 23-83(a); (8) evidence of the applicant's ability and willingness to provide liability insurance insuring the City in a sum not less than one million dollars ($1,000,000.),proof of which insurance shall be provided to the City prior to issuance of the permit,unless the requirement to provide such insurance is waived by the Director; (9) a statement that the applicant agrees to be responsible for barricading the parking spaces in a manner acceptable to the Director; (10) a statement that the applicant is the fee owner of the real property abutting the parking space(s) for which the obstruction permit is sought, or, if the applicant is not the fee owner of such real property, then the abutting property owner's written consent to the obstruction; and -3- (11) a statement that the applicant agrees to be bound by all of the provisions of this Article and the rules and regulations established by the City, including, without limitation, payments of fees, satisfying additional permit conditions, and obtaining any additional permits from other departments or agencies, as necessary. Section 4. That Section 23-63 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-63. Fees and conditions. (a) At the time of issuance of a permit hereunder, and at the time of any renewal or modification of such permit,the applicant shall pay an application fee and an additional fee per parking space per day to help defray the costs incurred by the City in processing and administering the permit program including, without limitation, the cost of enforcement and the cost of inspection of the spaces that are the subject of the application; provided, however, that the Director may waive part or all of the fees for governmental agencies. The amount of said fees shall be determined and established by the City Manager,pursuant to the provisions of Article I of Chapter 7.5. (b) The Director may condition the issuance and use of an obstruction permit on such requirements as are reasonably necessary to protect the safety of persons and property and the use and control of vehicular and pedestrian traffic, including limitations on time, place and allowed activities; payment of fees; obtaining any additional permits from other departments or agencies as necessary; and providing any fencing or barriers that the Director requires in order to protect pedestrian and vehicular traffic from the obstruction and associated dangers. If required,the permit holder shall build and maintain a good and substantial,protected walkway around the obstruction. The permit holder shall adequately light and mark the obstruction to protect pedestrian and vehicular traffic. Section 5. That Section 23-64 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-64. Term of permit; renewal and revocation. (a) A permit may be issued only for the period of time necessary to complete r the purpose for which the permit was issued. No permit issued under§23-61(a)shall be issued for more than ninety(90)days; provided,however, that the Director may renew any such permit for one(1)or more additional ninety-day periods upon written application and payment of the applicable renewal fee. The term of a permit issued under § 23-61(b) shall be limited in accordance with Subparagraphs (2) and (3) , thereof. -4- (b) Any permit issued under this Article may be denied or revoked by the Director if the holder fails to obtain any other necessary permits,fails to conduct the activity in compliance with the terms and conditions of the permit,violates any of the provisions of this Article, state law, local ordinances, or the applicable rules and regulations of the City, or if the work allowed by the permit unduly interferes with pedestrian or vehicular traffic,or otherwise poses a threat to the health and safety of the.public. Section 6. That Section 23-65 of the Code of the City of Fort Collins is hereby deleted in its entirety. Section 7. That Section 23-66 of the Code of the City of Fort Collins is hereby deleted in its entirety. Section 8. That Section 23-67 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-65. Adequate drainage and-access to fire hydrants required. Any person holding a permit issued under this Article shall take such measures as may be required to insure that adequate drainage is maintained around the obstruction.All building materials,rubbish and other obstructions shall be kept clear of fire hydrants and stand pipes and ready access shall be provided to them at all times. Section 9. That Section 23-68 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-66. Removal of obstruction upon completion of work. Upon completion of the work or activity, the permit holder shall remove all obstructions,materials,debris and rubbish prior to the expiration of the permit term. Section 10. That Section 23-69 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-67. Permit holder liable in case of nonconformance. If any permit holder fails to comply with the requirements of§§ 23-65 or 23-66 of this Article,or fails to perform any work under the permit,the Director may cause the work to be done and compliance accomplished, and the cost shall be charged to the holder of the permit, and the holder of the permit shall be liable for such costs. The failure of any permit holder to comply with the terms and conditions of the permit or to vacate the permitted premises upon revocation or expiration of the -5- permit,whether for cause or without cause, shall be deemed to constitute a violation of the Code and shall be punishable in accordance with §1-15. Section 11. That Section 23-81 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-81. Permit required; application. Any person desiring to place or erect a building, fence, barrier, post or other encroachments within any City-owned property or any street,avenue,alley,sidewalk, highway or public right-of-way in the City shall file a written application for a permit upon a form prepared and provided by the City.The provisions of this Division shall not apply to special events as defined in § 23.5-2 of this Code or to parking spaces as regulated by §23-61 et seq., above. Introduced, considered favorably on first reading, and ordered published this 18th day of May, A.D. 2010, and to be presented for final passage 4thelof June, A.D. 2010 C ` ATTEST: _I L!�. ' City Clerk Passed and adopted on final reading on the 1 st day of Ju D. 2010. Mayor ATTEST: City Clerk -6-