HomeMy WebLinkAboutSUMMIT VIEW PUMP STATION - PDP/FDP - 5-01 - CORRESPONDENCE - LEGAL COMMUNICATIONDivision 3.3. Engineering Standards Section 3.3.2(G)
funds budgeted and appropriated for the payment requested. The
participation of the city shall be limited to the costs of design,
construction and right-of-way acquisition as limited pursuant to
Section 24-112 of the City Code and costs of curbs, gutters or
sidewalks exceeding local standards.
(3) If the right to develop has lapsed or been abandoned pursuant to
Sections 2.2.10 and 2.2.11 and no extension has been granted, any
right to city participation, pursuant to this Section and Chapter 24
of the City Code, shall be limited to those improvements
substantially completed and accepted by the City Engineer at the
time of.the termination.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 178, 1998 §5, 10/20/98; Ord. No. 228, 1998 §§ 16-19, 92,
12/15/98; Ord. No. 99, 1999 §8, 6/15/99; Ord. No. 165, 1999 § 18, 11/16/99; Ord. No. 59, 2000
§16, 6/6/00; Ord. No. 183, 2000 §11, 12/19/00)
3.3.3 Water Hazards
(A) Lands which are subject to flooding or are located in a natural
drainageway shall not be approved for development or redevelopment
unless the following conditions are met:
(1) the project development plan complies with the Basin Master
Drainageway Plan as applicable.
(2) the project development• plan complies with city Stormwater
Design Criteria and Construction Standards.
(3) the project development plan complies with the floodplain
regulations as established in Chapter 10 of the City Code.
(4) any development in any 100-year floodplain is designed so as not
to cause any adverse effects to the development or to any other
properties from either increased flood heights, flow velocities,
flow duration, rate of rise of flood waters, channel stability or
sediment transport; provided, however, that any development
permitted in the Poudre River Floodplain, as such floodplain is
designated in Section 10-60 of the City Code, shall not be
considered as causing an adverse effect to any other properties by
reason of increased flood heights if such development does not
cause a rise of more than one -tenth (.1) of a foot in the base flood
elevation of the Poudre River Floodplain.
Article 3, Page 56
SUPP. 9
Division 3.3, Engineering Standards
Section 3.3.2(F)
1. the location of the improvements constructed;
2. the name of the owner of each property which has
frontage along the improvements;
3. the frontage of each property abutting the
improvements, together with the assessment due
based on the original costs;
4. the acreage and parcel number of each property
abutting the improvements;
5. a reference to the book, page and reception
number from the records of the county Clerk and
Recorder where the information for each property
was obtained; and
6. any other information deemed necessary by the
City Engineer.
Any right to reimbursement pursuant to this provision shall not
exceed a period of ten (10) years from the acceptance by the city
of the street improvements. The City Council may approve
extensions of the reimbursement agreement for additional ten-
year periods. No such reimbursement shall be made unless the
person entitled to reimbursement has fully satisfied his or her
obligations under any other reimbursement agreements with the
city.
(G) City Participation in Certain Street Improvements.
(1) If a street within or adjacent to the development is improved as an
arterial or collector street rather than as a local street, the
developer making such improvements shall be reimbursed in
accordance with the provisions of Section 24-112 of the City
Code.
(2) If an off -site street is improved to a width in excess of thirty-six
(36) feet, and provided that such excess width is not required
because of the traffic impacts of the development, the City
Engineer shall compute the extra expense caused by such street
being improved to such excess width. Such extra expense shall
be paid by the city out of the Street Oversizing Fund. The city's
obligations to participate in such costs shall be limited to those
Article 3, Page 55
SuPP. 9
Division 3.3, Engineering Standards Section 3.3.2(F)
executed and delivered to the city. If the front foot charge is
collected, the city shall reimburse the installing developer to the
extent of such collection after deducting a service charge of three
(3) percent to cover administrative costs. All costs for the
construction of street improvements must be fully paid by the
installing developer before such person shall be entitled to
reimbursement under any agreement established hereunder. The
amount of the reimbursement assessed by the city for each
adjacent property as it develops shall be based on the original cost
of design and construction of the improvements plus an
adjustment for inflation based on the construction cost index for
Denver, Colorado, as published monthly by "Engineering News
Record." In no case shall the front foot charge reflect less than
the original cost as submitted by the installing developer and
approved by the City Engineer. The original cost of design and
construction shall mean the cost of financing, engineering,
construction and any other costs actually incurred which are
directly attributable to the improvements, including any costs
incurred for the formation or administration of a special
improvement district. The city's obligation to reimburse the
installing developer shall be contingent upon the city's actual
collection of the front foot charge from the abutting developer. In.
order to obtain approval of a reimbursement agreement from the
city, the installing developer shall provide the City Engineer with
copies of the following, after acceptance of the improvements:
(a) an invoice from the installing developer's engineer for any
fee assessed on the project;
(b) the contractor's application for final payment approved by
the installing developer's engineer;
(c) a letter from the installing developer and/or contractor
certifying that final payment has been received by the
contractor;
(d) a letter from the installing developer and/or engineer
certifying that final payment of engineering fees has been
made;
(e) a map prepared by a licensed engineer or surveyor which
shows:
Article 3, Page 54
SuPP. 9
Division 3.3. Engineering Standards
Section 3.3.2(F)
(b) For all other street classifications, the off -site street
improvements shall be designed and constructed to city
standards including, without limitation, curb, gutter,
sidewalk and pavement.
(c) All intervening streets that connect to the Improved
Arterial Street Network shall include the width and
improvements necessary to maintain a level of service as
defined by Part H of the City of Fort Collins Multi -modal
Transportation Level of Service Manual for the length
required to connect to the Improved Arterial Street
.Network.
The off -site street(s) and sidewalks to be improved shall be the
street routes that will, in the judgment of the City Traffic
Engineer, carry the most trips (per travel mode) generated by the
development as defined by the Transportation Impact Study
required by Section 3.6.4. To identify the streets to be improved
as a condition of approval of the development, the City Engineer
shall utilize a map entitled the "Improved Arterial Street
Network" depicting, as nearly as practicable, (1) all existing
arterial and collector streets in the city; and (2) the current
structural condition of the same. A waiver to these requirements
may be granted by the City Engineer for streets which, in the
judgment of the City Engineer, are in substantial compliance with
the city standards applicable for the street and are designed and
constructed to adequately accommodate the traffic impacts of the
development.
(2) Costs and Reimbursements. When any person constructs a street,
sidewalk, alley or path through undeveloped areas or areas that
may be redeveloped to serve the property or constructs such
improvements along the perimeter of the property, the entire cost
of such construction shall be the responsibility of such person. If,
within twelve (12) months of the completion and acceptance by
the city of such improvements, the developer installing such
improvements has entered into a reimbursement agreement with
the city in the manner prescribed by this Section, then, at the time
such property is developed or redeveloped and access to such
improvements is accomplished, the city may collect a charge per
front foot from the abutting developer prior to the issuance of any
Building Permits for the abutting property; provided, however,
that the city shall not attempt to make such collection unless the
reimbursement agreement has been timely and properly prepared,
Article 3, Page 53
Supp. 9
Division 3.3, Engineering Standards
Section 3.3.2(E)
(d) Streetlights. All streetlights shall be installed as required
according to city specifications.
(e) The city shall be provided with a certification by a
licensed professional engineer that all stormwater
drainage facilities required by the city to serve the
property and to protect downstream property have been
constructed in conformance with the approved plans and
drainage report, if any. Such certification shall be in the
form required pursuant to the Storm Drainage Design
Criteria and Construction Standards of the city.
(f) Other. All other improvements required as a condition of
approval of the plat shall be completed.
(g) Where applicable, the person requesting a certificate of
occupancy shall be required to conform to the provisions
of Sections 10-36 and 10-37 of the City Code by
submitting a post -construction floodproofing elevation
certificate to the General Manager of the Office of Water,
Wastewater and Stormwater Utility Services for the city's
permanent records.
(F) Off -Site Public Access Improvements.
(1) Streets, Alleys or Paths. All developments must have adequate
access to the city's Improved Arterial Street Network, as
described below, or to a street that connects to the Improved
Arterial Street Network. Exceptions to the foregoing
requirements may be granted for streets which have adequate
funds appropriated by the city for improvement to current
standards. The developer of any property which does not have
such access to an Improved Arterial Street or which does not have
such access to streets which connect to the Improved Arterial
Street Network, shall be required to improve the impacted
intervening streets as follows:
(a) For arterial and collector streets, such improvements shall
consist, at a minimum, of constructing a thirty -six -foot -
wide paved street cross section on a base that is adequate
to accommodate the ultimate design of the street either (1)
as designated on the Master Street Plan, or (2) in
accordance with the city design criteria for streets,
whichever is applicable.
Article 3, Page 52
Supp. 9
Division 3.3, Engineering Standards
Section 3.3.2(E)
safety and welfare of the public would not be placed at risk, he or
she may be permitted to establish an escrow account in an amount
acceptable to the Director which will cover the costs 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 ensure 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:
(a) Sidewalks. All on -site sidewalks shall be installed as
required by city specifications.
(b) Street signs. All street signs shall be installed as required
by the Traffic Operations Engineer and shall conform to
the Manual of Uniform Traffic Control Devices.
(c) Streets and alleys. All streets shall be paved with curbs
and gutters installed in accordance with the approved
utility plans. All alleys required to be constructed by the
city shall be paved. In cases where a previously existing
street which has not been brought up to city specifications
is located within a subdivision, such street shall be paved
with curbs and gutters installed in order to meet city
specifications. All streets existing within ownership of
the lands which make up any subdivision shall be show
on the subdivision plat. If any subdivision is located
adjacent to any existing street right-of-way, the applicant
shall improve local streets to the full width and collector
and arterial streets to one -half -width except as is
otherwise provided hereinbelow, with pavement, curb,
gutter, sidewalk and any other required street
improvements as necessary to bring such street up to city
specifications. Notwithstanding the foregoing, collec or
and arterial streets shall be constructed to such
specifications as shall be necessary in the judgment of the
City Engineer based upon 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.
Supp. 9
Article 3, Page 51
Division 3.3, Engineering Standards
Section 3.3.2(D)
(5) Stormwater Drainage. The applicant shall provide stormwater
facilities and appurtenances as required by Section 26-544 of the "J
City Code and, where applicable, such facilities shall conform to
Section 10-37 of the City Code.
(6) Streets and Alleys. The applicant shall provide street
improvements necessary to serve the lot or lots in accordance
with Section 24-95 of the City Code.
(7) Utilities (including, without limitation, communications, electric
power, gas, water, sewer). Except as hereafter provided, all new
and existing utility facilities needed to serve the development
shall be installed underground, and, if located in a street or alley,
shall be in place prior to the completion of street or alley
surfacing. To the extent feasible, the undergrounding of utilities
shall be planned, coordinated and installed in an orderly fashion
from deepest to shallowest. Aboveground facilities necessarily
appurtenant to underground facilities shall be permitted. New or
existing overhead utility facilities that are electric transmission
lines above forty (40) kilovolts nominal or are temporary in
nature for the purpose of servicing construction or lands not
developed to urban qualifications shall be permitted. Existing
overhead utility facilities shall be permitted that: .�
(a) are capable of serving only territories anticipated to be
annexed to the city in the future; or
(b) traverse the periphery of the development for a distance
less than four hundred (400) feet (and provided that the
developer has installed conduit to accommodate future
undergrounding); or
(c) are distribution lines which will be removed upon future
development.
(E) Required Improvements Prior to Issuance of Certificate of Occupancy.
(1) The following improvements shall be required 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, and the health,
Article 3, Page 50
Supp. 6
Division 5.1, Definitions
Section 5.1.2, Specified
Specified anatomical areas shall mean less than completely and opaquely covered human
genitals, pubic region, buttocks, female breast or breasts below a point immediately
above the top of the areola or human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
Specified sexual activities shall mean:
(1) human genitals in a state of sexual stimulation or arousal;
(2) acts of human masturbation, sexual intercourse or sodomy;
(3) fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast or breasts.
Story: See Height.
Story, half shall mean a space under a sloping roof which has the line of intersection of
the roof and wall face not more than three (3) feet above the floor level, and in which
space the possible floor area with head room of five (5) feet or less occupies at least forty
(40) percent of the total floor area of the store directly beneath.
Street shall mean a public way (whether publicly or privately owned) used or intended to
be used for carrying vehicular, bicycle and pedestrian traffic and shall include the entire
area within the public right-of-way and/or public access easement.
Street sidewalk shall mean the sidewalk within the right-of-way of a public street
designed to the standards specified in Design and Construction Criteria, Standards and
Specifications for Streets, Streetscapes, Sidewalks, Alleys and Other Public Ways* or the
sidewalk within the public access easement of a private street designed in accordance
with the standards specified in section 3.6.2(K) of this Land Use Code.
Structure shall mean a combination of materials to form a construction for use,
occupancy or ornamentation whether installed on, above or below the surface of land or
water.
Subdivider or developer shall mean any person, partnership, joint venture, limited
liability company, association or corporation who participates as owner, promoter,
developer or sales agent in the planning, platting, development, promotion, sale or lease
of a development.
Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land
into two (2) or more lots, plots or sites.
s Effective March 1, 2001, the Design and Construction Criteria, Standards and Specifications referenced above will be
replaced by the larinter County Urban Area Street Standards, per Ord. No. 186, 2000, adopted 1/2/01.
Article 5, Page 39
Supp. 9
Division 5.1, Definitions Section 5.1.2, Development
(B) Development shall not include:
(1) work by a highway or road agency or railroad company for the
maintenance or improvement of a road or railroad track, if the
work is carried out on land within the boundaries of the right-of-
way;
(2) work by any public utility for the purpose of inspecting, repairing,
renewing or constructing, on established rights -of -way, any
mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks or the like; provided, however, that this exemption shall
not include work by a public utility in constructing or enlarging
mass transit or railroad depots or terminals or any similar traffic -
generating activity;
(3) the maintenance, renewal, improvement, or alteration of any
structure, if the work affects only the interior or the color of the
structure or the decoration of the exterior of the structure;
(4) the use of any land for the purpose of growing plants, crops, trees
and other agricultural or forestry products; for raising or feeding
livestock (other than in feedlots); or for other agricultural uses or
purposes, provided none of the above creates a nuisance;
(5) a change in the ownership or form of ownership of any parcel or
structure;
(6) the creation or termination of rights of access, easements,
covenants concerning development of land, or other rights in
land.
(C) When appropriate in context, development shall also mean the act of
developing or to the result of development.
Development application shall mean any application or request submitted in the form
required by the Land Use Code and shall include only applications for an overall devel-
opment plan, a project development plan, a final plan, a building permit, a modification
of standards, amendments to the text of this Land Use Code or the Zoning Map, a hard-
ship variance or an appeal from administrative decisions prescribed in Article 2.
Article 5, Page 12
Supp. 2
Division 5.1, Definitions
Section 5.1.2, Development
Development shall mean the carrying out of any building activity or mining operation,
the making of any material change in the use or appearance of any structure or land, or,
except as is authorized in Section 1.4.7, the dividing of land into two (2) or more parcels.
(A) Development shall also include:
(1) any construction, placement, reconstruction, alteration of the size,
or material change in the external appearance of a structure on
land;
(2) any change in the intensity of use of land, such as an increase in
the number of dwelling units in a structure or on a tract of land or
a material increase in the intensity and impacts of the
development;
(3) any change in use of land or a structure;
(4) any alteration of a shore or bank of a river, stream, lake, pond,
reservoir or wetland;
(5) the commencement of drilling (except to obtain soil samples),
mining, stockpiling of fill materials, filling or excavation on a
parcel of land;
(6) the demolition of a structure;
(7) the clearing of land as an adjunct of construction;
(8) the deposit of refuse, solid or liquid waste, or fill on a parcel of
land.
(9) the installation of landscaping within the public right-of-way,
when installed in connection with the development of adjacent
property.
(10) the construction of a roadway through or adjoining an area that
qualifies for protection by the establishment of limits of
development.
Article 5, Page 11
Supp. 2
Division 3.3. Engineering Standards
(13) Lots.
Section 3.3.1(B)
(1) No lot in a subdivision shall have less area than required under the
applicable zoning requirements of the city. Each lot must have
vehicular access to a public street. Lots with both front and rear
frontage on a street shall not be permitted except where necessary
to provide separation from arterial streets or from incompatible
land uses, or to take access from an alley. Side lot lines shall be
substantially at right angles or radial to street lines.
(2) The general layout of lots, roads, driveways, utilities, drainage
facilities and other services within the proposed development
shall be designed in a way that enhances an interconnected street
system within and between neighborhoods, preserves natural
areas and features, and otherwise accomplishes the purposes and
intent of this Land Use Code. Applicants shall refer to the
development standards set forth in Articles 3 and 4 of this Land
Use Code and shall apply them in the layout of the development
in order to avoid creating lots or patterns of lots that will make
compliance with such development standards difficult or
infeasible.
(C) Public Sites, Reservations and Dedications.
(1) An applicant shall be required to dedicate rights -of -way for public
streets, drainage easements and utility easements as needed to
serve the area being platted. In cases where any part of an
existing road is in the tract being subdivided, the applicant shall
dedicate such additional right-of-way as may be necessary to
increase such roadway to the minimum width required under this
Land Use Code for such street.
(2) Reservation of sites for flood control, open space and other
municipal uses shall be made in accordance with the requirements
of this Land Use Code, and, generally, the City Code.
(Ord. No. 178, 1998 §4, 10/20/98; Ord. No. 99, 1999 §7, 6/15/99)
Article 3, Page 46
Sapp. 6
Kenneth F. Lind, Esquire
April 13, 2001
Page 2
Payment of the required funds, once the amount has been clarified;
2. As previously indicated to the District's engineer, the pump station site could
be relocated to an interior part of the property, thereby alleviating the need to
contribute to the improvement of the adjacent street;
3. The fee owner, the District and the City could enter into an agreement
obligating the fee owner to make the required street improvements at the time
that the overall parcel is developed; or
4. Pursuant to C.R.S. §31-23-301(1), the District could seek a determination by
the City's Zoning Board of Appeals that the installation of the pump site at
the proposed location "is reasonably necessary for the convenience or welfare
of the public," which determination would exempt the pump station from the
provisions of the Land Use Code.
I realize that time is of the essence with regard to this matter, and I would be happy to talk
further with you in an attempt to reach a satisfactory resolution.
Very truly yours,
Step en J. Roy
City Attorney
SJR:med
Enclosures
PC: W. Paul Eckman, Deputy City Attorney
Cam McNair, City Engineer
Dave Stringer, Development Review Supervisor
Matt Baker, Street Oversizing Coordinator
Ted Shepard, Chief Planner . .
City A. ney
Citv of Fort Collins
Kenneth F. Lind, Esquire
LIND, LAWRENCE & OTTENHOFF LLP
The Law Building
1011 Eleventh Avenue
P.O. 326
Greeley, CO 80632
Dear Ken:
April 1 i. 2001
VIA FAX TO: (970) 356-1111
ORIGINAL TO FOLLOW VIA FIRST CLASS MAIL
RE: Pump Station Site
Following our telephone conversation about North Weld Water District's proposed pump
station site, I met with the affected members of City staff and did some research on the related legal
issues. It seems to me that, under both the Town of Sheridan case that you mentioned and Metro
Denver Sewage v. Commerce City, 745 P.2d 1041 (Colo. App. 1987), the City has the ability, in the
exercise of its police power, to regulate the land use activities of a special district. The installation
of the proposed pump station constitutes "development" within the meaning of the definition of that
term as contained in Section 5.1.2 of the City's Land Use Code, because the installation of the pump
station will constitute a material change in the use of the land. And, carving out the plot where the
pump station is to be situated constitutes a "subdivision" as defined in that same section.
Accordingly, two obligations are imposed upon the District. First, under Section 3.3.2 (E)(1)(c), the
District is obligated to fund the improvements to the local street portion of the local street adjacent
to the site. Second, under Section 3.3.1(C)(1), the District is further obligated to obtain, from the
fee owner of the property, the dedication to the City of such right-of-way as is necessary for
widening the adjacent street to the minimum width required under the Land Use Code. (Attached
are copies of the relevant Land Use Code provisions for your review.)
Because the improvement of the adjacent street is not anticipated in the immediate future,
the District is being required to escrow an amount of funds sufficient to construct its share of the
local portion of that street at such time as the street improvements are undertaken. It is important
to note. however, that Cam McNair, the City Engineer, has informed me, after reviewing the plans
submitted today by your client, that the amount of the District's contribution would be $10,500 rather
than the $75,000 that you referenced in our telephone conversation.
In any event, it seems to me that the following options exist:
300 LaPorte Avenue - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6520 - FAX (970) 221-6327