Loading...
HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 09/03/1998Council Liaison: Mike Byrne I Staff Liaison: Bob Blanchard Chairperson: Glen Colton (acting) Vice Chair: None The meeting was called to order at 6:30 p.m. by Chairperson Colton. Roll Call: Gavaldon, Carpenter, Craig, Weitkunat, Colton. Member Davidson was absent. Staff Present: Blanchard, Eckman, Ludwig, Blandford, Stringer, Richter, Herzig, McNair and Deines. Election of Officers: Member Colton was elected as Chairperson • Member Craig was elected as Vice Chair. Agenda Review: Director of Current Planning Blanchard reviewed the Consent and Discussion Agenda's: 1. Minutes of the September 4, 1997, September 18, 1997, October 2, 1997, October 16, 1997, July 16, 1998 and August 20, 1998 Planning and Zoning Board Hearings. (Continued) 2. #5-97A Wovenhearts Memory Care, Assisted Living Facility - Project Development Plan. 3. #96-81Q Associates in Family Medicine at the Market at Horsetooth Commons P.U.D., Preliminary and Final 4. Resolution PZ98-14 Easement Vacation 5. Resolution PZ98-18 Easement Vacation Discussion Agenda: 6. Recommendation to City Council Regarding the Choice Streets Program Member Gavaldon moved for approval of Consent items 2, 3, 4 and 5. Member Weitkunat seconded the motion. The motion was approved 5-0. • Planning and Zoning Board Minutes September 3, 1998 Page 2 Project: Recommendation to City Council Regarding the Choice Streets Program Staff Recommendation: Approval Project Description: The Engineering Department is preparing a program consisting of seven (7) action items intended to improve the technical standards and regulatory authorities governing the construction and maintenance of streets and related infrastructure. The seven items are as follows: • A Development construction permit. • Extended warranty and bonding requirements for developers. • Revised street repair standards (county -wide). • Revised licensing and bonding requirements for contractors who work in the • rights -of -way. • Fees for street cuts and infrastructure inspections. • Regulations concerning annexed streets. • Regulations concerning private streets. Cam McNair, Engineering Department gave the staff presentation. He gave a slide presentation that showed the highlights of the program. Mr. McNair referred to a memo that he handed out to the Board tonight of the changes that have been to the package since the first draft was published back in July. Public Input: None. Board Comments: • Development Construction Permit: Member Weitkunat commented that it was a beginning step and it was an appropriate and important one that we start in this area. She was pleased to see the fees not so 40 high that they are unacceptable to the general public. Planning and Zoning Board Minutes September 3, 1998 Page 3 Member Gavaldon felt that the attempt at this was admirable and he felt it would reduce the bill to the taxpayers. Chairperson Colton commented that it sounded like in general, the Board agrees with this and fully supports it. The coordination activities are really needed and the fees did not seem absorbent. Extended Warranty and Development Bond: Member Weitkunat commented that she had a problem with the 5-year period. She felt it was unreasonable to ask a developer to try and guarantee the 5 years because beyond the development, things go on beyond their control. She felt that 3 years might be a compromise rather than tie up a developers funding and ability to bond. She felt we were moving in the right direction, but she felt we were on the far side and that it was a great expectation. Chairperson Colton commented that he was on the Transportation Funding Committee and there was a lot of discussion around this issue. He stated that they fully backed and idea like this, although they did not have the specifics at the time. He thought a lot of people recognize that sometimes it is the developers themselves that can control what happens to the roads during construction, how they are built and what sort of traffic they allow on them. He liked the fact that they are being held liable for what seems a reasonable period of time given we expect a 20-year life out of the streets. Member Craig concurred with Chairperson Colton. She stated that the committee felt the warranty was appropriate. She was also happy that the City will be flexible and work with the developers. She felt that if the developer is responsible for the street, then there will be more control during construction on the amount of trucks allowed on the streets. She felt because of this the streets will be given to the homeowner in the condition they should be. Member Gavaldon agreed with Member Weitkunat and supported 3 years. He supports all the elements put into this, but he felt that was tying someones money up too long. Chairperson Colton asked for a Board count of who supported 5 versus 3 year warranties. Members Colton, Craig and Carpenter supported 5 years. Members Weitkunat and Gavaldon support 3. Revised street repair standards (county -wide) The Board unanimously endorsed this item. • Planning and Zoning Board Minutes September 3, 1998 Page 4 • Revised licensing and bonding requirements for contractors who work in the rights -of -way The Board unanimously endorsed this item. • Fees for street cuts and infrastructure inspections. The Board unanimously endorsed this item. • Regulations concerning annexed streets. Member Gavaldon supported this item, he felt it was excellent work. The Board unanimously endorsed this item. • Regulations concerning private streets. • Member Weitkunat felt that we would not see private streets developing because. She felt it was a much more defined role for them because of that. She felt it was a great first working draft. Member Gavaldon felt this would work well for mobile home parks. He also felt that it would be more clear cut. He suggested that under private drive, a point of reference document be added regarding mobile homes to the general code. He supported this item all the way through. Chairperson Colton felt that this has clarified things for him. He supported the item. Member Craig concurred with Member Weitkunat to the point of wondering why we are even having private streets. She would like Council to look into possibly just not having private streets. Chairperson Colton agreed with Member Craig and felt that the Board should ask Council to look at the private street issue. Member Gavaldon felt that private streets should remain for flexibility. Member Weitkunat also felt that private streets should remain. • Member Carpenter felt there should be flexibility and that private streets should remain an option. Planning and Zoning Board Minutes September 3, 1998 Page 5 Chairperson Colton asked for an overall recommendation of the document. Member Gavaldon moved for the Planning and Zoning Board to strongly recommend to City Council the acceptance of Choice Streets Construction Maintenance of the Infrastructure document along with the Board's individual comments. Member Weitkunat seconded the motion. Member Weitkunat felt this was a necessary document that is long overdue. She felt it was user friendly and understandable. Member Gavaldon felt that this document would make their job easier. He also felt that it was user friendly. Member Carpenter also felt that this was a good document and that it goes a long way in answering some of the problems that we have had in the City. She also felt that it was user friendly. Member Craig thanked staff for taking so many of the suggestions that were brought forward by the Transportation Funding Committee and putting them into the document in a timely fashion. Member Craig felt this was a very fine document. Chairperson Colton agreed with Member Craig. He also felt that this was a user friendly document and would help everyone involved understand roles and expectations. The motion was approved 5-0. There was no other business. The meeting was adjourned at 9:00 p.m. City of Fort Collins TO: FROM: DATE: RE: Services Engineering Department MEMORANDUM Planning and Zoning Board Cam McNair, City Engineer September 3, 1998 "Choice Streets" - Construction and Maintenance of Streets and Infrastructure Following is a summary of substantive changes to the "Choice Streets" proposal since the first draft was disseminated on July 29, 1998: SCHEDULE: The first reading to the City Council has been postponed from September 15' to October 6t6, 1998. DEVELOPMENT CONSTRUCTION PERMIT: • The permit fee has been reduced to $300.00 (from $981.00) for most projects. • The permit fee has been reduced to $150.00 for small projects with less than $20,000.00 of public improvements. • If construction of the streets and infrastructure is not complete within one year, the developer can request an extension of up to six months. The permit extension fee is set at $100.00 (was $105.00 at I" draft). • The permit fee will be subject to the same Affordable Housing Exemption as Development Review Fees, in accordance with the Land Use Code, Section 2.2.3(E)(3). EXTENDED WARRANTY AND DEVELOPMENT BOND: • Better defines the maintenance requirement tor the 2-year period following acceptance of the system. Repairs during this period are limited to damages caused by development -related or building -related activities. • More narrowly defines the repair requirement for the 5-year period following acceptance of the system. Repairs during this period are limited to failures caused by design or construction defects. • The development bond is the preferred security for the construction phase and for the first 2 years of the warranty period. Flexibility is allowed for the final 3 years of the warranty period • as far as type and amount of security. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 STREET REPAIR AND RECONSTRUCTION STANDARDS AND GUIDELINES • A number of clarifications on technical issues and correction of "typos" have been made. RIGHT-OF-WAY CONTRACTORS LICENSE Bonding and insurance requirements have been clarified. STREET CUT FEES AND CONSTRUCTION INSPECTION FEES: The Pavement Impact portion of the Street Cut Fees has been placed on a sliding scale: Square Feet of Excavation Cost Per Square Foot 1to100 $3.50 101 to 500 $ 2.50 501 to 3,000 $ 2.00 Over 3,000 $1.50 The following language is added: "The Pavement Impact Fee does not apply to pavement maintenance patches, excavations in advance of new pavement constructions, pavement reconstructions or pavement overlays. The City Engineer may reduce or waive the pavement impact fee in lieu of the Permittee reconstructing or overlaying the existing pavement". Conversely, fees may be increased (tripled) for street cuts in newly constructed or rehabilitated pavements. Construction Inspection Fees will be subject to the same Affordable Housing Exemption as Development Review Fees, in accordance with the Land Use Code criteria as set forth in Section 2.2.3(E)(3). POLICY AND STANDARDS FOR MAINTENANCE AND IMPROVEMENT OF ANNEXED INFRASTRUCTURE: Clarified the policy with regard to arterial and collector streets. POLICIES. STANDARDS AND PROCEDURES FOR PRIVATE STREETS: Clarified the distinction between private streets and private drives. Added the requirement for filing of a notice with the County to alert buyers of lots on a private street of their maintenance responsibilities. Added the requirement for warranties and bonding on private streets. Attachments: I. Development Construction Permit summary. 11. Extended Warranty and Bonding Requirements for Developers. VI. Annexed Streets. VI. Private Streets. • I. DEVELOPMENT CONSTRUCTION PERMIT. A. Descriution.A Development Construction Permit will be issued at the conclusion of the plans review process which allows the developer to break ground and commence construction on his/her new development project. The developer may apply for the Permit and pay the application fee during the final stages of the development review process. When completion and approval of the plans and the development agreement is very close, the development engineer for the project will schedule and conduct a Construction Coordination Meeting. The Meeting serves many coordination functions described below. When all of the above described items are completed, the Permit will be issued, and the developer may begin construction. (Note: It is expected that any Inspection Fees due would be paid by the developer at the time of issuance of the Permit.) B. Puroose. The following are some of the benefits and reasons for the Permit: (1) Organizes the transition from the Planning process to the Construction process. (2) Assembles and disseminates information to all concerned regarding construction schedule, project management responsibilities and important issues raised during the planning process. (3) Sets the stage for coordination by publishing points of contact and conducting a pre - construction coordination meeting to discuss critical construction issues. (4) Creates a positive control point which signals the completion of the planning phase and the commencement of the construction phase. • (5) Allows city staff and utility companies to plan ahead and manage their workload more effectively, thereby providing better service to developers and better advance warning to affected citizens and businesses. C. Cost. (1) New permit for most projects = $300.00. This covers the actual cost to the City for administering the permit and conducting the Construction Coordination Meeting, plus giving credit for time saved by City Staff by having the permit process. (2) Small Projects Permit = $150.00 (where the value of the public improvements is $20,000.00 or less). (3) Permit extension = $100.00. This covers administrative costs of extending or modifying a permit when the project is not started or completed on schedule. (4) An exemption will be granted for affordable housing projects. The exemption would be granted in accordance with Section 2.2.3(E)(3), Affordable Housing Exemption of the Land Use Code. IL EXTENDED WARRANTY & BONDING REQUIREMENTS FOR DEVELOPERS. Recommendation of Transportation Funding Advisory Committee (TFAC), June 19,.1998: "Staff should restructure construction warranty terms to minimize the costs the City incurs due to premature infrastructure failures. " Current warranty requirements: — City Code Sections 15-363, 24-154, and 26-691 require a one-year guarantee for maintenance and repair of concrete work, asphalt pavements and utilities installations (respectively) installed by licensed contractors. — Engineering Dept's Design and Construction Criteria. Standards and Specifications for Streets. Sidewalks. Alleys and Other Public Ways, Sections 3.12 and 4.12, require contractors to guarantee their portions of street construction for a period of one year after acceptance against defective workmanship and materials. — Above Engineering Dept standards are referenced by City Code Section 24-95 and by Land Use Code Section 3.6.2(H) & (I). Proposed warranty requirements: — Require the Developer to maintain and repair new streets, curbs, gutters, associated drainage structures, sidewalks, and bikeways for two (2) years from the date of completion and acceptance by the City. — Require the Developer to provide a guarantee which assures that the Developer will correct any failures due to inadequate design or construction of the streets and related infrastructure for a period of five (5) years from the date of completion and acceptance by the City. — Require the Developer to provide a development bond or other surety acceptable to the City which assures that the infrastructure will be constructed as shown on the approved plans. — Require the Developer to provide a surety acceptable to the City which assures that the provisions of the 2-year maintenance guarantee and the 5-year guarantee against design and construction defects will be upheld. — Require Contractors who perform construction, repairs or rehabilitations within City rights - of -way to warranty their work for two (2) years from the date of completion and acceptance by the City. Specific changes to codes, plats and standards which are needed to implement the proposed new warranty requirements are provided on the following pages. • (1) Amend the City Code to delete Sections 15-363, 24-154 and 26-691, replacing the various contractor licensing sections of the Code with a new "Right -of -Way Contractors License ",asfurther specified in the"CHOICE STREETS " item #4. This will create a new Article UII in Chapter 15, and the new Section 15-367 ("Guarantee of Work') specifies a two-year guarantee from the licensed contractors for the work they perform within our rights -of -way. • (2) Amend the Transitional Land Use Regulations by adding a new Section 29-13 as follows: Sec. 29-13 Maintenance Guarantee and Certificate of Dedication All final plats, whether approved pursuant to Section 29-526 (The Land Development Guidance System) or Section 29-643 (Final Plats for Standard Subdivisions) shall contain a Maintenance Guarantee and Certificate of Dedication, signed by the Developer and the Owner (as described in Section 2.2.3(C)(3)(a) of the Land Use Code), which provide a two-year maintenance guarantee and five-year guaranty against design and construction defects. The specific provisions of the Maintenance Guarantee and Certificate of Dedication shall be established by the City Engineer. (3) Amend the Transitional Land Use Regulations by adding a new Section 29-14 as follows: Sec. 29-14 Development bond Prior to the issuance of a Development Construction Permit for a new development, the Developer must provide to the City a guarantee in the form of a development bond or other City - approved means to guarantee the completion of all public improvements to be constructed as shown on the approved plans for the development. The bond shall be based on an estimate of cost of the public improvements, as prepared by the Developer and submitted to the City Engineer for review and approval. Upon completion and acceptance of the streets and other public improvements, the bond, or other approved surety, shall be extended for two years to cover the two-year maintenance guarantee period. Security for the remaining three years of the guarantee period shall take the form of a bond, letter of credit, cash, certificate of deposit or other City -approved means to guarantee that the Developer will comply with the provisions of the warranty. The amount of the security for the maintenance and warranty period shall be based on a percentage of the cost of the public improvements, said percentage being determined by the City Engineer based on the potential costs of repairs within the development, and may be adjusted if appropriate during the guarantee period • required pursuant to Section 29-13. (4) Amend the Land Use Code, Section 2.2.3 ("Step 3: Development Application Submittal'), fQ ("Development Application Contents'), 0 ("Execution of Plats/Deeds; Signature Requirements') by inserting a new sub -pa raQranh (g) as follows, and renumbering the subsequent existing sub paragraphs: (g) contain a Maintenance Guarantee and Certificate of Dedication, signed by the Developer and the Owner (as described in subparagraph (a) above), which provide a two-year maintenance guarantee and five-year guarantee against design and construction defects. The specific provisions of the Maintenance Guarantee and Certificate of Dedication shall be established by the City Engineer. (Proposed language for the Maintenance Guarantee and Certificate of Dedication are attached). (5) Amend the Land Use Code, Section 3.3.1 ("Plat Standards'), fC2 ("Public Sites, Reservations and Dedications') by inserting a new sub paragraph (2) as follows, and then renumbering the subsequent existing sub paragraphs: (2) The plat shall contain a two-year maintenance guarantee and a five-year guarantee against design and construction defects, which guarantees shall commence upon the date of completion of the improvements and acceptance by the City, as more particularly described in the "Execution of Plats/Deeds; Signature Requirements" [Section 2.2.3 (C)(3)]. Security for the first two years of the warranty period shall take the form of an extension of the Development Bond, or approved substitute, as explained in Section 3.3.2 (C). Security for the remaining three years of the warranty period shall take the form of a bond, letter of credit, cash, certificate of deposit or other City -approved means to guarantee that the Developer will comply with the provisions of the warranty. The amount of the security for the maintenance and warranty period shall be based on a percentage of the cost of the public improvements, said percentage being determined by the City Engineer based on the potential costs of repairs within the development, and may be adjusted if appropriate during the warranty period. (6) Amend Land Use Code, Section 3.3.2("Development Improvements'), by inserting a new sub paragraph (C) as follows, and relettering the subsequent existing sub paragraphs: (C) Development Bond Prior to the issuance of a Development Construction Permit for a new development, the Developer must provide to the City a guarantee in the form of a development bond or other City -approved means to guarantee the completion of all public improvements to be constructed as shown on the approved plans for the development. The bond amount be based on an estimate of cost of the public improvements, as prepared by the Developer and submitted to the City Engineer for review and approval. Upon completion and acceptance of the streets and other public improvements, the bond, or other approved surety, shall be extended for two years to cover the two-year maintenance guarantee period required pursuant to Section 3.3.1(C). J • (7) Amend the Engineering Department's Design and Construction Criteria. Standards and Specifications for Streets. Sidewalks. Alleys and Other Public Ways. Sections 3.12 and 4.12, as follows: 3.12 DEFECTIVE WORKMANSHIP AND MATERIALS The Contractor shall guarantee his portions of street construction for a period of kIW after acceptance -Against defective workmanship and materials. The determination of the necessity, during such guarantee period, for the Contractor to repair said street, or any portion thereof, shall rest entirely with the whose decision upon the matter shall be final and binding upon the Contractor. 4.12 DEFECTIVE WORKMANSHIP AND MATERIALS The Contractor shall guarantee curb, gutter, walks, driveways and crosspans for a period of :. �� . after acceptance against defective workmanship and materials. The determination of the necessity, during such guarantee period, for the Contractor to repair said curb, gutters walks driveways, or crosspans, or any portion thereof, shall rest entirely with the al whose decision upon the matter shall be final and binding upon the Contractor. L PLAT MAINTENANCE GUARANTEE AND CERTIFICATE OF DEDICATION: Maintenance Guarantee. The undersigned, and its successors and assigns, (hereinafter referred to as the "Developer") hereby warrants and guarantees to the City of Fort Collins, for a period of two (2) years from the date of acceptance by the City of the improvements warranted hereunder, the full and complete maintenance and repair of the improvements constructed under the authority of this plat. This warranty and guarantee is made in accordance with the Fort Collins Land Use Code and/or the Transitional Land Use Regulations, if applicable. This guarantee applies to the streets and all other appurtenant structures and amenities lying within the rights -of -way, easements and other public properties, including, without limitation, all curbing, sidewalks, bike paths, drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any maintenance and/or repair required on utilities shall be coordinated with the owning utility company or department. The Developer shall maintain said improvements in a manner that will assure compliance on a consistent basis with all construction standards, safety and environmental protection requirements of the City. The Developer shall also correct and repair, or cause to be corrected and repaired, all damages to said improvements resulting from development -related or building -related activities. In the event the Developer fails to correct any damages within thirty (30) days after written notice thereof, then said damages may be corrected by the City and all costs and charges billed to and paid by the Developer. The City shall also have any other remedies available to it as authorized by law. Any damages which occurred prior to the end of said two (2) year period and which are unrepaired at the termination of said period shall remain the responsibility of the Developer. IN WITNESS WHEREOF, the Developer has caused this Agreement to be executed this day of 0 Title: Certificate of Dedication. The owner of the land subject to this plat acknowledges that this plat was made from an actual survey, and for value received, the sufficiency of which is hereby acknowledged, does hereby dedicate and convey to the City of Fort Collins, Colorado, for the use of the public forever, all streets and rights -of -way, alleys, sidewalks, bike paths, watercourses, drains, easements, greenbelts and other public places shown hereon, except those easements shown on this plat as private easements. In consideration of the approval of this final plat and other valuable consideration, the owner does hereby agree to hold the City of Fort Collins, Colorado, harmless for a five (5) year period, commencing upon the date of written acceptance of the improvements constructed under the authority of this plat (the "warranty period"), from any and all claims, damages, or demands arising on account of the design and construction of public improvements of the property shown herein; and the owner furthermore commits to make necessary repairs to said public improvements, to include, without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub -drains, culverts, walls and bridges within the right-of-way, resulting from failures caused by design and/or construction defects. This agreement includes defects in materials and workmanship, as well as defects caused by or consisting of settling trenches, fills or excavations. Further, the owner warrants that he/she owns fee simple title to the property shown hereon and • agrees that the City of Fort Collins shall not be liable to the undersigned or his/her successors in interest during the warranty period, for any claim of damages resulting from negligence in exercising engineering techniques and due caution in the construction of cross drains, drives, structures or buildings, the changing of courses of streams and rivers, flooding from natural creeks and rivers, and any other matter whatsoever on private property. Any and all monetary liability occurring under this paragraph shall be the liability of the owner. I further warrant that I have the right to convey said land according to this plat and hereby bind myself and the owners subsequent in title to defend the covenants and agreements set out herein. IN WITNESS WHEREOF, I have hereunto set by hand and affixed my seal this day of Owner: STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of by • Witness my hand and official seal. My Commission Expires: Notary Public ACCEPTANCE: The conveyance of streets and rights -of -way and public dedications shown on this plat are hereby accepted by the City of Fort Collins, Colorado, this the day of ATTEST: City Clerk FOR THE CITY OF FORT COLLINS, COLORADO M City Manager V1. ANNEXED STREETS Description: The policy and standards have been developed to provide direction to city staff for handling maintenance issues and the eventual need to have annexed streets improved to meet city standards. Purpose: The City has annexed many streets. Some meet city standards but the majority do not. It has been an unwritten policy of the city that annexed streets must be upgraded to city standards before the city would maintain the streets, other than filling potholes to keep a street passable. With the passage of City Plan and a revision early this year, the City now has a formal policy that annexed streets must be upgraded to city standards before the City would take on full maintenance. The proposed policy and standards will formalize criteria in the City Code and Street Standards to provide clear direction to staff and provide clear information for those whose streets are annexed on what to expect. Cost: UURerading the streets - Adjoining property owners will have to pay for the total cost to improve their annexed street to meet city standards. A Special Improvement District (SID) is the preferred method for financing and assessing costs to the property owners. Maintenance Before U rve, adinQ - City pays for minor maintenance. Property owners must pay for more. Maintenance After Upgrading - City pays for full maintenance as it would with all streets builts to standards in the City. Detailed Information Attached: "Policy & Standards for Maintenance and Improvement of Annexed Infrastructure" is attached. This will be incorporated by ordinance into the "Design and Construction Criteria, Standards and Specifications for Streets, Alleys and Other Public Ways", as APPENDIX A. POLICY & STANDARDS for MAINTENANCE AND IMPROVEMENT of ANNEXED INFRASTRUCTURE 9/2/98 Draft City -of Fort Collins Policy GM-2.1 "Annexation Policy" of the City Plan Principles and Policies, includes the following general statement for the handling of existing infrastructure constructed in Larimer County and subsequently annexed into the City: Infrastructure standards. Developed land, or areas seeking voluntary annexation, must have their infrastructure improved (e.g., streets, utilities and storm drainage systems) to City standards, or must have a mechanism (e.g. a special improvement district, capital improvements program or other type project) in place to upgrade such services and facilities to City standards before the City will assume full responsibility for future maintenance. This statement requires further clarification for handiingapplication to infrastructure already . meeting City standards mid thme that do rivt as well as infrastructure that does not'meet City standards. Therefore, this Appendix is established in order to (1) set the level of maintenance that the City will initially provide on annexed infrastructure and (2) present criteria for determining what improvements have to be done to upgrade the infrastructure to meet City Standards forthe City to assume before the Cityassumes full responsibility for maintenance. MAINTENANCE CRITERIA INITIAL MAINTENANCE STREETS BUILT TO CITY STANDARDS - In August 1989 the Larimer County Commissioners adopted "Urban Area Road Standards" (County Urban Standards) for streets built in the urban growth areas of the cities of Loveland and Fort Collins. These standards were modeled after, and equal to or better than, the City of Fort Collins street standards in effect at that time. Streets developed in the County that were designed and constructed to those standards would be considered "meeting current City standards." As long as those streets have been maintained and not allowed to deteriorate, the City would take on "full responsibility for future maintenance" to the level that all City streets built to City • standards have been maintained. If the streets had not been maintained properly and repairs were necessary, the City would only provide minor maintenance to a level to keep the streets from becoming unsafe. With the improvements in a deteriorated state, the property owners adjacent to these streets would be required to rehabilitate the streets to meet acceptable maintenance standards of the City, at their expense, prior to the City taking on full responsibility for maintenance. STREETS NOT BUILT TO CITY STANDARDS - All other streets and roads that have been annexed into the City and not constructed to County Urban Standard nor to City standards, shall be handled in the following way: 1. The City shall provide only minor maintenance to the pavement surfaces to keep them from becoming unsafe. Minor maintenance may consist of periodic grading of gravel surfaces and filling potholes in asphalt surfaces. In addition the City will maintain all culverts and storm drainage pipes that pass under an annexed street. 2. The property owners adjacent to annexed county streets will be responsible for maintenance of curb and gutter and/or borrow ditches and culverts that cross under driveways. UTILITIES are generally owned by the City or by publicly regulated utility companies and/or districts. The City or the utility companies/districts shall maintain all utility lines and facilities owned by them. Private utility systems shall be the responsibility of the utility owners and not the City. STORM DRAINAGE SYSTEMS - The level of maintenance of storm drainage facilities dedicated to the public, to be assumed by the City, shall be determined by the City. The property owners must first have a study made (at their expense) of the existing drainage system, including everything that contributes runoff to the system, how it functions, and how it conforms or fails to conform to City standards. The study must be performed by a professional engineer licensed in the State of Colorado. The study results must then be submitted to the City for evaluation. The City will evaluate the system for its adequacy as a functioning system. If the system functions adequately, the City may accept certain responsibilities for maintenance. If the system does not function or has certain non-functioning parts, the City shall evaluate the seriousness of the deficiencies for the health, safety or welfare of the public and take appropriate action. Non- functioning components that cause damage only to the property owners adjoining the system, will be the full responsibility of those property owners to correct or improve as they deem necessary. If the system deficiencies do cause damage to the public other than the adjoining property owners, the City shall take action to the degree necessary to inform the property owners of the problem, indicating their responsibility to correct the problems. 0 • FULL RESPONSIBILITY FOR MAINTENANCE When infrastructure meets or has been upgraded to an acceptable level to meet City standards for the City to accept "full responsibility for maintenance," the City shall maintain such infrastructure to the same level that maintenance is performed on all other public infrastructure in the City. IMPROVEMENTS -TO CITY STANDARDS CRITERIA At such time that the City determines that minor maintenance is no longer adequate to protect public safety, the annexed infrastructure must be upgraded to City standards at no expense to the City. Improvements may be done voluntarily by the adjacent property owners, or the City Council may impose the improvements through the adoption of a Special Improvement District (SID). The SID is still an option available to the property owners on a voluntary basis. The required improvements will be determined by the City specifically for each subdivision depending upon the existing problems that need to be corrected and constraints that may prevent certain improvements from being built. Required improvements to meet City standards at the expense of the property owners itntlat may include, but not be limited to, the following: . 1. STREETS: * Improve all streets to standard widths * Pavement (upgraded to 20 year design life) * Curb and gutter required (if borrow ditches must remain, other measures may be considered to allow runoff to the ditch, such as using a concrete edge to protect the pavement and borrow ditch) * Sidewalk - detached from the curb or roadway surface * Bridges and box culverts - Upgrade for HS20 design loading and 50 year design life * Retaining walls - Not allowed in the public right-of-way * Grades - Must meet minimum and maximum criteria * Street lights - must be paid for by the property owners and installed by the City * Borrow ditches and driveway culverts - If necessary to remain, must be maintained by the adjacent property owners 2. UTILITIES: * Water lines 1. City or district owned lines, no improvements required 2. Private lines will need to be upgraded to City or District standards for City or district acceptance * Sewer lines • A. City or district owned lines, no improvements required B. Private lines will need to be upgraded to City or District standards for City or district acceptance C. In areas with no existing sewers (septic systems), sewer lines must be installed in the streets prior to upgrading the street. * Manholes and valve boxes - Adjust to grade of finished street surface * Other utilities - Upgrade to acceptable standards of the utility prior to paving 3. STORM DRAINAGE: * The drainage system must be upgraded to a functioning system * Borrow ditches - Remove and replace with curb and gutter ( if borrow ditches must remain, the minimum thalweg slope is 2% or if <2%, ditch must be paved with a concrete valley pan to prevent standing water) * Borrow ditch side slopes - Must be 4:1 or flatter * Driveway culverts - Replace with acceptable City standard pipe and flared ends * Borrow ditches and driveway culverts - If necessary to remain, must be maintained by the adjacent property owners * Detention Ponds - Must be certified by a professional engineer licensed in the State of Colorado that it functions in accordance with City standards * Culverts under the streets - Corrugated metal, plastic or other material culverts must be resized and replaced with Reinforce Concrete Pipe that meets City standards. * Inlets - May need to be replaced or remodeled if they are undersized or do not meet City standards 4. OTHERIMPROVEMENTS * Other improvements unique to the location - The City shall be the determining authority on what must be done with unique circumstances not covered in the above criteria. ARTERIAL AND COLLECTOR STREETS These Criteria shall apply to all annexed streets, including arterial and collector streets, The adioinine ni local street frontage: 12 i • VII. PRIVATE STREETS Description: The policy and standards have been developed to provide direction for city staff in handling requests from developers to build private streets and in handling requests from homeowners adjacent to private streets that want to make their streets public. Purpose: The city frequently receives requests from developers to make their subdivision streets private . In addition, the city is often approached by property owners adjacent to private streets that want their streets to be public. The city has no specific written criteria for private streets to deal with these issues. Therefore, this written policy will provide staff with clear criteria for the efficient handling of private street issues. Cost: Proposed Private Streets - No more than the cost to build a public street. Convert Private Street to Public - Full cost to upgrade must be paid by the adjoining property owners. A Special • Improvement District (SID) is the preferred method for financing and assessing costs to the property owners. The City would take on maintenance costs as with all other streets built to city standards. Detailed Information Attached: The latest draft copy of the "Private Street and Private Drive Policies". This will be incorporated by ordinance into the Land Use Code, Transitional Land Use Regulations and "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways", as appropriate. City of Fort Collins Private Street and Private Drive Policies 9/3/98 Draft Proposed Private Streets 1. Definition for private street: Private Street shall mean a parcel of land not dedicated as a public street over which a public access easement for street purposes has been granted to the City, which intersects or connects with a public street or another private street, and where the instrument creating such easement has been or shall be required by the city to be recorded or filed in the Office of the County Recorder of Larimer County. The public access easement shall allow for access by police, emergency vehicles, trash collection and other service vehicles, utility owners, and the public in general. 2. When are Private Streets Allowed: Private streets may be allowed in a development provided that their function will only be to serve as access to properties within the development. Streets that may carry through traffic (by plan or circumstance) are required to be public streets. All developments which include any proposed private streets must comply with the connectivity standards of the City Land Use Code. 3. Design Requirements: Designs for private streets shall meet all City of Fort Collins street standards for public streets. Optional treatments beyond the minimum City standards, such as landscaped medians or other decorative features, will not be approved unless the City determines that such treatments present no safety risk for the public and that the City's utilities will not incur maintenance or replacement costs for their utilities above normal costs associated with City standard design. As with public streets, the design of private streets must be completed by or under the responsible charge of a professional engineer licensed by the State of Colorado. The design for all private streets shall be included in the Utility Plans for the development. 4. Construction: The construction of all private streets shall be under the direct supervision of a professional engineer licensed by the State of Colorado, who must certify that all improvements for private streets have been completed in accordance with the plans approved by the City. In addition, the construction of private streets shall be subject to inspection by the City's Engineering Department for compliance with the City standards and approved plans as is done by the City for public streets All private 'streets shall be subject to bonding and warranty requirements as are public streets'. 5. Traffic Control: All traffic control devices for the private street system, such as signs, signals, striping, • speed control devices (traffic calming) and speed limits, must meet City standards. Plans for traffic control, including later changes desired by the home owners, must be reviewed and approved by the City Traffic Engineer. 6. Operation, Maintenance and Reconstruction: The developer of the private street system must submit to the City that portion of the covenants, declarations and/or by-laws of the property owners association which defines the responsibilities for the private street system, the costs of which must be borne by the property owners and not the City., The documents must provide for maintenance, reconstruction, drainage, lighting, landscaping, traffic control devices and any other special conditions. This information must also be shown on the plat and site plan for the development with the added statement that the Ci has no obli ation to * ' `' z T , : t3 ,. g perform nqr pay for repair, nruntmn and mamtamance or nor obligation to accept the streets as public streets. In addttion, the developer shall be required to file a notice with the Larimer the 7. Naming and Addressing: • Private streets shall be named and addressed, the same way as public streets, in accordance with the standards of the City. 8. Gated Developments: Gated street entryways into residential developments are prohibited in accordance with the City Land Use Code, Section 3.6.3(G). Gated entryways for private streets are also prohibited. Private Street conversion to a Public Street Owners of a private street who want to dedicate their street to the City, converting the private street to a public street, must upgrade the street to City standards and pay for all costs associated with the improvement. The necessary requirements for the upgrade in order for the City to consider accepting the street, are as follows: I . The street must be designed and constructed to current City standards. If the street does not meet the City standards, it must be upgraded to meet them. 2. Storm drainage improvements must be made concurrently with the street improvements. A drainage study may be required to determine what improvements would be needed. Completion of the drainage study, design and • construction are all the responsibility of the owners. 3. If the property served by the private street is served by a septic system, it must be determined whether a sewer line will need to be installed in the street. If the street is located where the sewer will need to be placed, the sewer will have to be designed and constructed prior to improving the street to City standards. The City shall not accept a street that will have to be reconstructed in the future to install a sewer line. 4. The land area needed on which the City standard street would be built, must be dedicated to the City as right-of-way. In addition, the owners must secure any other necessary easements for the street and drainage system and dedicate those easements to the City. The process for dedicating the right-of-way and easements may include, but not be limited to, surveying, platting, deed preparation, title verification, negotiations for purchase, and purchase. All of this process must be handled by the owners. The City will assist in answering questions and explaining the ramifications of the process. The City may assist the property owners by establishment of an improvement district to finance the improvements within the requirements of the City Code. Private Drives 1. Definition: Private Drive shall mean a parcel of land not dedicated as a public street over which a private easement for driveway purposes has been granted to the owners of property contiguous or adjacent thereto, which intersects or connects with a public street, or another private street, and where the instrument creating such easement has been or shall be required by the city to be recorded or filed in the Office of the County Recorder of Latimer County. 2. When are New Private Drives Allowed: a. Single family developments A private drive may be allowed to provide access to an unusually shaped parcel of land to serve up to four (4) isolated single family lots provided that the drive is connected to only one public street. A private drive may not be used where through traffic (by plan or circumstance) would use the drive. All developments which include any proposed private drives must comply with the connectivity standards of the City Land Use Code. b. Multi -family developments A private drive may be allowed to serve as access to buildings containing multi- 0 • • family dwelling units provided that the drive is connected to only one public street or, alternatively, if the drive is connected to more than one street, then the private drive shall be aligned so that it does not attract or invite through traffic. 3. Design Requirements: Private drives shall be -designed to meet the following criteria: 2. If any property served by the private drive cannot be served for fire emergency from a -public street, then all emergency access design requirements shall apply in accordance with Section 3.6.6 of the City Land Use Code. An "emergency access easement" must be dedicated to the City for private drives that afford access for emergency purposes. Private drives which are aisles in a parking lot or have parking stalls adjoining shall be designed in accordance with the parking lot requirements in Section 3.2.2 of the Land Use Code and in the City street standards. 4. Maximum dead-end drive length shall be 150 feet. 5. Access locations on public streets shall be in accordance with City standards. 6. The connection of a private drive with a public street shall be made with a driveway cut using a "New Driveway Approach" in accordance with City street standards. If drainage from a private drive is channeled or directed to a public street, the water may not be directed over the public sidewalk. 4. Construction: The construction of all private drives shall be under the direct supervision of a professional engineer licensed by the State of Colorado, who must certify that all improvements for private drives have been completed in accordance with the plans approved by the City. In addition, the construction of private drives that will serve emergency purposes shall be inspected by the City's Engineering Department staff for compliance with the City standards and approved plans as is done by the City for public fd streets for compliance with the approved plans and the City Code. 5. Operation, Maintenance and Reconstruction: The developer of the private drive must submit to the City that portion of the covenants, declarations and/or by-laws of the property owners association which defines the responsibilities for the private drive, the costs of which must be borne by the property owners and not the City. The documents must provide for maintenance, reconstruction, drainage, policing and any other special conditions. This information must also be shown on the plat and sife plan for the development with the added statement that the City has no obligation nor ever intends to repair, maintain or accept the drive as a public street. 6. Naming and Addressing: Private drives shall not be named. Addressing of the property shall be from the public street from which primary access to the property is taken. 7. Gated Developments: Gated street entryways into residential developments are prohibited in accordance with the City Land Use Code, Section 3.6.3(G). Gated entryways for private drives are also prohibited.