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HomeMy WebLinkAbout183 - 10/20/1998 - AMENDING CHAPTER 24 OF THE CITY CODE, THE LAND USE CODE, AND THE 'DESIGN AND CONSTRUCTION CRITERIA, ORDINANCE NO. 183, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS, THE LAND USE CODE, AND THE "DESIGN AND CONSTRUCTION CRITERIA, STANDARDS AND SPECIFICATIONS FOR STREETS, SIDEWALKS, ALLEYS AND OTHER PUBLIC WAYS" REGARDING REGULATIONS PERTAINING TO PRIVATE STREETS AND PRIVATE DRIVES WHEREAS,the City Engineer has prepared and presented to the Council a program known as the "Choice Streets System"which program is intended to improve the technical standards and regulatory authorities governing the design, construction and maintenance of streets and related infrastructure in the City; and WHEREAS,from time to time,the City receives requests from developers that certain streets be allowed to remain privately owned as opposed to being dedicated to the public; and WHEREAS, from time to time, the City receives requests from property owners adjoining existing private streets or private drives that the streets or drives be accepted by the City for ownership and maintenance; and WHEREAS, the City Engineer has recommended to the Council that certain policies and standards be developed concerning private streets and drives in order to provide the public with a clear understanding of the City's position regarding private streets and drives and in order to provide uniform staff administration and implementation of City policies regarding private streets and drives; and WHEREAS, the Planning and Zoning Board and the Transportation Board have recommended the adoption of the program; and WHEREAS, the Council has determined that the passage of this ordinance is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 24 of the Code of the City of Fort Collins be amended by the addition of a new Section 24-98, which section shall read as follows: See. 24-98. Upgrading of private streets and drives. Owners of a private street or drive who desire to dedicate such street or drive to the city,thereby converting such private street or drive to a public street,must,prior to dedication, improve the same to city standards and pay for all costs associated ORDINANCE NO. 183, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS, THE LAND USE CODE, AND THE "DESIGN AND CONSTRUCTION CRITERIA, STANDARDS AND SPECIFICATIONS FOR STREETS, SIDEWALKS, ALLEYS AND OTHER PUBLIC WAYS" REGARDING REGULATIONS PERTAINING TO PRIVATE STREETS AND PRIVATE DRIVES WHEREAS,the City Engineer has prepared and presented to the Council a program known as the "Choice Streets System"which program is intended to improve the technical standards and regulatory authorities governing the design, construction and maintenance of streets and related infrastructure in the City; and WHEREAS,from time to time,the City receives requests from developers that certain streets be allowed to remain privately owned as opposed to being dedicated to the public; and WHEREAS, from time to time, the City receives requests from property owners adjoining existing private streets or private drives that the streets or drives be accepted by the City for ownership and maintenance; and WHEREAS, the City Engineer has recommended to the Council that certain policies and standards be developed concerning private streets and drives in order to provide the public with a clear understanding of the City's position regarding private streets and drives and in order to provide uniform staff administration and implementation of City policies regarding private streets and drives; and WHEREAS, the Planning and Zoning Board and the Transportation Board have recommended the adoption of the program; and WHEREAS, the Council has determined that the passage of this ordinance is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 24 of the Code of the City of Fort Collins be amended by the addition of a new Section 24-98, which section shall read as follows: See. 24-98. Upgrading of private streets and drives. Owners of a private street or drive who desire to dedicate such street or drive to the city,thereby converting such private street or drive to a public street,must,prior to dedication, improve the same to city standards and pay for all costs associated with the improvement. The necessary requirements for the improvement in order for the city to consider accepting the street, are as follows: (1) The street must be designed and constructed to current city standards. If the street does not meet city standards, it must be upgraded to meet such standards in accordance with the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,Alleys and Other Public Ways" as adopted by the City Council by ordinance or resolution. (2) Storm drainage improvements must be made concurrently with the street improvements. A drainage study may be required to determine the kinds of improvements that will be needed. Completion of the drainage study and design and construction of all drainage improvements shall be the responsibility of the owners of the private street. (3) If the properties served by the private street or drive are served by sanitary septic systems,the General Manager for the Office of Water,Wastewater and Stormwater Utility Services must determine whether sewer lines will need to be installed in the street. If the street is located where a sewer line is anticipated to be placed, the sewer line must be designed and constructed prior to improving the street to city standards. The city shall not accept a street for ownership or maintenance if such street will have to be reconstructed in the future to install a new sewer line. (4) All land necessary to accommodate the construction and location of a standard city street must be dedicated to the city as right-of-way. In addition, the owners of the private street or drive must secure any other necessary easements for the street and drainage system and dedicate such easements to the city. The process for dedicating such right-of-way and easements includes, without limitation, surveying, platting, deed preparation, title verification, negotiations for purchase, and purchase, all of which process shall be the responsibility of the owners. The City Council may, in its discretion, finance and authorize street improvements utilizing a special improvement district as provided in Chapter 22,Article III of the Code. Section 2. That the Land Use Code be amended by the addition of new Subsections 3.6.2(K) "Private Streets" and 3.6.2(L) "Private Drives" to read as follows: 2 with the improvement. The necessary requirements for the improvement in order for the city to consider accepting the street, are as follows: (1) The street must be designed and constructed to current city standards. If the street does not meet city standards, it must be upgraded to meet such standards in accordance with the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,Alleys and Other Public Ways" as adopted by the City Council by ordinance or resolution. (2) Storm drainage improvements must be made concurrently with the street improvements. A drainage study may be required to determine the kinds of improvements that will be needed. Completion of the drainage study and design and construction of all drainage improvements shall be the responsibility of the owners of the private street. (3) If the properties served by the private street or drive are served by sanitary septic systems,the General Manager for the Office of Water,Wastewater and Stormwater Utility Services must determine whether sewer lines will need to be installed in the street. If the street is located where a sewer line is anticipated to be placed, the sewer line must be designed and constructed prior to improving the street to city standards. The city shall not accept a street for ownership or maintenance if such street will have to be reconstructed in the future to install a new sewer line. (4) All land necessary to accommodate the construction and location of a standard city street must be dedicated to the city as right-of-way. In addition, the owners of the private street or drive must secure any other necessary easements for the street and drainage system and dedicate such easements to the city. The process for dedicating such right-of-way and easements includes, without limitation, surveying, platting, deed preparation, title verification, negotiations for purchase, and purchase, all of which process shall be the responsibility of the owners. The City Council may, in its discretion, finance and authorize street improvements utilizing a special improvement district as provided in Chapter 22,Article III of the Code. Section 2. That the Land Use Code be amended by the addition of new Subsections 3.6.2(K) "Private Streets" and 3.6.2(L) "Private Drives" to read as follows: 2 3.6.2 Streets, Streetscapes,Alleys and Easements (K) Private Streets. Private streets shall be controlled by the following requirements: (1) When Allowed. Private streets shall be allowed in a development, provided that their function will only be to provide access to properties within the development. Streets that may carry "through traffic" (by plan or circumstance) shall be public streets. All development plans which include any proposed private streets must comply with Section 3.6.3 (Street Pattern and Connectivity Standards). (2) Design Requirements. Designs for private streets shall meet all standards for public streets in accordance with the"Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways," as adopted by the City Council by ordinance or resolution. 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 to the public and that the city's utilities will not incur maintenance or replacement costs for their utilities above normal costs associated with the city's standard design. As with public streets, the design of private streets must be completed by or under the 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. (3) Construction Requirements. 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 Engineer for compliance with city standards established in the "Design and Construction Criteria,Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways," as adopted by the City Council by ordinance or resolution, and in accordance with the approved plans for the development. All private streets 3 3.6.2 Streets, Streetscapes,Alleys and Easements (K) Private Streets. Private streets shall be controlled by the following requirements: (1) When Allowed. Private streets shall be allowed in a development, provided that their function will only be to provide access to properties within the development. Streets that may carry "through traffic" (by plan or circumstance) shall be public streets. All development plans which include any proposed private streets must comply with Section 3.6.3 (Street Pattern and Connectivity Standards). (2) Design Requirements. Designs for private streets shall meet all standards for public streets in accordance with the"Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways," as adopted by the City Council by ordinance or resolution. 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 to the public and that the city's utilities will not incur maintenance or replacement costs for their utilities above normal costs associated with the city's standard design. As with public streets, the design of private streets must be completed by or under the 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. (3) Construction Requirements. 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 Engineer for compliance with city standards established in the "Design and Construction Criteria,Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways," as adopted by the City Council by ordinance or resolution, and in accordance with the approved plans for the development. All private streets 3 shall be subject to the same bonding and warranty requirements as are established for public streets. (4) 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. All plans for traffic control, including any proposed revisions, must be reviewed and approved by the City Traffic Engineer prior to installation thereof. (5) Operation, Maintenance and Reconstruction. The developer of a private street system must submit to the city that portion of the covenants, declarations and/or bylaws of the appropriate property owners association which defines the responsibilities for the operation, maintenance and reconstruction of 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 city has no obligation to perform or pay for repair and maintenance or any obligation to accept the streets as public streets. At the time of recording of the plat, the developer shall also record a notice in the Larimer County, Colorado records showing the location of such street and identifying the property or properties which are burdened with the obligation of operation, maintenance and reconstruction of such street, and affirming that the city has no such obligation, or any obligation to accept such street as a public street. (6) Naming and Addressing. Private streets shall be named and addressed in the same manner as public streets,in accordance with the laws and standards of the city. (7) Gated Developments. Gated street entryways into residential developments are prohibited in accordance with Section 3.6.3(G). Gated entryways for private streets are also prohibited. 4 shall be subject to the same bonding and warranty requirements as are established for public streets. (4) 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. All plans for traffic control, including any proposed revisions, must be reviewed and approved by the City Traffic Engineer prior to installation thereof. (5) Operation, Maintenance and Reconstruction. The developer of a private street system must submit to the city that portion of the covenants, declarations and/or bylaws of the appropriate property owners association which defines the responsibilities for the operation, maintenance and reconstruction of 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 city has no obligation to perform or pay for repair and maintenance or any obligation to accept the streets as public streets. At the time of recording of the plat, the developer shall also record a notice in the Larimer County, Colorado records showing the location of such street and identifying the property or properties which are burdened with the obligation of operation, maintenance and reconstruction of such street, and affirming that the city has no such obligation, or any obligation to accept such street as a public street. (6) Naming and Addressing. Private streets shall be named and addressed in the same manner as public streets,in accordance with the laws and standards of the city. (7) Gated Developments. Gated street entryways into residential developments are prohibited in accordance with Section 3.6.3(G). Gated entryways for private streets are also prohibited. 4 (L) Private Drives. (1) When Allowed. (a) Single family developments. A private drive shall 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 (1) street. A private drive may not be used where "through traffic' (by plan or circumstance) would use the drive. All development plans which include any proposed private drives must comply with Section 3.6.3 (Street Pattern and Connectivity Standards). (b) Multi family developments. A private drive shall be allowed to serve as access to buildings containing multi-family dwelling units provided that the drive is connected to only one(1)street or,alternatively,if the drive is connected to more than one(1)street,then the private drive shall be aligned so that it does not attract or invite "through traffic'. (2) Design Requirements. Private drives shall be designed to meet the following criteria: (a) If any property served by the private drive cannot receive fire emergency service from a public street, then all emergency access design requirements shall apply to the private drive in accordance with Section 3.6.6. An "emergency access easement" must be dedicated to the city for private drives that provide emergency access. (b) 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 and in the city street standards. (c) Maximum dead-end drive length shall be one hundred fifty (150) feet. 5 (L) Private Drives. (1) When Allowed. (a) Single family developments. A private drive shall 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 (1) street. A private drive may not be used where "through traffic' (by plan or circumstance) would use the drive. All development plans which include any proposed private drives must comply with Section 3.6.3 (Street Pattern and Connectivity Standards). (b) Multi family developments. A private drive shall be allowed to serve as access to buildings containing multi-family dwelling units provided that the drive is connected to only one(1)street or,alternatively,if the drive is connected to more than one(1)street,then the private drive shall be aligned so that it does not attract or invite "through traffic'. (2) Design Requirements. Private drives shall be designed to meet the following criteria: (a) If any property served by the private drive cannot receive fire emergency service from a public street, then all emergency access design requirements shall apply to the private drive in accordance with Section 3.6.6. An "emergency access easement" must be dedicated to the city for private drives that provide emergency access. (b) 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 and in the city street standards. (c) Maximum dead-end drive length shall be one hundred fifty (150) feet. 5 (d) Access locations on public or private streets shall be placed in accordance with city standards. (e) 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. (f) If drainage from a private drive is channeled or directed to a public street, the water shall not be directed over the public sidewalk. (3) Construction Requirements. 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 access purposes shall be inspected by the City Engineer for compliance with city standards and the approved plans in the same manner as is required by the city for public streets. (4) Operation, Maintenance and Reconstruction. The developer of a private drive must submit to the city that portion of the covenants, declarations and/or by-laws of the appropriate property owners association which defines the responsibilities for the operation, maintenance and reconstruction of 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 site plan for the development with the added statement that the city has no obligation to perform or pay for repair and maintenance or any obligation to accept the private drives as public streets. At the time of recording of the plat, the developer shall also record a notice in the Larimer County, Colorado records showing the location of such drive and identifying the property or properties which are burdened with the obligation of operation, maintenance and reconstruction of such drive, and affirming that the city has no such obligation, nor any obligation to accept such drive as a public street or drive. 6 (d) Access locations on public or private streets shall be placed in accordance with city standards. (e) 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. (f) If drainage from a private drive is channeled or directed to a public street, the water shall not be directed over the public sidewalk. (3) Construction Requirements. 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 access purposes shall be inspected by the City Engineer for compliance with city standards and the approved plans in the same manner as is required by the city for public streets. (4) Operation, Maintenance and Reconstruction. The developer of a private drive must submit to the city that portion of the covenants, declarations and/or by-laws of the appropriate property owners association which defines the responsibilities for the operation, maintenance and reconstruction of 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 site plan for the development with the added statement that the city has no obligation to perform or pay for repair and maintenance or any obligation to accept the private drives as public streets. At the time of recording of the plat, the developer shall also record a notice in the Larimer County, Colorado records showing the location of such drive and identifying the property or properties which are burdened with the obligation of operation, maintenance and reconstruction of such drive, and affirming that the city has no such obligation, nor any obligation to accept such drive as a public street or drive. 6 (5) Naming and Addressing. Private drives shall not be named. Addressing of the property shall be from the street from which primary access to the property is taken. (6) Gated Developments. Gated street entryways into residential developments are prohibited in accordance with Section 3.6.3(G). Gated entryways for private drives are also prohibited. Section 3. That Section 5.1.2 of the Land Use Code be amended by the addition of the following definitions: 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 adjacent thereto, which intersects or connects with a public or private street, and where the instrument creating such easement has been recorded in the Office of the Clerk and Recorder of Larimer County, Colorado. 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 only one other street, public or private, and where the instrument creating such easement has been recorded in the Office of the Clerk and Recorder of Latimer County, Colorado. 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. Section 4. That the definition of the term "lot" contained in Section 5.1.2 of the Land Use Code be amended to read as follows: Lot shall mean a designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used, occupied or designed to be occupied by one (1) or more buildings, structures or uses, and which abuts a dedicated right-of-way,private street or private drive,any of which is at least twenty (20) feet wide at all points. Section 5. That the definition of the term "private road easement" contained in Section 5.1.2 of the Land Use Code shall be repealed in its entirety. Section 6. That the"Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,Alleys and Other Public Ways,"dated July 1996,be amended by the addition of a new Section 1.02.14, to read as follows: 7 (5) Naming and Addressing. Private drives shall not be named. Addressing of the property shall be from the street from which primary access to the property is taken. (6) Gated Developments. Gated street entryways into residential developments are prohibited in accordance with Section 3.6.3(G). Gated entryways for private drives are also prohibited. Section 3. That Section 5.1.2 of the Land Use Code be amended by the addition of the following definitions: 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 adjacent thereto, which intersects or connects with a public or private street, and where the instrument creating such easement has been recorded in the Office of the Clerk and Recorder of Larimer County, Colorado. 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 only one other street, public or private, and where the instrument creating such easement has been recorded in the Office of the Clerk and Recorder of Latimer County, Colorado. 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. Section 4. That the definition of the term "lot" contained in Section 5.1.2 of the Land Use Code be amended to read as follows: Lot shall mean a designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used, occupied or designed to be occupied by one (1) or more buildings, structures or uses, and which abuts a dedicated right-of-way,private street or private drive,any of which is at least twenty (20) feet wide at all points. Section 5. That the definition of the term "private road easement" contained in Section 5.1.2 of the Land Use Code shall be repealed in its entirety. Section 6. That the"Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,Alleys and Other Public Ways,"dated July 1996,be amended by the addition of a new Section 1.02.14, to read as follows: 7 1.02.14 Private Streets Private streets that are approved though the land use approval process shall be designed and constructed in accordance with the same standards as public streets. Section 7. That all changes to the Code of the City of Fort Collins,the Land Use Code and the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways,"dated July 1996,caused by reason of this ordinance shall take effect on January 1, 1999. Introduced and considered favorably on first reading and ordered published in summary form this 6th day of October,A.D. 1998,and to be presented for final passage on the 20th day of October, A.D. 1998. or ATTEST: ' e City Clerk Passed and adopted on final reading this 20th day of Octob , A.D 1998. s ayor ATTEST: City Clerk 8 1.02.14 Private Streets Private streets that are approved though the land use approval process shall be designed and constructed in accordance with the same standards as public streets. Section 7. That all changes to the Code of the City of Fort Collins,the Land Use Code and the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways,"dated July 1996,caused by reason of this ordinance shall take effect on January 1, 1999. Introduced and considered favorably on first reading and ordered published in summary form this 6th day of October,A.D. 1998,and to be presented for final passage on the 20th day of October, A.D. 1998. or ATTEST: ' e City Clerk Passed and adopted on final reading this 20th day of Octob , A.D 1998. s ayor ATTEST: City Clerk 8