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7.1. SR 06-18-2007
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7.1. SR 06-18-2007
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<br />drives that lead from the private roads to the individual driveways. Mr. Hals estimates that those would <br />double the private road mileage in townhome developments from 3.7 to over seven miles. Mr. Hals' <br />memo provides estimates for other costs including $15,000 per mile for seal coating and $200,000 per <br />mile for an overlay. <br /> <br />Second, because these roads were not constructed as city streets, they often do not have sidewalks, access <br />points do not meet city guidelines, and they are built to different standards than city streets. They are not <br />as wide, do not have the same design and construction standards, and were not inspected by city staff <br />during construction to ensure quality construction. Therefore, some of the private roads may have <br />substandard construction which would require more maintenance and possibly reconstruction earlier than <br />normal. Some of the townhome developments are now at a point where the roads are nearing the end of <br />their useful lives and will require more than just on going maintenance. <br /> <br />One of the biggest variances from city standards is the width of these private roads; they are not as wide <br />as city streets. At the time of development, the developers requested that the roads be private so that <br />they could be narrower and not be required to meet access point standards. This allowed the developers <br />to increase the density of the development. The City agreed with these requests on the condition that the <br />associations include maintenance of the streets in the association documents and that they collect <br />adequate funds through the association fees to maintain the roads. This put all property owners on <br />notice that they were living on private roads that were the association's responsibility to maintain. <br /> <br />Further, parking will be an issue because of the nature of parking needs in townhome developments and <br />the streets not being built to standards that allow for parking. If these private roads become city streets, <br />they will be subject to city parking regulations including snow plowing parking restrictions. Areas that <br />currently allow parking may need to be signed for no parking because of emergency vehicle access or <br />other safety concerns. Ims may be a problem in areas where there is limited off-street parking. <br /> <br />Third, in order for the City to take over the private roads, ownership of the property under the street plus <br />additional right-of-way on either side of the street would need to be conveyed to the city. The typical <br />right-of-way for a minor street is 60 feet. Most of the townhome streets are around 22 to 26 feet wide <br />with no right-of-way outside of the street; this 38 to 34 feet less than what the City typically requires for <br />public streets in a residential area. If property owners are not willing to give additional right-of-way, the <br />City would not be able to accept the streets. This additional right-of-way requirement would create lots <br />that do not conform with our zoning requirements which is another issue that would need to be <br />addressed. <br /> <br />In conclusion, when property owners purchased property on these private roads in townhome <br />developments, they would have been made aware through the association documents that they were <br />buying property on a private road and that they would be required to bear the cost for maintaining and <br />iroproving the roads. The commercial properties on private roads are siruilar to townhomes in that there <br />is an association type of arrangement where fees are collected and maintenance of the common property <br />is done through the association or management company. The request that the City now take over those <br />private roads is more complex than it seems. The cost to take over the approximately seven miles <br />(excluding drives in townhome developments) of private roads is substantial with no additional revenue <br />source to fund the added expense, the standards to which they were built are far below City requirements, <br />land for the streets and associated right-of-way must be freely conveyed to the City, and parking, zoning, <br />and other related issues would need to be addressed. For those reasons listed above, staff recommends <br />that the City not take over existing private roads. If the Council does want to take over these roads, an <br /> <br />S:\Counci1\Lori\2007\Private Roads decision requested 06 18 07.doc <br />
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