HomeMy WebLinkAbout8C - Private Roads/SubdivisionsrlNN ES0
AGENDA #:
PREPAREO BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
8C
FRANK BOYLES, CITY MANAGER
CONSIDER STATUS OF PRIVATE ROADS UNDER THE TERMS
OF THE SUBDIVISION ORDINANCE
APRIL 18, 1994
The proposed Red Oaks subdivision and the Mark Simpson lot
division, and the anticipated proposals for private roads in at least
three outlots in The Wilds (see attached) have raised issues about
private streets in new plats. The Council should provide direction
on whether or not they believe amendments should be made to the
subdivision ordinance to clarify intent and to reduce problems which
have been experienced with private streets.
Prior Lake Subdivision Ordinance (see attached) contains two
sections dealing with private streets. Section 6-6-2 (I) states
"Private Streets: Private streets shall not be approved nor shall any
public improvements be installed for any private streets unless
approved by the Council. Private streets may be permitted in
planned unit developments." The City Attorney has interpreted the
first sentence to mean that private streets may be approved by the
City Council in virtually any subdivision whether it is a planned unit
development or not. Consequently, private streets could be
requested by any petitioner whether a PUD or conventional
subdivision is being proposed.
The second subdivision ordinance paragraph addressing private
streets is 6-6-4 Lots: (A) which states, "Location: All lots shall have
frontage on a publicly dedicated street or a street that has received
legal status, except that lots in planned unit developments may
have frontage on a private road or street..." Because private roads
may receive legal status through the granting of an easement or by
usage, this provision also tends to. allow private roads for any plat
request.
Private streets are sometimes useful in smaller developments
where it is difficult to conform with public street width standards.
Townhome developments often include private streets as well
because of the need to provide access to many units from a Iow
traffic volume street.
-1-
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
............. T 1' ]
Prior Lake's present private street inventory is the result of annexation and special land
use applications in PUD's. The vast majority of private streets were approved by
township govemment and constructed without standards and then later annexed to
Prior Lake. Although Prior Lake currently does not have construction standards in place
for private streets, the two private streets constructed in the past 15 years were required
to address the City's current design standards.
Problems with private streets are as follows:
Substandard Construction: Poor drainage and premature
breakup of the pavement has turned owners to the City for
maintenance and/or total takeover of the street.
Inadequate Width: This has resulted in on-street parking
problems, snow storage and removal problems, utility
installation, setback problems for structures and sometimes
circulation problems for large emergency and
non-emergency vehicles.
No Responsible Party_: A critical problem with the City's
inherited streets is the lack of homeowners associations to
maintain the streets. An informal neighborhood group is
satisfactory as long as the maintenance cost is Iow and the
street was adequately constructed 'initially. As the
maintenance cost escalates, private street owners realize
that it is beyond their means to resolve the problems. They
to the City and demand a level of service for their private
road comparable to public roads in other neighborhoods
and should receive equivalent service.
Connection of Public and Private Streets: Where a
section of private street connects to public streets (such as,
Louis Stassen's West Edge Estates) the potential for area
traffic to short cut to public streets using private streets is
high. Adjacent residents use this fact to underscore their
argument that the private street should be made public.
Traffic Law Enforcement: Since the streets are private
property the police department is constrained to enforce
only the following: Handicapped parking, D.W.I, reckless
driving and fire lanes if posted. The snowbird ordinance, no
parking, speeding and similar violations may only be
enforced by the private property owner.
ISSUES:
Despite their advantage, private streets may be appropriate in
certain instances. For example: Townhomes with home owners
associations typically are served by private drives. In such
developments it is often difficult to determine where the public
street ends and the private driveway begins. Given town home
development configurations it seems that it would be difficult to
outlaw private streets entirely.
I believe that if Private streets are to be allowed by the Council,
then a number of safeguards should be required:
1. Private streets should be built to the same structural
-2-
T T' ?
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
standards as public streets (i.e., amount of sub-base,
minimum bituminous wear and finish course, curb and
gutter, and storm water drainage system). The same
type of traffic including emergency vehicles, moving
vans, garbage trucks and the like will use the streets.
A prerequisite to authorizing private streets should be a
statement on the homeowner deeds that the street is
private and their responsibility in perpetuity. It is not to
be subject to City takeover.
The developer or Homeowner Association documents
should be required to address how summer and winter
street maintenance will take place and be financed in
perpetuity. A street replacements fund should be
established, for ultimate street reconstruction should be
in fifteen to twenty years.
The private roadway should provide sufficient off street
parking. No parking should be allowed on the street.
The private road should facilitate better buffering of the
project from the public street and create a greater
sense of neighborhood.
Private streets should be limited to conditions that
provide direct land access for local traffic. Only one end
of a private street would be connected to a public street
or a private street may connect a public street in two
places as long as it is the same street.
Council has a number of alternatives:
1. Eliminate private streets altogether by directing
amendments to the existing City Code.
2. Direct the staff to prepare additional clarifying
amendments to the City Code to address the conditions
under which private streets should be allowed.
3. Make no changes to the existing language
Unless the Council wants to have no limit on where and whether
private streets can be installed, some type of subdivision ordinance
changes are necessary. The Council should determine which
ordinance changes it desires and direct the staff to pursue alternate
1 or 2 (above) and provide the staff with direction on the alternate of
their choice. Staff would then research the matter and provide a
more complete list of ordinance amendments for future Council
consideration.
A motion directing the staff to prepare ordinance revisions defined
by the Council.
-3-
6-6-2:
(A)
(B)
(c)
(D)
(E)
(G)
(H)
STREETS:
The arrangement of all streets, coflecto~nd adorlab shall confonTt to the transportation
section of the City of Prior Lake Comprehensive Plan. Excepl for cul-de-sacs, streets
shall connect with existing or dedicated streets and adjoining sulxllvisions or provide for
future connections to adjoining unsubdMded tracts or shall be a reasonable projection of
streets In the nearest subdivision. Streets shall be designed and located in relationship
to existing and planned streets. Such design shall minimize the negative effect on the
environment and on public convenience and safety.
Street width and pavement width shall confon~ to the minimum standards ~nd in Table
I. Final design is dependent upon traffic volume and soil factors. All other design factors
must be in accordance with the 'Public Works Design Manual'.
Local residential streets shall be laid out to conform as much as possible to the
topography, to discourage through traffic, to parmit efficient drainage and utility systems
and to provide a minimum number of necessary streets for convenient and safe access to
Half Streets: Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision and in conformity with other requirements of these
regulations. In those Instances where a half street Is accepted, the other hall must be
dedicated when the adjoining property is subdivided. Any hall street providing access to
a lot shall not receive a bulk[lng permit until the other half of the street has been platted.
Cul-de-sacs: The maximum length of a cul-de-sac shall be five hundred feet (500')
measured along the centerllne from the Intersection of origin to the end of right-of-way. If
the development plan for the overall area calls fOr the extension of the streeL then an
approprlats turn around must be developed. Eyebrow cul-de-sacs shall not be permitted
except under unique circumstances.
Grades: All centerline grades shall be et least 0.5 percent and shall not exceed 10.00
Service Streets: Where a subdivision abuts or contains an existing or planned major
thoroughfare or a railroad right-of-way, the Council may require a street approximately
parallel to and on each side of such dght-of.-way for adequate protection of properties and
to afford separation of through and local traffic.
Reserve Strips: Reserve stdps controlling access to streets shall be prohibited except
under conditions approved by the Council.
(i)
Private Streets: Private streets shall not be approved nor shall any public improvements
be installed for any private street unless approved by the Council. Private streets may be
permitted in Planned Unit Developments.
(J)
(K)
Hardship to Adjoining Property Owners Avoided: The street arrangements shall not be
such as to cause hardship to owners of adjoining property in platting their own land and
providing convenient access to
Intersections: The angle formed by intersections shall be as close to 90 degrees as
possible unless unique circumstances d'~ate a lesser angle. Intersections of mere than
four(4) corners shall be prohibited. Roadways and street Intersections shall have
6-6-4:
LOTS:
(N
Location: All lots shall have frontage on a publicly dedicated street or a street that has
received legal status except that lots in Planned Unit Developments may have frontage
on a private road or street. Frontage on a street shall be measured at the setback line.
(B)
(c)
(D)
(E)
(F)
(G)
(H)
Size: The lot dimensions and areas shall comply with requirements specified in the Prior
Lake Zoning Ordinance.
Side Lot Lines: Side lot lines shall be approximately at right angles to straight street lines
or radial to curved street lines.
Double Frontage Lots: Double frontage lots shall be avoided except where lots back on
an arterial or collector street,
Comer Lots: Comer lots for residential use shall exceed the minimum width and area
requirement for that district by twenty percent (20%).
Wetland or Detention Pond: Any lot abutting or Including a wetland or detention pond
within a Residential Zoning District, shall have one-hundred (100) percent of the
minimum lot size requirement for the zoning district, as identified in the Prior Lake Zoning
Ordinance, outside of the 100-year flood elevation of the wetland or detention pond.
For all ResidentialZoning Districts, the subdivision grading plan shall indiicate a
minimum setback of thirty (30) feet measured from the 100 year flood elevation
of the wetland or detention pond to'the bu~ing pad or house location. (Ord.
94-01).
Lot Remnants: All remnants of lots below minimum size remaining after subdivision of a
larger tract must be added to adjacent lots rather than allowed to remain as unusable
parcels.
Butt Lots: Butt lots in residential districts shall be platted at least twenty percent (20%)
wider than the minimum width for that district.
25