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HomeMy WebLinkAbout2007-072 Accepting Private Roads to Public Ownership; YMC New Chapter 8.95 ORDINANCE NO. 2007- 72 AN ORDINANCE relating to streets and sidewalks, providing for the City's acquisition of private roads located within the City of Yakima thereby resulting in public ownership of the roads, and enacting Chapter 8 95 entitled "Accepting Private Roads To Public Ownership" as a new Chapter to Title 8 of the City of Yakima Municipal Code WHEREAS, owners of private roads within the City of Yakima from time to time desire to have their private roads relinquished to pubic ownership in order to receive the benefits associated with the City's public street system, including maintenance and upgrading typically provided for public roads by the City; and WHEREAS, the City has determined an equitable method to evaluate the condition of a private roadway to assure the citizens of Yakima that when a private road is acquired by the City, the acquisition will not cause the City undue hardships or result in undue costs to the public; and WHEREAS, the City Council has determined that the acquisition of certain private roads within the City will serve the City's needs and best interests and will also result in better overall condition and consistency among of the roads within the City transportation system, and WHEREAS, the City Council finds and determines that adoption of this ordinance providing a means for the City to acquire private roads for public ownership and use is in the public interest; Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Chapter 8.95, entitled "Accepting Private Roads To Public Ownership" is hereby enacted as a new chapter to Title 8 of the Cit of Yakima Municipal Code, to read as follows. "Sections: 8.95.010 Prior to reviewing owners' request. 8.95.020 Owners' request for public ownership. 8.95.030 City's review 8.95.040 Public ownership of private road. 8.95.010 Prior to reviewing owners' request. Prior to the City taking action on an application from a private property owner /entity that the City acquire ownership of a private street, the City shall require that the applicant demonstrate the existence, to the City's satisfaction, of a legally sufficient document relinquishing ownership of the private road and adjoining property to be included in the application to the City upon the City approving their application. At a minimum, this document must be signed by each property owner, or by a person designated with legal authority to sign on behalf of the property owner(s) or an association if an association has been established for such a purpose. This requirement shall be a prerequisite to the City accepting an application for transfer of ownership 8.95.020 Owners' request for public ownership. In order for the City to evaluate the owners' request, the owners must, at a minimum, supply the City with a completed application for review together with all of the information detailed in the "Private Road Evaluation Form" set forth in this section. The information provided in this document will be further supplemented and verified by City engineering staff Private Road Evaluation Form Name of Road(s) Name of Plat or Legal Description for Street: Existing Street Conditions Pavement Width. Dedicated Right of Way Width' Pavement Depth Surfacing Depth Curb and Gutter Yes No Sidewalks None Both Sides One Side Sidewalk Width. On- Street Parking None Both Sides One Side Street Lights: Yes No Number Signing. Attach a list of all existing street name, regulatory or advisory signs Diameter of Cul- De- Sac(s) Utility Easements Yes No Width Pavement Condition Good Fair Poor Maintenance that has been performed in the last 10 years: Problems during the last 10 years. Access Type of Access Provided Number of Points of Access. Number of Lots: Ability to Construct Additional Access Points (if required) Yes No 1 From As -Built Plans 2 From As -Built Plans or Cores 3 From As -Built Plans or Cores Storm Drainage Method of Discharging Storm Drainage Drywell Drain to Stream Runs off the side of road Other Method of Treatment: Vadose Zone Swale Mechanical Devise None Other If Drywell, Depth to Groundwater Soil Type If Draining to Stream, Name of Stream Provide As Built Plans of Storm Drainage Facility Locations History Describe the original purpose /reason for constructing the street as a Private Road Verified by City Staff: Name Title Date 8.95.030 City's review The City shall review each application by comparing the physical attributes of the existing roadway to the City standards contained in the "Existing City of Yakima Street Standards" set forth in this section. Failure of the private road to meet all of the City's existing street standards will not necessarily mean that the application will be rejected. However, City Council will review each substandard or defective attribute associated with each application to determine whether said defect(s) would be accepted as is, whether the defect(s) must be brought up to acceptable City standards, or whether the City would require a payment from the applicant in an amount sufficient to correct the defective attribute. Existing City of Yakima Street Standards Existing Street Conditions. Required pavement width is 32 feet. Required Right of Way width is 50 feet. Required pavement depth is 2 inches. Required surfacing depth is 6 inches. Curb and gutter is required on both sides of the road Five -foot sidewalks are required on both sides Street lights are required at all intersections and at mid -block for block longer than 500 feet. The minimum cul-de -sac diameter is 65 feet. Utility easements of 8 -feet shall be dedicated along the front of each lot. Access One access point needs to be provided for each 30 lots 4 Can use data from Ecology wells in the general vicinity Storm Drainage The existing storm drainage must provide the treatment specified in the Stormwater Management Manual for Eastern Washington, and must provide capacity for the 10 -year storm 8.95.040 Public ownership of private road. Provided that the City Council approves the application and the required property transfer documentation is legally sufficient, a private road shall become the property of the City, and the City shall, from the effective date of transfer, become responsible to maintain the road in the same manner as the rest of the public roads within the City " Section 2. This ordinance shall be in full force and effect 30 days after is passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNSEL, signed and approved this 1 l"' day of December, 2007 // /4 David Edler, Mayor ATTEST /01—bert-ca-k.)0O City Clerk Publication Date 12/14/07 Effective Date. 1/13/08 Memorandum September 26, 2007 To. Council Transportation Subcommittee From. Brett Sheffield, Chief Engineer Subject: Evaluating Requests to Accept Private Roads as Public Streets Recently, the City has received requests to accept certain private roads as public streets and to assume ownership, maintenance and repair of such facilities This topic was reviewed by the Council Transportation Subcommittee during their May 2007 meeting The committee tasked staff to develop criteria by which to evaluate these and future requests To evaluate a specific request requires a significant amount of data, attached as exhibit A is a draft questionnaire template to be completed by requesting property owners or organizations The information provided in this document will be further supplemented and verified by Engineering staff Exhibit B attached details the current City of Yakima development standards In addition to the criteria noted below, these requirements may also be considered in evaluating private roads to determine the appropriateness of acceptance by the public In evaluating requests to accept private roads as public streets, staff recommends the following minimum requirements • Minimum Pavement Width — a minimum width of 24 -feet, additional width may be required depending on local and industry standards • Parking — On- street parking, if allowed, requires 8' of pavement adjacent to the travel lane A statement of existing parking restrictions shall be included in the evaluation If no on- street parking is permitted on one or both sides of the street, signs shall be in place regarding the restrictions • Minimum Right -of —Way - 50 feet, additional width may be required depending on local and industry standards. • Pavement Condition - The existing pavement needs to be at least in fair condition, and crack sealed prior to acceptance A minimum pavement rating index score of 75 is recommended • Reconstruction - Roadways requiring reconstruction shall meet the minimum pavement and surfacing depths, and workmanship prior to acceptance • Curbs, gutters and storm drainage facilities are required or shall be constructed prior to acceptance • Sidewalks - Sidewalks shall be in good condition and free of cracking, spawling, or uneven joints The presence of sidewalks would depend on the length of road — roads longer than 200 -feet need sidewalk on at least one side of the road, through streets required to have sidewalk on both sides prior to acceptance • Street Lights - while not required, acceptance of existing street lights will be on a case by case basis. If accepted by the City, street lights shall be in good condition and be re- tamped • Cul -de -sac Diameter — a minimum of 65 foot diameter paved area shall be required • A minimum utility easement of 8 -foot in width along the frontage of each property must be in place prior to acceptance • Access — Access points shall be consistent with the City's current development standards • Storm Drainage — existing facilities must be upgraded to provide the minimal treatment required in the Stormwater Management Manual for Eastern Washington, and shall be located within the right -of -way, or easement to the City, and within an area where reconstruction, repair or maintenance will not be burdensome to the City • Signing — A listing of existing street name signs, regulatory and advisory signs The signs in place shall be in good condition and consistent with MUTCD regulations The cost to upgrade or remove signs shall be borne by the petitioners, as determined by the City of Yakima. • Cost of Maintenance — The Public Works Department and Engineering Division shall prepare a fiscal statement on each request to establish projected annual maintenance costs and projected capital needs These represent staffs recommendations as to the criteria and minimum requirements that should be considered in the evaluation of requests for public acceptance of private roads as public streets Staff looks forward to reviewing this document with the committee Exhibit A Private Road Evaluation Form Name of Road(s) Name of Plat or Legal Description for Street: Existing Street Conditions Pavement Width Dedicated Right of Way Width Pavement Depth Surfacing Depth' Curb and Gutter Yes No Sidewalks None Both Sides One Side Sidewalk Width On- Street Parking None Both Sides One Side Street Lights Yes No Number Signing Attach a list of all existing street name, regulatory or advisory signs Diameter of Cul- De- Sac(s) Utility Easements. Yes No Width Pavement Condition Good Fair Poor Maintenance that has been performed in the last 10 years. Problems during the last 10 years Access Type of Access Provided Number of Points of Access Number of Lots Ability to Construct Additional Access Points (if required) Yes No 5 From As -Built Plans 6 From As -Built Plans or Cores 7 From As -Built Plans or Cores Storm Drainage Method of Discharging Storm Drainage Drywell Drain to Stream Runs off the side of road Other Method of Treatment: Vadose Zone Swale Mechanical Devise None Other - If Drywell, Depth to Groundwater Soil Type If Draining to Stream, Name of Stream Provide As Built Plans of Storm Drainage Facility Locations History Describe the original purpose /reason for constructing the street as a Private Road Verified by Staff: Name Title Date 8 Can use data from Ecology wells in the general vicinity Exhibit B Existing City of Yakima Standards Existing Street Conditions. Required pavement width is 32 feet. Required Right of Way width is 50 feet. Required pavement depth is 2 inches Required surfacing depth is 6 inches Curb and gutter is required on both sides of the road Five -foot sidewalks are required on both sides. Street lights are required at all intersections and at mid -block for block longer than 500 feet. The minimum cul -de -sac diameter is 65 feet. Utility easements of 8 -feet shall be dedicated along the front of each lot. Access One access point needs to be provided for each 30 Tots Storm Drainage The existing storm drainage must provide the treatment specified in the Stormwater Management Manual for Eastern Washington, and must provide capacity for the 10 -year storm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. # 28 For Meeting of December 11, 2007 ITEM TITLE: An Ordinance relating to streets and sidewalks, providing for the City's acquisition of private roads located within the City of Yakima thereby resulting in public ownership of the roads. SUBMITTED BY Dave Zabel!, Assistant City Manager CONTACT PERSONITELEPHONE Brett H Sheffield, P E., Chief Engineer 576 -6797 SUMMARY EXPLANATION: Earlier this year, the city received requests to accept certain private roads into public ownership This topic was discussed at the May 2007 Council Transportation Subcommittee meeting, and the subcommittee tasked staff to develop criteria by which to evaluate these and future requests. Staff presented their recommendations to the Council Transportation Subcommittee at the September 26, 2007 meeting. Property owners from one of the subdivisions making the request were present. The subcommittee agreed with what was presented with a few minor changes. The proposed ordinance includes the committee's recommendations. Included in this agenda item is the material that was presented at the September meeting Resolution _ Ordinance XX Contract Other (Specify) Funding Source N/A APPROVED FOR SUBMITTAL. `� City Manager STAFF RECOMMENDATION Adopt the Ordinance BOARD /COMMISSION RECOMMENDATION Council Transportation Committee agreed to present this to the full Council. COUNCIL ACTION. Pass Ordinance