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HomeMy WebLinkAboutCP 216 CIT FO 7WO 9 TEXAS e Il o dLP H 0 COUNCIL PROPOSAL Date File Number Subject Acceptance of the Dedication of Two Private Streets 01/02/01 216 as Public Rights-of-Way Proposed by City Manager's Review Councilwoman Becky Haskin Page -L-of 4 PROPOSAL: It is proposed that the City Council accept the dedication of two private streets, Havenwood Lane South and Putter Drive, as public rights-of-way to provide the citizens in these areas benefits afforded to all tax paying citizens. BACKGROUND: For the last 21 years, citizens residing on two private streets, Havenwood Lane South and Putter Drive, have paid taxes to the City of Fort Worth, just as other homeowners have done. However, since street maintenance and other street related services were not provided on these streets, the citizens have not received benefits equal to those of other homeowners. Recently, in fact, in addition to rendering payment for annual property taxes, the homeowners have also funded some improvements to these streets. As a general rule, when there have been requests for private streets to be dedicated as public rights-of-way, City staff has evaluated these streets. Subsequently, these dedication requests have been denied, unless the particular street met city standards for construction. This criterion was developed to address the variances in the geometric design and pavement condition of private streets in order to avoid the assumption of significant maintenance or replacement costs by the City. DISCUSSION: While recognizing that acceptance of these specific streets would deviate from that general practice, there are several compelling reasons for consideration, as follows: Good Condition of Pavement Based on an assessment by Transportation and Public Works staff(see attached letter), the pavement condition of these streets is good, and staff does not anticipate the need for major maintenance for about five years. ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL CIT FO 7WO , TEXAS i� COUNCIL PROPOSAL Date File Number Subject acceptance of the Dedication of Two Private Streets 01/02/01 216 as Public Rights-of-Way Proposed by City Manager's Review Councilwoman Beck Haskin Page 2 of 4 Existing Curb and Gutters At the same time, curbs, gutters, and drainage systems are in place, negating the need to provide these improvements with City funds. Accessibility These streets are not only accessible to the public, but are used by the public on a regular basis. Code Enforcement Limitations The ability of Code Enforcement to address public nuisances on properties that adjoin private streets is limited and therefore disadvantageous for the property owners. Under state law and local ordinance, the authority of the Code Compliance Division to enforce ordinances is based on the core concept of abating public nuisances. These conditions must have an adverse affect on the general public, and as a result, many code violations are based on the ability to observe them from a public place. There are several examples whereby code enforcement could be hampered due to private streets. To illustrate, a junked motor vehicle observed from a private street would not be considered a violation. Further, the storage of vehicles or the parking of commercial vehicles on residential streets is not limited on private streets, as it is on public rights-of-way. The absence of adjacent rights-of—way on private streets could preclude enforcement efforts to prohibit sight obstructions. Finally, public streets enable Code Enforcement Officers to be proactive in identifying violations (see attached letter from Code Enforcement). Property Valuations Are Equivalent to Those on Public Roads Residents on these private roads pay taxes equivalent to those paid on other residential properties on public roads. Based on information from the Tarrant Appraisal District (see attached letter), there is no special consideration for these particular houses in the valuation process simply because they are on a private road. The value on these homes is calculated using the method for all residential property on public streets and is compared to sales of similar type houses elsewhere to determine the necessity for market adjustments. Further, there is no evidence from past valuations that private ownership of streets influences the valuation. ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL CIT FO 7WO , TEXAS Lri e ❑ C3o COUNCIL PROPOSAL Date File Number Subject Acceptance of the Dedication of Two Private Streets 01/02/01 216 as Public Rights-of-Way Proposed by City Manager's Review Councilwoman Bechy Haskin Page L--of 4 Homeowner's Association Will Provide Continued Maintenance of Open Spaces and Street Lighting Based on a discussion with Parks and Community Services staff, the Homeowner's Association will participate in the "Adopt A Spot" program and continue maintenance of the open spaces. At the same time, the Homeowner's Association will continue to maintain the street lighting. LEGALITY: The Law Department finds that this proposal is legal and within the authority of the City Council. METHOD OF IMPLEMENTATION: Havenwood Lane South and Putter Drive are owned by the abutting properties owners, each of whom has an undivided ownership interest in the street. If the City Council chooses to allow dedication of these two streets, it will be necessary for all owners of property abutting the street to join in filing an application to the Plan Commission to plat the street and to dedicate the platted street to the City. A plat cannot be processed without the unanimous consent of all abutting property owners. FISCAL NOTE: The Finance Director certifies that this action will not have a material effect on the Street Maintenance costs in the current budget year, but will increase the maintenance costs in future budget years. CITY MANAGER'S COMMENT: Acceptance of these two private streets as public rights-of-way is not recommended for the following reasons: Consistent with City policy, private streets that do not meet construction standards for city streets are not accepted as public rights-of-way. Acceptance of these streets deviates from that policy and could set an unwarranted precedent for accepting other private ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL CIT FO WO , TEXAS 1� 0 � 0 o 0 COUNCIL PROPOSAL Date Fie Number Subject Acceptance of the Dedication of Two Private Streets 01/02/01 216 as Public Rights-of-Way Proposed by City Manager's Review Councilwoman Becky Haskin Page' of 4 streets. If these streets are accepted, a clear policy regarding this practice needs to be adopted to provide staff specific criteria for future requests of this nature. While the pavement on these streets is in good condition at the present time, any addition to our inventory of streets will ultimately increase maintenance costs. In addition, there are some unusual design features on both of these particular streets. Specifically, there are on-street parking spaces and landscaped islands. Because of these unusual features, it is anticipated that the long-term maintenance costs will be greater than on streets that meet City standards. When these homes were purchased initially, the homeowners were aware that the residence was on a private street and maintenance and related amenities would not be provided by the City. Further, the streets were not built to current subdivision regulations but rather to a less expensive standard. Therefore, a savings in development costs was accrued either by the developer, or perhaps by the homeowner if the developer chose to pass this savings along to the homeowner in the purchase price. Mayor Council Member, District 6 Council Member, District 2 Council Member, District 7 Council Member, District 3 Council Member, District 8 Council Member, District 4 Council Member, District 9 APPROVED 4ouInc-il Member, Dis rict 5 MYCOUNCIL 0 LEGALITY JAN t ?001 0 FISCAL NOTE 0 CITY MANAGER'S COMMENTS �� 0 CITY POLICIES MANUAL C o Fort wo of < INTEROFFICE CORRESPONDENCE City of Fort Worth Tranvportadoa/Pub11c Works December 14,2000 TO: The Honorable Becky H.askin, City Counclimember District#4 CC: George Behmanesh, Assistant Director FROM: Hugo Malanga, Dlrecuoo SUBJECT: PUTTER DRIVE AND HAVENWOOD S. PAVEMENT CONDITION ASSESSMENT At your request 1 asked my staff to evaluate the pavement condition of these two private streets. The staff assessment is that both streets are in good condition and have been well maintained by the neighborhood. Some recent work has been completed by the neighborhood on the streets that will preclude the need for major maintenance for about five years„ Public acceptance of private streets, in my opinion, Is a significant issue that will require a City Council policy change. HM:ry 4 TO: Becky Haskin, City Councilmember FROM: Paul Bounds, Code Compliance Superitatendent DATE:: December 13, 2000 SUBJECT: Code Enforcement Limitations on Private Streets I have researched your request on the limitations placed on code enforcement activities on adjacent properties by a street being designated a private street. Under state law and local ordinance,the authority of the Code Compliance Division to enforce ordinances is based on the core concept of abating public nuisances. In order for a nuisance to be public: it must have an adverse affect on the general public. Many of our violations are based on the ability to see the violations from a public place. The junked motor vehicle ordinance requires that a junked vehicle be visible from a public place in order to qualify as a public nuisance. Properties that adjoin private versus public streets are therefore placed at a marked disadvantage. Using the example of a junked motor vehicle, a junked vehicle visible from a public street would be a violation whereas the same vehicle visible from a private street would not. Access to public streets allows Code Enforcement Officers to be proactive. Any violation they observe from a public place can be pursued. The same violation observed from a private street could be subject to a probable cause question. Why was the Officer on private property? Should the Officer have acquired a search warrant first?Private streets can therefore be seen as limiting the ability of the Division to be proactive. In addition'to limiting junked motor vehicle enforcement, several other violations are also restricted by private street designations. Storage of vehicles and parking of commercial vehicles on residential streets are limited to public streets. The same activity would not be a violation on a private street. Since there are no adjacent rights-of-way, ordinances that prohibit sight obstructions in rights-of-way could not be enforced. TARRANT APPRAISAL DISTRICT .bM A. MaMatm WOO"WOOPEdengM Road•fat ftM, 18TM 7e1164"S■(e17)1294,0024 90=000 4MOV November 30, 2000 Councilwoman Becky Hasida City of Fort Worth 1000 Twmkmortorl Fort Worth,Texas 76102 'kc: 1t3 dit O bf Havcimwood Golf Villas Addition Dear W Hnaldn: I have been aslted to comment on the valuation of the above referenced addition and any consideration the private roads may have on that valuation. There is no special consideration for the houses in this addition in the valuation pnx as: Like many other subdivisions in Tarrant County, there is an account for the common property owned by the homeowners association or neighborhood association carrying a nornurtal value. A The values on the houses are calculated in the $arae Mnner as houses on public streets. They are compared to comparable sales of similar type houses, houses inside and outside of this addition, to see if any markxt adjustments are necessary. This is the same method used to value all residential property. The o*way this would show up is if a purchaser of property in this addition would pay more or less because of the private ownership of streets for property in this area Over a period of time this ,might slightly influence the price of these properties. This cannot be identified at this time and has not been evident in the past The houses in this addition are valued at the tame value per square foot, by class before Wjusfaents for age, as all other houses, Lot values are influenced by size and factors such as golf course frontage and are valued separately from the improvements, the same as all lot values in the county. In surnmary, there are no value adjustments given to these properties because they ase on a 1rivaft roped• S' rely, ohn R l IRM ram Executive Dirww/Chief Appraiser •c: Mr.En et H. Balch,Jr.