Item B: Gated Communities - Construction and Maintenance of Private Streets

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Gated Communities - Construction and Maintenance of Private Streets Meeting Date: February 28, 2007 Agenda Item Number: B Department: Public Works Staff Contact: Kurt Corey www.eugene-or.gov Contact Telephone Number: 682-5241 ISSUE STATEMENT This work session item was requested by the council under the title “regulating gated communities.” While the title “regulating gated communities” could encompass a broad number of topics, including public safety access and establishment and enforcement of covenants, conditions and restrictions (CC&Rs), staff believes the interest of the council for this particular work session has to do with the construction and maintenance of private streets. BACKGROUND For many years, residential streets have generally been constructed by private developers in the course of developing subdivisions. These residential streets fall into two categories: 1) privately engineered public improvements, which are constructed privately to public standards and subsequently accepted by the City as public streets that are owned and maintained by the public; and 2) private streets, which are constructed privately and remain in private ownership. Private streets have been the choice of developers who wish to avoid the upfront cost of curb and gutter, sidewalks, and other amenities that typically comprise a full public improvement standard. Additionally, pavements for private streets have historically been constructed to a lesser standard based upon the developer’s assessment of the type and volume of traffic expected to use the street. More recently, the City of Eugene Land Use Code Update (LUCU) has stipulated the restrictions and requirements for creating new private streets. In particular, private streets are now allowed only where there is not a demonstrated public need to establish street connectivity. In addition, pavements constructed for private street improvements must now be built to City standards. Private streets are typically designated with a blue street sign; they may or may not be in a “gated” community. There are presently about 34 miles of private streets within the city of Eugene. Maintenance responsibilities for private streets are commonly spelled out in the CC&Rs for particular developments. These restrictions govern the use of real estate, are usually enforced by a homeowners' association, and are passed along to the new owners as property changes hands. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. The homeowners’ association decides the timing and extent of maintenance of its private improvements. If property is subject to CC&Rs, buyers must be notified before the sale takes place. In Oregon, the CC&Rs are typically attached to the subdivision plat and are also disclosed to the buyer as part of the deed conveyance. L:\CMO\2007 Council Agendas\M070228\S070228B.doc