Loading...
2022-003 Vista del Arroyo StreetlightsJanuary 7, 2022 Report No. 2022-003 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Citizen inquiry regarding streetlights in Vista del Arroyo Subdivision EXECUTIVE SUMMARY: On December 31, 2021, Ms. Terry Harwell contacted DME inquiring as to why the Vista del Arroyo Subdivision currently has no streetlights. DISCUSSION: Per the plat filed with Denton County, Vista del Arroyo Subdivision was approved by the City of Denton Planning & Zoning (P&Z) Commission on April 8, 2015. At the time of final approval, the development would have to adhere to the rules and regulations/requirements of the December 5, 2014, Supplement 9 Denton Development Code (2002 DDC). Vista del Arroyo has a single road and is considered a “gated community” based on its single roadway classification. This roadway, Solana Circle, as indicated on the final plat filed in Denton County is identified as “Public Access, Fire Lane, & Utility Easement.” This language provides for the classification of the roadway as private – not owned or maintained by the City of Denton. There is no “gate” restricting access to the development. However, the roadway classification is consistent with other similar developments and the classification as a gated community or in simple terms a private development. Requirements from the December 5, 2014 Supplement 9 DDC: Subsection 35.16.21 Gated Community Requirements Section C Street Lighting 1. Street lighting on private streets is required to meet the design standards of the City and shall be installed and maintained by the HOA at no cost to the City. 2. Luminaries, fixtures, poles, foundations, conduit, wiring, appurtenances, and any other ancillary items associated with street lighting shall be owned, operated, and maintained by the HOA. All energy costs will be metered and invoiced to the HOA under the appropriate rate schedule. The HOA shall be solely responsible to obtain and pay for power needed to illuminate street lighting. Section H Homeowners Association Required 1. A Homeowners Association (HOA) is required to be established. Documents establishing the HOA must be submitted as a part of the Final Plat application providing January 7, 2022 Report No. 2022-003 for the maintenance, repair, and/or replacement obligations of the HOA for private roads, alleys, gates, fences, street lighting, drainage items and/or other like held facilities and/or common areas, their appurtenances and/or other associated ancillary items and improvements, shall be incorporated into the Final Plat. The current DDC (adopted November 18, 2021) has the following requirements: Subsection 8.3.6 Gated Community states a gated community may be approved only through the planned development (PD) procedures in Subsection 2.47.3, Rezone to a Planned Development (PD) District. Section F Street Lighting 1. Street lighting on private streets is required to meet the design standards of the city and shall be installed and maintained by the HOA at no cost to the city. 2. Luminaries, fixtures, poles, foundations, conduit wiring, appurtenances, and any other ancillary items associated with street lighting shall be owned, operated, and maintained by the HOA. 3. All energy costs will be metered and invoiced to the HOA under the appropriate rate schedule. 4. The HOA shall be solely responsible to obtain and pay for power needed to illuminate street lighting. There is minimal change to the language of the responsible party to install streetlights in private or gated communities. Section J Homeowners Association (HOA) Required Documents establishing the HOA shall be submitted as part of the final plat application, providing for the maintenance, repair and/or replacement obligations of the HOA for private roads, alleys, gates, fences, street lighting, drainage items and/or other like held facilities and/or common areas, their appurtenance and/or other associated ancillary items and improvements, shall be incorporated into the final plat. There is minimal change to the requirement for the establishment of a HOA. CONCLUSION: Based on historic and current DDC requirements for a development of this classification and platted information, it appears the HOA of the development is responsible for the installation of street lighting in the development. DME can work with the HOA to identify a point of delivery for their street lighting system. Please note Vista del Arroyo is in a single certified area to DME and January 7, 2022 Report No. 2022-003 based on the new line extension policy, the HOA will be responsible for paying 100% of any line extension cost. STAFF CONTACT: Jerry Fielder, P.E., Engineering Division Manager, Denton Municipal Electric REQUESTOR: Staff Initiated PARTICIPATING DEPARTMENTS: DME Development Services STAFF TIME TO COMPLETE REPORT: 3 hours