HomeMy WebLinkAbout5557 ORDINANCE NO. 5 5 5 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON AMENDING AUBURN CITY CODE CHAPTER 18.48
ENTITLED "SUPPLEMENTAL DEVELOPMENT STANDARDS" BY ADDING A
NEW AUBURN CITY CODE SECTION 18.48.140 ENTITLED "GATED
RESIDENTIAL SUBDIVISIONS" TO PROVIDE GUIDELINES AND
REQUIREMENTS IN GATED RESIDENTIAL SUBDIVISIONS.
WHEREAS, Chapter 35A.63 RCW entitled "Planning and Zoning in
Code Cities" and RCW 35A.63.100 entitled "Municipal Authority" provides
authority to the municipal legislative authority to implement those actions it
deems appropriate to provide for a zoning ordinance and amendments thereto;
and
WHEREAS, the City desires to add a new Auburn City Code Section
18.48.140 entitled "Gated Residential Subdivisions" contained in Chapter
18.48 entitled "Zoning" to provide a guidelines and requirements for gated
subdivisions, and
WHEREAS, pursuant to Auburn City Code 18.68.030, after proper notice
was published in the City's official newspaper at least ten (10) days prior to the
date of hearing, the Auburn City Planning Commission on May 8, 2001 conducted
a public hearing on the proposed zoning code text amendments; and
O~inance No. 5557
May 25,2001
Page 1
WHEREAS, thereafter the Auburn City Planning Commission then
recommended approval of the zoning code text amendment to the City Council;
and
WHEREAS, thereafter the Auburn City Council directed staff to prepare
an ordinance approving the proposed text amendment; and
WHEREAS, this ordinance does not have an adverse environmental effect;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Adoption, Auburn City Code Chapter 18.48 "Supplemental
Development Standards" is hereby amended by adding a new Section 18.48.140
entitled "Gated Residential Subdivisions" as set forth in Exhibit "A" attached hereto
and incorporated by this reference.
Section 2. Severability. If any section, subsection, clause, phrase or
sentence of this Ordinance is for any reason held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the validity or constitutionality
of the remaining portions of this Ordinance, as it is being expressly declared that
this Ordinance and each section, subsection, clause, phrase or sentence hereof
would have been prepared, adopted and approved and ratified irrespective of the
fact that any one or more section, subsection clause, phrase or sentence be
declared invalid or unconstitutional.
O~inance No. 5557
May 25,2001
Page 2
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: J~e 4, 2001
PASSED: J~e 4, 2001
June 4, 2001
APPROVED:
CHARLES A. BOOTH MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
ROVED AS T~ FORM:
Michael J. Reynolds,--'
Ordinance No. 5557
May 25, 2001
Page 3
NEW SECTION
18.48.140 Gated Residential Subdivisions
The street(s) within a residential subdivision may be allowed to be gated pursuant to the
following:
A. Gated streets cannot adversely affect the automobile or pedestrian traffic of an
exisling or future neighborhood. This will be determined by 1 ) The use of gated streets
would not cause discontinuity in the existing or proposed public street system (i.e. street
layout) including pedestrian traffic; 2) cannot preclude public street access to other
properties; and 3) The use of gated streets wouldn't distribute an unacceptable
amount of traffic through an existing or future neighborhood than would otherwise
result if through public slreets were used.
B. Gated residential subdivisions of more than four (4) lots can only be permitted as
part of the plat process pursuant to Chapter 17.06 of the Land Division Ordinance.
Existing plats, proposed to be gated, must go through a plat alteration process pursuant
to chapter 17.22 of the Land Division Ordinance as well as meet all the requirements of
this section. Short plats, proposed or existing, need only meet the requirements of
section 18.48.140(F) in order to be gated if a private street serves all lots.
C. The gated streets are to be privately owned and maintained. The private streets
must however meet the same design, construction, and public facility extension
standards required of public streets, including approval of the construction by the City.
Private streets are only allowed to serve more than 6 lots if part of a gated residential
subdivision.
D. A legally incorporated property owners association must be established and
assume the responsibility and cost to repair and maintain the proposed private street(s)
and gate(s). The property owners must also agree to maintain a policy of liability
insurance in a minimum amount of $1,000,000 of which the City is named an insured to
protect the City from any claims that may result from the property owners utilization of a
gated roadway, including but not limited to malfunctions of the gate.
If the association fails to maintain the street(s) the by-laws of the association must
give the City the right to maintain the streel(s) and charge the cost of the
maintenance, including any administrative costs to the association members.
The by-laws establishing the association must state that it future owners should
request the private street(s) be changed to public then the owners fully agree that
before the acceptance of such streets, by the City, the owners will bear the full expense
of reconstruction or any other action necessary to make the streets substanlially
consistent with the requirements of public streets, applicable at the time.
If at any time the private streets are converted to public streets then the gate(s)
shall be removed.
E. At the time of application for a preliminary plat or plat alteration the applicant
shall address and provide evidence that those items as required in section 18.48.140 (A,
B, C, D, & F) have been fulfilled. A preliminary plat or plat alteration shall not be
approved unless it is found to meet the requirements of section 18.48.140.
F. Design standards for all entry gates to residential developments including
residential subdivisions, apartment complexes, condominiums, and mobile home parks.
1. A vehicle turnaround, turnout or similar mechanism shall be provided in front of
the gate. The entrance to the proposed gate shall be designed and stamped by a
licensed registered traffic engineer and shall allow for a safe turn around for vehicles in
front of the gate in cases where the vehicle is denied entry. The design for the gated
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entrance shall consider the abutting public roadway alignment and grade, sight
distance, posted speeds and other traffic engineering criteria relevant to designing the
particular gated entrance. The proposal shall be reviewed for approval by the City
Engineer.
2. Gate construction shall be of wrought iron or similar material approved by the
Planning Director and be constructed in such a manner to allow for viewing of
obstructions located within the swing path of the gate. The swing path of the gate shall
be away from or parallel with the vehicle approaching the gate. The gate and
accessory equipment shall be coated to prevent corrosion.
3. If the entry gate(s) obstructs access to solid waste collection, public water, sewer,
or storm water utilities owned and maintained by the City, then a Property Owner or
Home Owner's Association will be responsible for assuring that 24-hour access is
provided to the City. The City's Public Works Director shall determine a specified
number of activation keys, activation devices or receive the access code to the gate
which shall be distributed to the appropriate City departments. If the access method to
the gate is subsequently modified then the Property Owner or Home Owner's
Association shall notify the Public Works Director and again provide to the Public Works
Director a specified number of activation keys, activation devices or the access code
to the gate which shall be distributed to the appropriate City departments.
4. Emergency access provisions - Gates shall have rapid entry key capabilities as
approved by the Fire Marshal. The gate shall provide for twenty (20} feet of clear
passage for emergency access with a minimum clear heighl of not less than 16 feet 6
inches in accordance with WSDOT Design Manual Section 1120.04 "Bridge Site Design
Elements" paragraph 5(a) 1. Electrically operated gates shall have the capability to
automatically default to the unlocked (open) position in the event of a power outage.
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