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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 2 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. 3