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HomeMy Public PortalAboutORD13986 i BILL NO. 2005-120 SUBSTITUTE SPONSORED BY COUNCILMAN /-BROWN G r� ORDINANCE NO. 1.3 l d Z? AN ORDINANCE OF THE CITY OF4JEFFERSON, MISSOURI, AMENDING CHAPTER 35, ZONING CODE TEXTAND CHAPTER;9,SUBDIVISION CODE TEXT PERTAINING TO PRIVATE STREETS AND GATED COMMUNITIES. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 35-50. Lots and blocks, is hereby amended as follows: (1) To Section 35-50.C. add the following: 1. Street Access.All lots or parcels shall have frontage upon a dedicated public street acceptable to the City or, upon approval of a planned unit development, a private street, if approved by the City. 2. Gated Entrances.All gated entrances across private streets or drives which serve more than one dwelling unit shall comply with the applicable City requirements. • Section 2. Section 33-2. Definitions, is hereby amended by adding the following: Gated Community.A residential development containing two or more dwelling units where vehicular access is restricted to property owners and other authorized persons by a moveable gate. Private Drive. A driveway not dedicated for public use designed to provide vehicular access from a public or private street to one or more lots or parcels under single ownership. Private Street. A roadway not dedicated for public use and maintenance designed to provide vehicular access to two or more lots or parcels under separate ownership. Section 3. Section 33-10. Street and alleys; general provisions is hereby amended as follows: (1) Section 33-103 is amended as follows: Each lot shall front upon a publicly dedicated street acceptable by the City or, upon approval of a planned unit development,a private street,If approved by the City.The number of late, each ev;09'rilmg art area of more than three (3)acres, shm* be limited In any a;te subdivislom and may be approved by the "CI.APTF-K2 33 " t 2005.120 Subs0lute • ��"' ��• Page 1 • Section 4. Section 33-11. Streets and alleys; rights-of-way, design is hereby amended as follows: (1) To Section 33-11.1 add the following: A. Purpose and Applicability. This section establishes the requirements for the approval, construction, maintenance and operation of private streets Including gated entrances across private streets or drives.All private streets and gated entrances shall adhere tothese requirements whether the subdivision or development is new or existing if the private street or gated entrance serves more than one residential dwelling unit. B. Eligibility Criteria. Private streets shall only be permitted when they satisfy all of the following criteria and conditions: 1. Private streets shall only be allowed in an approved planned unit development containing not more than 50 residential dwelling units; 2. Private streets shall not cross or interfere with an existing or future collector or arterial street shown on the City's Major Thoroughfare Plan; 3. Private streets shall serve an area generally Isolated by natural barriers (e.g., creeks, flood plains, steep bluffs) or man-made barriers (e.g., golf course, cemetery or park); • 4. Private streets shall not provide the only means of access to public streets from an adjacent development or undeveloped land not served by the private streets; 5. Private streets shall not cross or interfere with an existing or future public pedestrian pathway, greenway trail or park as shown on the City's Parks & Recreation Master Plan. C. Property Association Required.All developments with private streets shall have a mandatory property (homeowners) association which Includes all property served by the private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents must establish a reserve fund for the maintenance of streets and other improvements. The association documents shall be reviewed and approved by the City Counselor to ensure that they conform to this and other applicable City regulations. The documents shall be filed of record in conjunction with recording of the final plat. Property deeds must convey membership in the association, and must provide for the payment of dues and assessments required by the association. The association may not be dissolved and no portion of the association documents pertaining to the maintenance of private streets, and assessments therefore, may be amended without the written consent of the City. • 2005.120 Substitute Page 2 • D. Private Street Designation.Private streets shall be constructed within a separate tract of land designated as common area and owned by the property owners association. This tract must conform to the City's standards for public street rights-of-way. An easement covering the entire street tract shall be granted to the City providing unrestricted use of the property for construction and maintenance of public utilities.This right shall also extend to all public utility providers and public telecom companies operating within the City. The easement shall also grant the City the right of access to provide any governmental service or function,including but not limited to,fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the street tract that may impair emergency access. E. Construction and Maintenance. All private streets shall be designed and constructed in accordance with the City's improvement standards for publicly dedicated streets.The City shall not pay for any portion of the cost of constructing or maintaining a private street. The property association documents shall give the City the right to inspect private streets and require any repairs at the sole expense of the association necessary to ensure efficient emergency access and/or to protect the health,safety,and welfare of the residents.After giving written notice, • the City shall also have the right to perform such repairs and place a lien upon the lots within the association to recover the cost thereof. F. Infrastructure/Utilities. All storm sewer facilities, sidewalks, street lights, and traffic control devices (e.g., stop signs) placed within the private street tract shall be installed to City standards and maintained by the property association. Utilities (e.g., electric, gas, telephone, cable TV, water, and sanitary sewer lines) installed to established standards in proper dedicated public utility easements may be accepted and maintained by the respective utility provider. G. Plans and Inspections.Developments with privatestreets must include the same plans and engineering information required for public streets, sidewalks, and sanitary and storm sewers. City requirements pertaining to the review, inspection and approval of these improvements,as well as fees charged for these services, shall apply equally as if they were public facilities. H. Signage. The entrances to all private streets must be clearly marked with a sign,placed in a prominent and visible location,stating thatthe streets within the subdivision are private, and that they are not maintained by the City. • 2005.120 Substitute Page 3 • I. Gated Private Streets. The City Council shall have sole discretion to determine when a gate may be permitted across any private street or drive and whether to grant any variance from the provisions of this section. The City Council may deny the creation of any gated private street if, In their sole judgment,the gate would adversely affect traffic circulation on public streets, impair access to the subject or adjacent property; impair access to or from public facilities including schools or parks; or cause possible delays in the response time of emergency vehicles. Approval of the gate or variance shall be by approval of a preliminary plat or PUD site plan for a new development, or the passage of a resolution when the subdivision or development pre- exists the request for a gate. J. Access Control Gate Standards. All gates across private streets or drives must meet the requirements and standards established by the Director of Community Development as well as applicable building,fire and other City Codes. Only gates that swing open horizontally in the direction of travel or slide open perpendicular to the direction of travel will be permitted. The Installation shall be completed and tested prior to Issuance of any occupancy permits.All access control gates must be manned twenty-four(24) hours every day, or they must provide an automatic access system, approved by the City. (ft; 6HekgEnter) • allowing quick access to the development by 911 emergency vehicles ., . The Cif shall have the right to designate the type of automatic access system which it deems to be appropriate. A reliable mechanical or electronic gate opening device shall also be Installed to allow efficient access by other public service providers (e.g., postal carriers, utility companies, building Inspectors,etc.).If the association falls to maintain reliable access as required herein, the City may remove any gate or device which Is a barrier to access at the sole expense of the property association.The association documents shall contain provisions in conformity with this Section which may not be amended without the written consent of the City Council. K. Entrance Design Standards. Any private street with restricted access must have a minimum pavement width of twenty-four (24) feet at the location of the access control gate. If the entrance Incorporates a median orguard house which necessitates a divided arrangement,the pavement width of each lane shall not be less than fourteen (14)feet. If an overhead barrier is used, it must be a minimum of thirteen and one-half (13.5) feet in height above the road surface. A turn-around space must be located in front of any gated access entrance to allow vehicles denied access to safely exit onto public streets without having to back up into the street.The design of such turn-around shall • 2005.120 Substllule Page 4 • accommodate smooth, single-motion U-turn movements by large passenger vehicles (e.g., vans, pick-up trucks, etc.); passenger vehicles with short trailers (e.g., small flatbed, or box-type moving trailers); and the types of service vehicles that typically visit or make deliveries to residential developments (e.g., utility vehicles, parcel delivery trucks, two to three-axle trucks used by contractors and moving companies). The design of all proposed entrances, including sidewalk connections, gate houses, and entrance lights, must be submitted for review by the Planning and Zoning Commission along with the construction plans forthe subdivision,and must be approved by the City Council along with approval of the final plat. L. Waiver of Services. The subdivision final plat, property deeds and property association documents shall note that certain City services shall not be provided on private streets.Among the services which will not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and access limitations, other services may not be provided. M. Petition to Convert to Public Streets. The property association documents shall allow the association to petition the City to accept • private streets and any associated facilities(e.g.,storm sewers,street lights,traffic control devices)as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership.However,in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and associated facilities and to assess the property owners for the expense of needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association's expense, the removal of any guard houses, access control devices, landscaping and/or other aesthetic amenities located within the street tract. The association documents shall grant the City the right to provide such removal and assessment. Those portions of the association documents pertaining to the subject matter contained in this Section shall not be amended without the written consent of the City. N. Hold Harmless. The property owners association, as owner of the private streets and appurtenances,and the individual lot owners shall agree to release, Indemnify, defend and hold harmless from liability Imposed by law, the City, any other governmental entity, and any medical services provider or public utility entity for damages and • 2005.120 Substitute Page 5 • Injury(including death), arising from the existence, condition or use of private streets or restricted access gate across private streets by the City, governmental entity, medical services provider or public utility entity. The indemnifications contained in this paragraph apply regardless of whether or not such damages and injury (including death) are caused by the negligent act or omission of the city, governmental entity, medical services provider or public utility. The above language shall be contained in the recorded final plat, property deeds and the deed restrictions and covenants and shall run with the land and shall not be altered without the written consent of the City. Section 5. Sec. 33 -12. Lot identification is hereby amended as follows: (1) Section 33-12.0 is amended as follows: The size and width of lots shall meet the minimum requirements of the Zoning Ordinance for the area being subdivided and the side lot lines lets shall be arranged at right angles to street lines or radial to curved street lines,and shall front on a dedicated public or an approved private street. All lots shall have at least 35 feet of street frontage. Section 6. This ordinance shall be in full force and effect from and after Its passage and approval. Passed: Aw ,, /1 0AI,?2j Approved: -/ 2?— OS Pres ding. fficer �I.ayTOr ,A-TT ST: APP EI) S O FORM: City Clerk City Counselor • 2005.120 Substitute Page 6 PUBLIC HEARING NOTICE • Text Amendment to Chapter 35, Zoning Code Text Amendments to Chapter 33, Subdivision Code The City Council of the City of Jefferson, Missouri,will hold a public hearing on Monday,December 19, 2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street,to consider amendments to the text of Chapter 35,Zoning Code and Chapter 33, Subdivision Code. The purpose of the public hearing is to consider proposed amendments which would establish procedures and standards regarding how private streets and gated entrances would be designed, constructed and maintained. The complete text amendments are on file as Case Nos. P05058 and P05059 and are available for inspection during regular business hours at the Department of Community Development, Planning Division, Room 120, John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. Phyllis Powell, City Clerk City of Jefferson, Missouri P.T.: Friday, December 2, 2005 Department of Community Development 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone(573)634-6475 Fax(573)634-6457 • s • STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION NOYIEMIJER If), 2005 FCASSI!J, NOs. 1105058 and 1105059 ed regulations for Private Streets and Gracd Communities. round y M, 2005, staff presented a report to the Planning and lolling Commission rcv,Mint private sircels and gated communities.This report was precipitated by a request from Lanny Lewis who would like to develop a section of the Schepker Dann Development with a private street and gated cntimnce. The above referenced report identi fled sonic of the reasons why gated conmmunif ies appeal to certain segatents of the residential real estate market(provides control of the physical environment,creates social and economic exclusivity, enhances property values, and potentially reduces criminal activity). The report also identified some of the potential problems which could result from the development of gated communities (social and economic segregation, lack of neighborhood connectivity,and creation of barriers to emergency services). Following a brief discussion of the concept,the Commission expressed a general sentiment supportive ofstaff proceeding with draRing regulations addressing this new development concept. On October 13,2005,staff presented a draft oflhe proposed zoning and subdivision code amendments to the Planning and Zoning Commission. Following discussion, the Commission directed staff to advertise the proposed amendments for a public hearing at the November 10,2005 meeting. • During discussion on October 13,a question was raised about some inconsistent wording in See.33-11.113.1. regarding the maximum number of dwelling units allowed with private streets. The earlier draft referenced both Planned Unit Development and standard zoning districts such as RS-I Single-Family, RD'fwo-Family and ILA-2 Multi-gamily.The wording has been revised to remove the reference to standard zoning districts and now only mentions Planned Unit Development. Staff sees a PUD as the mechanism for Commission review and City Council approval of individual requests forprivate street developments and gated entrances.A PUD provides the Council with more discretion in approving private streets,allows the Council Ingrain variances to zoning and subdivision standards,provides the authority to attach conditions ofapproval which may be needed to address unforeseen issues, and requires a public hearing and notice to adjacent property owners. These advantages would be lost under standard zoning designations and the ability to install private streets would become more of development light with only linnited public review. Proposed Amendments Attached are the proposed amendments to the Zoning Ordinance and Subdivision Regulations. The amendments establish procedures and standards regarding how private streets and gated entrances would be designed, constructed and maintained. Staff Reconunendatlon Approve the proposed amendments with any changes deemed necessary or appropriate. • PLANNING AND ZONING COMMISSION CORRESPONDENCE RECEIVED • Case No. P05058 Zoning Text Amendments (1) Street Access (2) Gated Entrances Case No. P05059 Subdivision Code Amendments Gated Community, Private Drive & Private Street November 10, 2005 Sender Senders How Date Address Received Received Don Knoth, Postmaster Jefferson City, MO Email 11/09/2005 U.S. Postal Service • Janice McMillanlJeffCity To astratman@joffcitymo.org lfte 11/10/2005 09:00 AM cc • bcc Subject Fw:Gated Subdivisions "Knolh,nonnld A-,IF.FFPRSON CI'1'1',810" To<JMChIll.LANtot IiF11CITYAI0.0RG> <O a n a l d.A.Knot Idol u s p s.g o v> cc"Forsce,Eddie 1.-Jefferson City,h10" 11/0912005 1 5:01 <cddic.l.forscc g usps.gov> bee SubJcnGatcd Subdivisions •. Janice, Thank you for allowing me the opportunity to review the dratted revisions to the subdivision and zoning codes that would allow gated developments and private streets. One of my assumption is that the Postal Service would have the same casement rights as the public utilities. On public streets the Postal Service has had casement rights but on private streets I am unsure if that is still true. Easements sometimes becomes an issue with the placement of curblinc mailboxes with customers and the Postal Service. It would also be good to require the developer to consult with the Postal Service in the very early stages in the development of the subdivision about mail delivery options tbat are available. This type of consultation would be beneficial for the developer, the future residents, and the Postal Service, Something that a developer may not be aware of is in Section J Access Control Gate Standards, it states " A reliable mechanical or electronic gate opening device shall also be installed to allow efficient access by other public service providers (c.g postal carriers, ..,.)", The Postal Service would require a key keeper to be installed if a key or all access card were needed for entry past the gates. This is a box for which we furnish a lock for. The key for the gate is placed in this compartment. Daily the carrier will open the compartment with the arrow key, remove the gate • key, open the gate, close and lock it, upon return from delivering the area, open the gate, close and lock it, and place the kcy back in the compartment. • Please let me know ifyou have any questions or if I can be of fuiKhcr assistance in [lie future. Don Knoth Postmaster Jefferson City MO 65101 I • •