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HomeMy WebLinkAboutOrdinances - 2021-06 - Amending chapter 12.53 of the EWMC regarding driveway and access easements. - 3/16/2021City of East Wenatchee Ordinance 2021-06 Page 1 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Ordinance No. 2021-06 An Ordinance of the City of East Wenatchee amending chapter 12.53 of the East Wenatchee Municipal Code regarding driveways and access easements, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica el capítulo 12.53 del Código Municipal de East Wenatchee con respecto a las entradas para vehículos y servidumbres de acceso, que contiene una cláusula de divisibilidad y establece una fecha de vigencia. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 2.2. 2.2. On December 7, 2020 the proposed amendments were transmitted to the Washington State Department of Commerce (Commerce) for the required 60-day review required by RCW 36.70A.106. The comment period ended on February 5, 2021. No comments from state agencies were received. 2.3. On February 23, 2021, the East Wenatchee Planning Commission held an open-record public hearing and voted unanimously (6-0) to recommend that the City Council adopt the proposed East Wenatchee Municipal Code amendments and remanded the proposed amendments to the Greater East Wenatchee Urban Growth Area Design Standards & Guidelines back to staff for additional work. City of East Wenatchee Ordinance 2021-06 Page 2 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Amendment 1. The City Council amends chapter 12.53 of the East Wenatchee Municipal Code as set forth in Exhibit A to this Ordinance. 5. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals stated above as well as the findings of fact and conclusion of law as set forth below. 5.1. FINDINGS OF FACT 5.1.1. Amendments are proposed for the following EWMC chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, and 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. 5.1.2. The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the community’s preferred future and contains goals and policies pertaining to the proposed amendments. 5.1.3. The Planning Commission held workshops on August 25, 2020 and October 27, 2020. 5.1.4. The proposed amendments have been posted on the City’s website since December 2020. 5.1.5. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance (DNS) was issued on December 4, 2020. The comment period ended on December 29, 2020. 5.1.6. The DNS was published in the Wenatchee World on December 10, 2020. 5.1.7. The proposed amendments were transmitted to Douglas County Land Services, Douglas County PUD, Douglas County Sewer District, East Wenatchee Water District, Washington State Department of Transportation, and the City of Wenatchee. City of East Wenatchee Ordinance 2021-06 Page 3 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Comments submitted were considered in the final draft of the proposed amendments. 5.1.8. Advertisement of the Planning Commission’s public hearing was published in The Wenatchee World on February 11, 2021. 5.1.9. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on February 23, 2021. 5.1.10. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 5.2. CONCLUSIONS 5.2.1. The proposal is consistent with and implements goals and policies in the Greater East Wenatchee Area Comprehensive Plan. 5.2.2. Approval of the proposal will not be detrimental to the public health, safety, and general welfare. 5.2.3. Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community and state agencies were given the opportunity to comment on the proposal at duly noticed public workshops and a public hearing. 5.2.4. It is the determination of the lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is that an environmental impact statement is not required to be prepared for this project. 5.2.5. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 5.2.6. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 6. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 7. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. City of East Wenatchee Ordinance 2021-06 Page 6 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Exhibit A Chapter 12.53 DRIVEWAYS, ACCESS EASEMENT, PEDESTRIAN FACILITIES, WALKS AND TRAILS Sections: 12.53.010 Driveways and access easement. 12.53.020 Pedestrian facilities (urban areas). 12.53.030 Walkways, bikeways and trails. 12.53.040 School access. 12.53.050 Alleys. 12.53.010 Driveways and access easement. A. General. 1. Dimensions, slopes and details for all driveway and access easements connecting to a city street shall be as indicated on Figure 4-1 in EWMC 12.60.010. Driveways entering streets with curb and gutter shall meet the requirements contained within WSDOT Standard Plans as approved by the city engineer. 2. All new or revised driveways and accesses onto a city street (including temporary or construction accesses) require approval from the city engineer in accordance with the provisions of this chapter. B. Conditions for Approval of New Driveways and Access Easements. 1. Driveways directly providing access onto arterials and collectors shall be denied if alternate access is available. Access onto arterials and collectors may be permitted where no other alternative is available and is approved by the city engineer. 2. Where property has frontage on more than one street, driveways and accesses shall be limited to the lowest volume street. 3. Circular driveways shall have a minimum separation of 100 feet unless the lot width is insufficient to accommodate the 100-foot separation and the shorter distance is supported by an analysis prepared by a licensed engineer and approved by the city engineer demonstrating that the two access points are necessary and will not adversely impact traffic flow and circulation on the connecting street. 4. Driveways and access easements should be located at the greatest distance possible from an intersection of two streets. Driveways and access easements should not be located closer than 125 feet from the nearest edge of the intersection as measured from the closest point of the driveway edge when either intersecting street is an arterial or collector and 75 feet when the streets are both local access streets. The city engineer may issue a permit for a driveway or access easement not meeting city location and spacing criteria standards if a conforming connection is not attainable at the time of the permit application City of East Wenatchee Ordinance 2021-06 Page 7 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) submittal and denial would leave the property without a reasonable means of connection to the street system. The city engineer may require the applicant to provide a traffic impact analysis to support the request for a nonconforming driveway or access easement. Nonconforming driveway or access easement permits shall specify conditions or limits including, but not limited to, the following: a. Joint Use Connection. The city may issue a driveway or access easement connection permit requiring a legally enforceable joint use driveway when determined by the city engineer to be in the best interest of the city in maintaining the operational efficiency and safety of the street. b. Traffic Volume. The maximum vehicular usage of the connection shall be specified in the permit. c. Future Alternate Access. The permit shall specify that a conforming connection be constructed if and when future alternate means of access becomes available, and that the nonconforming connection must be removed. d. Users. The permit shall specify the properties to be served by the connection; and any other conditions as necessary to ensure the safe operation of the driveway or access easement and the intersecting street. 5. In areas zoned residential, the minimum separation of individual parcel driveways or accesses, as measured from the centerlines of the driveways or accesses, shall not exceed one-half of the sum of the accessed parcel frontage and each of the adjacent parcel frontages. Joint usage driveways may be required where sufficient spacing is not available. 6. Only one driveway per single residential or commercial unit will be permitted unless the applicant can demonstrate that additional driveways or accesses are needed due to the amount of traffic generated by the project, traffic distribution patterns, impacts to the city street system or public safety and there is sufficient space to accommodate the additional driveway or access. Joint usage driveways are encouraged. 7. All abandoned driveways shall be removed and restored by the applicant or agent. 8. Maintenance of driveways and approaches (and associated culverts where required) onto a city street shall be the responsibility of the applicant. C. Standards. 1. Common to All Driveways and Access Easements. a. Clear View Triangle. In addition to providing sufficient sight distances as required in subsection (C)(1)(c) of this section, a clear view triangle as described in Chapter 10.28 EWMC shall be maintained for vision safety purposes. City of East Wenatchee Ordinance 2021-06 Page 8 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) b. Alignment. All driveways and access easement shall intersect the main street at an angle between 75 and 105 degrees, with 90 degrees being preferable. c. Sight Distance. Sufficient sight distances for vehicles to safely enter onto a public street or streets as well as for other vehicles on the street or streets to avoid accidents with entering or exiting vehicles is required for all driveways and access points. For all driveways and access easement, stopping sight distance in accordance with the AASHTO Green Book is required as follows: To calculate sight distance for existing streets serving a proposed driveway or access, first convert the posted speed to an operating speed as per Table 12.53.010-1: Table 12.53.010-1 Posted Speed Add for Operating Speed 20 mph 0 25 mph 0 30 mph 5 mph 35 mph 5 mph 40 mph 10 mph 45 mph and above 10 mph Secondly, use the operating speed and determine the minimum stopping sight distances from Table 12.53.010-2 (based on an approaching vehicle driver’s eye height of three and one-half feet and an object at the driveway of two feet). Table 12.53.010-2 Operating Speed (mph) Minimum Stopping Sight Distance (feet) 20 115 25 155 30 200 35 250 40 305 45 360 50 425 55 495 60 570 City of East Wenatchee Ordinance 2021-06 Page 9 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) The grade of the street can also affect the minimum sight distance required. The following Table 12.53.010-3 provides the increase for downgrades and the decrease for upgrades modifiers. Table 12.53.010-3 Operating Speed (mph) Increase (feet) for Downgrades Decrease (feet) for Upgrades 3% 6% 9% 3% 6% 9% 20 to 30 10 20 30 — 10 20 31 to 40 20 40 70 10 20 30 41 to 50 30 70 — 20 30 — 51 to 60 50 110 — 30 50 — Situations with sight distances less than the above must be approved by the city engineer. In these cases, the applicant may also be required to obtain the services of a professional traffic engineer to assess the situation and provide written justification for lesser sight distances. Sight distances shall be measured from a point 10 feet back of the edge of shoulder or back of sidewalk each way along the edge of the traveled way of the main street as shown in the figure below. d. Drainage. Approaches shall be constructed in such a manner as to minimize the runoff from a driveway or other access easement onto the main street. All approaches at points where there is an existing roadside ditch shall be constructed with a culvert pipe meeting the specifications of the city engineer. e. Surfacing within Right-of-Way. That portion of a driveway or access easement connecting to a paved public street that is within the right-of- way of the public street shall be surfaced with a minimum of two and one- half inches of compacted asphalt concrete pavement or equivalent surfacing material to the street. City of East Wenatchee Ordinance 2021-06 Page 10 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) f. Maintenance. Maintenance of all driveways and access easement including approaches to public streets shall be the responsibility of the owner(s). All shared driveways and access easements shall have a maintenance agreement recorded with the final project approval that specifies consistent maintenance in accordance with the approved project plans. 2. Driveways and Joint Usage Driveways.. In addition to the provisions in subsection (C)(1) driveways and joint use driveways must meet the following standards: a. Driveways providing access to one single-family home should have a maximum improved width of 20 feet and a minimum improved width of 10 feet. b. Joint use driveways should have a minimum improved width of 15 feet and a maximum improved width of 30 feet. The width of the easement shall be sufficient to accommodate the driveway surfacing, any required storm water drainage features, and any utilities. In no case shall the easement be less than 20 feet in width. The full width of the easement shall be clear of sight obstructions to a height of 13 feet six inches. The maximum grade shall be 12 percent. c. All driveways shall be improved with a minimum of six inches of compacted gravel base, crushed surfacing base course or crushed surfacing top course. The surfacing shall be concrete, asphalt or an alternative treatment providing surfacing capable of supporting a typical residential vehicle load. The use of pervious surfacing is encouraged. d. All driveways greater than 150 feet in length shall be improved with an approved turnaround for emergency vehicles such as a cul-de-sac or hammerhead unless the fire marshal determines that alternative access for fire protection is available. See Figure 4-2 in EWMC 12.60.010 for acceptable turnaround designs. 3. Access Easements. Property accesses serving no more than four lots are access easements. Unless an alternate approved emergency vehicle access is provided, access easements shall also serve as an emergency vehicle access. Access easements are privately owned and maintained by the property owners being served and are not the responsibility of the city. Access easements shall comply with EWMC 15.16.010 and have the following minimum requirements: a. The minimum width of the tract or easement for an access easement shall be 20 feet for access easements if no fire hydrant is located along the easement. Thirty feet of easement width is required if a fire hydrant is located along the easement. b. The minimum base shall be six inches of compacted gravel base, crushed surfacing base course or crushed surfacing top course. The surfacing shall be concrete, asphalt, or other approved surfacing capable City of East Wenatchee Ordinance 2021-06 Page 11 of 11 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. c. The base and surfacing shall provide a minimum unobstructed width of 20 feet. Where a fire hydrant is located on an access easement, the minimum unobstructed surface width shall be 26 feet. d. Suitable drainage in the form of ditches and cross culverts shall be provided along the full length of the access easement. Any bridges or drainage structures shall meet the requirements of Chapter 12.55 EWMC. e. All dead-end access easements greater than 150 feet in length shall be improved with an approved turnaround for emergency vehicles such as a cul-de-sac or hammerhead. See Figure 4-2 in EWMC 12.60.010 for acceptable turnaround designs. The length of an access easement shall not exceed 450 feet, excluding the turnaround unless otherwise approved by the city fire marshal. f. Access easement to more than four lots shall be via an urban local access city or private street meeting the requirements of this chapter. g. The minimum centerline radius of curvature shall not be less than 45 feet; provided, however, if an approved alternate emergency vehicle access is provided, the minimum centerline radius of curvature shall not be less than 30 feet. h. The maximum grade shall be 10 percent for gravel surfacing and 12 percent for paved portions. i. The minimum clear vertical distance shall not be less than 13 feet six inches. j. Appropriate provisions shall be made for snow storage. (Ord. 10-09 § 9 (Exh. B), 2010)