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HomeMy WebLinkAbout837_Part 12 Ch 2_Gated CommunitiesTulsa County Clerk- EARLENE WILSON Doc# 2006032943 Pages 4 Receipt # 85261 1 03/24/06 12 :2 1:33 00352611001 Fee 19.00 CITE' OF OWASSO, OKLAHOMA ORDINANCE No. 837 AN ORDINANCE RELATING TO PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, OF THE CODE OF ORDIANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING MINIMUM REQUIREMENT FOR ACCESS GATED FOR GATED COMMUNITIES AND PLANNED UNIT DEVELOPMENTS, AND PROVIDING FOR REGISTRATION AND INSPECTION FEES. THIS ORDINANCE AMENDS PART 12, CHAPTER 2 OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFED AS SECTION 12- 203. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Twelve, Planning, Zoning and Development, Chapter 2, Zoning Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by providing and codifying as follows: SECTION 12-203 ACCESS GATES FOR GA'Z'ED CO1VIMUNITIES SECTION ONE (1) Gated access will only be considered and allowed for private streets in approved Planned Unit Developments, apartment projects, or other subdivision plats approved the City Council. Only local streets that would not otherwise provide access to other neighborhoods will be considered eligible for gates. No collector roads that would connect one arterial to another arterial will be considered eligible for gates. All plats submitted with private streets and gated access shall require the approval of the Planning Commission and the City Council. The City of Owasso, prior to the issuance of any building permits, shall approve streets and grading plans for the subdivision, and those plans shall show the locations and details of all gates. Any gate shall be located a sufficient distance from a public street to allow two (2) cars to line up at the gate so as to completely clear the right-of-way of the abutting public street without interfering with vehicles utilizing the public street; the minimum acceptable distance from the gate to the public street right-of-way shall be no less than forty (40) feet. A turn around lane shall be provided for vehicles unable to enter the gated development. SECTION THREE (3) Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on gates shall also be prohibited. SECTION FOUR (4) Use of controlled access does not negate other City of Owasso ordinances. SECTION FIVE (5) A Homeowners' Association or a similar entity shall be established and the name, addresses and emergency contact numbers provided to the Fire Department. The Homeowners' Association shall be responsible for the following: (a) Maintenance and repairs of the private streets and/or fire lanes, and to provide the funds for such. (b) Maintenance testing and repairs of all functions of the gate. (c) Accompanying the Fire Department officers during annual inspection and testing of the opening systems. (d) Maintaining a service agreement with a qualified contractor to insure year round maintenance. SECTION SIX (6) The minimum gate opening width, including clearance for all improvements related to the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress and an egress gates. SECTION SEVEN (7) A battery back -up system shall be provided for each gate. These batteries will be trickle charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open until reset by the Homeowners' Association. An emergency release or hitch pin shall be installed on the control arm. SECTION EIGHT (8) This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention. An emergency release shall be installed on the gate. This emergency release, when removed, will detach the gate from the opening device and allow the gate to swing or slide open freely with manual intervention. 2 SECTION NINE (9) The gate shall be equipped with a "C1ick2Enter, Inc. public safety access system, which utilizes the existing emergency service radios for rapid entry. SECTION TEN (10) All streets within the development shall otherwise meet the requirements of the Comprehensive Plan, Subdivision Regulations, and the design standards of the City of Owasso. SECTION ELEVEN (11) Should any problem occur in the operation of the gate or any violation of any section of this ordinance, the gate shall remain open and accessible until the problem is resolved and /or the gate is repaired and tested. SECTION TWLEVE (12) When a covered entry structure is requested, the minimum height shall be no less than sixteen (16) feet. The width shall be no less than twenty (20) feet. SECTION THIRTEEN (13) Any developer, Homeowners' Association, or other responsible property owners proposing any gated community must provide the City of Owasso (including Fire, Police, Public Works, and Community Development) access assurance prior to installation of any approved gate. The access shall be provided by an easement to be dedicated to the City of Owasso in the deed of dedication of the plat for utilities and essential City services in the streets and common areas as designated on the subdivision plat. SECTION FOURTEEN (14) The developer, Homeowners' Association, or other responsible property owners shall provide for annual inspection of each gate to insure that each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The verification of the access agreement and a copy of the latest inspection form will be kept on file with the City of Owasso City Clerk including the contractor's name, address, and 24- hour -a® day telephone number(s). The developer, homeowner's representative, or responsible property owner's name, address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate. SECTION FIFTEEN (15)a Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. 3 SECTION SIXTEEN (16)e Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SEVENTEEN (17)o Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION EIGHTEEN (18): Codification The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12, Chapter 2, as section 2-203. PASSED by the City Council of the City of Owasso, Oklahoma on the 21St day of March, 2006. Craig thoendel , Mayor Sherry Bishop, City Clerk APPROVED as to form Julie Lombardi, City Attorney OFFiCIAL MAYOR TO: THE HONORABLE AND COUNCIL CITY OF OWASSO FROM: BRADD CLARK, JULIE LOMBARDI, ANA STAGG, ERIC WILES, DAN YANCEY DATE: March 15, 2006 At the March 7, 2006 City Council meeting, the City Council voted to table consideration of Ordinance No. 837, the gated communities ordinance, until the March 21, 2006 City Council meeting. The staff is bringing the item back to the City Council for consideration at the March 21, 2006 City Council meeting. The staff has been requested to perform research into the issue of gated communities and to present a recommendation based upon the findings of that research. Currently, there are more than 50,000 gated communities in the U.S. with more being built every year. About 6% of the country' s population lives inside gated communities, totaling seven million households (Census Bureau, 2001). The staff has drafted an ordinance that would allow the installation of entrance gates into residential subdivisions on private streets only. It should be noted that gates would not be permitted on streets that would otherwise connect to adjacent subdivisions or on collector roads that would connect one arterial with another. This memorandum is a summation of the findings of the directors of Community Development, Fire, Police, Public Works, and the City Attorney. The report is organized into different points of focus that were examined by the respective staff members. The first point of focus, from the Public Works Director, outlines the direct effects of gated residential entrances on our ability to provide water, sewer and refuse collection and infrastructure maintenance service. Second, the Fire Chief examines necessary design criteria for gates that would ensure a rapid and safe response to provide the earliest possible arrival and intervention of public safety personnel to an emergency. Next, the Police Chief focuses on the pros and cons of gated communities from the perspective of law enforcement. The City Attorney reports on her findings related to the legality of gated neighborhoods; especially as to whether they can be located on public streets. Finally, the Community Development Director provides general findings on gated communities - from benefits and drawbacks for both the homebuyer and the city to general statistics about gated communities and a summary of research. Water and Sewer - Whether gated or not, the city is obligated to provide water and sewer service to customers located within the service area. The presence of a gate, which is kept open during business hours, would have little or no impact on our ability to provide regular services. Furthermore, because suspension of service would not result on an immediate loss of life, the City may opt to delay response to after -hours calls when gates prohibit entrance to the residential area. Thus, staff anticipates little or no effect of the gate on the City's ability to provide quality water and /or sewer service. Similarly, whether the streets remain public or become private has no bearing on water and sewer infrastructure which - regulated by Oklahoma Department of Environmental Quality - must remain public. Refuse Collection - The presence of a "properly- sized" gate - which remains open during business hours - would have no impact on our ability to provide service. A potentially problematic effect of gates would be its width, which if improperly sized could restrict entrance of refuse vehicles to the subdivision. This can be easily overcome by specifying minimum clearances at residential entrances in the City's design criteria. Finally, whether the streets are private or public would have no impact on our ability to provide quality refuse collection service. Streets and Drainage - Again, the presence of a gate itself has minimal impact or no impact on our ability to provide maintenance to the City's streets and stormwater infrastructure. Of significant importance to this discussion, however, is whether the streets are private or public. In past, when streets are private, City staff has had no involvement in the design, construction and /or maintenance of the infrastructure. It is worth noting that although an advantage of private streets should be the release from maintenance obligations related to the infrastructure, recent history has proven different. In the 1970's, the Three Lakes Village streets were constructed as private infrastructure, exempt from City requirements. Unfortunately, not only was the street too narrow to allow for safe traffic, but also its foundation was too shallow to withstand normal residential traffic. Resultantly, the City -- after numerous petitions by the area residents - has agreed to accept the streets after the effect and invest nearly $250,000 in their reconstruction. To prevent the reoccurrence of this problem, it would be advantageous to require that private street infrastructure servicing a residential neighborhood meet minimum City standards. Gates may result in a reduction of traffic volumes on the gated passageway because it eliminates through traffic. Resultantly, traffic volumes on alternate through routes should be expected to increase. If the gated passageway is private, the increased traffic volumes on alternate public routes would result in higher maintenance costs for the City. Conversely, maintenance savings resulting from a decrease in through traffic in gated communities would be enjoyed by the resident owners. Finally, gated throughways would render the passage worthless to all but those able to operate the gate - when the gate is closed. In other words, only those that can open the gate are provided with unrestricted access to the passageway. Thus, the excessive use of gates could result in disruption of contiguous residential street networks, rendering the system useless and overloading arterial streets. The idea of installing entry /access- controlling gates is not new, but remains in conflict with the primal goal of the emergency responders from both the police and fire departments: a rapid and safe response to provide the earliest possible arrival and intervention. In the interest of a rapid response, state laws, city ordinances and departmental operating procedures address the safe and rapid response to emergencies throughout our response area. Historical and scientific data demonstrate the many benefits of arriving as quickly and safely as possible, whether the emergency involves fire, violence, or medical or traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied structure or an event involving violence, any delay to a rapid and safe response can, and most often does, affect the successful outcome of the emergency. The Owasso Fire Department does recognize, however, the customer - centered obligation to adapt our emergency response goals to homeowner desires for entry /access - controlled gates. Realizing this, our strongest recommendation is to create and implement design criteria for the initiation of a gated community. Criteria for Placement of Gates - In an effort to minimize the barrier /delayed- time effect, many gated communities have installed gates that are sensitive to audible sirens, strobe light sequences, or standardized keys utilized throughout the City by the emergency responders. Although each methodology bears some merit, there is no one best way to breach a closed gate and continue a rapid response consistent with a non -gated street. The development of an ordinance addressing the design criteria should contain language addressing the following: 1. The requirement that all plats submitted with gated access require the approval of the Planning Commission and the City Council. Prior to the issuance of any building permits, the City Engineer, the Fire Marshal, and the Building Official shall approve a detailed Site Plan for gated access areas. 2® The requirement that any gate shall be located a sufficient distance from a public street to allow three (3) cars to line up at the gate to clear completely the right - of -way of the abutting public street without interfering with vehicles utilizing the public street. The minimum acceptable distance from the gate to the public street right -of -way shall be no less than sixty -feet (60'). A turn around lane is required for vehicles unable to enter the gated development. 3e The prohibition of road spikes, barbs, or other tire damaging devices and spikes installed on gates. 4® The requirement for compliance of all engineering requirements adopted as City standards for streets, sidewalks, fire lanes, fire hydrants in controlled- access developments. 5. The requirement for the formation of a Homeowners' Association, or similar entity, and for the names, addresses and emergency contact numbers of the Association be provided to the Fire Department. The Homeowners' Association shall be responsible for the following: (a) Maintenance and repairs of all streets and /or fire lanes (if remaining private) . (b) Maintenance testing and repairs of all functions of the gate. (c) Accompanying Fire Department officers during annual inspection and testing of the gate opening systems. (d) Maintaining a service agreement with a qualified contractor to insure year -round maintenance. 6® The requirement that the minimum gate opening width, including clearance for all improvements related to the gate, be not less than twenty (20) feet wide per lane if there is to be ingress and an egress gates. 7® The requirement for the installation of an emergency release or hitch pins on the control arm. This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention. 8® The requirement for a battery back -up system for each gate. These batteries will be trickle charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open until reset by the Homeowners' Association. 9® The requirement for the gate to be equipped with a rapid entry key lock box, located at or near the main entrance to the property. The Fire Marshal shall approve the specific type of lock box and mounting location. (Alternative: some technological equivalent including light or noise activated opening). 10® The requirement for the location of all rapid entry key lock boxes, hitch pins, related equipment, operation of gate, signage, opening design, swinging or sliding operation of the gate or any other design specification be constructed and installed in accordance with the approved plans. 11. The requirement for the minimum paving width for all lanes entering and exiting the development at the gated entry is at least twenty (20) feet in width. All streets within the development shall otherwise meet the requirements of the Comprehensive Plan, Subdivision Regulations, and the design standards of the City. Should parking along the street be requested by the developer, appropriate signage shall be provided and the minimum width of the roadway shall be twenty -six (26) feet. 12. The requirement that when any problems occur in the operation of the gate or any violation of any section of this ordinance, the gate remain open and accessible until the problem is resolved and /or the gate is service tested. 13. The requirement that proposed covered entry structures meet the minimum height of no less than thirteen (13) feet. The width shall be no less than twenty (20) feet. 14. The requirement that any developer, Homeowners' Association, or other responsible property owners proposing any gated community provide the City of Owasso access assurance prior to installation of any approved gate. The access shall be provided by an easement to be dedicated to the City in the deed of dedication of the plat for utilities and essential City services in the streets and common areas as designated on the subdivision plat. 15. The requirement that the developer, Homeowners' Association, or other responsible property owners provide for annual inspection of each gate to insure each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The requirement that verification of the access agreement and a copy of the latest inspection form on file with the City Clerk and the Fire Marshal including the contractor's name, address, and 24- hour -a -day telephone number(s). The developer, homeowner's representative, or responsible property owner's name, address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate. 16. A requirement for a registration fee consistent with the latest City Council approved fee schedule paid to the City for plan review and inspection fees of all proposed gated communities. Additional considerations may be included in the design criteria or ordinance for the approval of gated communities. Among these considerations are: ® strobe light- triggered opener systems ® required residential fire sprinkler systems in the houses within the gated community ® required cardiac defibrillators accessible in central or duplicate locations within the gated community ® required intrusion alarms in the houses within the gated community ® required looped residential telephone lines to the gate so that when dialing 911 from a house within the gated community, the gate automatically opens ® requirements for gates installed at apartment complexes or commercial facilities. Other considerations may arise with more discussion and research ensuring the safety and security of the citizens behind the gate, while affording the emergency responders a time - sensitive response into the controlled area. CRIME CHARACTERISTICS OF GATED COMMITNITIES: Pros and cons exist for the residents of developments and services with respect to gated communities. Pros - The staff has identified at least five (5) areas that may provide benefit to law enforcement with regards to gated communities; • Higher sense of security -often residents in gated communities feel a higher sense of security with the enclosure of wails and fencing. The level of security also depends on several factors to include; manned gates, patrolling security and type of access. • Private gated communities help defer services to other areas- meaning resources normally expended on patrolling streets, providing maintenance can be directed elsewhere. • Private and Public gated communities possibly provide a greater economic benefit(as a selling point) to the city which may translate into more tax dollars -whether private or public gated communities exist in the community both offer, in most cases, better property values as opposed to those property that are no enclosed and provides incentives to those who generally have more disposable income. • Higher probability in the apprehension of criminal activity from outsiders in most cases persons that do not reside within the private gated community are easily identified as being foreign to the area. • Appreciation of property values- In most cases the value of the property contained within these communities appreciate more in value as compared to homes outside however this may greatly depend on whether the infrastructure is maintained privately or using tax payer's dollars. Cons - The staff has also identified at least five (5) areas that may be disadvantages to law enforcement with regards to gated communities; ® Emergency access to gated communities-several methods are used to access gates leading into gated communities to include; key entry, keyless touch pad, manned security, siren activation, radio frequency activation and lighting activation and as in most cases they may prove to be dependable but not fail safe. Key entry in most cases is dependable however logistically it is very difficult for emergency services to maintain the key system, especially when multiple communities exist within the jurisdiction as well as it can be time consuming when trying to gain access. Keyless touch pads are somewhat difficult for police to manage and are extremely volatile to anyone having the entry code. Manned gates are, in most cases, more reliable but in many cases cost prohibited. Siren activation, siren activation and radio frequency are all acceptable to being duplicated, warning suspects to your arrival and are all acceptable to failure. • Private vs. Public property- depending upon the classification of the property in question dictates how the police respond. One example would be if the streets remain public then police have no ability to remove a person that would normally be considered a trespasser on private property. The opposite of that would be if the streets were private very little traffic enforcement could result, exceptions do apply. Many other examples can be cited. • Segregation- Although not conclusive, research suggest that gated communities strengthen the idea of segregation in a community therefore posing a risk to strong cohesive relationship between the rich and poor in essences creating social divide in the community. • Crime perception vs. reality- perception is that crime is lower in gated communities when in reality statistics show little difference partially in that most people that can afford to live within gated communities can reside in neighborhoods that have very little crime anyway. • Crime in most cases is close to home- statistics show that most property and person crimes are perpetrator by persons that either live close to victim or know the victim. The staff has been requested to research the legal issues surrounding implementation of an ordinance authorizing gated sub - divisions within the Owasso community. While numerous benefits and drawbacks may be presented by both those advocating and opposing gated communities, the focus of this memo addresses potential legal issues and liabilities the City might incur if an ordinance regulating gated communities, either on private or public roads, were to be adopted by the City Council. It should be noted at the outset that staff has been unable to locate a municipality within Oklahoma, or any other state, that has authorized and allowed gated communities on public roadways. Conversely, numerous cities have adopted ordinances regulating all aspects of design, operation and function for gates placed on private roads. As a result, it is well settled at this juncture that municipalities are soundly within their discretion to allow placement of gates within sub - divisions wherein the roads are wholly owned by the sub - division's homeowners. In stark contrast, however, there is a complete void of legal authority establishing precedent for a municipality's ability to allow placement of gates on public roadways. Litigation Potential - An informal poll of city attorneys from several municipalities revealed a unanimous belief that tolerance or blessing of private gates on public streets by a municipality would imminently result in litigation. As noted above, research of both federal and state appellate decisions revealed no authority whatsoever which is supportive of a city's right to allow gates on public roadways. However, it should be noted that while staff strongly anticipated finding settled authority prohibiting the same, such was not the case. Although the courts have spoken to ancillary and related issues on various occasions [lack of right to privatize surrounding streets, Hicks v. Commonwealth of Virginia, VA. Ct. App. (2004); lack of right to restrict a "traditional public forum" United States v. Kokinda, 110 S.Ct. 3115, (1990)], the precise and definitive issue of a city's right to authorize gating of public streets has not been addressed. In Kokinda, the United States Supreme Court made clear that the public's use of public properties which are considered traditional public forums, such as streets or sidewalks that are being used for lawful purposes, will be allowed significant constitutional protection, and statutory attempts to encroach upon the public's use are subject to intense judicial scrutiny. Absent an absolute on -point ruling from the judiciary, staff has attempted to make application of the traditional legal analyses utilized by the courts in similar types of cases. The initial consideration requires a preliminary determination regarding the type, nature and extent of liability potentially incurred by the City if an ordinance authorizing public road gating were adopted. One possibility would be a private right of action asserted by a taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been utilized solely to benefit private parties rather than to benefit the public as a whole. While a lawsuit of this nature might resolve successfully in favor of the plaintiff, it should be noted that the plaintiff would be unable to assert any actual, real or provable damages against the City. Judicial remedy would likely be restricted to injunctive relief against the City compelling removal of the gates. Recourse for the City, in the face of such an adverse verdict, could be as simple as requiring the homeowner's association to assume ownership of the roads within the gated area. An additional possibility, which would subject the City to greater liability than a taxpayer right of action, is the potential for a plaintiff to file an action claiming impairment of his or her constitutional rights under the 14 "' Amendment of the United States Constitution. Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty interest rights. In this instance, potential remedies are more significant. The initial prong of a court's analysis would seek to determine whether or not a federal liberty interest has been abridged by allowing placement of private gates on public roadways which restrict public access. If such an interest is found to exist, the judicial standard of review would be strict scrutiny. This is the highest form of judicial review and is only invoked by the courts when a fundamental liberty interest, or some form of generally prohibited discrimination, is at issue. Essentially, the City would be required to prove that allowing gates on public roadways is the sole means by which it can accomplish an important and necessary governmental objective. More often than not, ordinances are stricken as unconstitutional under this standard of review. Assuming that a fundamental liberty interest is not found to exist, a court would employ the rational basis standard of review. Therein, an ordinance must permissibly and reasonably set forth a means to accomplish an important governmental goal, and must not be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the courts in making these determinations is the rational basis test: Does the ordinance serve some permissible, rational and logical need of the municipality? If the City could sufficiently establish the necessity of private gates on public roadways under this analysis, defense of the ordinance might be successful. This presupposes, however, that the plaintiff is unable to mount a successful challenge on grounds of equal protection. The standard employed by a court reviewing an ordinance alleged to violate the Equal Protection Clause of the Constitution is strict scrutiny, as discussed above. In this instance, a plaintiff would allege disparate treatment among the citizenry of Owasso based on residence, and, by implication, wealth. Although wealth has not been recognized as a protected class for purposes of equal protection, under strict scrutiny review an equal protection challenge has some chance of success in the courts. Traditionally, the courts have been protective of differing treatment by governmental entities which is based either in fact or implication on the social status or wealth of individuals. Conclusion - There are no significant legal issues created by the City's decision to allow placement of gates on private roadways. Presumably, any delay in response time by emergency personnel due to malfunction of the gates falls within the doctrine of assumption of the risk. However, an ordinance permitting private sub- division gates on public roadways is highly likely to result in litigation if challenged by a citizen. The City would have no legal precedent upon which to base its defense and would be compelled to successfully establish that a fundamental liberty interest is not present and that the ordinance is not violative of the Equal Protection Clause. Litigation of this type is likely to be protracted and expensive, and the outcome is uncertain at best. Therefore, staff recommends that any ordinance passed by the City Council allowing the placement of private gates specifically restrict installation of gates to private roadways, or, alternatively, at least refrain from expressly allowing placement of gates on public roadways. Additionally, implementation of additional specific guidelines mandating design and operation standards for the benefit of public service vehicles is recommended. Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997). The first group includes retirement communities, golf communities, and country club leisure developments where the gates provide security and separation for the leisure activities within. Entire municipalities are being developed in places like Southern California, Arizona, and Texas that fit within this first category. The second type of gated community includes neighborhoods that are valued as markers of distinction and status, though the neighborhoods lack the amenities of the first group. Like the first group, these neighborhoods are developer - built, and primarily suburban. The residents of these gated communities range from the rich and famous to the working class. It appears that most gated communities that are developed in Owasso would fall into this group. The third category of gated community includes neighborhoods where trouble with crime or traffic and fear of outsiders are the most common motivation for gates. In most examples of these neighborhoods, residents, not developers, install gates and fences to their previously open neighborhoods. Benefits for the homebuyer - There exist different reasons for households to find gated communities desirable. A gated development' s reputation is often attractive for households seeking status. Privacy and quiet isolation may be preferred. Traffic is not as heavy in a gated community as it would be in a non -gated counterpart. The perception of crime is lower when a neighborhood has a security gate; indeed, a poll conducted by the Community Associations Institute reported that 70% of gated community residents believed their community was safer than surrounding areas (Harris and Evans, 1999). Properties inside gated developments can offer solid investments - a 2001 study on property values indicated that the expected sales price for a 2,500 square feet home was 7.6% higher inside a gated neighborhood than a non -gated neighborhood with a homeowners' association, and 25.9% higher than a non- gated neighborhood without a homeowners' association (LaCour- Little and Malpezzi, 2001). Benefits for the City - The most compelling benefit for a municipality to allow gated communities is that a 1996 survey conducted by the National Association of Home Builders revealed that 47% of homebuyers prefer a gated entrance (Harris and Evans, 1999). A city that allows neighborhoods to have gated entrances may realize a significantly larger pool of prospective homebuyers than a city that does not. Drawbacks for the homebuyer° - Some Owasso residents have indicated a reluctance to support a security gate because of the noise it would generate while in operation. Another drawback is the increased cost of homeowners' association dues as a result of gate maintenance. Additionally, deliveries and guests would be inconvenienced when visiting households within a gated community. Postal service and other services would be at the discretion of the service providers, unless the gates were open at the time the services are delivered. Drawbacks for the City - According to conversations with planning and development departments elsewhere, many cities have policies that gated communities do not receive police patrols, resulting in an increased number of speeding motorists and a subsequent increase in the risk of traffic accidents. Those conversations also reported a delayed emergency response time for fire fighting personnel because of the time necessary to open a gate. Additionally, a pattern of gated communities could present a drawback for the City if collector streets, roads that connect arterials, became gated. With gates across collectors, traffic pressure would increase on the arterial system and detours, such as the current traffic route through Ator Heights while North Garnett is being widened, might be less feasible. Summary of general research - The findings of the staff' s research indicate that gated communities can be a very divisive issue. Many planners regard gates as part of a troubling trend to limit access to residential and other areas, " representing a retreat from the public realm... a dramatic manifestation of the fortress mentality growing in America," (Blakely and Snyder, 1997). The development patterns established by gated neighborhoods are perceived as deleterious to the social fabric by the entertainment industry, the media, social workers, and have even been the subject of science fiction novels (Le Goix, 2003). An activist organization calling itself Heavy Trash has even been formed that places viewing platforms near the entrances to gated communities in Los Angeles so that passersby can look into the gated communities. However, the facts that 47% of homebuyers prefer a gated entrance and that gates enhance property values cannot be overlooked. The primary appeal of gated communities is their promise of improved security (McGoey, 2005). Most gated neighborhoods share three general points: 1) A homeowners' association. Existing associations require compliance with covenants and deed restrictions before homeowners finalize their paperwork. If the covenants are not already established, unanimous agreement is required. 2) A near consensus among the residents that gating is desirable. 3) Usually, the neighborhood is bordered by a natural or man -made boundary so that gating a few key access points will provide adequate security. Most homeowners like to feel a part of a community. They expend some effort to create or seek out enclaves of compatible neighbors and amenable surroundings. Viewed as part of this effort, gated communities can be seen as attempts to recreate the idealized small American town where everyone knows and cares about each other. :u , The following findings from the staff share one basic characteristic - that provisions should be developed allowing for gated neighborhoods. Taken together, the recommendations call for gates to be allowed only on private, non - collector streets and under the guidelines of specific criteria to be adopted by the City. 1. From Public Works: Gated entrances have no significant impact on our ability to provide water, sewer, refuse collection and street /drainage maintenance services. If used excessively, they could result in the dismembering of the City's residential street network, overloading alternate routes. On the other hand, when used appropriately, gates can provide an attractive amenity to our residents. 2. From Fire Department: The staff recommends that strict criteria be adopted for the installation of gates into developments. 3. From Police Department: It is the recommendation of the staff that strict guidelines be developed regarding emergency services access and that the streets and sidewalks be privatized. 4. From City Attorney: The staff recommends that any ordinance passed by the City Council allowing the placement of private gates specifically restrict installation of gates to private roadways, or, alternatively, at least refrain from expressly allowing placement of gates on public roadways. Additionally, implementation of additional specific guidelines mandating design and operation standards for the benefit of public service vehicles is recommended. 5. From Community Development: The staff recommends that the City of Owasso create provisions that allow for the development of gated neighborhoods. Further, the staff recommends that gated neighborhoods only be allowed on streets that do not provide connections between arterials. On January 17, 2006, the City Council conducted a public hearing to solicit citizen input regarding gated communities. One citizen spoke to the Council during this hearing and expressed their concern that neighborhoods behind gates become a target for criminal activity such as vandalism. Attached is proposed Ordinance No. 837 that would allow gates in Owasso subdivisions. The ordinance was developed by the staff, using the above findings as its basis. Ordinance No. 837 would allow gates only on private streets and would not allow gates on collector roads. The staff recommends approval of Ordinance No. 837. ATTACHMENTS: 1. Proposed Ordinance No. 81 BLAKELY, E. J. & SNYDER, M. G. (1997). Fortress America, Gated Communities in the United ,States. Washington D.C., Cambridge, M.A.: Brookings Institution Press & Lincoln Institute of Land Policy. HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra Grande, the Real 'state Center Journal, 1323 (July 1999), 50 -52. LaCOUR- LITTLE, M. & MALPEZZI, S. (2001). Gated Communities and Property Values. A paper presented to the American Real Estate and Urban Economics Association. LE GOIX, R. (2003). The Suburban Paradise or the Parceling of Cities? Los Angeles, CA, UCLA International Institute. McGOEY, C. (2005). Gated Communities. Los Angeles, CA, Aegis Books, Inc.