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AGENDA

LACEY PLANNING COMMISSION MEETING Tuesday, April 4, 2017 – 7:00 p.m.

Lacey City Hall Council Chambers, 420 College Street SE Call to Order: 7:00 p.m.

A. Roll Call B. Approval of Agenda & Consent Agenda Items*

Approval of the March 21, 2017, Planning Commission Meeting Minutes Public Comments: 7:01 p.m. Commission Members Reports: 7:03 p.m. Director’s Report: 7:05 p.m. New Business: 7:10 p.m. Drive-Thru Windows in Village Center Community Commercial: Ryan Andrews, Planning Manager. The City has received a private-applicant initiated proposal to amend Lacey Municipal Code 16.59 to allow and establish standards for drive-thru windows for restaurant uses in the Community Commercial portion of Village Centers. Staff will brief the Planning Commission on the request and the applicant will be present to provide additional information. The amendment will be scheduled for a public hearing at a future meeting. Development Code Audit: Christy Osborn, Associate Planner. The Planning Commission will hear an introductory briefing from staff on the audit to the City’s development regulations. Additional information will be presented on State law pertaining to subdivision regulations as LMC Title 15: Land Division will be the starting point for the audit. Communications and Announcements: 8:55 p.m. Next Meeting: April 18, 2017. Adjournment: 9:00 p.m.

3/27/17

CITY OF LACEY PLANNING COMMISSION WORK SCHEDULE

Planning Commission Meeting April 4, 2017 Packets due: March 30th

1. Work Session: Development Code Audit 2. Work Session: Summerwalk Zoning Text Amendment

Planning Commission Meeting April 18, 2017 Packets due: April 13th

1. Public Hearing: Summerwalk Zoning Text Amendment 2. Work Session: Development Code Audit

Planning Commission Meeting May 2, 2017 Packets due: April 27th

1. Work Session: Summerwalk Zoning Text Amendment Follow-up (if needed) 2. Work Session: Development Code Audit

Planning Commission Meeting May 16, 2017 Packets due: May 11th

1. Work Session/Hearing: Transportation Improvement Plan

Pending Items: June 6th, Comprehensive Plan for Outdoor Recreation Briefing June 20th, Comprehensive Plan for Outdoor Recreation Hearing

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MINUTES Lacey Planning Commission Meeting Tuesday, March 21, 2017 – 7:00 p.m.

Lacey City Hall Council Chambers, 420 College Street SE Meeting was called to order at 7:00 p.m. by Vice-chair Paul Enns. Planning Commission members present: Paul Enns, Mike Beehler, David Lousteau, Sharon Kophs, Mark Morgan, and Peg Evans-Brown. Staff present: Ryan Andrews, Christy Osborn, Rick Walk, and Leah Bender. Paul Enns noted a quorum present. Sharon Kophs made a motion, seconded by Mark Morgan, to approve the agenda for tonight’s meeting. All were in favor, the motion carried. Mark Morgan made a motion, seconded by Peg Evans-Brown, to approve the February 21, 2017, meeting minutes. Five were in favor, one abstained, the motion carried. 1. Public Comments: None.

2. Commission Member’s Report:

• Paul Enns welcomed new Planning Commissioner David Lousteau and asked everyone to introduce themselves.

• Sharon Kophs reported on her attendance at the last Council meeting. • Peg Evans-Brown reported on her attendance at the Ethnic Celebration.

3. Director’s Report:

• Rick Walk reported on the last Council meeting. • Rick noted that at the next Council meeting, items on the agenda will include two proposed

annexations, and the latest items referred by Planning Commission. 4. New Business:

OPMA Training: • Ryan Andrews distributed completion certificates for Commissioners to sign at the end of the

training and presented a training video on the Open Public Meeting Act. Comprehensive Plan for Outdoor Recreation Status Update: • Christy Osborn distributed a memo outlining the Plan update and explained that the update will

be completed in three phases. • Christy noted that community outreach efforts for the Plan began in 2015 with a survey

distributed at Envision Lacey events. Input from the initial survey is being included in the preparation of the draft plan.

• The next outreach effort will be at Lacey Fun Fair, and Commissioners were asked to participate in the effort. A survey will be conducted and promotional items will be given to participants.

• At the next Council retreat, Council will discuss the Metropolitan Park District information to determine how best to frame it.

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Joint Planning with Thurston County: • Ryan gave some background information on the joint planning process for the Lacey Urban

Growth Area. • Ryan went over the implementation strategies that will be added to the County’s work program

once the joint plan is adopted. • There was a discussion regarding the timeline for completing the update and what the City can

do to help. • Ryan noted that the Board of County Commissioners and Council will have a joint meeting in

May 5. Old Business:

Affordable Housing White Paper: • Ryan distributed a flyer for the Olympia Housing Levy Forum and noted that the levy would

include Lacey and Tumwater as well. • Ryan went over the outline draft. • There was a discussion regarding the statistics. It was suggested that median rather than

average housing price be used. • Some options were discussed such as establishing a non-profit clearinghouse of agencies, the

CIP, and the CDBG. Ryan explained that Lacey is set to receive CDBG benefits in 2017. • Tiny homes, Tiny home villages, inclusionary zoning (requiring developers to set aside a

certain number of affordable housing units), and family wage job recruitment were also discussed.

• The multi-family tax exemption expansion and the examination and potential reduction of connection fees were discussed.

6. Communications and Announcements:

• An audience member asked Planning Commission about condominiums and limiting maximum single-family home size to 1,400 square feet. Rick discussed the issues and explained that developers will supply home sizes in line with what the market demands.

• Rick reported that two Council meetings ago Councilman Gadman reported on the Intercity Transit public outreach effort to get feedback from users and noted that IT will have a booth at the Lacey Fun Fair.

7. Next meeting: April 4, 2017.

8. Adjournment: 9:00 p.m.

From: Joel CarlsonTo: CD-PlanningSubject: Update to comments at March 21, 2017 Planning Commission meetingDate: Wednesday, March 22, 2017 8:20:27 AM

I made comments at the end of last night's Planning Commission meeting which I would like to update:

1. To achieve the housing density needed for growth management within the existing urban boundaries we need to bring in builders who do that type of construction. At the Coach House affordable housing forum February 22, 2017 it was disclosed that a successful condominium builder was being brought in to finally bring affordable condos to Thurston County. We need high density projects with great walk ability, plazas, trails, parks, transportation, etc. as envisioned by Sustainable Thurston.

2. The current Thurston County Commissioners are clearly not complying with growth management, comprehensive plan, water protection, environmental protection requirements. Legal action is the only way to force them into compliance. We don't know yet who will pursue that legal action.

3. Fossil fuel global warming emissions threatens life on earth. Building construction accounts for a lot of our carbon emissions. We must quickly switch to affordable fossil fuel free construction (no natural gas) with renewable solar energy, heat pumps, great insulation, etc. A web site for this is here.

4. If "tiny homes" are considered we need to think about park model homes that can be hooked up to existing utilities but also can be moved to other locations.

Thanks, Joel Carlson, 3634 Loren St NE, Lacey, WA 98516

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PLANNING COMMISSION STAFF REPORT April 4, 2017

SUBJECT: Village Center Community Commercial Zoning Text Amendment Application. Project no. 17-37.

________________________________________________________________________ RECOMMENDATION: Call for a public hearing for April 18th to consider the zoning text

amendment to LMC 16.59 to allow and establish standards for dive-thru windows for restaurant uses in the Community Commercial portion of Village Centers submitted by Hall Equities Group.

TO: Lacey Planning Commission STAFF CONTACTS: Rick Walk, Director of Community and Economic Development Ryan Andrews, Planning Manager ATTACHMENT(S): 1. Zoning Text Amendment Application 2. Proposed Draft Village Center Community Commercial Zoning Text 3. Map of Existing Zoning PRIOR COUNCIL/ COMMISSION/ COMMITTEE REVIEW: None. BACKGROUND: The Community and Economic Development Department received a private applicant-initiated zoning text amendment request. The request is to amend Chapter 16.59 of the Lacey Municipal Code to allow drive-thru windows for restaurant uses and establish standards applying to all drive-thru’s within the Community Commercial portion of Village Centers. The request is to amend specific text within the zoning code and does not require the need to amend any policies within the Comprehensive Plan. These applications are received periodically and are not subject to the docketing or annual Comprehensive Plan amendment timelines because amendment of the Comprehensive Plan is unnecessary. The Planning Commission will review the request and provide a recommendation on the amendment to the City Council. The city’s only Village Center Community Commercial zone (see attached zoning map) is oriented around the intersection of Yelm Highway SE and Parkside Drive SE in the Summerwalk Village Center. The district is bordered by the Little Prairie Shopping Center to the west, the Summerwalk residential neighborhood to the north and west, the Mountain Green Mobile Home Park to the northeast, and Yelm Highway to the south. The Summerwalk Community Commercial contains a variety of retail and service uses anchored by the Walmart Neighborhood Market and two multi-tenant retail buildings. Three additional buildings have site plan approval

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for future construction on this property. An additional property to the east, currently owned by Hall Equities Group, is approximately 2.23 acres in size and is undeveloped. Drive-Thru Window Request The primary request is to allow drive-thru windows for restaurants in the Village Center Community Commercial district. Currently, this zoning district specifically prohibits drive-thru windows for restaurant uses, however, drive-thru windows are allowed for uses such as banks, drugstores, coffee shops, etc. The applicant is interested in pursuing the amendment to market the westernmost multi-tenant building pad to a restaurant with a drive-thru. The Comprehensive Plan places a major emphasis on encouraging residential, employment and commercial uses to locate in close proximity to each other. To achieve a mixed-use pattern, the Plan states that commercial areas within village centers are encouraged to provide basic retail services and employment opportunities in close proximity to residents. The intent statement of the commercial functions of the Village Center zone states that “The commercial and office uses should be designed to accommodate both pedestrians and automobiles, with emphasis given to the pedestrian element and, in particular, pedestrians within the village.” Additionally, this is further clarified with the statement in the code that, “Village centers with a community commercial element may have more of an automobile orientation than those with a neighborhood commercial designation. However, both designations shall be designed with the major emphasis of providing a comfortable, convenient and attractive shopping experience for local pedestrians.” These intent statements directly support the request. Staff has included an attached draft of the amended zoning text in Lacey Municipal Code 16.59 that would allow drive-thru restaurants in the Village Center Community Commercial zone while continuing to prohibit them in the Village Center Neighborhood Commercial area based on the intent of the Neighborhood Commercial zone. Drive-Thru Window and Lane Standards To ensure that the drive-thru windows and lanes for all uses meet the policies provided in the Comprehensive Plan and the intent of the village center regulations, staff and the applicant developed draft standards that would apply to all drive-thru’s in the district. These standards will ensure that the design of the drive-thru is compatible with the strict architectural controls of the Village Center zone while ensuring that the development is pedestrian oriented. The attached draft amendments will add standards to LMC 16.59.060.C.3.n. to address these issues. The focus of the draft standards for review includes:

• Requiring drive-thru’s to be accessory to the principal use of the building that also includes interior space to enter the building. This standard will encourage pedestrian use by eliminating drive-thru kiosks such as espresso stands.

• The draft standards require the drive-thru lane and window to be screened when visible from a public street using architectural projections, fencing, landscaping, or some combination of these elements. This is important considering this zone’s focus on pedestrian orientation and higher standards for architectural control.

• Drive thru-lanes and windows are required to be located more than 150 feet from adjacent residential uses. This is to address potential noise and light issues in close proximity to existing residential neighborhoods.

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• Require drive-thru stacking and queuing to not impede pedestrian or bicycle access to the building.

• Require drive-thru lanes for restaurant uses to only be allowed in multiple tenant buildings that are set back from intersections. This will ensure that there will not be an over proliferation of drive thru windows and that the prime intersection corners will not be occupied by a single fast food tenant.

RECOMMENDATION: Staff will provide an introductory briefing related to the request. The full staff analysis will be presented at the Planning Commission public hearing scheduled for April 18th. Public notice of the hearing will be published in The Olympian and directly mailed to all property owners within 300 feet of the Village Center Community Commercial zoning district. The applicant will also be available at the April 4th meeting to present their proposal and answer any questions.

Lacey Municipal Code

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4.4.17 DRAFT 16.59.050 Permitted Uses. The following uses are permitted in a village center, subject to all the applicable development standards and requirements.

…

O. Permitted Uses in Both Community Commercial or Neighborhood Commercial Components

Answering service

Antique store

Bakery

Banks and other financial services

Bar and cocktail lounge (c)

Barber shop

Beauty salon

Book store

Business and professional offices

Business support services

Cafes

Cafeteria

Camera store

Clothing store

Coffee shop

Colleges and trade schools

Confection stores

Cultural facilities

Day care

Deli

Drugstore

Dry cleaner

Fabric and Dry Goods store

Florist

Food and liquor store

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Gallery

Gas station (c)

Gift store

Graphic arts and printing services

Grocery and produce

Hardware store and garden supply

Health club, gym

Home furnishings

Instruction studio

Jewelry

Laundromat

Light manufacturing (c)**

Meat and fish shops

Medical and dental services

Music and dance studios

Novelty

Nursery and Garden Supply

Office supplies

Personal services

Pet store

Photo shops

Post office

Pre-existing residences

Professional offices

Radio, TV, music store

Residential*

Restaurant (except drive-thruough facilities not permitted in Neighborhood Commercial)

Schools-commercial

Shoe and shoe repair stores

Small appliance and electronic equipment repair

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Soda fountain

Specialty food

Sporting goods

Supermarket

Stationery store

Tailor

Telecommuting services

Testing laboratories and facilities (c)

Theater, over 50 seats (c)

Toy store

Travel and other agencies

Variety store

Veterinarian

Video rental

(c) Conditional uses, subject to special review and approval, provided no conditional use is required where such use is identified for the site in the master plan.

* Apartments may be permitted above retail. Such units shall not count against calculations of a required multifamily/single family mix.

** Light manufacturing uses may be permitted only if administrative offices address the street and the use is consistent with character of area, and provided further the square footage shall be less than 20,000 square feet.

*** Uses similar to uses listed above may be approved by the site plan review committee upon finding such use is consistent with the intent of this chapter and in the best interest of the village center residents. (Ord. 1024 §47, 1995).

16.59.060 Village Center Design …

C. Site Planning.

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3. Expectations for Commercial Development.

a. Height. Commercial structures shall not exceed fifty feet in height within one hundred feet of existing residential homes except for tower elements which may extend to sixty feet in height, but shall not exceed a footprint area of four hundred square feet.

b. Setbacks and Configuration. In general, retail buildings which house a series of small ancillary shops shall come to the street right-of-way; anchor stores shall face the main street. Anchor stores shall be located with arterial exposure and pedestrian connections.

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Small ancillary shops located further into the village, as a whole, shall orient toward main street on pedestrian connections or the village green. In this area, arcades are encouraged and shall come to the street right-of-way or a designated pedestrian connection. Where an arcade is not used, buildings may be set back up to a maximum of five feet; display bays may extend into this setback.

Additional setbacks of up to twenty feet may be provided for small plazas and outdoor seating. Awnings may extend up to six feet into street rights-of-way. All buildings shall be set back at least five feet from property lines abutting residential areas. Parking lots for ancillary shops shall be located to the side or behind buildings.

c. Facades. Building facades must be articulated at a minimum with windows, entries, and/or display bays. Continuous outdoor arcades are strongly encouraged.

The architectural treatment of the front facade shall be continued, in its major features, around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details.

All visibly exposed sides of a building should have an articulated base course and cornice. The base course should align with either the kickplate or sill level of the first story.

The cornice should terminate or cap the top of a building wall, may project horizontally from the vertical building wall plane, and may be ornamented with moldings, brackets, and other details.

The middle section of a building may be horizontally divided at the floor, lintel, or sill levels with belt or string courses. Refer to Table 16T-43.

The buildings facing a public street or internal open space, shall be architecturally emphasized through fenestration, entrance treatment, and details. Buildings with more than one facade facing a public street or internal open space shall be required to provide several front facade treatments. Refer to Table 16T-44.

d. Mixed Use Structures Facade Treatment and Design. Commercial uses can be contained in multi-story, mixed-use structures with commercial/retail uses on the ground level and apartment dwellings or offices on the upper levels. Such buildings may vary in terms of footprint and architectural elevations.

If buildings house second story residential uses, bays and balconies are recommended every twenty-five to thirty feet on upper floors. Facades shall not consist of an undifferentiated blank wall when facing a public street or pedestrian connection.

Towers, or other special vertical elements may be used throughout the shopping area to ensure that the entire complex functions as a unit.

In mixed-use buildings, the difference between ground floor commercial uses and entrances for upper level commercial or apartment uses should generally be reflected by differences in facade treatment. Storefronts and other ground floor entrances shall be accentuated through cornice lines. Further differentiation can be achieved through distinct but compatible exterior materials, signs, awnings, and exterior lighting. Refer to Table 16T-45.

e. Windows. Ground floor retail, service, and restaurant uses shall have large pane display windows. Such windows shall be framed by the surrounding wall and shall not exceed seventy-five percent of the total ground level facade area.

Display windows must line facades facing public streets and pedestrian connections. Window frames shall provide reveal with the exterior finish (not flush). All windows shall occur above a stem wall at least two feet high and shall not extend to the ground level.

Windows shall be vertically proportioned wherever possible. To the extent possible, upper story windows shall be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows. Refer to Table 16T-46.

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f. Roofs. Gable, saltbox, or vegetated roofs are the preferred roof types. Flat and mansard roofs are generally discouraged. Where flat roofs are necessary for larger anchor commercial, community-oriented structures, or vegetated roof designs, gable elements and other architectural elements must be used to break up the roof line and create architectural interest consistent with the design vocabulary. Roof types should be appropriate to the building’s architecture. Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers, and other similar elements are encouraged. Refer to Table 16T-47.

g. Materials. For exterior finishes masonry or wood siding is recommended. Other building materials used locally such as concrete block and CMU are also acceptable if special consideration is given to design. Rated panel siding such as T1-11 shall not be allowed. Techniques that provide architectural interest like texturing, fenestration and modulation shall be used. Materials are not as important as the overall objectives of providing human-scaled building elements and finishes with architectural interest.

h. Entries. Primary entries shall address a public street or designated pedestrian connection. Secondary entries may face parking lots or loading areas. Anchor store entries must, at a minimum, face main street. Anchor stores shall provide continuous sidewalks that connect with adjacent streets and the pedestrian connection. Ancillary shops should normally provide entries every twenty-five to thirty feet. Upper story residential uses should have entries every fifty to seventy feet.

All entrances to a building shall be defined and articulated by architectural elements such as:

(1) Lintels.

(2) Pilasters.

(3) Columns.

(4) Porticos.

(5) Porches.

(6) Overhangs.

(7) Railings.

(8) Balustrades, and others, where appropriate.

Any such element utilized shall be architecturally compatible with the style, materials, colors, and details of the building as a whole, as shall the doors. (See Table 16T-48.)

i. Square Footage. The maximum ground level footprint of commercial uses along a main street should normally be limited to ten thousand square feet. Provided that an anchor store with arterial exposure may be of appropriate size to service the designated market area for a neighborhood commercial area or community commercial area.

j. Awnings. Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, if they complement a building’s architectural style, materials, colors, and details and do not conceal architectural features. Canvas is the preferred material, although other water-proofed fabrics may be used; metal or aluminum awnings are prohibited. In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure. Refer to Table 16T-49.

k. Compatible Materials and Colors. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures.

All materials, colors, and architectural details used on the exterior of a building shall be compatible with the building’s style, and with each other.

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l. Corner Stores. Corner stores may be located in residential areas of the village center away from the core, provided they are located on Type 2 or 3 residential streets. Corner store buildings shall be designed to appear semi-residential and shall be limited to one ground level commercial use not to exceed two thousand square feet in gross floor area. Apartment dwellings should be located on the upper level(s) to help integrate the building into the residential area.

The commercial use in a corner store shall be primarily oriented to serve the residents of the immediately surrounding neighborhood. Refer to Table 16T-50. A corner store building shall be set back a maximum of ten feet from the right-of-way line.

m. Restaurants. Restaurants shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. Refer to Table 16T-51. The following standards and guidelines are applicable:

(1) To allow for pedestrian circulation, a minimum of five feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables and other encumbrances and delineated in some fashion for visually impaired persons.

(2) Planters, posts with ropes, or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.

(3) Extended awnings, canopies, or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.

(4) Outdoor cafes shall be required to provide additional outdoor trash receptacles.

(5) Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

(6) Outdoor cafes shall not be entitled to additional signage, over and beyond what is permitted for this type of establishment.

(7) The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of their activities.

n. Drive-thru facilities. Where a drive-thru is proposed as part of a building, the following requirements shall apply:

(1) The drive-thru shall be accessory to the principal use of the development, which includes interior space for customers to enter the building for goods or services.

(2) The entrance and exit for the drive-thru lane shall not be located on a public street.

(3) The drive-thru lane and the drive-thru window shall be screened when visible from a public street. Screening shall include architectural projections, fencing, landscaping, or a combination of these elements.

(4) Drive-thru lanes and windows shall be located a minimum of 150 feet from adjacent residential uses. Drive-thrus are permitted on the same property as residential uses provided that the residential uses are not located on the ground floor.

(5) Drive-thru lanes shall not result in queuing or stacking which impedes pedestrian or bicycle access or mobility.

(6) Drive-thru lanes for restaurant uses shall only be allowed in buildings divided into multiple tenant spaces.

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(7) Drive-thru lanes for restaurant uses shall be located more than 150 feet from a signalized intersection.

no. Commercial uses shall be permitted to have sidewalk displays of retail merchandise. Refer to Table 16T-52. The following standards and guidelines are applicable.

(1) Sidewalk displays of merchandise similar to merchandise sold within the store are permitted directly in front of an establishment; provided, that at least five feet of clearance is maintained at the storefront entrance and delineated in some fashion for visually impaired persons. The display must be located against the building wall not more than three feet deep, and the display area may not exceed seventy-five percent of the length of the storefront.

(2) Display cases shall be permitted only during normal business hours and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.

(3) Sidewalk displays shall maintain a clean, litter-free, and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.

…

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Staff Report April 4, 2017 Page 1 of 2

PLANNING COMMISSION STAFF REPORT

April 4, 2017

SUBJECT: Lacey Municipal Code Audit

________________________________________________________________________ RECOMMENDATION: Staff will provide an overview of an audit to the zoning, land division,

and design review standards contained in the Lacey Municipal Code.

TO: Lacey Planning Commission STAFF CONTACTS: Rick Walk, Community Development Director Ryan Andrews, Planning Manager Christy Osborn, Associate Planner ATTACHMENT(S): 1. 2017 Lacey Development Code Audit-Items to Review & Address PRIOR COUNCIL/ COMMISSION/ COMMITTEE REVIEW: None

BACKGROUND: The state Growth Management Act (GMA) requires counties and cities to periodically conduct a review of their comprehensive plan and regulations to bring them up to date with any relevant changes in the GMA and to respond to changes in land use and population growth. This review is required to take place every eight years. A thorough review of the plan was completed last year with updates to the land use, environmental, housing, utilities, and economic development elements. This review included identification of goals, policies, and implementation strategies that identify measures necessary to implement the goals and policies contained in the plan. In addition, pertinent amendments to development regulations have been adopted as identified in the plan. These amendments include:

Amended density standards in Moderate and High Density Residential Districts to raise minimum densities

Amended height standards in Moderate and High Density Residential Districts to raise maximum permitted heights for multi-family structures

Repealed LMC 16.20-Transistion Areas for Multi-Family Development

LMC 16.30 from the Office Commercial District to the Community Office District, and repealing LMC 16.30, Business Park District

LMC 16.82, Development Agreements for compliance with state law

LMC 16.24, Woodland District

Amended critical areas regulations for Wetlands Protection, Habitat Conservation Areas Protection, Wellhead Protection and Aquifer Recharge Areas, Flood Hazard

Staff Report April 4, 2017 Page 2 of 2

Protection, and Geologically Sensitive Areas Protection; including the addition of a required 200-foot buffer area adjacent to Woodland Creek

Addition of an Impact Fee Chapter (schools)

Amended Environmental Policy (SEPA) chapter

Amended Historic Preservation & Cultural Resources chapter Development regulations encompass a variety of land use regulations, such as zoning, subdivisions, critical areas, landscaping, signage, and design standards. In communities planning under the GMA, development regulations are required to be consistent with adopted comprehensive plans. Changes to development regulations typically occur over time and in an incremental fashion. In some cases, these incremental changes create conflicts and internal inconsistencies the code. The implementation of changes to development regulations also provides useful information on modifications that are necessary to apply the standards as intended. The audit of the zoning, land division, and design review codes is intended to provide a comprehensive review of land use development regulations that are under the purview of the community and economic department and address the following issues:

Implement goals and policies in comprehensive plan

Review design standard for infill and high density development, ensure compatibility with adjacent properties

Identify redundancies, inconsistencies, and conflicting language with comprehensive plan intent and between chapters

Include provisions to address reasonable accommodations in planning and building standards that comply with Fair Housing Act and Washington Housing Policy Act

Amend LMC 16.68, Wireless Communications to update siting and design standards for wireless communication facilities and permit timing requirements in accordance with changes in federal law

Ensure compliance with changes in state and federal law requirements

Address issues with implementation of development regulations Community and Economic Development staff have been identifying items in the development code that need to be reviewed and addressed as part of the code audit. A list of these items has been attached to the staff report. Additional items will be identified during the audit of the code. The Planning Commission will begin their review of the code with proposed changes to Title 15, Land Division at your meeting scheduled for April 18th. This title regulates the division of land such as short plats, binding site plans, subdivisions, condominiums, and design standards applicable to land divisions and alterations. Land divisions are required to comply with state law established in Chapter 58.17 RCW, the comprehensive plan, and other city plans, policies, and standards. The code audit will also include review of Title 14, Buildings and Construction, and Title 16, Zoning. In addition, some changes will also be made to other titles as needed. RECOMMENDATION The Planning Commission will review information regarding the code audit and recommend any changes or additional topics to be explored during the review process.

Draft-March 30, 2017

1

2017 LACEY DEVELOPMENT CODE AUDIT ITEMS TO REVIEW &ADDRESS

Add procedures for reasonable accommodation under the Fair Housing Act (see TRPC memo on Fair Housing Regulations and Issaquah Municipal Code 18.07.400) Added to Housing Element,-Title 9 (LMC 9.48-Fair Housing Practices)

LMC 16.25.090 (O)(4) Table 14T-16 is referenced but links to a table depicting the Woodland District, not the CBD districts. (Is this just a link issue or no table)

Remove the Health Dept. signature requirement for final plats when potable water and sewer are provided by the City.

Setbacks for swimming pools (Review state health standards, fencing, etc.)

LMC 15.10.200 D change left hand margin from 3” to 2”.

LMC 14.23.074.D.3 remove: “see design requirement LMC 14.23.072(A)(5)”

Chapter 15.06 Binding Site Plans 15.06.060.S. 2. Remove language according to Monty Bryant: “The binding site plan and section survey shall be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles, and calculations required to determine corners and distances of the binding site plan shall accompany this data. The allowable error of closure shall not exceed one foot in five thousand feet.”

15.06.090.A The final binding site plan shall be clearly and legibly drawn in permanent black ink upon mylar or paper. (Paper for recording?)

15.06.090.B The scale of the binding site plan shall be not less than one inch equals fifty feet nor greater than two hundred feet. Lettering shall be at least three-thirty seconds inch high. Lettering size shall be at least eight point font. The perimeter of the binding site plan being recorded shall be depicted with heavier lines wider than the remaining portion of the binding site plan.

15.06.090.D A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of three two inches on the left side, and one-half inch on each of the other three sides.

Definition for “Adjacent”

An application becomes invalid or “expired” from 18 months of date of last additional info needed letter. All materials in letter required to be submitted within this time. Add to 1B.050.C

Street connectivity ordinance-What portion is applicable in code audit

Remove “Industrial” district LMC 16.42

Eliminate Hearing Examiner approval of plat extensions. Replace with staff (SPR Committee?) approval of extension requests.

Repeal collective garden regulations after July 1, 2016

Repeal Medical Marijuana provisions out 9.44.130-180

Add 30% conifer requirement for all new plantings-per Galen recommendation.

I was looking at the definition of yard and we might want to consider modifying the language when we make changes to the development code. It currently defines a yard

Draft-March 30, 2017

2

as an unoccupied open space. Since we allow exceptions for certain uses in these areas we should include a caveat in the definition.

Clarify definitions of boarding houses, bed and breakfasts, do we address AirBnB?

Remove 200’ stream buffer in LHN zone.

Urban agriculture standards require chicken houses no closer than 10’ from property line but doesn’t distinguish front/rear/side. 10’ should be rear/sides and no closer than the main structure on the front.

Change multi-family signs to be treated same as commercial. Add a reference that subdivisions comply with 16.75.090 in 16.75.070 table.

These definitions are not in alphabetical order: 16.06.670 Property line 16.06.670A Rain garden 16.06.671 Religious Organization 16.06.672 Recreational vehicle 16.06.674 Recreational vehicle park 16.06.676 Recreational vehicle site 16.06.677 Reserve lot

16.14.035 (Lacey Historic Neighborhood) Density—This exists in the table of contents but there is no code section in the body of the chapter.

Adult family homes, family daycare homes—revisit state laws as these have changed incrementally over time and remove reference to # of people and defer to state law

Determine and define how density is calculated.

Change definition of multi-family in 14.23 to match Title 16

Review issue of requiring % of housing units to be affordable w/ management oversight for density bonuses (review laws and legal basis)-Inclusionary Zoning Requirements?

16.84.110 Binding Site Plans-Is there a reason that final BSP standards are outlined in this chapter other than state as review required and put final standards in subdivision section?

Binding Site Plan requirements for mobile home parks and recreational vehicle parks

Mobile Home Parks transition language? Regulations for transitioning these areas, what does law allow?

Make Hearings Examiner and Hearing Examiner spelling consistent

Change Community Development to Community and Economic Development references throughout the code

Effect of no comment on land use referrals

LMC 16.68 Wireless Communications-review and update in accordance with state and federal law requirements

Clarify fencing allowances-yard heights, site distance requirements on corner lots

Review provisions for potential affordable housing allowances – tiny houses, public agency and church developments, accessory residential units

Public sewage disposal required for all new lots (15.12.040)

Time limitations on bonding and financial securities

Correct document references

Draft-March 30, 2017

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16.03.055 Minimum Density Requirements-review provisions

Chapter 16.09-Add language regarding zoning district boundaries (center line of ROW, property line, etc.)

Use matrix in each zoning district for permitted, conditional, etc. uses that are consistent in design and information content across each district

16.99.010-Fees-wording may need to be revised with proposed fee schedule

Review the development regulation requirements contained in 36.70A-GMA o 36.70A.400-Accessory apartments o 36.70A410-Residential structures occupied by persons with handicaps o 36.70A450-Family day care provider’s home facilities o 36.70A.530-Land use development compatibility with military installation o 36.70A.540-Affordable housing incentive programs o 36.70A.605-Electrical Vehicle infrastructure

Change Chapter 16.53 Historic Preservation Title 16 Table of Contents to “Historic Preservation & Cultural Resources”

Change Chapter 14.36 Critical Aquifer Recharge Areas Protection in Title 14 Table of Contents to “Wellhead Protection and Critical Aquifer Areas”

Maintenance of off-street parking

Review definition sections for consistency and inclusion of relevant terms

Updates to Chapter 14.32 to implement updated goals and policies in the Lacey Urban Forest Management Plan