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Ordinance No. 00476

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 City Council Meeting minutes of Aug 18 2008

ORDINANCE NO. 476

AN ORDINANCE of the City Council of the City of Lakewood, Washington, establishing interim zoning controls for the Tillicum area of the City and continuing the preparation of a sub-area plan.

WHEREAS, on July 16, 2007, pursuant to the requirements stated in RCW 35A.63.220, the City adopted Ordinance No. 451, imposing a development moratorium on the Tillicum area; and,

WHEREAS, on January 14, 2008, a duly noticed public hearing was held regarding this moratorium, which included discussion of the use of a set of interim zoning regulations for the Tillicum area; and,

WHEREAS, following the January 14, 2008, public hearing the City Council adopted Ordinance No. 465, establishing a system of interim zoning controls for the Tillicum area and initiating the preparation of a sub-area plan; and,

WHERREAS, pursuant to the requirements of the Growth Management Act and the applicable state regulations, the interim zoning controls for the Tillicum area expired six months after the passage of Ordinance No. 465; and,

WHEREAS, the City?s Planning Advisory Board has commenced preparing a detailed sub-area community plan for the Tillicum community, but this plan was not completed prior to the expiration of Ordinance No. 465; and,

WHEREAS, until the sub area plan is complete, the City requires a system of interim zoning controls to guide the revitalization of the Tillicum area and redevelopment in a manner that facilitates improved quality of life for Tillicum residents, increased economic activity, and a development pattern that takes advantage of the increased intensity of uses made possible by the extension of sewer service; and,

WHEREAS, the City has received approximately $6,000,000 from the Washington State Trust Fund and approximately $3,000,000 in other grant funding appropriated for the extension of sewer service to the Tillicum and American Lake Gardens areas; and,

WHEREAS, the City is investing approximately $900,000 of its own public funds into the extension of sewer service to the Tillicum and American Lake Gardens areas; and

WHEREAS, the extension of sewer service is a project conducted in the interests of protecting the public health, safety and welfare, and is expected to result in increased development potential for the Tillicum area; and,

WHEREAS, the City Council of the City of Lakewood has previously determined that uses inconsistent with the revitalization and redevelopment of the Tillicum area and uses inconsistent with the provision of sanitary sewers for this area are hereby found to be contrary to the public interest and safety; and,

WHEREAS, the City Council has previously found that the proposed interim development restrictions represent a reasonable precaution to preclude uses which are likely to be inconsistent with the intent of the forthcoming community plan, while at the same time allowing for a wide variety of consistent uses to be developed; and,

WHEREAS, pursuant to RCW 35A.63.220, as the interim zoning controls set forth below were adopted without a public hearing, within sixty (60) days of the passage of this set of interim zoning controls the City Council must hold a public hearing and make findings of fact supporting these interim zoning controls.

NOW, Therefore, the City Council of the City of Lakewood, Washington, does hereby ordain as follows:

Section 1. Community Planning Area Established. A specific area to be known as the Tillicum Community Planning Area is hereby established. The boundaries of this area are shown on ?Exhibit A? attached to and hereby incorporated into this ordinance.

Section 2. Creation of a Tillicum Community Plan. The Community Development Department is directed to continue with the preparation of a sub-area plan for the Tillicum Community Planning Area. The plan should focus on accommodation of land uses and redevelopment opportunities that take advantage of the extension of sewer service to the area. The Community Development Department is further directed to utilize the ?Progress!- A Vision for Tillicum? document (BCRA Architects, 2007) as one resource to inform the development of the community plan.

Section 3. Interim Zoning Controls. Upon adoption of this ordinance, the zoning regulations contained in Lakewood Municipal Code Title 18A shall be considered modified as follows when applied to properties and projects within the Tillicum Community Planning Area:

A. Interim Use Restrictions in the NC2 Zoning District. The following use types, although otherwise permitted in the NC2 zoning district, shall not be permitted in the NC2 zoning district within the Tillicum Community Planning Area:

1. Single Family Residential (Level 2/3)

2. Assisted Living Facilities

3. Nursing Home

4. Government Administration Facilities (Level 2)

5. Convenience Commercial (Level 2/3)

6. Limited Manufacturing/Assembly (Level 1)

7. Type 2 Group Home (Level 3)

8. Public Maintenance Facilities (Level 2)

9. Type 3 Group Home (Level 1/2)

10. Public Safety Services (Level 1)

11. Communication Facilities (Level 2)

12. Electrical Facilities (Level 2)

13. Motor Vehicles Sales and Rental (Level 1)

14. Motor Vehicles Service and Repair (Level 2)

B. Interim Use Restrictions in the MR2 Zoning District. The following use type, although otherwise permitted in the MR2 zoning district (upon the issuance of a conditional use permit), shall not be permitted in the MR2 zoning district within the Tillicum Community Planning Area:

1. Type 3 Group Home (Level 1)

C. Interim Development Standards- Parking. A reduction in the number of off-street parking spaces required by LMC Section 18A.50.560 may be granted as a condition for the issuance of a Site Development Permit or Zoning Certification, provided that the following criteria have been met:

1. The intent of LMC Section 18A.50.500 to allow the provision of sufficient off-street parking to meet the needs of urban development, but not an excess surplus of spaces, and to promote more efficient use of the City's transportation facilities by encouraging the movement of people from place to place via alternative modes of transportation other than the single-occupant vehicle, shall be preserved.

2. The amount of off-street parking to be provided will be sufficient to serve the uses for which it is intended.

3. The reduction in required off-street parking is based on a parking study prepared by a registered professional engineer. Said study shall include, at a minimum, the following:

a. Size and type of uses or activities on site;

b. Composition of tenancy on site;

c. Rate of parking turnover;

d. Peak traffic and parking loads to be encountered;

e. Local parking habits;

f. Availability of public transportation.

D. Interim Development Standards ? Landscaping. In order to accommodate a rich mixture of land uses within a limited space, the Community Development Director is hereby authorized to allow for deviations from the strict requirements of the landscaping provisions of the zoning ordinance (LMC Title 18A) in order to promote beautification, appropriate demarcation of spaces, screening of service and outdoor storage areas, and creation of a unified streetscape treatment. Reductions in minimum landscaping requirements may be permitted where appropriate to create an integrated ?mixed-use urban village? design concept which provides for integrated relationships and minimizes the spatial barriers between individual properties.

E. Interim Development Standards- Building Height. Maximum building height for the portions of the NC2 zoning district located on the southeast (freeway) side of Union Avenue SW shall be limited to 40 feet.

F. Interim Development Standards- Drive-through Facilities. Drive-through facilities (as described in Lakewood Municipal Code Section 18A.20.600.G) shall not be permitted in the NC2 zoning district on the northwest (lake) side of Union Avenue SW.

G. Interim Development Standards- Signage. Freestanding signage for properties zoned NC2 shall be limited to Type A and B pole signs as permitted by LMC section 18A.50.655.C. Type C and D pole signs shall not be permitted. Signage shall otherwise be regulated by the provisions of LMC 18A.50.600.

H. Design Guidelines- Small Lot Residential Development. The following design guidelines shall apply to any new single-family or two-family residential development proposed on lots 5,000 sq. ft. or less in size. These guidelines may also be applied to multifamily residential development consisting of detached residential units on a common parcel.

1. Landscaping Standards

Intent: The intent of these requirements is to: 1) provide for an aesthetically pleasing residential environment; 2) to perpetuate the sylvan character of the City and protect the integrity of the urban forest; 3) to take advantage of landscape design opportunities to address solar gain and conserve energy; 4) to protect slopes, prevent erosion, control dust and protect surface water quality; and 5) to facilitate stormwater infiltration and groundwater recharge.

Requirements: Landscaping and landscape plans are required for all new structures. Landscaping and landscape plans shall generally include:

 A mix of hardy native evergreen and deciduous trees and shrubs to soften building forms and provide for a visual transition between the structure and the surrounding yard spaces shall be provided. Ground cover shall be provided where appropriate to protect slopes and prevent erosion.

 All areas of the lot not covered by buildings or on-grade surfacing shall be landscaped, either with pre-existing natural landscaping, or with installed or cultivated landscaping for the disturbed portions of the property. Decks, patios and other such features may be installed in lieu of landscaping consistent with development standards regarding impervious surface coverage.

 Street trees. A minimum 2-1/2 inch caliper street tree shall be installed on each lot with street frontage. Parcels with more that 70 feet of street frontage shall install one street tree for every 30 feet of street frontage, generally spaced 30 feet apart.

The Community Development Director may adjust the landscaping requirements listed above to accommodate specific situations in the field and find alternative solutions to satisfy the intent of this section.

2. Driveway and Curb Cut Standards

Intent: The intent of this section is to encourage thoughtful, creative, and coordinated design of driveway layouts that provide for the community interest and take advantage of design opportunities to maximize public benefits.

Guidelines:

? Driveways which access onto public streets should be spaced to minimize access points and to maximize the amount of on-street parking available.

? If alley access is available or is provided within the development, vehicle access should be from the alley with no curb cuts.

3. Roof Pitch (Minimum /Maximum)

Intent: The intent of this section is to help provide a residential scale and convey an impression of permanence and high design quality in new housing construction. New construction should maintain and/or improve the character of residential neighborhoods.

Guidelines:

? Structures should incorporate pitched roof forms having slopes between 2:12 and 15:12 or greater (not applicable to porches and dormers). Flat roofs with parapets, or which manifest a strong design form may also be allowed.

? Gables or other roofline variations (i.e., parapets, second roof, dormers, etc?) facing the street are encouraged.

? Dormers, chimneys, bay windows and other architectural features may be incorporated to break up long lengths of roof.

4. Windows

Intent: The intent of this section is to help maintain residential character and provide for varied streetscapes and interesting building elevations.

Guidelines:

? Windows should be emphasized on primary building fa?ades facing streets, comprising at least 15% of the maximum glazing permitted by the Washington State Energy Code.

? Windows should have visually prominent trim and accent elements, at least 3" in width.

? Decorative window features are encouraged, such as:

a) sun shading devices

b) planter boxes and trellises

c) accent trim

d) window shapes that contribute to an overall composition

5. Modulation of Exterior Walls

Intent: The intent of this section is to provide visual interest and variety along the streetscape through modulation of building forms.

Required Standards:

? Buildings shall include modulation along the building fa?ades facing and visible from public rights-of-way and private access driveways and roads. Flat blank walls are discouraged.

? Horizontal fa?ades longer than 30 ft shall be articulated into smaller units, of the residential scale. At least two of the following methods shall be included:

a) distinctive roof forms and wall forms or elements

b) changes in materials or patterns

c) windows (shape, trim, pattern and or details)

d) color differentiation

e) recesses / offsets / cantilevers. Architectural features (bays, bows windows and awnings or lower roofs)

6. Location of Garages

Intent: The intent of this section is to ensure that garage doors and automobiles do not dominate the street-facing building fa?ades or obscure pedestrian entryways and ensure that adequate off-street parking is provided.

Guidelines:

? When garage doors are facing the street or private driveways, they should be set back at least 20 feet from the property line, sidewalk, or edge of pavement of a private street.

? Where alleys exist, access to garages should be primarily off the alley.

? Where street parking is limited or restricted, each lot should provide for a minimum of two fully enclosed parking spaces with a driveway area that can accommodate a minimum of two vehicles.

? When feasible, entry to the garage should be setback further than the face of the main structure, oriented away from the primary street frontage (e.g. a ?swing? garage, or a garage facing a secondary street or alley), setback substantially from the primary street frontage, or otherwise architecturally treated so as to reduce the visual presence of the garage as a part of the building facade and/or streetscape.

Section 4. Union Avenue SW Design. Union Avenue SW is expected to be developed as a Minor Arterial Street pursuant to LMC 12.03.040. Additional right-of-way, when required, shall be obtained from both sides of the street to create a 60-foot right of way section centered on the current centerline of the roadway. Planned roadway design elements include concrete curbs, gutters, sidewalks, bike lanes, one travel lane in each direction, and a center two-way left turn lane.

Section 5. Severability. If any portion of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.

Section 6. Effective Date. That this Ordinance and the interim zoning controls and provisions provided for herein shall be in full force and effect upon passage and signatures hereon. Pursuant to RCW 35A.63.220 a public hearing must be held within sixty days after the passage of this ordinance and immediately thereafter findings of fact must be found to support this ordinance. The interim zoning controls set forth herein may remain in effect for six-months from the date of passage and signatures below, but may be extended for one or more additional six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.

PASSED by the City Council this 18th day of August, 2008.

City of Lakewood

______________________________________

Douglas G. Richardson, Mayor

ATTEST:

_________________________________

Alice M. Bush, MMC, City Clerk

Approved as to form:

_________________________________

Heidi Ann Wachter, City Attorney