Lacey City Zoning Code
16.60 Planned
Residential Development
Four of the following five amenities must be provided as part of the PRD in order to receive the density bonus as provided in LMC 16.60.140:
A. Develop and equip significant recreational areas within the common open space with such features as, but not limited to, swimming pools, tennis courts, bike or pedestrian path systems, children’s play areas;
16.60.010 Intent.
It is the intent of this chapter to:
A. Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in zoning requirements than is generally permitted by other chapters of this title;
B. Preserve or create environmental amenities superior to those generally found in conventional developments;
C. Create or preserve usable open space for the enjoyment of the occupants;
D. Preserve to the greatest possible extent the natural characteristics of the land, including topography, natural vegetation, waterways, views, etc.;
E. Encourage development of a variety of housing types;
F. Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements;
G. Provide a guide for developers and city officials in meeting the purpose and provisions of this chapter. (Ord. 583 §2.16(A), 1980).
16.60.020 Definitions.
Certain words and phrases as defined in this section shall govern the interpretation of this chapter.
A. “Common open space” means a parcel or parcels of land or a combination of land and water, within the site designed and intended for the use or enjoyment of residents of a planned residential development. Common open space does not include land occupied by buildings, roads, driveways, required parking areas, or the required yards for buildings or structures.
B. “Home owners association” means an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot owner is automatically a member; (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining common property; and (c) a charge, if unpaid, becomes a lien against the property.
C. “Planned residential developments” means any development of land approved and developed in accordance with the terms of this title, including a plat or subdivision of such land.
D. “Residential development” means any development designed and intended for residential use regardless of the type of building in which such residence is located, i.e., conventional single-family dwellings, townhouses, duplexes, fourplexes, or apartment houses. (Ord. 583 §2.16(B), 1980).
16.60.030 Where permitted.
Planned residential development may be permitted in the following land use districts consistent with the development standards in LMC 16.60.060 through 16.60.140:
A. Low density residential district;
B. Moderate density residential district;
C. High density residential district. (Ord. 1539 §100, 2019; Ord. 583 §2.16(C), 1980).
16.60.040 Types of uses permitted.
A. Specific Types Permitted. In a planned residential development, the following uses are permitted, provided that they meet the standards and criteria established in this title:
1. Those uses permitted as a matter of right in the underlying zone;
2. Residential developments of all types as defined in this chapter;
3. As a secondary use, the following neighborhood commercial uses may be permitted in a PRD subject to the limitations set forth in LMC 16.60.130 and shall be located within the interior:
a. Grocery store,
b. Drug store,
c. Barber/beauty shop,
d. Laundromat,
e. Other, unlisted, similar or related uses, provided the enforcing officer and/or the site plan review committee makes the determination that:
(1) The particular unlisted use does not conflict with the intent of this chapter or the policies of the Comprehensive Land Use Plan;
(2) The use is appropriate in the development; and
(3) The development is served by the proposed use.
B. Other or Related Uses Permitted. Other or related uses permitted include:
1. Accessory uses specifically geared to the needs of the residents of the PRD such as motor vehicle or boat storage structures, or structures related to open space use, subject to the building and development coverage limitations of the underlying zone;
2. Conditional uses as provided in Chapter 16.66 LMC;
3. Home occupations as provided in Chapter 16.69 LMC. (Ord. 1220 §50, 2004; Ord. 1192 §158, 2002; Ord. 691 §21, 1984; Ord. 583 §2.16(D), 1980).
16.60.050 Relationship to other ordinance provisions.
A. Zoning Requirements. The provisions of the zoning ordinance pertaining to land use of the underlying zoning district shall govern the use of land in a planned residential development.
The specific setback, lot size, height limits and other dimensional requirements are waived, and provided the City may waive other normal design standards if it finds a proposed design provides a better approach to achieving quality and functional neighborhoods as promoted in Lacey’s land use plan. Regulations for PRDs shall be those indicated in LMC 16.60.140.
B. Platting Requirements. A PRD shall be exempt from the specific design requirements of the subdivision ordinance, except that when any parcel of land in a PRD is intended for individual ownership, sale or public dedication, the platting and procedural requirements of the subdivision ordinance and applicable state laws pertaining to the subdivision and conveyancing of land and the preparation of maps shall be followed.
C. Review Process. Applications for PRDs shall be reviewed pursuant to the quasi-judicial procedures contained in Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §159, 2002; Ord. 1098 §18(A), 1999; Ord. 691 §22, 1984; Ord. 583 §2.16(E), 1980).
16.60.060 Development standards--Generally.
16.60.070 Relationship of PRD site to adjacent areas.
The design of a planned residential development shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize undesirable impact of the PRD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PRD. (Ord. 583 §2.16(F)(1), 1980).
16.60.080 Site acreage.
The minimum site for a planned residential development shall be a full block or a portion of a block if it was a numbered block in the original plat of the city, or a numbered block of a subdivision recorded prior to the adoption of the ordinance codified in this title. For all previously unplatted areas, the minimum site shall be two acres. (Ord. 691 §23, 1984; Ord. 583 §2.16(F)(2), 1980).
16.60.090 Access to public right-of-way.
The major internal street serving the PRD shall be connected to at least one major arterial, secondary arterial or collector street. (Ord. 583 §2.16(F)(3), 1980).
16.60.100 Lot size.
The minimum lot size provisions of other chapters of the zoning title are waived in a planned residential development. (Ord. 583 §2.16(F)(4), 1980).
16.60.110 Setback and side yard requirements.
A. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the projections of the Comprehensive Plan. In no event shall such setback be less than twenty feet.
B. Setbacks or side yards between buildings: The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the property line as in townhouse construction.
Wherever buildings are separated, a minimum distance of ten feet shall be maintained between such buildings. (Ord. 583 §2.16(F)(5), 1980).
16.60.120 Off-street parking.
Off-street parking shall be provided in a PRD in the same ratios for types of buildings and uses as required for the underlying zoning district, and as described in Chapter 16.72 LMC. (Ord. 583 §2.16(F)(6), 1980).
16.60.130 Secondary use limitations.
A. Commercial uses are subject to full administrative review procedures contained in Section 1C.040 of the City of Lacey Development Guidelines and Public Works Standards and shall be provided for in the original, finally approved version of the PRD application for the development within which the commercial use is to be integrated. “Original,” as is used in this subsection, refers to the PRD application as it existed at the time of its final approval by the city council.
B. The gross floor area of the commercial use shall not exceed the product of thirty square feet multiplied by the number of dwelling units within the development.
The purpose of restricting commercial development is to prevent the PRD process from being used as a vehicle for rezoning to commercial use which may not be at all related to the commercial needs of the area. Once a relatively large number of dwelling units have been completed or occupied, the need for such commercial development may be justified. (Ord. 1208 §67, 2003; Ord. 1192 §160, 2002; Ord. 583 §2.16(F)(7), 1980).
16.60.140 Design standards.
A. Open space requirements shall be as follows:
1. Common Open Space. Each planned residential development shall provide not less than thirty percent of the gross land area for common open space which shall be either:
a. Held in single ownership where such ownership assumes full responsibility for maintenance and operation; or
b. Held in common ownership by all of the owners in the development area; or
c. Dedicated for public use, if acceptable to the city.
2. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PRD; provided, that the building coverage of such building or structure combined with the building coverage of the residential structures shall not exceed the maximum permitted by the underlying zone.
3. Up to fifty percent of the common open space requirement may be satisfied by the preservation of tall stands of trees and/or wetlands and/or critical area habitat and required critical area buffers in consideration of the significant passive recreation opportunities provided by said lands. Development shall be configured to take advantage of these areas as a significant site amenity. These areas should be visually accessible to the public rather than walled off from view. To the extent possible, trail networks should be integrated with these areas. For example, a trail along the wetland buffer is a desirable option. The remaining fifty percent of the common open space area must meet the criteria in subsection (A)(4) of this section.
4. Common open space must meet the following design criteria:
a. Must be useable and accessible. All common open spaces intended for public use shall be physically and visually accessible from the adjacent street or major internal pedestrian route. Open spaces shall be in locations accessible to intended users--rather than simply left-over or undevelopable space in locations where very little pedestrian traffic is anticipated. Locations integrated with transit stops, for instance, would be encouraged, as there is likely to be pedestrian traffic in the area.
b. Must be inviting. Inviting open spaces feature amenities and activities that encourage pedestrians to use and explore the space. On a large scale, it could be a combination of active and passive recreational uses. It could include a fountain, sculpture, children’s play area, special landscaping element, or even a comfortable place to sit and watch the world go by. In order for people to linger in an open space, it must be comfortable. For instance, a plaza space should receive ample sunlight, particularly at noon, and have design elements that lend the space a “human scale,” including landscaping elements, benches and other seating areas, and pedestrian-scaled lighting. No use shall be allowed within the open space that adversely affects the aesthetic appeal or usability of the open space. (See Table 16T-83.)
c. Must be safe. Safe open spaces incorporate Crime Prevention through Environmental Design (CPTED) principles:
(1) Natural surveillance--which occurs when parks or plazas are open to view by the public and neighbors. For example, a plaza that features residential units with windows looking down on space means that the space has good “eyes” on the park or plaza.
(2) Lighting that reflects the intended hours of operation.
(3) Landscaping and fencing. Avoid configurations that create dangerous hiding spaces and minimize views.
(4) Entrances should be prominent, well lit, and highly visible from inside and outside of the space.
(5) Maintenance. Open spaces shall utilize commercial grade materials that will last and require minimal maintenance costs. Walls, where necessary, shall be designed and treated to deter graffiti. Use and maintain landscape materials that reduce maintenance cost and maintain visibility, where desired.
d. Provides for uses/activities that appropriately serve the anticipated residents and users of the development. For example, common open space that serves a variety of functions will attract greater usage. When designing open spaces, project applicants should consider a broad range of age groups, from small children to teens, parents, and seniors.
e. Must be designed and placed in consideration of existing and potential open space on adjacent parcels to provide consolidation or opportunities for future consolidation of neighborhood open space areas.
f. Additional Criteria.
(1) Consolidation of open space is encouraged to provide maximum access, visibility, usability, minimization of impacts to residential uses, and ease of maintenance.
(2) Existing trees and significant vegetation shall be retained in open space unless an alternative park/landscaping plan consistent with the criteria herein is approved by the site plan review committee.
5. Cash or like value of land area and improvements may be donated to the city for open space purposes to fulfill up to fifty percent of open space requirements within that specific parks planning area. Acceptance will be at the discretion of the city.
6. Private Open Space. Developments are encouraged to conform to usable open space provisions of the applicable zone. However, at a minimum, three hundred square feet of private, usable open space having a minimum of fifteen feet in depth and width shall be provided for each ground level dwelling unit PRD. Such private open space should be visible and accessible from the dwelling unit. When adjacent to common open space, such private open space is to serve as a buffer between dwelling units and common open space.
B. Land Area and Dwelling Unit Computations. Open space, street area, etc., are computed as follows:
1. Street Right-of-Way. Streets in a PRD shall be computed at twenty percent of the gross land area, regardless of the amount of land actually used for streets in the final design.
2. Density. The density of the underlying zone governs unless a density increase is granted as provided in this chapter.
3. Density Increase. The city may approve an increase in the dwelling unit density up to:
a. In the low density district, fifteen percent.
b. In the moderate density district, twenty percent.
c. In the high density district, twenty-five percent; rounded to the nearest whole number; provided, that the environmental and recreational amenities sought by this title are met.
4. Development Formula. The computation of the number of dwelling units permitted, and other space requirements, shall be as follows:
DU = | N/M X 1.2 (1.2 is the incentive factor). |
G | Is gross land area in square feet. |
S | Is street area (i.e., 20% of G) in square feet. |
DU | Is number of dwelling units. |
M | Is minimum land area per dwelling unit. |
N | Is net buildable site (G-S) in square feet. |
EXAMPLE: In a hypothetical five acre site in the moderate density residential district, thirty-two dwelling units are permitted under conventional development procedures, assuming a minimum lot area of five thousand four hundred forty-five square feet, no dedication for other public use, and twenty percent of the land area dedicated for public right-of-way. The calculations are as follows:
G = | 5 acres = 217,800 sq. ft., gross land area. |
S = | 20% of G = 43,560 sq. ft. of public R.O.W. |
G-S = | 174,240 sq. ft. |
DU = | 174,240/5,445 = 31.6 = 32 dwelling units. |
On the same five acre site, under PRD procedure, thirty-eight dwellings are permitted using the formula shown below:
DU = | N/M X 1.2. |
N = | G-S = 217,800 - 43,560 = 174,240 sq. ft. |
M = | 5,445 sq. ft. minimum lot area. |
DU = | 174,240/5,445 X 1.2 = 38.4 = 38 dwelling units. |
C. Landscaping. All requirements of Chapter 16.80 LMC shall be satisfied. (Ord. 1496 §94, 2016; Ord. 1310 §43, 2008).
16.60.145 Environmental and recreational amenities.
Four of the following five amenities must be provided as part of the PRD in order to receive the density bonus as provided in LMC 16.60.140:
A. Develop and equip significant recreational areas within the common open space with such features as, but not limited to, swimming pools, tennis courts, bike or pedestrian path systems, children’s play areas;
B. Substantial retention of natural ground cover, bushes and trees;
C. Vegetated LID facilities are included in the design and serve as a visual amenity;
D. Provide significant access to a lake, river, stream or other natural water body;
E. Provide substantial and exceptional landscaping treatment either as an adjunct to or in lieu of natural landscaping beyond the minimum required. (Ord. 1496 §95, 2016; Ord. 1310 §44, 2008; Ord. 691 §25, 1984).
16.60.150 Eligibility and procedure.
A. Who May Apply. Any owner or group of owners of property acting jointly, or a developer authorized to act as agent for an owner or group of owners, may submit an application for PRD development.
B. Review Procedure. All PRD applications shall be reviewed and approved or disapproved pursuant to the quasi-judicial procedures contained in Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §161, 2002; Ord. 583 §2.16(G)(1), 1980).
16.60.160 Required documentation.
An application for PRD development shall include the following:
A. Vicinity sketch showing the location of the site and its relationship to surrounding areas, including existing streets, driveways, major physiographic features such as railroads, lakes, streams, shorelines, schools, parks, and other prominent features;
B. A map or maps of the site at a scale not smaller than one hundred feet to the inch, showing all the information required for a preliminary plat plus the following:
1. Site boundaries,
2. Streets bounding or abutting the site,
3. Proposed building including dimensions, setbacks, identification of types and the number of dwelling units in each residential type,
4. Location and dimensions of open spaces,
5. Existing and proposed contours including natural features,
6. Parking facilities, their design, size and capacity,
7. Circulation plan--vehicular and pedestrian, and points of ingress and egress from the site, and their relationship to ingress and egress of neighborhood properties,
8. Existing buildings and indication of future use or disposition,
9. Landscaping plan,
10. Typical front and side elevations and exterior architectural treatments of the proposed units, and
11. Conceptual utility plan, including water, sewer, storm drainage and lighting;
C. In addition to the graphic materials, the developer shall submit a written statement providing the following information:
1. Program for development including estimated staging or timing of development, including build-out data to be submitted to the city and to the North Thurston School District for each year during the construction period,
2. Proposed ownership pattern upon completion of development,
3. Basic content of restrictive covenants,
4. Provisions to assure permanence and maintenance of common open space through homeowners association formation, condominium development or other means acceptable to the city,
5. Statement or tabulation of dwelling unit densities proposed,
6. Statement describing the relationship of the proposed PRD to the Lacey development plan. (Ord. 1192 §162, 2002; Ord. 691 §26, 1984; Ord. 583 §2.16(G)(2), 1980).
16.60.170 Filing time limitation for applications not involving plats.
An application for final review and approval shall be filed by the applicant within eighteen months of the date on which preliminary approval was given by the city council. If an application includes a plat the timing requirements of LMC Title 15 shall apply. An extension not exceeding six months may be granted by the hearings examiner. If application for final approval is not made within eighteen months or within the time for which an extension has been granted, the plan shall be considered abandoned, and the development of the property shall be subject to the normal requirements and limitations of the underlying zone. (Ord. 1192 §163, 2002; Ord. 1098 §18(B), 1999; Ord. 691 §27, 1984; Ord. 583 §2.16(H)(1), 1980).
16.60.180 Partial PRD area.
An application for final review and approval may be filed for part of a PRD area for which preliminary approval has been granted by the city council. A final plan for a part of a PRD shall provide the same proportion of open space and the same overall dwelling unit density as the overall preliminary plan.
If that portion of the PRD for which final approval is requested does not provide such open space, the developer shall file in escrow a quit-claim deed in favor of the city for such additional land area adjacent and accessible to the site, and of sufficient size to provide the open space required to meet the standards of this title. In the event that the developer abandons the remaining portions of the PRD, the escrow agent shall deliver the quit-claim deed to the city or to such other public or private entity as the city may direct.
Note: Final approval of a PRD development plan shall not be construed to be final plat approval. Plat approval is a separate action and shall be in compliance with state and local subdivision and platting regulations. (§164, 2002; Ord. 691 §28, 1984; Ord. 583 §2As stated in 16.60.050(B).) (Ord. 1192, 2002).
16.60.190 Required documentation.
The applicant shall submit at least seven copies of the final development plan of the proposed development to the planning department for its review. The final development plan shall comply with the conditions imposed on the preliminary development plan. In addition, if the development is being subdivided, the data required of regular plats as required by the subdivision ordinance must be submitted. The plan shall include the following:
A. Final elevation and perspective drawings of project structures;
B. Final landscaping plan;
C. Final plans of and including profiles of the drainage, water, sewer, lighting, streets, and sidewalks or pathways;
D. Such other documentation, information and data not lending itself to graphic presentation such as restrictive covenants, incorporation papers and bylaws of Homeowners’ Associations, dedications of easements, rights-of-way, and other conditions specifically required by the hearings examiner for the particular PRD.
No final development plan shall be deemed acceptable for filing unless all of the above information is submitted in accurate and complete form sufficient for the purposes of planning department review. After receiving the final development plan, the planning department shall route the same to all appropriate city departments, and each department shall again submit to the planning department comments and recommendations.
If the city departments determine that the final map conforms fully with all applicable regulations and standards, the final map shall be presented to the city council for final approval. (Ord. 1192 §165, 2002; Ord. 691 §30, 1984).
16.60.200 Permit issuance.
Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when in the opinion of the enforcing official, the work to be performed meets the requirements of the final plan and program elements of the PRD. (Ord. 583 §2.16(I)(1), 1980).
16.60.210 Adjustments.
A. Minor adjustments may be made and approved by the enforcing official when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in the final plan, nor the density of the development or the open space requirements. Such dimensional adjustments shall not vary more than ten percent from the original.
B. Major adjustments are those which, in the opinion of the enforcing officer, substantially change the basic design, density, open space or other requirements of the planned residential development. When, in the opinion of the enforcing officer, a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the hearings examiner of such adjustment. (Ord. 583 §2.16(I)(2), 1980).
16.60.230 Duration of control.
The regulations and controls of the planned residential development ordinance in effect at the time of authorization of a PRD project shall remain in full force and effect for the life of the project. (Ord. 583 §2.16(I)(4), 1980).
16.60.240 Parties bound.
Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PRD, shall be bound by the conditions attending the approval of the development and the provisions of this title. (Ord. 583 §2.16(I)(5), 1980).
16.60.250 Commencement of construction.
Construction of the PRD project not involving a plat shall begin within one year from the date of the final approval of the plan.
An extension of time for beginning construction may be requested in writing by the applicant, and such extension not exceeding six months may be granted by the council. If construction is not begun within one year or within the time for which an extension has been granted, the plan shall be considered abandoned, and the development of the property shall be subject to the normal requirements and limitations of the underlying zone. If the final approval was a plat no timing requirements for construction shall apply. (Ord. 1098 §18(C), 1999; Ord. 583 §2.16(I)(6), 1980).