Lake Forest Park City Zoning Code
CHAPTER 18
42 TOWN CENTER
§ 18.42.010 Purpose.
The intent of the town center zone is to encourage neighborhood and community scale developments and uses which create interesting and vital places for residents of the city and the nearby community. The town center zone should provide for increased diversity of desirable business, commercial, civic, recreation, employment, and housing opportunities, and enable imaginative site and building design that will encourage pedestrian access to employment opportunities, goods and services. Uses in the town center zone should be developed in a manner that is compatible with the residential character and scale of the city.
(Ord. 773 § 3, 1999; Ord. 1217 § 5, 2021)
§ 18.42.020 Permitted uses.
A.
The following uses are permitted in the town center zone, subject to the general provisions as set forth in this title, except where modified by this chapter:
1.
Accessory uses – on-site.
2.
Artisanal/craft production and retail subject to LFPMC § 18.42.040(E).
3.
Assisted housing facilities.
4.
Boutique hotel and temporary lodging.
5.
Business offices and uses rendering professional, personal, medical-dental clinics, leasing offices, and instructional services subject to LFPMC § 18.42.040(F).
6.
Cultural, entertainment, and recreational facilities.
7.
Day care facilities – Type I and Type II subject to LFPMC § 18.42.040(G).
8.
Electric vehicle charging stations.
9.
Freestanding parking structures subject to LFPMC § 18.42.095, such as regional transit authority facilities.
10.
Government buildings and uses.
11.
Instructional institution.
12.
Micro-mobility programs including bicycle sharing and scooter sharing and related infrastructure.
13.
Multifamily dwelling units.
14.
Public markets.
15.
Public utilities.
16.
Retail sales and services subject to LFPMC § 18.42.040(H).
B.
Uses Not Listed. Uses not listed above may be authorized through a development agreement.
(Ord. 773 § 3, 1999; Ord. 1217 § 5, 2021)
§ 18.42.030 Permitted uses – Primary and accessory residential.
Repealed by Ord. 1217.
(Ord. 773 § 3, 1999)
§ 18.42.040 Limitations on use, density, and square footage.
Every use locating in the town center zone shall be subject to the following further conditions and limitations:
A.
Except as allowed in a development agreement, residential use only buildings are not permitted uses; residential uses must be developed in combination with commercial or nonresidential uses as part of a design review permit under LFPMC § 18.42.160. Residential uses may not be developed at a density of greater than seven dwelling units per acre, unless the increase in density is included in a development agreement. Under a development agreement, the maximum density that may be included is 17 dwelling units per acre.
B.
Commercial or active ground floor uses shall occupy the floor(s) below the residential portion of a mixed use building in order to enhance the quiet and privacy for the residents above when both residential and nonresidential uses occupy the same structure, unless authorized in a development agreement.
C.
Business and residential portions of a building must include acoustically insulated walls, floors, equipment, utilities or other suitable architectural features or appurtenances.
D.
Residential, commercial and/or nonresidential applications for development under this chapter must not include more than three acres of real property unless the increase in size is included in a development agreement.
E.
Artisanal/Craft Production and/or Retail.
1.
Artisanal/craft production and/or retail establishments shall occupy a footprint not exceeding 7,000 square feet.
2.
Artisanal/craft production and/or retail establishments shall be open to the public and shall include a retail/eating/drinking/tasting component that occupies a minimum of 10 percent of floor area as defined in LFPMC § 18.08.320.
3.
Artisanal/craft production and retail establishments shall provide street frontage at sidewalk level, a well-marked and visible entrance at sidewalk level, or similar prominent pedestrian access.
4.
All production, processing, and distribution activities shall be conducted within an enclosed building.
5.
a.
Outdoor storage of equipment used in manufacturing artisanal or craft goods is prohibited.
b.
Outdoor storage of materials, products, or similar items incidental to the production and sale of artisanal or craft goods is prohibited except when the storage is fully enclosed; designed in a decorative, aesthetically attractive manner; and integrated into the site or building design in a way that contributes to the pedestrian experience and town center zone character.
6.
Applicable state licenses or permits are required for the operation of an artisanal/craft production and/or retail establishment.
F.
Business Offices and Uses Rendering Professional, Personal, and Instructional Services.
1.
On-site vehicle or tool rentals and similar uses are prohibited.
G.
Day Care Facilities – Type 1 and Type 2.
1.
A city of Lake Forest Park business license is required pursuant to LFPMC § 5.02.030.
2.
Day care facilities shall comply with all building, fire safety, and health codes.
H.
Retail Sales and Services and Other Nonresidential Uses.
1.
Commercial or other nonresidential uses shall be separated from residential uses by acoustically insulated materials or suitable architectural features to reduce noise impacts on the residential portion of the building.
2.
Individual commercial or nonresidential uses shall contain no greater than 35,000 square feet of gross floor area per use. The following exceptions apply:
a.
Freestanding parking structures meeting requirements in LFPMC § 18.42.095.
b.
Government buildings and uses.
c.
Individual commercial or nonresidential uses may exceed the size limitation when authorized by a development agreement, but the size authorized in a development agreement shall not exceed 50,000 square feet.
3.
The following uses are not permitted as a retail, commercial, or other nonresidential use in the town center zone: automobile-oriented uses; car washes; repair or sale of heavy equipment, boats, tires and motor vehicles; and marijuana retail outlets.
(Ord. 773 § 3, 1999; Ord. 1217 § 5, 2021)
§ 18.42.050 Conditional uses.
Unless authorized as a permitted use in LFPMC § 18.42.020, conditional uses authorized by Chapter 18.54 LFPMC are not allowed in the town center zone.
(Ord. 773 § 3, 1999; Ord. 1217 § 5, 2021)
§ 18.42.060 Building height.
Repealed by Ord. 1217.
(Ord. 773 § 3, 1999)
§ 18.42.070 Setbacks.
Repealed by Ord. 1217.
(Ord. 773 § 3, 1999)
§ 18.42.080 Land coverage.
Repealed by Ord. 1217.
(Ord. 773 § 3, 1999)
§ 18.42.090 Screening and landscaping.
Repealed by Ord. 1217.
(Ord. 773 § 3, 1999)
§ 18.42.095 Freestanding parking structures.
The following freestanding parking structure design standards apply in addition to, or as specified below supersede, applicable parking requirements set forth in Chapter 18.58 LFPMC:
A.
Parking Structure Location and Massing.
1.
Facade Alignment. Freestanding parking structure footprints located within 100 feet of Lake Forest Park City Hall shall protrude no further than 10 feet south of the southern (front) facade of Lake Forest Park City Hall. Pedestrian weather protection provided on the exterior of the parking structure, such as a canopy, is exempt from this facade alignment requirement.
2.
Footprint. The footprint or total area of the first level of the structure shall not exceed 45,000 square feet. A full basement floor of the structure (built completely below ground) shall not be included in the calculation of the footprint. A partial basement floor (partially below ground) shall be included in the calculation of the footprint to the extent it is not built underground. The maximum footprint of the structure shall be exclusive of all architectural details, overhangs, decorative elements, and similar features. The maximum overall dimensions of the parking structure shall exceed neither 350 feet in length nor 150 feet in width, which shall be exclusive of all architectural details, overhangs, decorative elements, and similar features.
3.
Base Height. No portion of a freestanding parking structure shall exceed 38 feet above existing grade, inclusive of the height of parapet walls, guardrails, and similar features. Exemptions are allowed pursuant to subsection (A)(5) of this section. Height shall be measured from the existing grade at any point on the perimeter of the structure. "Existing grade" means the elevation of the existing ground surface prior to proposed grading, excavation or fill.
4.
Floor-to-Floor Height. The minimum allowable floor-to-floor height on the ground level shall be 15 feet. The minimum allowable floor-to-floor height on all other levels shall be 10 feet.
5.
Features Exceeding Base Height. The following features may exceed the base height provision if approved as part of a major town center design review project subject to processing under LFPMC § 18.42.160(C) by the hearing examiner:
a.
Architecturally designed stairways, elevator towers, mechanical enclosures, and rooftop solar system facilities that are designed as signature elements of the parking structure.
b.
Public art elements on the rooftop or along the sides of the building that otherwise are in compliance with the design guidelines for parking structures.
c.
Rooftop mechanical and other related technical equipment that does not meet subsection (A)(5)(a) of this section may exceed base height by up to 10 feet, provided it is designed to be in compliance with town center framework design guidelines[1] Section 5.3.8 (Rooftop Features, Mechanical Equipment, and Appurtenances).
[1]
Editor's Note: Framework Design Guidelines is included as an attachment to this title.
B.
Solar System. Freestanding parking structures shall be constructed with a rooftop solar photovoltaic (PV) or similar solar energy system.
C.
Parking Decks. The rooftop parking deck shall not exceed a slope of two percent.
D.
Parking Structure Ramps. Parking structure ramps that include on-ramp parking shall have a slope no greater than 6.67 percent.
E.
Parking Stall Dimensions and Layout.
1.
Automobile parking stalls are limited to no less than eight feet and nine inches in width. The parking width dimension is shown in Figure 18.42.095-2 below, and is symbolized with a "W."
2.
Automobile parking stall dimensions and layout in freestanding parking structures shall comply with the criteria in Table 18.42.095-1 below. These criteria shall take precedence over and supersede any conflicting provision of LFPMC § 18.58.050. Parking layout dimensions are shown in Figure 18.42.095-2, below.
Table 18.42.095-1: Parking Stall Dimensions and Layout | ||||
|---|---|---|---|---|
Parking Angle | Stall Width Projection (Figure symbol WP) | Module Width1 (Figure symbol MW) | Vehicle Projection (Figure symbol VP) | Aisle Width (Figure symbol AW) |
45° | 12'-4" | 48'-10" | 17'-7" | 13'-8" |
50° | 11'-5" | 50'-7" | 18'-2" | 14'-3" |
55° | 10'-8" | 52'-0" | 18'-8" | 14'-8" |
60° | 10'-1" | 53'-6" | 19'-0" | 15'-6" |
65° | 9'-8" | 54'-9" | 19'-2" | 16'-5" |
70° | 9'-4" | 56'-0" | 19'-3" | 17'-6" |
75° | 9'-1" | 57'-0" | 19'-1" | 18'-10" |
90° | 8'-9" | 61'-0" | 18'-0" | 25'-0" |
1 Wall-to-wall, double-loaded aisle. |
Figure 18.42.095-2: Parking layout dimensions.  |
3.
Motorcycle Parking.
a.
Motorcycle parking stalls must be provided within freestanding parking structures as follows:
i.
If one to 300 parking stalls are provided in the structure, then 14 of those parking stalls must be motorcycle parking stalls.
ii.
If more than 300 parking stalls are provided in the structure, then 20 of those parking stalls must be motorcycle parking stalls.
b.
Motorcycle parking stalls must have minimum dimensions of four feet in width and seven feet in length.
F.
Replacement and Provision of Public Parking.
1.
Above the amount of parking spaces otherwise required under Chapter 18.58 LFPMC, the freestanding parking structure shall include a minimum of 25 parking spaces for nontransit public use within the freestanding parking structure, including spaces that may be used by the Lake Forest Park police department.
2.
The use of transit parking spaces during noncommuter hours shall be the subject of development agreement negotiation between the city and the applicant.
G.
Bicycle Parking and Circulation.
1.
All-Day Bicycle Parking.
a.
All-day bicycle parking spaces in freestanding parking structures intended to support high-capacity transit must be provided at a minimum of five percent of projected AM peak period daily ridership of the high-capacity transit service. All-day bicycle parking spaces for all other freestanding parking structures must be provided at a minimum of one space per 40 automobile parking spaces.
b.
All-day bicycle parking must be provided in the form of permanently anchored bicycle lockers or limited-access bicycle cages and must be labeled as bicycle parking.
c.
All-day bicycle parking must provide bicycles with full weather protection and theft protection.
d.
Where feasible, a portion of ground-level, all-day bicycle parking must accommodate tandem bicycles, recumbent bicycles, folding bicycles, cargo bicycles, bicycles with trailers, family bicycles, and other nonstandard bicycle designs.
2.
Short-Term Bicycle Parking.
a.
Short-term bicycle parking spaces in freestanding parking structures intended to support high-capacity transit must be provided at a minimum of two percent of projected AM peak period daily ridership of the high-capacity transit service. Short-term bicycle parking spaces in all other freestanding parking structures must be provided at a minimum of one space per 20 automobile parking spaces.
b.
Short-term bicycle parking must be provided in the form of permanently anchored racks or corrals. Racks or corrals must provide two points of support for the bicycle frame, must be intuitive to use, and must accommodate a standard U-lock.
c.
Short-term bicycle parking must be organized to accommodate a standard bicycle dimension of two feet in width by six feet in length.
3.
Bicycle Parking Location and Access.
a.
Each all-day bicycle parking area shall be located inside the freestanding parking structure except all-day bicycle parking can be located outside or on the top level of the freestanding parking structure under adequate weather protection.
b.
Short-term bicycle parking can be located inside the freestanding parking structure and along the sidewalk adjacent to the freestanding parking structure. Short-term bicycle parking should be located in as visible a location as feasible.
c.
Bicycle parking may be provided in one or more areas. Bicycle parking is encouraged to be located entirely on the ground floor. Bicycle parking located on upper stories must be placed adjacent to an elevator.
d.
Bicycle entry/exit must be clearly identified and separately signed and/or marked from automobile traffic.
e.
Bicycle parking area(s) must be accessed from a logical well lit path of travel from the bicycle entry/exit.
f.
Directional signage from the bicycle entry/exit to bicycle parking area(s) must be provided.
4.
Bicycle Maintenance/Repair Station. At least one bicycle maintenance/repair station must be provided in an all-day bicycle parking area, and at least one bicycle maintenance/repair station must be accessible to a short-term bicycle parking area.
H.
Elevator Towers and Stairwells.
1.
External elevator towers and stairwells, including mechanical enclosures, must be open to public view through the use of architecturally designed glazing and/or other transparent features.
2.
Ground floor stairwell areas beneath stairs must be fenced. Alternative methods for securing such spaces may be authorized by the director or as part of a development agreement.
3.
Height of stair and elevator towers and mechanical enclosures is regulated pursuant to subsection (A)(5) of this section.
I.
Pedestrian Safety.
1.
Pedestrian pathways within a freestanding parking structure shall be clearly marked and signed to protect pedestrians from moving traffic.
2.
A freestanding parking structure is subject to the pedestrian safety regulations in LFPMC § 18.24.130(G).
J.
Lighting.
1.
Lighting must be provided in accordance with Table 18.42.095-2:
Table 18.42.095-2: Parking Structure Lighting Standards | ||||
|---|---|---|---|---|
Area | Minimum Horizonal Illuminance on Floor (Footcandles) | Minimum Vertical Illuminance at Five Feet (Footcandles) | Maximum to Minimum Uniformity Ratio | |
General Parking and Pedestrian Areas | 2 | 1 | 4:1 | |
Ramps and Corners | Days | 2 | 1 | 4:1 |
Nights | 1 | 0.5 | ||
Entrance Areas | Days | 50 | 25 | 4:1 |
Nights | 1 | 0.5 | ||
Stairways | 7 average | |||
2.
Lighting shall be provided at consistent levels and shall be designed to gradually transition between lighting levels using a uniformity ratio of 4:1. Highly contrasting pools of light and dark areas are prohibited.
3.
Exterior fixtures installed in parking lots and vehicle traffic areas shall be mounted no higher than 25 feet above the ground unless higher lighting fixtures are approved in a development agreement.
4.
Fixtures installed in pedestrian areas shall be no higher than 15 feet above the ground. Lighting shall enable pedestrians to identify a face at 45 feet away to promote safety.
5.
Site and building lighting fixtures shall be full cut-off and dark sky rated. Lighting shall not trespass onto adjacent private parcels and luminaires shall not be visible at the property line. Light emissions shall not be visible above the roofline of the buildings on site.
6.
The design shall incorporate smart lighting technologies to maximize energy conservation.
K.
Mixed Use.
1.
Freestanding parking structures shall include space for public, commercial, or other active and pedestrian-oriented uses (collectively, "active use space"). The active use space shall meet the following requirements:
a.
Have a minimum depth of 60 feet and be integrated into the freestanding parking structure; and
b.
The minimum amount of space provided shall be 10,000 square feet of which 50 percent must be on the ground floor of the structure.
c.
Active use space provided in excess of the minimum required by subsection (K)(1)(b) of this section can be consolidated into a single facade and may span multiple floors.
2.
The following requirements apply to active use space integrated into freestanding parking structures located within 100 feet of Lake Forest Park City Hall:
a.
The active use spaces must comply with facade alignment requirements set forth in subsection (A)(1) of this section.
b.
The facade parallel or substantially parallel to the front facade of Lake Forest Park City Hall shall include active use spaces along the entire facade at the ground level, except at pedestrian entrances and exits. The frontage shall not be interrupted by a vehicular entrance.
3.
Parking structure ground floors and spaces built out as active use spaces shall include fire suppressing sprinkler systems at the time of construction even if not required by the building and fire codes, as adopted by the city.
L.
Infrastructure Installation. A freestanding parking structure shall equip six percent of its spaces with electric vehicle infrastructure and two percent with electric vehicle charging stations. If in determining the number of spaces results in a fraction, the number required shall be rounded to the nearest whole number, with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down.
M.
Exemptions. A freestanding parking structure shall be exempt from the following regulations in this chapter applicable to the remainder of the town center zone:
1.
LFPMC § 18.42.130(B), Parking;
2.
LFPMC § 18.42.130(C)(2), Open Space;
3.
LFPMC § 18.42.130(D), Height;
4.
LFPMC § 18.42.130(F), Land Coverage;
5.
LFPMC § 18.42.130(H), Lighting; and
6.
LFPMC § 18.42.130(J), Solid Waste Service Areas; provided, however, that any active use space is subject to LFPMC § 18.42.130(J).
(Ord. 1217 § 5, 2021)
§ 18.42.100 Signs.
Each business located in the town center zone that does not front either a parking lot or a street shall be allowed to place one single-faced sign advertising such business on an exterior wall, gable, or awning of the building the business occupies. If the exterior sign is on an exterior wall, its size must be 75 square feet or less. If the exterior sign is on a gable or awning, its size must be less than 40 square feet. Otherwise, signs are limited to those provided for in Chapter 18.52 LFPMC.
(Ord. 773 § 3, 1999; Ord. 1217 § 5, 2021)
§ 18.42.110 Parking.
Repealed by Ord. 1217.
(Ord. 773 § 3, 1999)
§ 18.42.120 Site plan review required – Exceptions.
Repealed by Ord. 1217.
(Ord. 773 § 3, 1999; Ord. 944 § 1, 2006)
§ 18.42.130 General criteria.
The following general design standards shall apply to all development in the town center zone, except projects exempt under LFPMC § 18.42.095(M) and § 18.42.160:
A.
Design. Design guidelines for minor and major town center design review projects as defined in LFPMC § 18.42.160, are included in the town center framework design guidelines[1].
[1]
Editor's Note: Framework Design Guidelines is included as an attachment to this title.
B.
Parking. All parking in the town center zone shall be provided in accordance with the provisions of Chapter 18.58 LFPMC.
C.
Landscaping. Landscaping shall be provided as follows:
1.
Perimeter Landscaping.
a.
Adjacent to Right-of-Way. A minimum 10-foot-wide landscape buffer meeting the requirements for Type 3 landscaping set forth in LFPMC § 18.62.080 shall be installed along the property line adjacent to public rights-of-way; except trees can be clustered or staggered to improve visibility near driveways and a 30-foot break in the required tree coverage is allowed adjacent to permitted signage. Refer to Figure 18.42.130-1. The city arborist can waive or modify this requirement if Type 3 landscaping is incompatible with existing significant trees along the right-of-way.
b.
Adjacent to Residential Uses. A minimum 20-foot-wide landscape buffer meeting the requirements for Type 1 landscaping set forth in LFPMC § 18.62.080 shall be installed along the property line between proposed development and adjacent residential-zoned property. A post-and-beam fence, decorative metal fence, or similar fence with minimum four-inch openings and consistent with residential character and quality shall be installed along the property line. Refer to Figure 18.42.130-1.
c.
Adjacent to Lyon Creek. A minimum 20-foot-wide landscape buffer meeting the requirements for stream buffer landscaping set forth in LFPMC § 18.62.080 shall be installed along Lyon Creek. This requirement supersedes other landscape requirements set forth in this section. Buffers shall be established from the ordinary high water mark or from the top of the bank if the ordinary high water mark cannot be identified. Refer to Figure 18.42.130-1.
d.
Adjacent to Other Uses. A minimum 10-foot-wide landscape buffer meeting the requirements for Type 2 landscaping set forth in LFPMC § 18.62.080 shall be installed along the property line between proposed development and adjacent properties. This requirement does not apply on interior property lines within the town center zone. Refer to Figure 18.42.130-1.
Figure 18.42.130-1: Perimeter landscape buffers in the town center zone.  |
2.
Open Space.
a.
Public Open Space. Development projects in the town center zone shall provide public open space as follows:
i.
A minimum of one quarter-acre of public open space shall be provided as part of any project that includes: projects identified in LFPMC § 18.42.160(C)(1)(b) and/or (h), site work affecting two or more acres, or construction of 100 dwelling units or fewer.
ii.
After the first 100 dwelling units, additional open space is required pursuant to Table 18.42.130-1, below:
Table 18.42.130-1 | |
|---|---|
Units | Additional Open Space |
101 – 200 | 5,445 square feet |
201 – 275 | 5,445 square feet |
iii.
Landscape buffer areas, parking lot landscaping, and residential open space shall not be counted toward this minimum requirement.
b.
Residential Open Space. Development projects including residential uses shall provide residential open space as follows:
i.
Common Open Space for Multifamily. Residential development shall include a minimum of 200 square feet of common open space per unit. Common open space can include rooftop decks, interior courtyards, children's play areas, and similar types of open space. Public open space provided pursuant to subsection (1)(a) of this section may be counted toward satisfying this requirement. Landscape buffer area, parking lot landscaping, and private residential open space shall not be counted toward this minimum requirement.
ii.
Private Open Space for Multifamily. Residential development shall include a minimum of 60 square feet of private open space per unit. Private open space shall be configured as a patio or balcony and shall be not less than six feet in any dimension.
c.
Public open spaces provided pursuant to this section shall conform to the following requirements:
i.
Open spaces shall be prominently located and publicly accessible.
ii.
Open spaces shall be contiguous, unless an alternative plan is approved in a development agreement.
iii.
Open spaces may be configured in geometric and organic (nongeometric) shapes; provided, the smallest dimension of a box that could enclose the open space shall be no less than 80 feet. Refer to Figure 18.42.130-2, below.
 Figure 18.42.130-2: Measuring dimensions of open spaces. |
d.
Phased Development. In phased developments, all required open space shall be provided in the first phase.
e.
Low Impact Development. Except in Lyon Creek landscape buffer areas, required landscape buffers shall include low impact development best management practices or treatment best management practices as approved by the public works director pursuant to the stormwater management manual adopted in LFPMC § 16.24.010, unless technically infeasible. Requirements for plant sizes and spacing may be relaxed for these facilities when supported by recommendations provided by an arborist, landscape architect, or other qualified professional.
D.
Height.
1.
The maximum building height limit in the town center zone is 38 feet above existing grade, measured from the lowest point of the existing grade. "Existing grade" means the elevation of the existing ground surface prior to proposed grading, excavation, or fill.
2.
Maximum building height is inclusive of the height of parapet walls and similar features, unless associated with a rooftop active use.
3.
The following features may exceed the maximum building height by up to 10 feet if approved as part of a major town center design review application:
a.
Public viewing platforms and covered public use spaces on the structure rooftop, including required guardrails.
b.
Public art elements on the rooftop or along the sides of the building that otherwise are in compliance with the town center framework design guidelines[2].
[2]
Editor's Note: Framework Design Guidelines is included as an attachment to this title.
c.
Gable, hipped, shed, butterfly, and similar roof forms consistent with a Pacific Northwest architectural style on all facades visible from a public or private street, park, pedestrian pathway, or residential use meeting the following standards: roofs must have a slope of at least three vertical feet to 12 horizontal feet (3:12 slope).
d.
Architecturally designed stairways, elevator towers, mechanical equipment when screened with an enclosure, and rooftop solar system facilities that are designed as signature elements of the building.
4.
This height may be increased per a development agreement to the maximum extent provided in the town center framework design guidelines.
E.
Setbacks. The following setback requirements apply to development in town center zone:
1.
Buildings, except freestanding parking structures, shall be set back a minimum distance of 60 feet from adjacent residential-zoned property. The setback shall be measured from the adjacent boundary of all residential-zoned property. Refer to distance "A" in Figure 18.42.130-3.
2.
Buildings shall be set back a minimum of 100 feet from Lyon Creek. The setback shall be measured from the ordinary high water mark of Lyon Creek. Refer to distance "B" in Figure 18.42.130-3.
3.
Buildings shall be set back a minimum of 50 feet from Ballinger Way (State Route 104) north of the midpoint of the driveway into town center. The setback shall be measured from the edge of the right-of-way. Refer to distance "C" in Figure 18.42.130-3.
4.
In all other places, buildings shall be set back a minimum of 20 feet from the town center zone boundary. The setback shall be measured from the edge of the right-of-way. Refer to distance "D" in Figure 18.42.130-3.
5.
Freestanding parking structures shall be set back a minimum distance of 150 feet from adjacent residential-zoned property. The setback shall be measured from the adjacent boundary of all residential-zoned property. Refer to distance "F" in Figure 18.42.130-3.
6.
Interior property line setbacks are zero feet.
 Figure 18.42.130-3: Minimum setbacks in town center zone. |
7.
Intrusions into Setback Areas. The following structures may be located within a setback, excluding setbacks from Lyon Creek:
a.
Utilities which are underground and accessory to a principal use;
b.
Walkways, stairs and steps, driveways, internal access roadways, and parking spaces which do not exceed 30 inches above finished grade;
c.
Irrigation systems at or below grade, including hydrants, sprinkler heads, and similar features that do not exceed 36 inches above finished grade;
d.
Foundation footings where the footing structure is located entirely below the ground surface;
e.
Low impact development best management practices or treatment best management practices provided:
i.
The low impact development features are designed, constructed, and maintained in accordance with the stormwater management manual adopted under LFPMC § 16.24.010; and
ii.
The maximum height of any structural element associated with the low impact development feature shall not exceed 30 inches above finished grade.
F.
Land Coverage.
1.
The maximum impervious surface area shall be no more than 65 percent of the total lot area.
2.
Modification for Improvements to Lyon Creek Stream Buffer.
a.
Maximum impervious surface area may be increased when additional landscaping exceeding the minimum requirements set forth in subsection (A)(3) of this section is provided along Lyon Creek. The maximum impervious surface area may be increased by two and one-half percent for each additional five feet of stream landscape buffer provided with the project. To qualify for this increase, the provided landscape buffer must meet the requirements for stream landscaping set forth in LFPMC § 18.62.080(D).
b.
When soft-surface walking paths within the additional buffer area set forth in subsection (F)(2)(a) of this section are provided, the maximum impervious surface area may be increased by an additional two and one-half percent. The planting standards set forth in LFPMC § 18.62.080(D) may be modified by the city arborist if necessary to accommodate the soft-surface walking path.
c.
In no case shall the maximum impervious surface area exceed 75 percent of the total lot area.
G.
Pedestrian Safety.
1.
Sidewalks shall be provided along all building facades at a minimum of eight feet wide unless otherwise provided for in this chapter or the framework design guidelines. Drip-resistant weather protection at least six feet deep must be provided along 75 percent of all facades with sidewalks.
a.
This requirement may be modified as part of a development agreement when the applicant demonstrates that the sidewalk widths are infeasible. If modified pursuant to this section, the sidewalks shall be the maximum width feasible.
2.
Pedestrian pathways shall be established between pedestrian entries and exits from buildings to existing or planned sidewalks and pedestrian pathways through striping, signage, and/or other markings. At a minimum, the following shall be provided:
a.
Crosswalks shall be provided at the intersection of any internal access roadways and/or public roadways affected by the structure.
b.
Crosswalks shall be provided across vehicular and bicycle entries and exits.
c.
If pedestrians are likely to walk through a parking lot, a pedestrian pathway and/or signage shall be provided consistent with LFPMC § 18.58.080(D).
3.
Where obtaining necessary ownership or easement rights is feasible, a strong pedestrian connection, such as an artistically painted pathway, unique paving pattern or similar treatment, must be provided for pedestrian safety leading from buildings and other adjacent uses such as public transit stops and intersections.
4.
The following are prohibited:
a.
Entrapment areas where a person could become entrapped with no exit route. Instead, provide two means of ingress and egress from all outdoor spaces.
b.
Areas that are dark or not visible from a public space.
c.
Building, vegetation, or other objects (e.g., a storage enclosure) that block visibility into a space or provide places to hide.
d.
Screens or landscaping that block motorists' views of pedestrians crossing streets, driveways, and vehicle circulation areas.
e.
Vegetation that will obstruct views between three feet and eight feet above the ground where visibility is necessary to avoid creating an insecure area and to reduce the potential for pedestrian/vehicle collisions.
5.
To the extent feasible provide for "passive surveillance," which is the ability of people occupying buildings and public spaces to view all parts of accessible spaces.
6.
The project shall be designed to comply with crime prevention through environmental design (CPTED) guidelines.
H.
Lighting.
1.
New developments shall provide site lighting as provided in Table 18.42.130-2:
Table 18.42.130-2 | ||
|---|---|---|
Use of Area | Minimum Illuminance | Maximum Illuminance |
Nonpedestrian and vehicular traffic areas | 0.5 footcandle | 4.0 footcandles |
Pedestrian areas and building entries | 2.0 footcandles | 4.0 footcandles |
2.
Lighting shall be provided at consistent levels and shall be designed to gradually transition between lighting levels using a uniformity ratio of four-to-one. Highly contrasting pools of light and dark areas are prohibited.
3.
Fixtures installed in parking lots and vehicle traffic areas shall be mounted no higher than 25 feet above the ground unless higher lighting fixtures are approved in a development agreement.
4.
Fixtures installed in pedestrian areas shall be no higher than 15 feet above the ground. Lighting shall enable pedestrians to identify a face at 45 feet away to promote safety.
5.
Site and building lighting fixtures shall be full cut-off and dark sky rated. Lighting shall not trespass onto adjacent private parcels and luminaires shall not be visible at the property line. Light emissions shall not be visible above the roofline of the buildings on site.
6.
The design shall incorporate smart lighting technologies to maximize energy conservation.
I.
Vehicle and Pedestrian Signage and Wayfinding.
1.
Wayfinding signage and pavement markings shall comply with the Manual on Uniform Traffic Control Devices (MUTCD).
2.
Signage shall clearly direct drivers to parking areas by the most safe, efficient route.
3.
Pedestrian signage is required to assist in wayfinding and shall be designed consistent with the town center framework design guidelines. Pedestrian signage shall provide a unified and recognizable design that shall be demonstrated by a master sign plan. This requirement may be modified through a development agreement.
J.
Solid Waste Service Areas. Solid waste service areas include areas containing receptacles for solid waste including garbage, recycling, and compostables generated on site and interim on-site storage areas used to aggregate material prior to delivering it to the collection storage area. These provisions supersede the requirements set forth in Chapter 15.20 LFPMC for solid waste service areas located in the town center zone.
1.
Minimum Size. The following minimum space and access requirements for solid waste service areas shall be incorporated into the design of all new buildings:
a.
Solid waste service areas shall be provided pursuant to Table 18.42.130-3. Solid waste service areas accessed by commercial collection equipment shall be a minimum of 80 square feet in size.
Table 18.42.130-3 | |
|---|---|
Use | Minimum Area for Shared Storage Space |
Residential Uses | Four square feet per unit |
Nonresidential Uses | Six square feet per 1,000 square feet of building gross floor area |
b.
Requirements for Residential Uses. The storage space for residential developments shall be located in solid waste service areas as follows:
i.
Solid waste service areas shall be located in or as an accessory to each building with a residential use and there shall be one solid waste service area for every 30 dwelling units.
ii.
Multiple-level residential projects shall provide one collection area per level, with instructions on how solid waste is conveyed to a solid waste service area.
iii.
Solid waste service areas located in separate buildings or structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.
c.
Requirements for Nonresidential Uses. The storage space for all nonresidential uses shall be located in solid waste service areas as follows:
i.
Solid waste service areas may be located in a centralized collection point.
ii.
Access to solid waste service areas may be limited to regular business hours and/or specified collection hours.
d.
Mixed use developments containing both residential and nonresidential uses shall meet the storage space requirements for residential uses plus 50 percent of the requirement for nonresidential uses.
2.
Location. Where possible, solid waste service areas shall be located inside the building.
a.
Where interior solid waste service areas are not possible, solid waste service areas shall not be located within required setbacks or landscape buffer areas required by this chapter. Solid waste service areas shall not be located in areas incompatible with noise or odor.
3.
Security and Access. The following requirements apply to all solid waste service areas which contain receptacles served by commercial collection equipment:
a.
Receptacles for garbage, recycling, and compostables shall be located within the same solid waste service area. The solid waste service area shall be easily accessible to users occupying the site.
b.
The solid waste service area shall be designed with adequate vertical clearance and adequate turning radius to ensure access and ease of ingress and egress for collection equipment.
c.
Solid waste service areas shall not block or impede fire exits, fire lanes, public rights-of-way, or any pedestrian or vehicular access. The solid waste service area shall be located such that collection of materials does not block or otherwise interfere with pedestrian or vehicular movement to the maximum extent possible.
4.
Design.
a.
Solid waste service areas shall be built on a level and hard-surfaced area and shall be enclosed by an eight-foot-high fence or wall that is screened pursuant to the town center framework design guidelines.
b.
Solid waste service areas shall be identified by signs not exceeding two square feet in face area and otherwise complying with Chapter 18.52 LFPMC.
c.
Solid waste service areas shall be equipped with gates of sufficient width to allow direct, in-line access to receptacles by service collectors and equipment. Where two or more containers (also called dumpsters) are located side-by-side within an enclosure, there shall be a minimum of 18 feet of unobstructed access when gates are fully opened. Gate openings shall be a minimum of 12 feet wide when an enclosure houses a single drop box or compactor unit. Enclosure gates shall not include center posts that would obstruct service access.
d.
Solid waste service areas require a spill prevention plan for management of liquids generated on or discharged from the storage area. The spill prevention plan must demonstrate compliance with the city's adopted stormwater management manual, including ongoing monitoring.
e.
Outdoor solid waste service areas larger than 175 square feet shall be covered with a roof providing sufficient overhang to prevent direct entry of precipitation to the solid waste service area.
f.
Solid waste service areas shall be equipped with a floor drain connected and conveyed to sanitary sewer. Precipitation runoff from solid waste service area roofs shall not be conveyed to sanitary sewer.
5.
Limitations. The following limitations on solid waste service areas apply:
a.
Only garbage, recycling, and compostable solid waste generated on site shall be collected and stored in solid waste service areas. Except for initial sorting of recyclables by users, all other processing of solid waste shall be conducted off site.
b.
No container shall be collected and stored at any location on the site except in a designated solid waste service area.
c.
The lids of all containers shall be maintained in a closed position.
6.
Exemptions. Multifamily dwelling unit projects are exempt from these requirements when the project is participating in a public agency-sponsored or approved direct collection program in which individual bins or carts are used for curbside collection.
(Ord. 944 § 2, 2006; Ord. 1217 § 5, 2021)
§ 18.42.135 Affordable housing.
A.
Purpose. There is limited land area within the city zoned and available for multifamily residential development and there is a need in the metropolitan region for expanded housing choices, including affordable housing. This section sets forth minimum affordable housing requirements in exchange for eligibility for multifamily property tax exemption provided in Chapter 3.23 LFPMC.
B.
Minimum Requirement. All developments creating five or more new dwelling units in a residential or mixed use structure in the town center zone shall provide at least 10 percent of the dwelling units as affordable units to owners or renters:
1.
At or below 80 percent of King County median household income, adjusted for household size, and where no more than 30 percent of the monthly household income is paid for monthly housing expenses (rent and appropriate utility allowance).
C.
Multifamily Residential Tax Exemption. Affordable housing units provided in subsection B of this section may be eligible for a multifamily residential tax exemption under Chapter 3.23 LFPMC.
D.
Rounding. The number of affordable housing units required is determined by rounding up to the next whole number of units if the fraction of the whole number is at least 0.50.
E.
Additional Affordable Housing Requirements.
1.
Location and Mix. Prior to the issuance of any permit(s), the city shall review and approve the location and unit mix of the affordable units consistent with the following standards:
a.
The affordable units shall be intermingled with all other dwelling units in the structure.
b.
The type of ownership of the affordable units shall be the same as the type of ownership for the rest of the dwelling units in the structure.
c.
The affordable units shall consist of a range of number of bedrooms that are comparable to dwelling units in the overall structure.
d.
The size of the affordable units, if smaller than the other units with the same number of bedrooms in the development, shall not be more than 10 percent smaller than the comparable dwelling units in the development, based on number of bedrooms, or less than 500 square feet for a one-bedroom unit, 700 square feet for a two-bedroom unit, or 900 square feet for a three-bedroom unit.
e.
The affordable units shall be available for occupancy in a time frame comparable to the availability of the rest of the dwelling units in the development.
f.
The exterior design and the interior finish and quality of the affordable units must be compatible and comparable with the rest of the dwelling units in the structure.
g.
The affordable units shall be used for permanent residential occupancy meaning multifamily housing that is either owner occupied or rented for periods of at least one month.
2.
Affordability Agreement. Prior to issuing a certificate of occupancy, an affordability agreement consistent with the requirements of this section and in a form acceptable to the city attorney that addresses price restrictions, homebuyer or tenant qualifications, long-term affordability, and any other applicable topics of the affordable units shall be recorded with the King County recorder's office. The affordability agreement shall be a covenant running with the land and shall be binding on the assigns, heirs and successors of the applicant. The affordability agreement may be one and the same with the MFTE covenant in Chapter 3.23 LFPMC.
3.
Length of Time of Affordable Housing Status. Affordable units that are provided under this section shall remain as affordable units from the date of initial occupancy through the life of the project, which ends when the structure including the multifamily project is no longer in use.
F.
Regulatory Monitoring and Evaluation.
1.
Within 30 days after the first anniversary of the date the city issues a certificate of occupancy and each year thereafter, the property owner shall file a certification with the city administrator, verified upon oath or affirmation, which shall contain such information as the city administrator may deem necessary or useful, and shall include the following information:
a.
A statement of occupancy and vacancy of the affordable units during the previous year.
b.
A certification that the property has not changed use since the date of obtaining the certificate of occupancy and continues to comply with the recorded affordability agreement.
c.
A description of any improvements or changes to the affordable units made after the filing of the certificate of occupancy or last declaration, as applicable.
d.
As applicable, information demonstrating:
i.
The total monthly rent or total sale amount of each affordable unit; and
ii.
The income of each rental household and owner(s) of the affordable units.
2.
At least every three years, the city planning and building department shall submit a report to the city council that summarizes the use of this affordable housing section to date.
(Ord. 1217 § 5, 2021)
§ 18.42.140 Town center framework design guidelines – Adopted.
A.
The amended guidelines contained in the town center framework design guidelines[1], dated February 25, 2021, are adopted and applicable to all applications filed for proposed development in the town center zone and incorporated by reference herein.
[1]
Editor's Note: Framework Design Guidelines is included as an attachment to this title.
(Ord. 944 § 2, 2006; Ord. 1217 § 5, 2021)
§ 18.42.150 Town center framework design guidelines – Application – Effect.
Repealed by Ord. 1217.
(Ord. 944 § 2, 2006)
§ 18.42.160 Administration.
A.
The following projects are exempt from review under this chapter:
1.
Interior modifications that do not alter the exterior surface of a building.
2.
Normal maintenance, repair, and replacement in kind. For example, reroofing that does not modify the roof structure, repainting, mechanical equipment replacement, parking lot pavement patching and stall repainting that does not involve reconfiguration.
3.
Alteration to a building's exterior nonarchitectural features such as changing paint color or exterior texture like stucco. Provided, however, when these exterior elements have been designated to fulfill a requirement of approval for an application under this chapter, they are not exempt.
4.
Alteration to less than 10 percent of the surface area of an existing building facade visible from an adjacent street. If within a three-year period the surface area limit is exceeded, future improvements shall not be exempt based on this exemption.
5.
For subsections (A)(2), (A)(3), and (A)(4) of this section, the applicant must submit and receive approval of an application for exemption on a form provided by the planning department ("department").
B.
Minor Town Center Design Review.
1.
The following projects shall be considered applications for minor town center design review:
a.
Construction of a new building, as defined in the International Building Code adopted in LFPMC Title 15, with gross floor area of 10,000 square feet or less;
b.
Alteration to between 10 percent and 25 percent of the surface area of an existing building facade visible from an adjacent street; for example, alterations to an architectural feature of an existing building such as awnings, balconies, cornices, friezes, bay windows, roof decks, and trellises;
c.
Addition to an existing building of gross floor area 10 percent or less of the existing building's gross floor area;
d.
Addition to an existing building of 2,000 square feet or less;
e.
The cumulative increase, over a three-year period, in an existing building which meets any of the above thresholds; or
f.
Parking lot maintenance that involves reconfiguration.
2.
A minor town center ("TC") design review project shall be classified as a Type III permit application and shall be subject to the applicable processing requirements of Chapter 16.26 LFPMC. Provided, however, that a notice of application with a 14-day public comment period shall be provided as described in LFPMC § 16.26.040(E). The applicant must make application for minor TC design review on forms provided by the department.
a.
Upon receipt of a complete application for minor TC design review, the director shall review the application, analyze same for compliance with this chapter, and issue a final decision pursuant to LFPMC § 16.26.180 and appealable pursuant to LFPMC § 16.26.190 to the city's hearing examiner.
b.
If the application modifies the exterior of an existing building or constructs a new building, the director shall route the application and a staff report to the design review board. The design review board shall deliberate and provide a written recommendation to the director that may include approval, conditional approval, or denial of the application. Because the design review board provides only a recommendation, there are no appeals of the board's recommendation. After consideration of the design review board's recommendation, the director shall issue a final decision pursuant to LFPMC § 16.26.180.
C.
Major Town Center Design Review.
1.
The following projects shall be considered applications for major town center ("TC") design review under this chapter:
a.
Construction or alteration of a freestanding parking structure as defined in Chapter 18.08 LFPMC;
b.
Construction of a new building, as defined in the International Building Code adopted in LFPMC Title 15, with gross floor area exceeding 10,000 square feet;
c.
Alteration to more than 25 percent of the surface area of an existing building facade visible from an adjacent street; for example alterations to an architectural feature of an existing building such as awnings, balconies, cornices, friezes, bay windows, roof decks, and trellises;
d.
Alteration to outdoor plazas or open space;
e.
Addition to an existing building of gross floor area greater than 10 percent of the existing building's gross floor area;
f.
Addition to an existing building of more than 2,000 square feet;
g.
Addition to an existing building of another story; or
h.
The cumulative increase, over a three-year period, in an existing building exceeds any of the above thresholds.
2.
A major TC design review project shall be classified as a Type I permit application and shall be subject to the applicable processing and notice requirements of Chapter 16.26 LFPMC.
3.
Before applying for major TC design review, the applicant shall attend a preapplication conference with the planning department director or designee ("director"). The conference will be scheduled by the department to occur within 30 days of written request by the applicant. The applicant shall submit a complete application for major TC design review within six months following the conference; otherwise, a new conference will be required prior to application. The purpose of this conference is to discuss how the design guidelines pertain to the proposed development. The applicant shall also address whether a development agreement will be sought under Chapter 18.72 LFPMC for the project, or the terms of any applicable development agreement previously executed with the city for the project.
4.
An applicant for a development proposal determined by the director to be subject to major TC design review shall submit studies or reports that adequately evaluate the proposal and all probable impacts associated with it. At a minimum, the applicant shall submit a traffic study and internal circulation study prepared by a qualified professional. The director may also require the applicant to submit studies addressing other potential impacts including but not limited to geotechnical, parking, critical areas, trees, and stormwater design (including water quality analysis).
5.
The applicant must make application for major TC design review on forms provided by the department. An application for major TC design review may be submitted prior to submission of an underlying project permit application for development on the same property; however, a complete underlying project permit application shall not be processed without a complete major TC design review application. Consolidation of permit types for a project shall be done per Chapter 16.26 LFPMC.
6.
Upon receipt of a complete application for major TC design review, the director shall review the application, analyze same for compliance with this chapter, and route the application and a staff report to the design review board.
7.
After receipt of the staff report, the design review board shall meet with the director and the applicant to evaluate the major TC design review application for compliance with the applicable criteria. This meeting may be continued by the director or the design review board for the purposes of clarifying issues, or obtaining additional information, facts, or documentary evidence.
8.
The design review board shall hold a public meeting regarding the application. At the public meeting, the applicant shall have an opportunity to make a presentation and the public shall be allowed to comment. At the applicant's expense, notice of the public meeting shall be provided at least 21 days prior to the public meeting as follows:
a.
Emailed or sent regular United States Postal Service (USPS) mail to the applicant and members of the public who have submitted written comments regarding the application;
b.
Sent regular USPS mail to all dwelling units in the city and to all taxpayers of record if different than the dwelling unit address;
c.
Published in the city's website on its news flash page, the notices and announcements page, and the city's calendar as these website pages are amended or replaced by the city with similar electronic notification methods; and
d.
Posted on a social media account hosted by the city.
9.
After the public meeting, the design review board shall deliberate and prepare a written recommendation to the hearing examiner that may include approval, conditional approval, or denial of the application. Because the design review board provides only a recommendation, there are no appeals of the board's recommendation.
10.
The department shall submit the staff report and the design review board's recommendation to the hearing examiner for consideration during the open record pre-decision hearing on the Type I permit. The predecision hearing shall be scheduled before the hearing examiner, and a notice thereof shall be mailed or emailed to all parties of record by the code administrator no less than 21 days before the date of the hearing.
D.
Appeals.
1.
Appeals of minor design review permit final decisions are appealable pursuant to LFPMC § 16.26.190 to the city's hearing examiner.
2.
There shall be no administrative appeal of the hearing examiner's final decision if the major design review permit application involves less than 100 dwelling units or less than a three-acre project area.
3.
There shall be a closed record administrative appeal to the city council of the hearing examiner's final decision if the major design review permit application involves 100 or more dwelling units or a project area of three acres or more.
a.
An appeal must be filed within 14 calendar days following issuance of the notice of decision by the hearing examiner. Appeals must be delivered to the city clerk's office by mail or personal delivery by the last business day of the appeal period. For the purposes of computing the time for filing an appeal LFPMC § 16.26.055 shall apply.
b.
Appeals shall be in writing, be accompanied by an appeal fee as set by the city council, and contain the information required by LFPMC § 16.26.055. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the city council. The burden of proof is on the appellant to prove its case by a preponderance of the evidence.
c.
The city council shall hold a closed record appeal as described in LFPMC § 16.26.160 except this shall be a closed record appeal of a Type III hearing examiner final decision instead of a Type II hearing examiner recommendation. Unless the parties to an appeal have agreed to an extended time period, the administrative appeal shall be completed within 90 days from the date the administrative appeal period closed.
d.
In deciding the appeal, the city council shall consider the complete record developed before the hearing examiner, the final decision of the hearing examiner, and written briefing and oral argument by the appellant and the applicant based on the record before the hearing examiner. Deadlines, page limits, and oral argument time limits shall be set by the council chair based on the complexity of the appeal issues. The council chair may hold a prehearing conference with the appellant and the applicant before determining same.
e.
By mail or email, the city clerk shall provide 21 days' notice of the closed record appeal hearing to all parties of record to the predecision hearing before the hearing examiner.
f.
After the closed record appeal hearing, the city council shall issue its decision on the appeal. The decision shall include findings of fact upon which the decision was based and the conclusions derived from those facts. The city council may approve, approve with conditions, deny or remand to the hearing examiner the application. The city clerk shall mail or email the city council's written decision to each person who participated in the open record hearing before the hearing examiner. The decision of the city council is the final decision by the city.
E.
General – Town Center Design Review.
1.
Permit Type. In the event questions arise regarding permit type, the director shall make the final determination on whether an application is processed as a Type I or a Type III permit.
2.
Subsequent Permits. For a site that has been issued a town center design review final decision, subsequent permits shall be issued only for development that complies with the final decision.
3.
Vesting.
a.
Application for a minor TC design review permit shall not provide the applicant with vested rights for the proposed project. The minor TC design review permit shall vest to the applicable provisions of the LFPMC upon the date of the city's final decision on the minor TC design review permit.
b.
Submittal of a complete application for major TC design review shall vest the major TC design review project to the local land use regulations in effect on the date that the complete major TC design review application was filed. Revisions requested by an applicant to a vested, but not yet approved, application shall be deemed a new application when such revisions are classified by the director as a major modification. Major modifications are those which substantially change the basic design, density, vehicle circulation, access, or open space requirements of the application.
4.
Expiration and Extension.
a.
An approved minor TC design review permit shall expire two years after the date the permit is issued. Extensions of six months and up to one year may be approved by the director when the applicant submits a written request prior to expiration that includes a reasonable justification for the extension, such as a financial hardship, hardship in obtaining materials, weather-related factors, or similar delaying factors.
b.
An approved major TC design review permit shall expire if the applicant fails to file a complete building permit application(s) for all buildings, and have all valid building permits issued within the time periods specified in the final decision by the hearing examiner. If an expiration date is not expressly provided for in the final decision, the approved major TC design review permit shall expire two years after the date the permit is issued and a one-year extension may be approved by the director when the applicant submits a written request prior to expiration that includes a reasonable justification for the extension, such as a financial hardship, hardship in obtaining materials, weather-related factors, or similar delaying factors.
(Ord. 944 § 2, 2006; Ord. 1013 § 1, 2010; Ord. 1217 § 5, 2021)
§ 18.42.170 Development agreement.
A.
The applicant and the city may enter into a development agreement as provided in Chapter 18.72 LFPMC with terms consistent with the town center framework design guidelines[1] and other provisions of the LFPMC.
[1]
Editor's Note: Framework Design Guidelines is included as an attachment to this title.
B.
The development agreement shall not include provisions that modify the following requirements in this chapter:
1.
Height as provided in LFPMC § 18.42.095(A)(3);
2.
Mixed use as provided in LFPMC § 18.42.095(K), except the amount and location of active use space may be modified;
3.
Open space as provided in LFPMC § 18.42.130(C)(2) and the town center framework design guidelines;
4.
Setbacks as provided in LFPMC § 18.42.130(E); and
5.
Land coverage as provided in LFPMC § 18.42.130(F).
(Ord. 944 § 2, 2006; Ord. 1217 § 5, 2021)
§ 18.42.180 Bonds or other financial security.
Unless otherwise provided elsewhere in the LFPMC, the applicant shall be required to bond for all improvements that are subject to review under this chapter.
A.
Before a permit is issued, the applicant shall deposit with the city clerk a surety bond in such reasonable amount as set by the hearing examiner (Type I) or set by the director (Type III). The required surety bond must be:
1.
With good and sufficient surety rated A or better;
2.
By a surety company authorized to transact business in the state;
3.
Satisfactory to the city attorney in form and substance; and
4.
In an amount sufficient to guarantee that all required improvements and mitigation measures will be completed in a manner that complies with conditions of approval.
B.
Posting of a bond or other security shall not discharge the obligation of an applicant or violator to complete required mitigation, monitoring or restoration. The requirement of a bond or other security is not intended and shall not be construed to relieve an applicant of any obligation imposed under this chapter.
(Formerly 18.42.190; Ord. 944 § 2, 2006; Ord. 1217 § 5, 2021)
