16.59.030 Review Process | Lacey Municipal Code

16.59.030 Review Process.

A. Review and Approval. The review and approval of a village center shall consist of 4 steps:

1. Presubmission conference;

2. Adoption of a binding master plan for the site;

3. Approval of necessary land divisions;

4. Site plan review for multi-family and commercial uses.

In addition, each step, with the exception of the presubmission conference, has specific design review requirements. Design review shall take place concurrently with the above steps and according to the procedures and requirements of Chapter 14.23 LMC and this chapter.

B. Basis for Consideration. Consideration for approval, conditioning or disapproval of a village center shall be based on and interpreted in light of the conformance of the development with the intent and requirements of this ordinance, and the comprehensive land use plan goals and policies.

These standards and requirements are minimums only. The city may require more stringent standards, based on the specific and unique nature of the site and the surrounding areas, in order to protect the health, safety, and welfare of the citizens of the city and to further the purposes and intent of this ordinance and the comprehensive land use plan.

C. Multiple Ownerships. Where a village center includes multiple ownerships, the city shall help facilitate a cooperative working relationship between owners to help achieve the goals of the village center to develop a focused, harmonious, and coordinated neighborhood. It shall be a requirement for the first owner initiating a development within the village center to attempt to coordinate the master planning of the whole village center with other owners. This responsibility requires only formal contact and an offer to meet and discuss financial needs in preparing the master plan and desired master plan concepts. Ideally, all owners would meet and agree on shared financial responsibilities and consultants to prepare the master plan.

The city shall notify all owners in the village center designation when any application or pre-application submittal is received to help facilitate coordination and ensure everyone is notified of village center planning activities.

In addition, once an application of pre-application has been made, the city shall hold a planning process meeting and notify and invite all landowners within the village center designation. At the meeting, the city will explain the process and expectations so all owners have opportunity to plan participation and coordination.

1. Purpose. The binding master plan shall consist of maps, graphics, and text which specify major developments and design features, and services for the entire site, including a schedule indicating phasing of development.

2. The director shall review design requirements of the master plan to lay a foundation for design expectations in development of the village center. The director shall be satisfied that goals and policies of the Comprehensive Plan will be met and that design elements of the master plan provide adequate guidance to accomplish more detailed design review and analysis during review of subsequent subdivisions and individual site plan reviews of individual building projects. The director review shall occur prior to the hearings examiner hearing and shall accompany other application material through the hearings examiner review process and shall be subject to the hearings examiner review and public comment.

3. Hearings Examiner Review. The binding master plan shall be reviewed by the hearings examiner and a recommendation submitted to the city council for final action.

The hearings examiner shall not approve a binding master plan unless the examiner has conducted a public hearing and has determined that said plan is consistent with the Comprehensive Plan and the provisions of this chapter. The hearings examiner may establish terms and conditions of approval and require the provision and further public review of additional information and analysis in order to ensure such compliance. In addition, the hearings examiner may make changes to the proposed master plan on the basis of information presented in the course of the master plan review, as long as the changes are consistent with the Comprehensive Plan.

4. City Council Consideration. The hearings examiner recommendations shall come to the city council for consideration in open public meeting no sooner than ten nor longer than twenty working days from the date of decision constituting a recommendation was rendered. The city council shall consider the matter based upon the written record before the hearings examiner and the examiner’s decision.

5. City Council Action. The city council may accept, modify or reject the hearings examiner’s decision or any findings or conclusions therein. A decision by the city council to modify or reject shall be supported by findings and conclusions.

The action of the city council in approving or rejecting a decision of the examiner shall be final and conclusive unless a Land Use Petition is timely filed with the Thurston County Superior Court for the purpose of review of the action taken.

6. Amending Zoning and Zoning Maps. Upon approval of the proposal by city council, the director shall have the zoning for the property changed to reflect the master plan and adopted configuration of land use designations.

E. Application. Form and Contents of Application for Binding Master Plan Approval. The applicant shall submit the master plan and supplementary data including an environmental analysis as required under the State Environmental Policy Act and local environmental policy ordinance requirements. The director shall inform the applicant within twenty-eight days of receipt of the application of any deficiencies found in the master plan application. If no deficiencies are found, the application shall be considered vested. Accuracy of all data submitted on or with a master plan shall be the responsibility of the applicant.

An application for master plan approval with submittal requirements shall be developed by the director and shall include such items as the director considers necessary to properly evaluate a master plan’s consistency with this chapter. The application shall include, but not be limited to, requirements for text material, maps and design vocabulary.

F. Approval of Specific Land Division Proposals. Subdivisions, when consistent with the provisions of the binding master plan, may be recommended for approval by the hearings examiner and sent to council for consideration. These actions may be taken concurrent with or subsequent to approval of the master plan and are expected to accompany development of the site in phases. Review of such actions shall be subject to subdivision regulations which would be applicable to such an action regardless of its inclusion within a village center. In addition, subdivisions in a village center shall be subject to design review considerations by the director. The director shall review each subdivision to ensure it is consistent with and implements the design themes and design guidelines established under binding master plan approval. The recommendations shall accompany the plat application materials throughout the normal hearings examiner review process of preliminary plats and will be subject to hearings examiner review and public comment and council’s normal subdivision review process.

G. Approval of Specific Building Projects. All buildings within the village center are subject to design review and shall be reviewed through the normal design review process of Chapter 14.23 LMC. During design review of both single family structures and multifamily and nonresidential buildings, design review shall consider consistency with the master plan and plat design review conditions. Review shall focus on more specific details of individual buildings and sites under review, consistency with neighborhood design principals and concepts, and how the use or structure is integrated with and contributes to, the quality and function of the neighborhood as reflected in the master plan.

1. Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when the work to be performed meets the requirements of the master plan, applicable plat, and site plan review.

2. Minor Administrative Alterations. Once a preliminary plat or other development permit reviewed by the hearings examiner has been approved, it shall not be altered unless approved by both the director and the public works department upon a determination that the alteration is not substantial enough to constitute a change to the binding master plan.

3. Parties Bound. Once the master plan is approved, all persons and parties, their successors, heirs or assigns, who own, have or will have by virtue of purchase, inheritance, assignment or otherwise, any interest in the real property within the proposed village center, shall be bound by the terms and conditions of approval of the binding master plan and the provisions of this chapter.

I. Modifications. The city may permit the modification of the provisions of this ordinance, including but not limited to provisions relating to the percentage of types of dwelling units and the amount of commercial development, in order to encourage village centers and more fully satisfy the intent of the comprehensive land use plan. Any modification of the requirements of this ordinance shall be subject to the following standards:

1. The design and improvement of the village center shall be in harmony with the purpose and intent of this ordinance and the comprehensive land use plan.

2. The design and improvement of the village center shall generally enhance the development plan, or in any case not have an adverse impact on its physical, visual, or spatial characteristics.

3. The design and improvement of the village center shall generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.

4. The modification shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance or functionality of the proposed village center.

5. The proposed modification shall not result in any danger to the public health, safety, or welfare by making access to the dwellings by emergency vehicles significantly more difficult, by depriving adjoining properties of adequate light and air, or by violating the other purposes for which zoning ordinances are to be enacted.

6. Design review and other methods shall be used to ensure compliance with the design standards and guidelines of this ordinance.

7. The minimum lot size of any lot to be created shall not be reduced less than the requirements of this ordinance.

8. The landowner shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.

9. The modifications shall not detract from the ability of residents to walk in or through the village center and their access to public transportation.

If the city determines that the landowner has met these standards, it may grant a modification of the requirements of this ordinance as part of the normal review process. In granting modifications, the city may impose such conditions as will, in its judgment, secure the objectives and purposes of this ordinance. (Ord. 1035 §§23-24, 1996; Ord. 1024 §47, 1995).