Chapter 18.42


18.42.010    Purpose.

18.42.020    Permitted uses – Commercial and nonresidential.

18.42.030    Permitted uses – Primary and accessory residential.

18.42.040    Limitations on use.

18.42.050    Conditional uses.

18.42.060    Building height.

18.42.070    Setbacks.

18.42.080    Land coverage.

18.42.090    Screening and landscaping.

18.42.100    Signs.

18.42.110    Parking.

18.42.120    Site plan review required – Exceptions.

18.42.130    Site plan review – Criteria.

18.42.140    Town center framework design guidelines – Adopted – Rules of interpretation.

18.42.150    Town center framework design guidelines – Application – Effect.

18.42.160    Administration.

18.42.170    Development agreement.

18.42.180    Design departure.

18.42.190    Bonds or other financial security.

18.42.010 Purpose.

The intent of the TC 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 TC zone should provide for increased diversity for desirable business, commercial, civic, recreation, employment, and housing opportunities, and to enable imaginative site and building design that will encourage pedestrian access to employment opportunities, goods and services. Uses in the TC zone should be developed in a manner that is compatible with the residential character and scale of the city. The TC zone allows and encourages residential uses, but does not require such uses. (Ord. 773 § 3, 1999)

18.42.020 Permitted uses – Commercial and nonresidential.

The following commercial and nonresidential uses are permitted in the TC zone, subject to the off‑street parking and landscaping requirements and other general provisions as set forth in this title, except where modified by this chapter:

A. Retail sales of food and commodities, which involve only incidental and limited fabrication and assembly. Uses excluded from this zone would include auto service stations, sale of gasoline or other fuels, and car washes, repair or sale of heavy equipment, boats, tires and motor vehicles, sale of alcohol for on‑premises consumption except in a restaurant with a license from the Washington State Liquor Board;

B. Business offices and uses rendering professional, personal, and instructional services, such as real estate or insurance brokerages, consultants, medical or dental clinics, technical training, health clubs, and repair of jewelry, eyeglasses, clothing, household appliances and tools, or other such similar uses; excluding vehicle or tool rentals, pet sales and veterinary clinics;

C. Government buildings and uses, including but not limited to City Hall, police stations, libraries, administrative offices, and other public service uses that are compatible with the intent of the TC zone;

D. Day care facilities;

E. Public utilities. (Ord. 773 § 3, 1999)

18.42.030 Permitted uses – Primary and accessory residential.

The following residential uses are permitted in the TC zone, subject to the off‑street parking and landscaping requirements and other general provisions as set forth in this title, except where modified by this chapter:

A. Multiple dwelling units;

B. Senior citizen apartments;

C. Convalescent, nursing and retirement homes. (Ord. 773 § 3, 1999)

18.42.040 Limitations on use.

Every use locating in the TC zone shall be subject to the following further conditions and limitations:

A. Residential uses are not permitted as separate projects; they must be developed in combination with commercial or nonresidential uses as part of a single site development plan. Residential uses may not be developed at a density of greater than seven dwelling units per acre;

B. Commercial and nonresidential 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;

C. Individual commercial and nonresidential uses shall contain a maximum of no more than 60,000 square feet per use. Uses greater than 60,000 square feet and not more than 100,000 are only permitted after obtaining a conditional use permit (LFPMC 18.42.050);

D. Business and residential portions of a building must be separated by soundproof walls, floors, equipment, utilities or other suitable architectural features or appurtenances;

E. All businesses, services, repair, processing, storage or merchandise displays shall be conducted wholly within an enclosed building except for the following:

1. Off‑street parking or loading;

2. Storage and sale of goods in connection with an established use under the provisions of a temporary use permit or special event; and

3. Merchandise displays which are located in the TC zone where proper provision has been made for screening and safe pedestrian and vehicular passage. (Ord. 773 § 3, 1999)

18.42.050 Conditional uses.

Conditional uses and associated development standards, if any, for the TC zone are those identified in Chapter 18.54 LFPMC, including permitted uses exceeding 60,000 square feet, but not more than 100,000 square feet, and drive-through window services. (Ord. 773 § 3, 1999)

18.42.060 Building height.

The maximum building height limit in the TC zone is not to exceed 30 feet; except that a mixed-use building including residential units may be constructed to a height of no more than 40 feet. (Ord. 773 § 3, 1999)

18.42.070 Setbacks.

Minimum setback requirements in the TC zone shall be:

A. Front yard, 20 feet;

B. Side yards, 20 feet; and

C. Rear yard, 20 feet. (Ord. 773 § 3, 1999)

18.42.080 Land coverage.

The maximum land coverage by all structures, excluding driveways, private walkways and similar impervious surfaces, shall be no more than 45 percent of the total lot area. (Ord. 773 § 3, 1999)

18.42.090 Screening and landscaping.

All sites in the TC zone must have adequate screening and landscaping, subject to the regulations of Chapter 18.62 LFPMC. (Ord. 773 § 3, 1999)

18.42.100 Signs.

Signs are limited to those provided for in Chapter 18.52 LFPMC. (Ord. 773 § 3, 1999)

18.42.110 Parking.

All parking in the town center shall be provided in accordance with the provisions of Chapter 18.58 LFPMC. (Ord. 773 § 3, 1999)

18.42.120 Site plan review required – Exceptions.

Except for wireless communications proposed in accordance with Chapter 18.68 LFPMC, all new development and/or significant exterior modifications of existing development within the TC zone shall require a site plan review according to criteria and procedures of LFPMC 18.42.130, unless the applicant chooses to proceed under the optional town center framework design guidelines process established by LFPMC 18.42.140 through 18.42.180. (Ord. 944 § 1, 2006; Ord. 773 § 3, 1999)

18.42.130 Site plan review – Criteria.

Site plan review shall be processed as a Type II decision under Chapter 16.26 LFPMC; provided, that the city planning commission shall replace the hearing examiner and perform the responsibilities required of that official by LFPMC 16.26.140 and 16.26.150. The city shall use the following criteria in the evaluation and/or conditioning of applications under the town center site plan review process:

A. Building Facade Articulation. Projects within the TC zone shall provide building facade articulation with the use of windows, entries, balconies, and/or bays on facades. The following standards shall apply to the articulation:

1. Windows shall be frequent and coordinate with the articulation of entries, bays and balconies;

2. Display windows must line facades facing public streets and sidewalks, with no more than 10 feet of blank nonwindow wall space for every 25 feet of store front;

3. All window frames shall provide a reveal with the exterior finish (i.e., not flush);

4. Reflective glass curtain walls are prohibited;

5. Facades shall not consist of an undifferentiated blank wall when facing a public street or pedestrian connected walkway.

B. Entries. To ensure development in the TC zone is easily visible and accessible to pedestrian and vehicular traffic, the following guidelines shall apply:

1. Primary entries shall be located adjacent to a public street or pedestrian walkway and must be visible from that street or walkway;

2. Entries shall be sheltered with an overhang or portico with a depth of at least four feet.

C. Landscaping.

1. A landscape plan that provides for extensive landscaping of large parking areas or other open areas which can be seen from the street or other pedestrian-oriented areas.

2. A landscaped buffer shall be provided between projects in the TC zone and any abutting RS or RM zoned properties. A combination of landscaping and screening may be used to buffer visual and audible impacts.

3. Landscaped areas shall consist of a combination and variety of deciduous and evergreen vegetation. Native plant species are encouraged.

D. Buildings. The size, shape, texture, and color of buildings may be reviewed to ensure that the purpose and proposed character of the TC zone is preserved.

E. Pedestrian Amenities. Projects in the TC zone are encouraged to incorporate pedestrian amenities into the design and layout of interior and exterior spaces. Pedestrian amenities may include, but are not limited to, benches and low walls or planters at sitting height, alcoves or other small meeting areas, water features and art, covered walkways, and clear pedestrian connections.

F. Height.

1. That the overall aesthetic qualities of the town center as reflected in this section are not diminished.

2. That increased height of existing buildings or the height of new buildings does not have an unreasonable potential to negatively impact use and benefit of natural light within the town center or adjoining areas.

3. That the proposal demonstrates those views from the town center or vicinity properties have been preserved to the extent possible.

4. In the event that the proposal is requesting a height which exceeds 30 feet and no more than 40 feet to provide housing, the proposal shall demonstrate how the increased height results in an overall benefit to the town center through preservation enhancement of public places or environmental resources and furthers the goals and policies of the town center comprehensive plan designation. (Ord. 944 § 2, 2006)

18.42.140 Town center framework design guidelines – Adopted – Rules of interpretation.

A. The guidelines contained on pages 14 through 15, 24 through 41 and Appendix 2 of the City of Lake Forest Park “Town Center Framework Design Guidelines,” dated September 26, 2005, are adopted as alternate guidelines applicable to applications filed under the optional town center design guideline process and incorporated by reference herein.

B. Those portions of the “Town Center Framework Design Guidelines” not specifically adopted contain expressions of intent, goals, history and philosophy which form specific guidelines that may be used to interpret the adopted guidelines, in addition to the ordinary rules of statutory interpretation. (Ord. 944 § 2, 2006)

18.42.150 Town center framework design guidelines – Application – Effect.

A. Except as otherwise provided, any person who plans to develop or redevelop within the town center zone may apply to have the proposed project processed and reviewed according to LFPMC 18.42.140. An accepted application shall be reviewed under the town center framework design guidelines, which shall take precedence over and supersede any conflicting provision of Chapter 18.42 LFPMC, including provisions incorporated by reference into Chapter 18.42 LFPMC.

B. The city shall not accept an application submitted for review under LFPMC 18.42.140 that does not propose to develop or redevelop all property in the town center zone owned or controlled by the applicant. (Ord. 944 § 2, 2006)

18.42.160 Administration.

The town center framework design guidelines shall be administered as follows:

A. The application shall not be processed according to Chapter 16.26 LFPMC, except that LFPMC 16.26.020, Definitions; 16.26.040, Applications; 16.26.240, Rules; and 16.26.250, Hold harmless and indemnification, shall be applicable to the application.

B. Upon determination by the administration that an application is complete, the application shall be forwarded to the city council which by resolution shall refer the application to a special committee on Towne Centre development of the council. The resolution may appoint the citizen members of the committee, if any, set a schedule for concluding review, provide for extension of the schedule, and reserve to the full city council the right to assume the committee’s responsibilities if the committee is unable to complete its mandate within the prescribed time.

C. In accordance with the city council’s resolution forwarding the application, the special committee on Towne Centre development shall review the application, with the assistance of the city administration, for compliance with the town center framework design guidelines, other applicable ordinances, and laws; negotiate the development agreement authorized by LFPMC 18.42.170; and refer the application, the draft development agreement, and the recommendation of the special committee on Towne Centre development to the city council for final decision.

D. Upon receiving the application, draft development agreement and a recommendation from the special committee on Towne Centre development, the city council shall direct that the application be placed on a council agenda for public hearing and subsequent action. (Ord. 1013 § 1, 2010; Ord. 944 § 2, 2006)

18.42.170 Development agreement.

A. The applicant and the city shall enter into a development agreement as provided in RCW 36.70B.170 incorporating the town center framework design guidelines, the decision of the city council, and other provisions not inconsistent with the town center design guidelines or other provision of this code.

B. The development agreement may provide for subdivision of the applicant’s property to facilitate orderly, economic development of the property. In case of a conflict with any provision of the city’s subdivision regulations, LFPMC Title 17, the town center framework design guidelines shall control. (Ord. 944 § 2, 2006)

18.42.180 Design departure.

A. An applicant may propose an alternative project design that does not strictly comply with the town center framework design guidelines, but is consistent with the intent of the design guidelines. Such a proposal shall be processed as provided in LFPMC 18.42.160. In evaluating the project, the city council shall determine whether the alternative design provides equivalent or superior results when compared with strict compliance with applicable guidelines according to one or more of the following criteria:

1. The alternate enhances multiple uses in the town center;

2. The alternate enhances the pedestrian scale of the town center;

3. The alternate enhances the perimeter of the town center; or

4. The alternate enhances the environmental quality of the town center.

B. The city council may also review, as provided in LFPMC 18.42.160, an alternative project design on the basis of physical constraints of the project site, provided the alternate provides equivalent or superior results when compared with strict compliance with applicable guidelines according to the foregoing criteria.

C. An approved alternate design shall be implemented by a development agreement as provided for in LFPMC 18.42.170 that shall include the reasons for concluding that alternative design provides equivalent or superior results when compared with strict compliance with applicable guidelines. (Ord. 944 § 2, 2006)

18.42.190 Bonds or other financial security.

The city may require a bond or other financial security to ensure compliance with any aspect of a permit or approval under this chapter. (Ord. 944 § 2, 2006)