AGENDA LACEY PLANNING COMMISSION MEETING

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AGENDA

LACEY PLANNING COMMISSION MEETING Tuesday, May 21, 2019 – 7:00 p.m.

Lacey City Hall Council Chambers, 420 College Street SE

Call to Order: 7:00 p.m.

A. Roll Call B. Approval of Agenda & Consent Agenda Items*

Approval of the May 7, 2019, Planning Commission Meeting Minutes Public Comments: 7:01 p.m. Commission Members Reports: 7:03 p.m. Director’s Report: 7:05 p.m. Public Hearing: 7:15 p.m. 6-Year Transportation Improvement Plan: Martin Hoppe, Transportation Manager. The Planning Commission will conduct a public hearing on the proposed 2020 Six-Year Transportation Improvement Plan and make a recommendation to the City Council. Emergency Housing Facilities LMC 16.64: Ryan Andrews, Planning Manager. The Planning Commission will conduct a public hearing on draft revisions to LMC 16.64 related to Emergency Housing Facilities. The regulations are a recommended implementation item identified in the Housing Strategy related to allowing more temporary housing options. At the conclusion of the public hearing, the Planning Commission is requested to schedule a follow-up work session to consider the testimony received or make a recommendation on the revisions to the City Council. Old Business: 8:00 p.m. Low Density Residential Zone Consolidation, LMC 16.13: Ryan Andrews, Planning Manager. The Planning Commission will review the draft revisions to LMC 16.13 to consolidate the existing Low Density Residential zones (LD 0-4, LD 3-6). The regulations are a recommended implementation item identified in the Housing Strategy to diversify housing options in low density zones. Communications and Announcements: 8:55 p.m. Next Meeting: June 4, 2019. Adjournment: 9:00 p.m.

5/10/19

CITY OF LACEY PLANNING COMMISSION WORK SCHEDULE

Planning Commission Meeting May 21, 2019 Packets due: May 16th

1. Public Hearing: Emergency Housing Facility Regulations 2. Public Hearing and Work Session: 6-Year Transportation Improvement Plan 3. Work Session: Low Density Zone Consolidation

Planning Commission Meeting June 4, 2019 Packets due: May 30th

1. Public Hearing: Housing Strategy 2. Work Session: ICSC Report (Rick) 3. Work Session: Economic Development Overview (George)

Planning Commission Meeting June 18, 2019 Packets due: June 13th

1. Public Hearing: Low Density Zone Consolidation 2. Work Session: Economic Development Briefing 3. Work Session: Stormwater Comprehensive Plan Intro

Planning Commission Meeting July 2, 2019 Packets due: June 27th

1. Canceled (Tentative)

Future Items: Hawks Prairie Business District History Lacey Makerspace Port of Olympia ILA NE Lacey Industrial Woodland District Branding

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MINUTES

Lacey Planning Commission Meeting Tuesday, May 7, 2019 – 7:00 p.m.

Lacey City Hall Executive Board Room, 420 College Street SE Meeting was called to order at 7:00 p.m. by Paul Enns. Planning Commission members present: Paul Enns, Sharon Kophs, Peg Evans-Brown, David Wasson, Daphne Retzlaff, Mark Mininger, Shaunesy Behrens, and David Lousteau. Staff present: Ryan Andrews, Jessica Brandt, Rick Walk, and Leah Bender. Paul Enns noted a quorum present. David Wasson made a motion, seconded by David Lousteau, to approve the agenda for tonight’s meeting. All were in favor, the motion carried. Sharon Kophs made a motion, seconded by Peg Evans-Brown, to approve the April 16, 2019, minutes. All were in favor, the motion carried. 1. Public Comments: Kevin Pestinger introduced himself and said he was observing the Council interviews

and wanted to check out tonight’s Planning Commission meeting.

2. Commission Member’s Report: Paul Enns asked Planning Commissioners to introduce themselves to newest Commissioner Shaunesy

Behrens. David Lousteau noted that he recently watched a documentary called “Urbanized” that was presented

at a planning event in Olympia. The documentary discussed transportation, transit, etc., in major cities around the world. David highly recommended the documentary and suggested that Planning Commission arrange a time to view it. Rick Walk noted that an organization called OPOP is presenting the month-long planning event.

Mark Mininger attended a Senior Center presentation called “Lacey Then and Now” that was very informative.

3. Director’s Report: Rick Walk reported on the joint meeting between City Council and Thurston County Commission. Rick shared a memo from Mark Mininger regarding economic growth.

4. Public Hearings:

Capital Facilities Plan Update: Jessica Brandt gave a presentation that gave background information. Jessica went over the highlights of the plan which included expenditures, revenue sources, and general

government and parks projects. No public testimony was given. There was a discussion regarding how new capital facilities are created. Jessica explained that they are

sometimes suggested by Council, and also by levels of service. Ryan Andrews noted that other Plans also drive new facilities.

There was a discussion regarding sewer capacity, in particular near Lacey lakes. Paul Enns closed the public hearing. David Wasson made a motion, seconded by Mark Mininger, to refer the Capital Facilities Plan to

Council. All were in favor, the motion carried.

Wireless Code Update: Jessica gave a presentation that covered macro versus small cell facilities and FCC requirements

regarding height limitations, aesthetics, permit process, and the shot clock. There was a discussion regarding franchise agreements.

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No public testimony was given. Paul Enns closed the public hearing. David Lousteau made a motion, seconded by Sharon Kophs, to recommend the Wireless

Communications Facilities Code to Council. All were in favor, the motion carried.

5. Old Business: Density Challenge: Ryan distributed a density challenge exercise as a way to visualize density in preparation for upcoming

discussions on low density residential zoning consolidation. Ryan gave a presentation that included examples of density and how they blend with existing

neighborhoods. There was a discussion regarding how to ensure that properties are maintained to meet the standards

of the existing neighborhoods. Ryan noted that it would not be a zoning issue, but Planning Commission can discuss.

There was a discussion regarding requiring installation of sidewalks and frontage improvements.

6. Communications and Announcements: Paul noted that there will be two public hearings held at the next meeting, and that he is unable to

attend the next two meetings. Peg Evans-Brown noted she will not be able to attend the May 21 meeting.

7. Next meeting: May 21, 2019.

8. Adjournment: 8:45 p.m.

Staff Report April 15, 2019 Page 1 of 1

PLANNING COMMISSION May 21, 2019

SUBJECT: 2020 Six-Year Transportation Improvement Plan ________________________________________________________________________ RECOMMENDATION: Hold a Public Hearing for the proposed 2020 Six-Year Transportation

Improvement Program and make a recommendation to the City Council.

STAFF CONTACT: Scott Egger, Director of Public Works Roger Schoessel, City Engineer Martin Hoppe, Transportation Manager Tyson Poeckh, Project Administrator ORIGINATED BY: Public Works Department ATTACHMENTS: TIP Summary BUDGET IMPACT/ SOURCE OF FUNDS: None PRIOR COUNCIL/ COMMITTEE REVIEW: Annual Requirement BACKGROUND: The City is required to prepare an annual Transportation Improvement Program (TIP) and submit it to the Washington State Department of Transportation (WSDOT) and Thurston Regional Planning Council (TRPC) by July 31. The primary purpose of the TIP is to track transportation grant funds. The funds shown on the TIP do not obligate the City to any specific amount of matching dollars. All projects on the TIP are consistent with the Transportation Comprehensive Plan. There are two new projects being added:

College Corridor Phase 3 - 16th Ave Roundabout (Design Only) Electric Vehicle Charging Stations

Three projects in construction have been obligated and are being removed. The draft TIP summary is attached. The Public Hearing is scheduled for May 21, 2019. ADVANTAGES: The TIP will allow the City to comply with state regulations and apply

for grants on specific projects. DISADVANTAGES: None

January 31, 2018 Mr. Stan Hill Address Address

DATE: April 10, 2019

TO: Interested Citizen

FROM: City of Lacey Public Works Department SUBJECT: City of Lacey Six-Year Transportation Improvement Program Each year the cities and counties in the State of Washington are required to submit their Six-Year Transportation Program. A draft summary of the proposed program for years 2020-2025 is attached. The City Council, Planning Commission, and your Public Works staff appreciate your continuing interest and support. A public hearing to take testimony on the Six-Year Transportation Program will be held at 7:00 pm at the Planning Commission meeting on May 21, 2019. Please call me at 491-5600, and I will be happy to answer any questions you may have about the program. Sincerely,

Martin A. Hoppe, PE, PTOE Transportation Manager Enclosure

CITY COUNCIL ANDY RYDER

Mayor CYNTHIA PRATT

Deputy Mayor

JASON HEARN LENNY GREENSTEIN MICHAEL STEADMAN

RACHEL YOUNG CAROLYN COX

CITY MANAGER

SCOTT SPENCE

TDD Relay City Council City Manager City Attorney Community Development Finance Parks & Recreation Police Public Works Fax # (800) 833-6388 (360) 491-3214 (360) 491-3214 (360) 491-1802 (360) 491-5642 (360) 491-3212 (360) 491-0857 (360) 459-4333 (360) 491-5600 (360) 438-2669

2020 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM SUMMARY

4/12/2019

Current Process

LACEY STIP ID PROJECT TITLE 2020 Total

Project Cost

Planned 11-005 College Street Extension NE 3,533,000$

Planned 11-010 Carpenter Rd Capacity and Safety Improvements Pacific to Shady Lane 4,711,000$

Planned 11-013 Marvin Road from Britton Parkway to Columbia Drive 16,640,000$

Planned 11-014 Martin Way / I-5 Interchange Improvements 45,600,000$

Planned 11-015 Carpenter Road Widening from Martin Way to Britton Parkway 20,452,000$

Planned 11-016 Rainier Road from Yelm Hwy to City Limits (near Beckonridge) 3,062,000$

Planned 11-017 Britton Parkway and Carpenter Road Intersection Improvements 1,500,000$

Planned 11-018 Britton Parkway -- Phase II 2,500,000$

Planned 11-020 Sleater-Kinney at 14th Ave Improvements 940,000$

Planned 11-021 College Street Corridor Improvements 40,000,000$

Planned 11-024 Yelm Highway Improvements from Ruddell Rd to Amtrak Bridge 5,300,000$

Planned 11-025 Martin Way East Roadway Improvements 5,500,000$

Planned 11-026 Lacey Hawks Prairie Business District (LHPBD) Commercial Corridors 11,000,000$

Planned 14-001 Willamette Drive / Campus Glen Drive Roundabout 1,700,000$

Design Only 19-001 College St Corridor -- Phase 3 (College St and 16th Ave Roundabout) 1,046,451$

Design 19-002 Electric Vehicle Charging Stations 326,000$

Total TIP Costs 163,810,451$

Projects to be Removed

Construction 11-001 College St Corridor -- Phase 1 (College St and 22nd Ave Roundabout) 6,300,000$

Construction 17-001 College St and Yelm Hwy Super "T" Pavement Rehabilatation 5,600,000$

Construction 11-019 Lebanon Street Extension 500,000$

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PLANNING COMMISSION STAFF REPORT

May 21, 2019

SUBJECT: LMC 16.64 Emergency Housing Facilities ________________________________________________________________________ RECOMMENDATION: The Planning Commission will conduct a public hearing to take

testimony on draft revisions to Chapter 16.64 Emergency Housing Facilities. At the conclusion of the public hearing, the Planning Commission is requested to schedule a follow-up work session to consider the testimony received or make a recommendation on the revisions to the City Council.

TO: Lacey Planning Commission STAFF CONTACTS: Rick Walk, Community and Economic Development Director Ryan Andrews, Planning Manager ATTACHMENT(S): 1. Draft LMC 16.64 Emergency Housing Facilities (Track Changes) 2. Draft LMC 16.64 Emergency Housing Facilities (Clean Version) PRIOR COUNCIL/ COMMISSION/ COMMITTEE REVIEW: April 16, 2019 Planning Commission Meeting

March 5, 2019 Planning Commission Meeting February 19, 2019 Planning Commission Meeting

BACKGROUND: In 2008 the City adopted its first homeless encampment regulations (LMC 16.64). The adoption of the regulations were in conjunction with the establishment of Camp Quixote. Camp Quixote began as an encampment that temporarily located in downtown Olympia and relocated several times including a period in Lacey. The Camp Quixote model was for a church or other religious organization to host the encampment over a six-month period and would then be required to relocate. The encampment included support from the non-profit organization Panza which provided support including rigorous self-governance and code of conduct. With the development of Quixote Village, a residential community of tiny homes located in west Olympia, the encampment model of Camp Quixote ceased. Since Camp Quixote, there has been a gap in providing centralized services to those individuals experiencing homelessness in Lacey. To address this gap, the Housing Strategy

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identifies the need to update City codes to support temporary housing. The following is from Action #8 in the Strategy:

“Current codes will be expanded to allow non-profits or faith-based organizations to host small encampments, tiny home villages, or other types of monitored, supportive housing meant for temporary occupancy with social services available. There is a high need for supportive housing of all types, where case management and other services are available.”

The draft emergency housing regulations would replace the City’s current homeless encampment regulations. The draft regulations are similar to other municipalities in the area to provide a level of consistency within the region. In the spring of 2018 the Planning Commission discussed potential updates to encampment regulations with a board member of the Eugene-based non-profit Community Supported Shelters. As a result of the discussion, the Planning Commission identified a number of issues that could potentially arise with the facilities and also discussed ways that these issues could be addressed. The draft emergency housing regulations were drafted to address the concerns that the Planning Commission identified at that time. The primary differences between current encampment regulations and the proposed emergency housing regulations include:

1. Addition of a definition section. 2. Allowing not only a church but also a non-profit or a unit of government to be able

to host a facility. These are defined in the code as a “host agency”. The support service provider for the facility is defined as the “sponsoring agency”.

3. Removal of requirements for a sponsoring agency to provide a plan for reporting transition results of residents out of emergency temporary housing into more long term permanent housing.

4. Addressing vehicle parking needs as well as allowing temporary overnight occupancy of vehicles as long as residents within the vehicles are subject to the same requirements as those within the emergency housing facility.

5. Changing timelines to allow possible extension of the initial one year approval timeline to add two additional 6 month periods (for a total of two years) with administrative approval. For those facilities that would be occupied longer than two years, approval of a conditional use permit would be required.

6. Not limiting the number of emergency housing facilities within the city at any one time.

7. Not limiting locations of emergency housing facilities from each other. 8. Not limiting locations of emergency housing facilities from sensitive land uses

(schools, daycares, etc.).

The draft regulations have been reviewed by city staff, department directors, and various outside stakeholders including a representative of Community Supported Shelters and neighboring jurisdictions. The comments and revisions received have been addressed in the attached draft. Further outreach has been conducted including engaging the Lacey Faith Leaders Forum at a meeting on March 14th to hear directly from those who may be interested in hosting a facility. The group supported removing the distance requirements from sensitive land uses (especially schools) as many churches are located close to schools and are already providing services to the homeless. They also recommended adding a suggestion that entry into an emergency housing facility be through a coordinated entry program. While the group

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was very supportive of the regulations, they were concerned that hosting a facility may be beyond the resources of an individual church. The group felt that they may be able to jointly host a facility and will continue discussions to pursue this as an option. At the Planning Commission briefing on March 5th, Commission members inquired about the requirements for warrant checks for potential residents. The concern was that those with low-level warrants may be discouraged from residing in the facility for fear of being incarcerated. The Planning Commission inquired about possibly amending the draft regulations to allow for those with low level warrants to reside in the facility. At the April 16th work session, staff presented the Planning Commission with the City Attorney’s position that supports the regulations as initially drafted. The City Attorney had concerns with any city regulations that would be counter to a judge’s order to report to court. As a result of the City Attorney’s guidance, the Planning Commission agreed to leave the warrant provisions unchanged Since the April 16th work session, Thurston County has proposed interim revisions to their emergency housing regulations in efforts to establish a mitigation site in the unincorporated Urban Growth Area near the intersection of Carpenter Road NE and Martin Way E. It is important to note that the draft regulations that have been developed by the City would not apply outside of the Lacey city limits, however, we would continue to work with Thurston County to ensure that their regulations are consistent with those adopted by the City of Lacey. The Planning Commission will conduct a public hearing to take testimony on draft revisions to Chapter 16.64 Emergency Housing Facilities. At the conclusion of the public hearing, the Planning Commission is requested to schedule a follow-up work session to consider the testimony received or make a recommendation on the revisions to the City Council.

Lacey Municipal Code

Chapter 16.64 DRAFT 4.30.19

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The Lacey Municipal Code is current through Ordinance 1529, passed April 26, 2018.

Chapter 16.64

HOMELESS ENCAMPMENTS1EMERGENCY HOUSING FACILITIES (DRAFT)

Sections:

16.64.010 Definitions

16.64.015 Who may apply

16.64.020 Applicable procedures

16.64.030 Requirements for approval

16.64.040 Community development director’s decision

16.64.050 Requirements upon approval

16.64.0460 Fire, safety, and health

16.64.050 Community and economic development director’s decision

16.64.0670 Limitations

16.64.0780 Revocation

16.64.090 Proof of insurance

16.64.08100 Emergency shelters

16.64.110090 Severability


A. "Emergency housing facility" means temporary emergency housing that may include tents, vehicles and small

structures not on a permanent foundation organized and managed as temporary accommodations for homeless

persons, and may be hosted by a faith-based organization, not-for-profit organization, or a unit of government.

For purposes of this section, a "not-for-profit" shall mean an organization duly incorporated in the State of

Washington and recognized by the Internal Revenue Service as an IRC 501 (c)(3) charitable organization.

B. "Host agency" means a faith-based organization, or a not-for-profit organization, or a unit of government which

owns or controls the property or has an ownership interest in the property that is the subject of an application for an

Emergency Housing Facility Permit for providing basic services and support to temporary emergency housing

facility residents, such as hot meals and coordination of other needed donations and services.

Ownership interest shall include an interest by recorded title or by fully executed lease of the subject property.

C. "Sponsoring agency" means the host agency or another agency that assists the host agency and that joins in an

application with a host agency for an emergency housing facility permit and assumes responsibility for providing

basic services and support to emergency housing facility residents, such as hot meals, social services, sanitation,

hygiene, storage of belongings, trash and refuse collection, and coordination of other needed donations and services.

D. “Temporary” means lasting for only a limited period of time; not permanent.

16.64.0150 Who may apply.

Homeless encampmentsEmergency housing facilities shall be permitted only as an accommodation of a religious

faith-based organizationexercise by a host agency and sponsoring agency, or by a unit of government, or by a not-

for-profit organization. Each host agency and sponsoring agency shall jointly apply for a permit under this section

and shall certify compliance with all applicable requirements for approval and conditions of this chapter and the

application. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326 §5, 2009; Ord. 1307 §5, 2008).

16.64.020 Applicable procedures.

An emergency housing facility homeless encampment permit is an administrative determination as identified in

Section 1C.030 (Limited Administrative Review) of the City of Lacey Development Guidelines and Public Works

Standards. In addition to the requirements for administrative determinations found in Section 1C.030 of the

Development Guidelines and Public Works Standards the following additional procedures apply:

A. Advance Notice Required. The host agency and sponsoring agency shall notify the city of the proposed

emergency housing facilityhomeless encampment a minimum of thirty days in advance of the proposed date of



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establishment for the emergency housing facilityhomeless encampment. The advance notification shall contain the

following information:

1. Date. The date the emergency housing facilityhomeless encampment intends to begin operation;

2. Length. The length of time expected for operation;

3. Residents. The maximum number of residents proposed;

4. Location. The host location;

5. Host and sponsoring agency Nnames. The name of the host agency; and

6. Site Plan. The location, dimensions, and layout of the encampment on site.The manner in which the

emergency housing facility will comply with the requirements of this chapter.

B. North Thurston Public Schools Notified. Upon receipt of an application the director shall send a copy of the

application to the administrative offices of the North Thurston Public Schools for its review and consideration.

CB. Public Meeting Required. The host agency and/or sponsoring agency shall conduct at least one public

information meeting within or as close as possible to the locationneighborhood where the proposed emergency

housing facilityhomeless encampment will be located. The meeting shall be held a minimum of fourteen days prior

to the issuance of the temporary use permit administrative approval. The time and location of the meeting shall be

agreed upon between the city and host agency and/or sponsoring agency. All property owners and all organizations,

businesses, or persons that lease/rent property within three five hundred feet of the proposed homeless

encampmentemergency housing facility site shall be notified by mail by the host agency and/or sponsoring agency a

minimum of fourteen days in advance of the meeting. In lieu of notice by mail, an alternative means of notice may

be provided that is reasonably calculated to notify the neighboring property owners within five hundred feet of the

facility.Notification may be by mail, phone, or personal contact.

DC. Signs Required. In addition to the notification described above, tThe applicant shall also provide notice of

the application by posting two signs or placards on the site, or in a location immediately adjacent to the site, that

provide visibility to motorists using adjacent streets. Timing for placing signs shall coincide with other notification

requirements described above. The director of community and economic development shall establish standards for

size, color, layout, design, placement, and timing of installation and removal of the signs or placards.

E. Plan for Reporting Transition Results. Included in the application shall be a plan for reporting the results of

transitioning residents to permanent housing. The plan shall provide for a review of how long residents needed to

use the camp for housing and when residents graduated to permanent housing or left the camp for other temporary

housing. The intent shall be to have this information to consider the success of the encampment in handling

residents’ housing needs on a temporary basis and providing a hand up for the purpose of finding more permanent

housing opportunities. This information may be used by the council in considering the longevity and continuation of

the homeless shelter ordinance. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326 §6, 2009; Ord. 1307 §5,

2008).

16.64.030 Criteria/rRequirements for approval.

The community and economic development director or designee may issue a temporary and revocable permit for a

homeless encampmentemergency housing facility subject to the following criteria and requirements:

A. Site Criteria.

1. Ownership. The host agency shall submit documentation that it owns or has a leasehold interest in the

subject property;

2. Size. The property must be sufficient in size to accommodate the residents and, for outside encampments,

must have necessary on-site facilities including but not limited to the following:

a. Food tent and host tent;



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ba. Sanitary toilets in the number required to meet capacity guidelines located such that no odors shall

be detectable from exterior property lines;

cb. Hand washing facilities by the toilets and by any food areas; and

dc. Refuse receptacles; and.

d. Lockable storage of personal belongings.

3. Water Source. The host agency shall provide an adequate water source to the homeless

encampmentemergency housing facility as approved by the city.

4. Sensitive Areas. No homeless encampmentemergency housing facility shall be located within a sensitive

or critical area or its buffer as defined under LMC Title 14.

5. Permanent Structures. No new permanent structures shall be constructed for the homeless encampment.

65. Limitation on Residents. No more than forty residents shall be allowed. The city may further limit the

number of residents as site conditions dictate.

76. Parking. Adequate on-site parking shall be provided for the homeless encampmentemergency housing

facility. No off-site parking will be allowed. The estimated number of vehicles used by the emergency housing

facility residents shall be provided in the permit application. Parking space for the number of vehicles used by

homeless encampment residents and staff shall be provided. If the homeless encampmentemergency housing

facility is located on a site with another use, it shall be shown that the emergency housing facilityhomeless

encampment will not create an undue shortage of on-site parking for the other use(s) on the property. A host

agency or sponsoring agency may allow overnight occupancy of vehicles. Residents within vehicles are

subject to the same requirements of this chapter as those located within the emergency housing facility.

87. Public Transportation. Whenever possible, tThe emergency housing facilityhomeless encampment

shallould be located within a quarter mile of a bus stop with service seven days per week. If not located within

a quarter mile of a bus stop, the host agency or sponsoring agency must demonstrate the ability for residents to

obtain access to the nearest public transportation stop (such as carpools or shuttle buses).

98. Screening. The emergency housing facilityhomeless encampment shall be adequately buffered and

screened to be site obscuring from adjacent right-of-way and residential properties. Screening shall be a

minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the

placement of the emergency housing facilityhomeless encampment behind buildings. The type of screening

shall be approved by the city.

109. Privacy for Sanitary Facilities. All sanitary portable toilets shall be screened from adjacent properties

and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a

combination of fencing and/or landscaping.

11. Distance Requirements to Sensitive Land Uses. Because a homeless encampment is a non-traditional

living arrangement and therefore provides less privacy and more complex living arrangements than traditional

homes, a distance requirement that provides visual separation and buffering from other sensitive land use

activities is considered appropriate. To satisfy this concern, no shelter shall be permitted within three hundred

feet of a licensed child daycare facility or any public or private pre-school or elementary, middle, or high

school. However, in the event that a daycare or school is located within the property of a potential host agency,

this requirement may be waived by the director if the owner of the daycare or school principal agrees to the

waiving of the distance requirement.

B. Security.

1. Operations and Security Plan. An operations and security plan for the homeless encampmentemergency

housing facility shall be submitted to the city at the time of application. The security plan shall address

potential security and neighborhood impacts within five hundred feet of the emergency housing facility site.



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2. Code of Conduct. The host agency shall ensure that the homeless encampmentemergency housing facility

has an enforceable code of conduct to be enforced by the host agency which, at a minimum, prohibits alcohol,

nonprescribed illegal drugs, weapons, violence, littering on the emergency housing facility site or in the

surrounding neighborhood, noise in excess of the limits set forth in LMC 16.57.030, and open fires. The code

of conduct should also address any other issues related to camp and neighborhood safety. A copy of the code of

conduct shall be submitted to the city at the time of application.

3. In addition to the above standards, the host agency or sponsoring agency may adopt and enforce

additional code of conduct conditions not otherwise inconsistent with this section.

C. Accommodating the Homeless Encampment Residents Indoors. In cases where the host agency and the camp

residents determine it is practical or necessary to accommodate the camp inside existing church structures, the

church shall have the option of making such a request to the city. Upon receiving a request to host the camp inside

of existing buildings, the community development director or designee may issue a temporary and revocable permit

for an indoor encampment subject to the following criteria and requirements:

1. Compliance with Building Codes. An indoor encampment shall comply with the requirements of the

city’s building codes. However, pursuant to RCW 19.27.042, the building official shall have the authority to

exempt code deficiencies so long as such deficiencies pose no threat to human life, health, or safety.

2. Building Criteria. The buildings proposed for use shall be of sufficient size to accommodate the residents

and must have necessary on-site facilities including but not limited to the following:

a. Adequate water supply;

b. Sanitary toilets in the number required to meet capacity guidelines;

c. Hand washing facilities by the toilets and food areas;

d. Refuse receptacles; and

e. Kitchen facilities for food preparation;

f. All applicable health standards for providing and using such facilities shall be satisfied as required

by the health department. (Ord. 1410 §§1 (part), 3, 2013: Ord. 1346 §1, 2010; Ord. 1327 §1, 2009; Ord.

1326 §7, 2009; Ord. 1307 §5, 2008).

16.64.040 Community development director’s decision.

The community development director shall review the proposal for compliance with the provisions of this chapter

and all other applicable law. Said review shall ensure that the health, safety and welfare of the citizens of the city are

preserved, and shall provide an expedient and reasonable land use review process for decisions and interpretations of

this chapter. The director may modify the submittal requirement as deemed appropriate. The director shall notify the

host agency of his or her decision to approve, modify, or deny the application within a timely manner, but not prior

to fourteen days after the public meeting. (Ord. 1410 §1 (part), 2013: Ord. 1307 §5, 2008).

16.64.050 Requirements upon approval.

4. A. Sign Agreement. All homeless encampmentemergency housing facility residents must sign an

agreement to abide by the code of conduct. Failure to do so shall result in the noncompliant resident’s

immediate and permanent expulsion from the property.

5. B. Log. The host or sponsoring agency shall keep a log of all people persons who stay overnight in

the emergency housing facilityencampment. The log shall include names, birth dates, and dates of stay. Logs

shall be retainedkept a minimum of six monthsone year.

6C. Identification. The host or sponsoring agency shall take all reasonable and legal steps to obtain require

verifiable government-issued photo identification ID of prospective and current encampment emergency

housing facility residents. Acceptable forms of ID include a driver’s license, government issued identification

card, military identification, or passport. Replacement of lost ID can be facilitated through an appropriate



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advocacy center. Photo ID is necessary to verify one’s identity and to apply for services, housing, and

employment. If verifiable photo ID cannot be obtained, the individual must agree to be fingerprinted or will not

be admitted to the camp.

7. D. Warrant and Sex Offender Status Check. The host or sponsoring agency shall engage the Lacey

police department to use the photo identification to check for outstanding in-state and out-of-state warrants and

registered sex offender status. When necessary, the Lacey police department will provide fingerprinting

services. The Lacey police department shall provide background checks and fingerprinting services at no charge

to the host agency.

a. 1. Outstanding Warrants. If said warrant check reveals an existing or outstanding warrant from

any jurisdiction in the United States, the host agency the host or sponsoring agency may reject the subject

of the check for residency in the emergency housing facility or may eject the subject of the check if that

person is already an emergency housing facility resident and will immediately report the finding to the

Lacey police department for apprehension of the subject individual.

b2. Sex Offender Status. If the check reveals the applicant to be a registered sex offender required to

register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, the host or

sponsoring agency may reject the subject of the check for residency in the emergency housing facility or

may eject the subject of the check if that person is already an emergency housing facility resident and will

immediately report the finding to the Lacey police department. the individual shall not be admitted to the

camp.

CE. Security. The host or sponsoring agency shall ensure the encampment emergency housing facility is secure

and managed to strictly prohibit alcohol, illegal drugs, weapons, fighting, abuse of any kind, littering, or disturbing

the neighbors while located on the property. As necessary, the Lacey police department will be available to enforce

state and local laws.

DF. Entrance/Host Tent. The host or sponsoring agency shall ensure there is an entrance/host tent that is manned

twenty-four hours a day seven days a week. The entrance may be staffed by a volunteer, encampment resident, host

agency committee member, or other responsible person.

G. On-Call Committee Member. The host or sponsoring agency will appoint a designated n executive committee

member to serve on call and be available for the entrance person “on duty” emergency housing facility manager at

all times. The on-call committee member shall be available to provide help and assistance to the person manning the

entrance as may be necessary to ensure the encampment functions properly.

H. Enforcement. The on-duty responsible person staffing the entrance shall notify the on-call committee member

as necessary in the enforcement of encampment rules and expectations, and/or the Lacey police department as

necessary to enforce local and state laws. Said representativesponsible person shall also serve as a point of contact

for the Lacey police department, and will orient the department on how the entrance operates. The names of the on-

duty responsible person(s) representative will be posted daily at the entrance. The city shall provide contact numbers

of nonemergency personnel which shall be posted at the entrance.

EI. Visitors. Visitors to the encampment emergency housing facility must meet the following procedures and

requirements:

1. Visitors to the encampment emergency housing facility must be invited by a resident, host agency, or

sponsoring agency and must be able to show picture ID.

2. Visitors must be accompanied by the resident that invited the visitor while at the encampmentemergency

housing facility.

3. Visitors may be at the encampment emergency housing facility only between the hours of 97:00 a.m. and

10:00 p.m.



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4. Visitors may not stay overnight unless they get permission from the host and complete the same

background check requirements as required for residents.

FJ. Age Restrictions. Residents of the emergency housing facilityencampment must be at least eighteen years of

age. No minors are permitted entrance to the emergency housing facilityencampment unless they are related to a

camp resident. Minors related to a camp resident may visit the encampment emergency housing facility during the

day. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326 §8, 2009.)

G. Entry program. Residents of the emergency housing facility should be placed through a coordinated entry

program.

16.64.0460 Fire, safety, and health.

Tent encampmentsThe emergency housing facility shall meet the following fire, safety, and health requirements:

A. Fire Safety. The homeless encampmentemergency housing facility shall conform to the following

requirements:

1. Open Fires. Within individual tents there shall be no open fires for cooking or heatingOpen fires are

prohibited. All fires shall adhere to the regulations of the Olympic Region Clean Air Agency;

2. Heating Appliances. No heating appliances within the individual tents units are allowed unless approved

by the building official;.

3. Cooking. A common tent may provide community cooking facilities and services for the camp, but only

if approved by the host agency and the health department. No cooking appliances are allowed within individual

tents of residents;

4. Fire Extinguishers. An adequate number and appropriate rating of fire extinguishers shall be provided as

approved by the fire department;

5. Emergency Access. Adequate access for the fire and emergency medical apparatus shall be provided.

This shall be determined by the fire marshal;

6. Separation. Adequate separation between tents and other structures shall be maintained as determined by

the fire marshal; and

7. Electrical Service. Electrical service shall be in accordance with recognized and accepted practice.

Electrical cords are not to be strung together and any cords used must be approved for exterior use.

B. Health. All necessary sanitary facilities including temporary sanitary portable toilets outhouses/port-a-potties

and facilities for hand washing shall be provided. All applicable health standards for providing and using such

facilities shall be satisfied as required by the health department.

C. Access for Inspections. The host agency shall permit inspections by city staff and the Thurston County health

department to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times, and

may occur without prior notice. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326 §9, 2009; Ord. 1307 §5,

2008).

D. Accommodating the Emergency Housing Facility Indoors. In cases where the host or sponsoring agency

determine it is practical or necessary to accommodate the facility inside existing structures, the host or sponsoring

agency shall have the option of making such a request to the city. Upon receiving a request to host the facility inside

of existing buildings, the community and economic development director or designee may issue a temporary and

revocable permit for an indoor emergency housing facility subject to the following criteria and requirements:

1. Compliance with Building Codes. An indoor emergency housing facility shall comply with the

requirements of the city’s building codes. However, pursuant to RCW 19.27.042, the building official shall have the

authority to exempt code deficiencies so long as such deficiencies pose no threat to human life, health, or safety.



Page 7/8









f. All applicable health standards for providing and using such facilities shall be satisfied as required by

the health department. (Ord. 1410 §§1 (part), 3, 2013: Ord. 1346 §1, 2010; Ord. 1327 §1, 2009; Ord. 1326 §7, 2009;

Ord. 1307 §5, 2008).

16.64.050 Community and economic development director’s decision.

The community and economic development director shall review the proposal for compliance with the provisions of

this chapter and all other applicable law. Said review shall ensure that the health, safety and welfare of the citizens

of the city are preserved, and shall provide an expedient and reasonable land use review process for decisions and

interpretations of this chapter. The director may modify the submittal requirement as deemed appropriate. The

director shall notify the host agency and sponsoring agency of his or her decision to approve, modify, or deny the

application within a timely manner, but not prior to fourteen days after the public meeting. (Ord. 1410 §1 (part),

2013: Ord. 1307 §5, 2008).

16.64.0670 Limitations.

A. Duration. Duration of the homeless encampmentemergency housing facility shall not exceed one hundred

eighty daysyear and may be extended for two additional six-month extensions upon submittal of an application and

proof that the site did not have on-site criminal violations greater than the crime rate of the surrounding

neighborhood. The site may be approved for a duration longer than two years upon approval of a conditional use

permit pursuant to LMC 16.66.

B. Parcel Limitation. No host agency shall host an emergency housing facility homeless encampment more than

one time in any twelvetwenty-four-month period, beginning on the date the homeless encampment emergency

housing facility locates on a parcel of property.

C. Number Limitation. No more than one homeless encampment may be located in the city at any time. (Ord.

1410 §§1 (part), 4, 2013: Ord. 1346 §1, 2010; Ord. 1326 §10, 2009; Ord. 1307 §5, 2008).

16.64.0780 Revocation.

A. If the host agency or sponsoring agency failsUpon determination that there has been a violation of any

approval criteria or condition of application or that the host agency has failed to take action against a resident who

violates the terms and conditions of the permit or has committed violence, it may result in immediate termination of

the permit issued to the host agency or sponsoring agency. If the City learns of acts of violence by residents of the

emergency housing facility and the Host Agency or Sponsoring Agency has not adequately addressed the situation

to protect residents, the permit may be immediately terminated.

B. Upon determination that that has been a violation of any approval criteria or condition of application, the

director of community and economic development may give written notice to the permit holder describing the

alleged violation. Within fourteen days of the mailing of notice of violation, the permit holder shall show cause why

the permit shall not be revoked. At the end of the fourteen-day period, the director shall sustain or revoke the permit.

When an temporary homeless encampmentemergency housing facility permit is revoked, the director shall notify the

permit holder by certified mail of the revocation and the findings upon which the revocation is based. Appeals of

decisions to revoke an temporary homeless encampmentemergency housing facility permit shall be to Thurston

County Superior Court. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326 §11, 2009; Ord. 1307 §5, 2008).



Page 8/8


16.64.090 Proof of insurance.

The host agency shall show proof of general liability insurance with minimum limits of one million dollars per

occurrence. (Ord. 1410 §1 (part), 2013: Ord. 1307 §5, 2008).

16.64.08100 Emergency shelters.

The provisions of this chapter shall not apply to emergency or cold weather shelters where the screening of

individuals to be temporarily housed in such shelters is conducted by anthe Eemergency Sshelter Nnetwork or a

religious organization providing the emergency shelter. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326

§12, 2009; Ord. 1307 §5, 2008).

16.64.110090 Severability.

If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person,

is for any reason declared invalid in whole or in part by any court or agency of competent jurisdiction, said decision

shall not affect the validity of the remaining portions hereof. (Ord. 1410 §5, 2013).

1 Editor’s Note: The following sections were added to the end of Ordinance 1307, passed by the Lacey City Council on April 24,

2008. Section 6: Emergency Shelters. The provisions of this Ordinance shall not apply to emergency or cold weather shelters

where the screening of individuals to be temporarily housed in such shelters is conducted by the Emergency Shelter Network or a

religious organization providing the emergency shelter. Section 7: Severability. If any section, subsection, sentence, clause,

phrase, or other portion of this Ordinance, or its application to any person, is for any reason declared invalid in whole or in part

by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.

Section 8: Longevity. This ordinance shall be in effect for a duration of one year after adoption and shall terminate thereafter.

Prior to termination the Council may decide to review the effectiveness of this ordinance in providing an alternative temporary

housing opportunity for the homeless population. The Council may utilize the tracking information provided pursuant to LMC

16.64.020(E) in this review. Based upon the Council’s review it may decide to continue this ordinance and re-adopt it or let it

expire.

Additional associated amendments:

Repeal: LMC 16.06.375: Host Agency definition

LMC 16.06.372: Homeless Encampment definition

Amend: LMC 16.06.676: Religious Organization definition

16.06.676 Religious organization.

“Religious organization” means organizations and institutions developed for the purposes of religious exercise and considered

protected under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Particularly relevant in the context of the

ordinance codified in this section is a religious organization whose religious activities and beliefs typically include providing

basic needs such as homeless encampmentsemergency housing, shelters, meals, and assistance to the poor and needy. (Ord. 1539

§53, 2019: Ord. 691 §6, 1984).



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Chapter 16.64

EMERGENCY HOUSING FACILITIES (DRAFT)

Sections:


16.64.015 Who may apply

16.64.020 Applicable procedures

16.64.030 Requirements for approval

16.64.040 Fire, safety, and health

16.64.050 Community and economic development director’s decision

16.64.060 Limitations

16.64.070 Revocation

16.64.080 Emergency shelters

16.64.090 Severability


A. "Emergency housing facility" means temporary emergency housing that may include tents, vehicles and small

structures not on a permanent foundation organized and managed as temporary accommodations for homeless

persons, and may be hosted by a faith-based organization, not-for-profit organization, or a unit of government.

For purposes of this section, a "not-for-profit" shall mean an organization duly incorporated in the State of

Washington and recognized by the Internal Revenue Service as an IRC 501 (c)(3) charitable organization.

B. "Host agency" means a faith-based organization, or a not-for-profit organization, or a unit of government which

owns or controls the property or has an ownership interest in the property that is the subject of an application for an

Emergency Housing Facility Permit for providing basic services and support to temporary emergency housing

facility residents, such as hot meals and coordination of other needed donations and services.

Ownership interest shall include an interest by recorded title or by fully executed lease of the subject property.

C. "Sponsoring agency" means the host agency or another agency that assists the host agency and that joins in an

application with a host agency for an emergency housing facility permit and assumes responsibility for providing

basic services and support to emergency housing facility residents, such as hot meals, social services, sanitation,

hygiene, storage of belongings, trash and refuse collection, and coordination of other needed donations and services.

D. “Temporary” means lasting for only a limited period of time; not permanent.

16.64.015 Who may apply.

Emergency housing facilities shall be permitted only as an accommodation of a faith-based organization by a host

agency and sponsoring agency, or by a unit of government, or by a not-for-profit organization. Each host agency and

sponsoring agency shall jointly apply for a permit under this section and shall certify compliance with all applicable

requirements for approval and conditions of this chapter and the application. (Ord. 1410 §1 (part), 2013: Ord. 1346

§1, 2010; Ord. 1326 §5, 2009; Ord. 1307 §5, 2008).

16.64.020 Applicable procedures.

An emergency housing facility permit is an administrative determination as identified in Section 1C.030 (Limited

Administrative Review) of the City of Lacey Development Guidelines and Public Works Standards. In addition to

the requirements for administrative determinations found in Section 1C.030 of the Development Guidelines and

Public Works Standards the following additional procedures apply:

A. Advance Notice Required. The host agency and sponsoring agency shall notify the city of the proposed

emergency housing facility a minimum of thirty days in advance of the proposed date of establishment for the

emergency housing facility. The advance notification shall contain the following information:

1. The date the emergency housing facility intends to begin operation;



Page 2/6


2. The length of time expected for operation;

3. The maximum number of residents proposed;

4. The host location;

5. Host and sponsoring agency names; and

6. The manner in which the emergency housing facility will comply with the requirements of this chapter.

B. Public Meeting Required. The host agency and/or sponsoring agency shall conduct at least one public

information meeting within or as close as possible to the location where the proposed emergency housing facility

will be located. The meeting shall be held a minimum of fourteen days prior to the issuance of the administrative

approval. The time and location of the meeting shall be agreed upon between the city and host agency and/or

sponsoring agency. All property owners within five hundred feet of the proposed emergency housing facility site

shall be notified by mail by the host agency and/or sponsoring agency a minimum of fourteen days in advance of the

meeting. In lieu of notice by mail, an alternative means of notice may be provided that is reasonably calculated to

notify the neighboring property owners within five hundred feet of the facility.

C. Signs Required. The applicant shall also provide notice of the application by posting two signs or placards on

the site, or in a location immediately adjacent to the site, that provide visibility to motorists using adjacent streets.

Timing for placing signs shall coincide with other notification requirements described above. The director of

community and economic development shall establish standards for size, color, layout, design, placement, and

timing of installation and removal of the signs or placards.

16.64.030 Criteria/requirements for approval.

The community and economic development director or designee may issue a temporary and revocable permit for a

emergency housing facility subject to the following criteria and requirements:

A. Site Criteria.

1. Ownership. The host agency shall submit documentation that it owns or has a leasehold interest in the

subject property;

2. Size. The property must be sufficient in size to accommodate the residents and must have necessary on-

site facilities including but not limited to the following:

a. Sanitary toilets in the number required to meet capacity guidelines located such that no odors shall

be detectable from exterior property lines;

b. Hand washing facilities by the toilets and by any food areas;

c. Refuse receptacles; and

d. Lockable storage of personal belongings.

3. Water Source. The host agency shall provide an adequate water source to the emergency housing facility

as approved by the city.

4. Sensitive Areas. No emergency housing facility shall be located within a sensitive or critical area or its

buffer as defined under LMC Title 14.

5. Limitation on Residents. No more than forty residents shall be allowed. The city may further limit the

number of residents as site conditions dictate.

6. Parking. Adequate on-site parking shall be provided for the emergency housing facility. No off-site

parking will be allowed. The estimated number of vehicles used by the emergency housing facility residents

shall be provided in the permit application. If the emergency housing facility is located on a site with another



Page 3/6


use, it shall be shown that the emergency housing facility will not create a shortage of on-site parking for the

other use(s) on the property. A host agency or sponsoring agency may allow overnight occupancy of vehicles.

Residents within vehicles are subject to the same requirements of this chapter as those located within the

emergency housing facility.

7. Public Transportation. The emergency housing facility shall be located within a quarter mile of a bus stop

with service seven days per week. If not located within a quarter mile of a bus stop, the host agency or

sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public

transportation stop (such as carpools or shuttle buses).

8. Screening. The emergency housing facility shall be adequately buffered and screened to be site obscuring

from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may

include, but is not limited to, a combination of fencing, landscaping, or the placement of the emergency

housing facility behind buildings. The type of screening shall be approved by the city.

9. Privacy for Sanitary Facilities. All sanitary portable toilets shall be screened from adjacent properties and

rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a

combination of fencing and/or landscaping.B. Security.

1. Operations and Security Plan. An operations and security plan for the emergency housing facility shall be

submitted to the city at the time of application. The security plan shall address potential security and

neighborhood impacts within five hundred feet of the emergency housing facility site.

2. Code of Conduct. The host agency shall ensure that the emergency housing facility has a code of conduct

to be enforced by the host agency which, at a minimum, prohibits illegal drugs, weapons, violence, littering on

the emergency housing facility site or in the surrounding neighborhood, noise in excess of the limits set forth in

LMC 16.57.030, and open fires. The code of conduct should also address any other issues related to camp and

neighborhood safety. A copy of the code of conduct shall be submitted to the city at the time of application.

3. In addition to the above standards, the host agency or sponsoring agency may adopt and enforce

additional code of conduct conditions not otherwise inconsistent with this section.

4. Sign Agreement. All emergency housing facility residents must sign an agreement to abide by the code

of conduct. Failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from

the property.

5. Log. The host or sponsoring agency shall keep a log of all persons who stay overnight in the emergency

housing facility. The log shall include names, birth dates, and dates of stay. Logs shall be retained a minimum

of one year.

6. Identification. The host or sponsoring agency shall take all reasonable and legal steps to obtain verifiable

government-issued photo identification of prospective and current emergency housing facility residents.

7. Warrant and Sex Offender Status Check. The host or sponsoring agency shall engage the Lacey police

department to use the photo identification to check for outstanding in-state and out-of-state warrants and

registered sex offender status.

a. Outstanding Warrants. If said warrant check reveals an existing or outstanding warrant from any

jurisdiction in the United States, the host or sponsoring agency may reject the subject of the check for

residency in the emergency housing facility or may eject the subject of the check if that person is already an

emergency housing facility resident and will immediately report the finding to the Lacey police department.

b. Sex Offender Status. If the check reveals the applicant to be a registered sex offender required to

register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, the host or

sponsoring agency may reject the subject of the check for residency in the emergency housing facility or

may eject the subject of the check if that person is already an emergency housing facility resident and will

immediately report the finding to the Lacey police department.



Page 4/6


C. Security. The host or sponsoring agency shall ensure the emergency housing facility is secure and managed to

strictly prohibit illegal drugs, weapons, fighting, abuse of any kind, littering, or disturbing the neighbors while

located on the property.

D. Entrance/Host Tent. The host or sponsoring agency shall ensure there is an entrance/host tent that is manned

twenty-four hours a day seven days a week. The host or sponsoring agency will appoint a designated “on duty”

emergency housing facility manager at all times. Said representative shall also serve as a point of contact for the

Lacey police department, and will orient the department on how the entrance operates. The names of the on-duty

representative will be posted daily at the entrance. The city shall provide contact numbers of nonemergency

personnel which shall be posted at the entrance.

E. Visitors. Visitors to the emergency housing facility must meet the following procedures and requirements:

1. Visitors to the emergency housing facility must be invited by a resident, host agency, or sponsoring

agency and must be able to show picture ID.

2. Visitors must be accompanied by the resident that invited the visitor while at the emergency housing

facility.

3. Visitors may be at the emergency housing facility only between the hours of 7:00 a.m. and 10:00 p.m.

4. Visitors may not stay overnight unless they get permission from the host and complete the same

background check requirements as required for residents.

F. Age Restrictions. Residents of the emergency housing facility must be at least eighteen years of age. No

minors are permitted entrance to the emergency housing facility unless they are related to a camp resident. Minors

related to a resident may visit the emergency housing facility during the day. (Ord. 1410 §1 (part), 2013: Ord. 1346

§1, 2010; Ord. 1326 §8, 2009.)

G. Entry program. Residents of the emergency housing facility should be placed through a coordinated entry

program.

16.64.040 Fire, safety, and health.

The emergency housing facility shall meet the following fire, safety, and health requirements:

A. Fire Safety. The emergency housing facility shall conform to the following requirements:

1. Open Fires. Open fires are prohibited. All fires shall adhere to the regulations of the Olympic Region

Clean Air Agency;

2. Heating Appliances. No heating appliances within individual units are allowed unless approved by the

building official;

3. Cooking. A common tent may provide community cooking facilities and services for the camp, but only

if approved by the host agency and the health department. No cooking appliances are allowed within individual

tents of residents;

4. Fire Extinguishers. An adequate number and appropriate rating of fire extinguishers shall be provided as

approved by the fire department;

5. Emergency Access. Adequate access for the fire and emergency medical apparatus shall be provided.

This shall be determined by the fire marshal;

6. Separation. Adequate separation between tents and other structures shall be maintained as determined by

the fire marshal; and

7. Electrical Service. Electrical service shall be in accordance with recognized and accepted practice.

Electrical cords are not to be strung together and any cords used must be approved for exterior use.



Page 5/6


B. Health. All necessary sanitary facilities including temporary sanitary portable toilets and facilities for hand

washing shall be provided. All applicable health standards for providing and using such facilities shall be satisfied as

required by the health department.

C. Access for Inspections. The host agency shall permit inspections by city staff and the Thurston County health

department to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times, and

may occur without prior notice. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326 §9, 2009; Ord. 1307 §5,

2008).

D. Accommodating the Emergency Housing Facility Indoors. In cases where the host or sponsoring agency

determine it is practical or necessary to accommodate the facility inside existing structures, the host or sponsoring

agency shall have the option of making such a request to the city. Upon receiving a request to host the facility inside

of existing buildings, the community and economic development director or designee may issue a temporary and

revocable permit for an indoor emergency housing facility subject to the following criteria and requirements:

1. Compliance with Building Codes. An indoor emergency housing facility shall comply with the

requirements of the city’s building codes. However, pursuant to RCW 19.27.042, the building official shall have the

authority to exempt code deficiencies so long as such deficiencies pose no threat to human life, health, or safety.








f. All applicable health standards for providing and using such facilities shall be satisfied as required by

the health department. (Ord. 1410 §§1 (part), 3, 2013: Ord. 1346 §1, 2010; Ord. 1327 §1, 2009; Ord. 1326 §7, 2009;

Ord. 1307 §5, 2008).

16.64.050 Community and economic development director’s decision.

The community and economic development director shall review the proposal for compliance with the provisions of

this chapter and all other applicable law. Said review shall ensure that the health, safety and welfare of the citizens

of the city are preserved, and shall provide an expedient and reasonable land use review process for decisions and

interpretations of this chapter. The director may modify the submittal requirement as deemed appropriate. The

director shall notify the host agency and sponsoring agency of his or her decision to approve, modify, or deny the

application within a timely manner, but not prior to fourteen days after the public meeting. (Ord. 1410 §1 (part),

2013: Ord. 1307 §5, 2008).

16.64.060 Limitations.

A. Duration. Duration of the emergency housing facility shall not exceed one year and may be extended for two

additional six-month extensions upon submittal of an application and proof that the site did not have on-site criminal

violations greater than the crime rate of the surrounding neighborhood. The site may be approved for a duration

longer than two years upon approval of a conditional use permit pursuant to LMC 16.66.

B. Parcel Limitation. No host agency shall host an emergency housing facility more than one time in any twenty-

four-month period, beginning on the date the emergency housing facility locates on a parcel of property.

16.64.070 Revocation.

A. If the host agency or sponsoring agency fails to take action against a resident who violates the terms and

conditions of the permit, it may result in immediate termination of the permit issued to the host agency or

sponsoring agency. If the City learns of acts of violence by residents of the emergency housing facility and the



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Host Agency or Sponsoring Agency has not adequately addressed the situation to protect residents, the permit may

be immediately terminated.

B. Upon determination that that has been a violation of any approval criteria or condition of application, the

director of community and economic development may give written notice to the permit holder describing the

alleged violation. Within fourteen days of the mailing of notice of violation, the permit holder shall show cause why

the permit shall not be revoked. At the end of the fourteen-day period, the director shall sustain or revoke the permit.

When an emergency housing facility permit is revoked, the director shall notify the permit holder by certified mail

of the revocation and the findings upon which the revocation is based. Appeals of decisions to revoke an emergency

housing facility permit shall be to Thurston County Superior Court. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010;

Ord. 1326 §11, 2009; Ord. 1307 §5, 2008).

16.64.080 Emergency shelters.

The provisions of this chapter shall not apply to emergency or cold weather shelters where the screening of

individuals to be temporarily housed in such shelters is conducted by an emergency shelter network or a religious

organization providing the emergency shelter. (Ord. 1410 §1 (part), 2013: Ord. 1346 §1, 2010; Ord. 1326 §12, 2009;

Ord. 1307 §5, 2008).

16.64.090 Severability.

If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person,

is for any reason declared invalid in whole or in part by any court or agency of competent jurisdiction, said decision

shall not affect the validity of the remaining portions hereof. (Ord. 1410 §5, 2013).

Additional associated amendments:

Repeal: LMC 16.06.375: Host Agency definition

LMC 16.06.372: Homeless Encampment definition

Amend: LMC 16.06.676: Religious Organization definition

16.06.676 Religious organization.

“Religious organization” means organizations and institutions developed for the purposes of religious exercise and considered

protected under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Particularly relevant in the context of the

ordinance codified in this section is a religious organization whose religious activities and beliefs typically include providing

basic needs such as emergency housing, shelters, meals, and assistance to the poor and needy. (Ord. 1539 §53, 2019: Ord. 691

§6, 1984).

Page 1 of 3

PLANNING COMMISSION STAFF REPORT

May 21, 2019

SUBJECT: LMC 16.13 Low Density Residential Zone Consolidation ________________________________________________________________________ RECOMMENDATION: The Planning Commission will review draft Chapter 16.13 Low Density

Residential which combines the existing Low Density 0-4 and Low Density 3-6 districts. No action is necessary as additional public review is necessary prior to moving the regulations forward to the City Council.

TO: Lacey Planning Commission STAFF CONTACTS: Rick Walk, Community and Economic Development Director Ryan Andrews, Planning Manager ATTACHMENT(S): 1. Draft LMC 16.13 Low Density Residential District (Track Changes) 2. LMC 14.23.073 Design Review Provisions for Duplexes and Triplexes

3. Maps of Properties Eligible for Subdivision or Duplex/Triplex in LD Zones

PRIOR COUNCIL/ COMMISSION/ COMMITTEE REVIEW: March 5, 2019 Planning Commission Work Session

BACKGROUND: A high priority action item identified in the Housing Strategy is the reduction in lot sizes and widths in the existing Low Density 0-4 zoning district. Doing this will effectively increase density minimums in existing neighborhoods and will ultimately increase the diversity of housing stock in the zone. The following is from Action #7 in the Strategy:

“Reducing minimum lot sizes, lot widths, and density minimums will help increase density in older, central neighborhoods, which are near utilities, transit lines, services, and jobs. Currently the lowest density zoning is 0-4 dwelling units per acre. This is primarily in the older, established neighborhoods, but also in the Urban Growth Area, with very few vacant parcels left. For example, this would allow for more duplexes in low-density neighborhoods.”

To accomplish this, staff is proposing to consolidate the two existing zoning districts (Low Density 0-4 and Low Density 3-6) into one zone. This new consolidated Low Density Residential zone utilizes the existing Low Density 3-6 zoning standards. Therefore, for those

Page 2 of 3

properties currently zoned Low Density 3-6, density standards will not change. Those properties currently zoned Low Density 0-4 will now be allowed to develop at up to 6 units per acre with reduced lot sizes. The revisions will also amend the zoning map and Comprehensive Plan which will require a Comprehensive Plan amendment. In addition to the consolidation of the two zones, the following outlines the other major changes:

Allowing up to six units per acre throughout all low density residential areas.

This would allow limited subdivision of larger parcels (those that are generally

10,000 square feet or more) in existing neighborhoods.

Allow a duplex or triplex on an existing lot of record and allow existing homes

to be converted to duplexes or triplexes without meeting underlying density

requirements.

Potential removal of the allowance for unplatted lots of less than one acre to

be subdivided into as many lots as the minimum lot size would allow.

Potential removal of vested lot statute for maximum building coverage of 50%.

The most significant proposed change to the zoning regulations are the provisions related to construction of a duplex or triplex on an existing lot of record or conversion of existing single family structures into a duplex or triplex. At the May 7th Planning Commission meeting, the Planning Commission discussed some items that may be of concern to community members related to this amendment including potential transportation impacts, aesthetics , and maintenance. A map of potential lots that may qualify for duplex or triplex units is attached. Planning Commission members had concerns that duplexes or triplexes may cause traffic issues in existing neighborhoods. According to the Institute of Transportation Engineers (ITE) Manual, a single family residence generates 1 PM peak hour (between 4 and 6 p.m.) trip. Comparatively, a duplex generates 1.12 PM peak hour trip (a negligible increase over the single family unit) and a triplex generates 1.68 PM peak hour trip. In accordance with the City of Lacey’s Development Guidelines and Public Works Standards, triplex units are required to install sidewalks or sign a deferral agreement that requires the property owner to install sidewalks at such time the City does a project to install sidewalks along the frontage. To ensure that duplex and triplex units are compatible with existing neighborhoods, all units are required to comply with the design review provisions in LMC 14.23.073 (see attached). This section requires duplexes and triplexes to meet the same design review requirements as new single-family residential units and requires compatibility with the existing neighborhood. While the City cannot regulate the quality of construction, the City can regulate aesthetics and ensure that projects comply with building codes. The Planning Commission also had concerns regarding upkeep and maintenance for multi-unit buildings. The City has adopted the International Property Maintenance Code and has various nuisance regulations contained within the Lacey Municipal Code. These codes are enforced by a code enforcement officer who ensures that properties are well kept and do not pose any threat to public health or safety. According to the code enforcement officer, multi-unit buildings are no more likely to require corrective action than single-family residential units.

The Planning Commission is requested to review the draft regulations provide feedback to inform the development of the draft regulations. Once public outreach has occurred, the

Page 3 of 3

draft will return for additional review and for a public hearing prior to a recommendation to the city council.


Chapter 16.132 LOW-DENSITY RESIDENTIAL

DISTRICT (0-4) 5/9/19 DRAFT

Page 1/9

The Lacey Municipal Code is current through Ordinance 1538, passed January 10, 2019.

Chapter 16.12

LOW-DENSITY RESIDENTIAL DISTRICT (0-4)

Sections:

16.12.010 Intent

16.12.020 Permitted uses

16.12.030 Prohibited uses

16.12.035 Density

16.12.040 Environmental performance standards

16.12.050 Lot area

16.12.060 Off-street parking

16.12.070 Landscaping

16.12.080 Stormwater runoff

16.12.010 Intent.

It is the intent of this chapter to:

A. Enhance the residential quality of the city by providing a high standard of development for single-family

residential areas;

B. Provide a single family residential designation with an appropriate lower density and larger lot size for

development adjacent to environmentally sensitive areas;

C. Provide a single family residential designation with lot sizes compatible and more easily integrated into

neighborhoods with adjacent older subdivisions with larger lots;

D. Designate certain areas in which single-family structures on individual lots are the dominant type of dwelling

unit;

E. Guide residential development to those areas where:

1. Public sewers are in place prior to residential building construction, or

2. Where sewers can be extended at minimal cost to the city, or

3. Where new technology in the processing of domestic sewerage makes residential development in

unsewered areas environmentally acceptable;

F. Guide development of residential areas in such manner as to encourage and plan for the availability of public

services and community facilities such as utilities, police and fire protection, streets, schools, parks and recreation.

(Ord. 1243 §5, 2005; Ord. 1024 §25, 1995; Ord. 583 §2.12(A), 1980).

16.12.020 Permitted uses.

A. Specific types permitted in the low-density residential district:

1. Single-family detached structures on individual lots up to four dwelling units per acre dependent upon

environmental sensitivity. For unplatted parcels of less than one acre, properties may be divided into the

maximum number of lots the minimum lot size will permit pursuant to LMC 16.12.035. Single-family detached

structures are subject to the design criteria established in LMC 14.23.072.

2. Housing for people with functional disabilities.

B. Other or related uses permitted:




Page 2/9


1. Accessory buildings or structures clearly incidental to the residential use of the lot such as storage of

personal property or for the pursuit of avocational interests. All such buildings or structures over sixteen feet in

height shall comply with the design requirements of LMC 14.23.071;

2. Urban agricultural uses as provided for and limited under Chapter 16.21 LMC;

3. Home occupations as provided in Chapter 16.69 LMC;

4. Accessory-dwelling as defined in LMC 16.06.055;

5. Conditional uses as provided in Chapter 16.66 LMC;

6. The keeping of common household animals or pets is permitted provided that their keeping does not

constitute a nuisance or hazard to the peace, health and welfare of the community in general and neighbors in

particular;

7. Family day care homes as provided in Chapter 16.65 LMC. (Ord. 1368 §15, 2011; Ord. 1310 §18, 2008;

Ord. 1243 §6, 2005; Ord. 1192 §205, 2002; Ord. 1137 §2, 2000; Ord. 1044 §5, 1996; Ord. 1024 §25, 1995;

Ord. 931 §5, 1992; Ord. 927 §4, 1992; Ord. 691 §7, 1984; Ord. 583 §2.12(B)(1,2), 1980).

16.12.030 Prohibited uses.

A. Kennels are prohibited.

B. Uses other than those identified or described in LMC 16.12.020 are prohibited. (Ord. 583 §2.12(B)(3), 1980).

16.12.035 Density.

Densities of up to four units per acre are permitted dependent upon environmental sensitivity. For unplatted parcels

of less than one acre, properties may be divided into the maximum number of lots the minimum lot size will permit.

Provided said lot has infrastructure available to it to support the lots being created and provided created lots are not

less than the average lot size of adjacent developed lots. Every detached single family dwelling, with the exception

of an accessory dwelling meeting the requirements of LMC 16.06.055, shall be located on its own lot. Creation of an

individual lot or lots shall meet all requirements of LMC Title 15, the Lacey subdivision and short subdivision code.

(Ord. 1310 §19, 2008; Ord. 1243 §7, 2005; Ord. 1218 §9, 2004; Ord. 1044 §6, 1996; Ord. 1024 §26, 1995).

16.12.040 Environmental performance standards.

A. Permitted uses shall create no noise, emissions, odors or other nuisances which are demonstrably disruptive or

disturbing to other residences in the area, or which are of a quality or quantity not normally associated with

residential use.

B. The construction of accessory buildings shall be encouraged in such a manner as to make them

complementary to the basic architectural character of the main building on the lot, or appropriate to the accessory

use.

C. Conditional uses shall comply with the development standards described for such uses in Chapter 16.66 LMC.

D. All uses shall comply with the applicable environmental performance standards of Chapter 16.57 LMC. (Ord.

1192 §132, 2002; Ord. 583 §2.12(C)(1), 1980).

16.12.050 Lot area.

The size and shape of lots shall be as follows, provided they adhere to the density requirements:

A. Minimum lot area, six thousand five hundred square feet where alleys are utilized and seven thousand five

hundred square feet where alleys are not provided.

B. Minimum lot width, sixty feet where alleys are utilized, seventy feet where alleys are not provided. In the case

of infill lots, the street frontage shall also be forty feet when alleys are utilized and fifty feet if alleys are not utilized.

C. Minimum front yard:




Page 3/9


Sixteen feet.

Garages facing the street, twenty feet.

On front yard flanking streets, ten feet.

Unenclosed porches may project up to six feet into the front yard, provided the porches are at least forty-eight

square feet in area with no dimension less than six feet.

D. Minimum side yards:

Minimum on one side, five feet.

Minimum total both sides, ten feet for single-story structures; fifteen feet or no greater than twenty-five percent of

the lot width (as measured along the front lot line) for two-story structures. (See Table 16T-72.)

Table 16T-72

Minimum side yards for two-story homes in the Low Density Residential (0-4) District.

E. Minimum rear yard, twenty feet, provided garages may be within three feet of the rear yard line alley

easement or paved surface when adjacent to an alley.

F. Minimum usable open space:

Where alleys are utilized, lots shall provide a contiguous open space equivalent to ten percent of the lot size.

Specific open space requirements:

Shall feature minimum dimensions of twenty feet on all sides. For example, a sixty-five-hundred-square-foot lot

would require a contiguous open space of at least six hundred fifty square feet, or approximately twenty by thirty-

three feet in area.

Such open space shall not be located within the front yard. (See Tables 16T-73 and 16T-74.)

Table 16T-73

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Minimum standards for front-loaded lots in the Low Density Residential (0-4) District.

Table 16T-74

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Page 4/9


Minimum standards for alley-loaded lots in the Low Density Residential (0-4) District.

G. Maximum building coverage, forty percent. Undeveloped lots vested prior to May 15, 2008, shall be

exempted from this standard provided they meet minimum usable open space requirements herein.

H. Maximum development coverage, fifty-five percent. Side and rear yard patios are exempt from development

coverage restrictions provided the paving material used is considered a pervious pavement by the city of Lacey’s

public works department.

I. Maximum height of buildings:

Main building and accessory dwelling, twenty-five feet; thirty-five feet where the roof pitch is at least four feet

vertical to twelve feet horizontal.

Accessory building, shall be limited to the height of the primary building, provided structures over sixteen feet in

height shall require design review. Design shall demonstrate a compatibility with the primary structure and shall not

dominate the site visually.

An additional two feet in height is permitted for structures with green roofs occupying at least fifty percent of the

area of the roof.

J. Accessory buildings: All accessory buildings must comply with the current building setbacks as stated in this

chapter; provided, however, if the accessory building is less than two hundred square feet, the following setbacks are

permitted:

Front yard, twenty feet.

Side yard, five feet.

Rear yard, three feet. (Ord. 1480 §§12, 28 (part), 29 (part), 2015: Ord. 1427 §4, 2013: Ord. 1310 §21, 2008;

Repealed Ord. 1310 §20, 2008; Ord. 1243 §8, 2005; Ord. 1220 §5, 2004; Ord. 1218 §10, 2004; Ord. 1179 §2, 2002;

Ord. 1024 §27, 1995; Ord. 691 §8, 1984; Ord. 618 §1, 1981; Ord. 583 §2.12(C)(2)(a), 1980).

16.12.060 Off-street parking.

Off-street parking shall be provided in accordance with Chapter 16.72 LMC. (Ord. 583 §2.12(C)(2)(b), 1980).

16.12.070 Landscaping.

All requirements of Chapter 16.80 LMC shall be satisfied. (Ord. 1496 §45, 2016: Ord. 1310 §22, 2008; Ord. 691 §9,

1984; Ord. 583 §2.12(C)(2)(c), 1980).

16.12.080 Stormwater runoff.

Stormwater management is required and shall comply with the current City of Lacey Stormwater Design Manual

and shall be subject to the city’s review and approval, and shall, moreover, comply Chapter 15.22 LMC pertaining

to community facilities. (Ord. 1496 §46, 2016: Ord. 1380 §1, 2012; Ord. 583 §2.12(C)(2)(d), 1980).



DISTRICT (3-6)

Page 5/9


Chapter 16.13

LOW-DENSITY RESIDENTIAL DISTRICT (3-6)

Sections:

16.13.010 Intent

16.13.020 Permitted uses

16.13.030 Prohibited uses

16.13.035 Densities and infill

16.13.040 Environmental performance standards

16.13.050 Lot area

16.13.060 Off-street parking

16.13.070 Landscaping

16.13.080 Stormwater runoff

16.13.010 Intent.

It is the intent of this chapter to:

A. Enhance the residential quality of the city by providing a high standard of development for single-family

residential areas of low density;

B. Designate certain areas in which single family structures on individual lots are the dominant type of dwelling

unit;

C. Provide designated areas in which certain minimum and maximum densities apply to promote the efficient use

of land;

BD. Allow a range of low density options upfrom three to six units per acre to provide a range of single

familyresidential land use options including innovative smaller lot uses such as Z-lot concepts;

CE. Guide residential development to those areas where:

1. Public sewers are in place prior to residential building construction, or

2. Sewers can be extended, or

3. New technology in the processing of domestic sewerage makes residential development in unsewered

areas environmentally acceptable;

DF. Guide development of residential areas in such manner as to encourage and plan for the availability of public

services and community facilities such as utilities, police and fire protection, streets, schools, parks and recreation;

EG. Guide development in such a manner as to provide protection between noncompatible uses. (Ord. 1024 §28,

1995; Ord. 769 §1 (part), 1986).

16.13.020 Permitted uses.

A. Specific types permitted in the low density residential district:

1. Single-family detached structures on individual lots with a density of not less than three nor more than six

units per acre. For unplatted parcels of less than one acre, properties may be divided into the maximum number

of lots the minimum lot size will permit pursuant to LMC 16.13.035. Single-family detached structures are

subject to the design criteria established in LMC 14.23.072;

2. Cottage housing developments as provided in Chapter 16.62 LMC and subject to the design criteria in

LMC 14.23.072;

3. Planned residential developments as provided in Chapter 16.60 LMC;



DISTRICT (3-6)

Page 6/9


4. Townhouse developments as provided in Chapter 16.61 LMC;

5. Duplexes and triplexes on individual lots A limited percentage (up to five percent of total lots) of two and

three family units, as noted on particular lots on the plat, provided design requirements of Chapter 14.23.073

LMC are satisfied. Duplex and triplex units should not be placed adjacent to one another, but scattered

throughout the development;

6. Housing for people with functional disabilities.

B. Other or related uses permitted:

1. Accessory buildings or structures clearly incidental to the residential use of the lot, such as buildings or

structures for storage of personal property (including boats, recreational vehicles, etc.), or for the pursuit of

avocational interests; or structures designed for and related to recreational needs of the residents of a residential

complex. All such buildings or structures over sixteen feet in height shall comply with the design requirements

of LMC 14.23.071;

2. Urban agricultural uses as permitted and limited under Chapter 16.21 LMC;

3. Home occupations as provided in Chapter 16.69 LMC;

4. Accessory dwelling as defined in LMC 16.06.055;

5. Conditional uses as provided in Chapter 16.66 LMC;

6. The keeping of common household animals or pets, provided that their keeping does not constitute a

nuisance or hazard to the peace, health and welfare of the community in general and neighbors in particular;

7. Family day care homes as provided in Chapter 16.65 LMC. (Ord. 1368 §17, 2011; Ord. 1310 §23, 2008;

Ord. 1192 §133, 2002; Ord. 1137 §3, 2000; Ord. 1044 §7, 1996; Ord. 1024 §28, 1995; Ord. 931 §6, 1992; Ord.

927 §5, 1992; Ord. 769 §1 (part), 1986).

16.13.030 Prohibited uses.

A. Kennels are prohibited.

B. Uses other than those identified or described in LMC 16.13.020 are prohibited. (Ord. 1024 §28, 1995; Ord.

769 §1 (part), 1986).

16.13.035 Densities and infill.

Densities may range from not less than three toshall not exceed no more than six units per acre, provided that

duplexes or triplexes either created by remodeling an existing single-family dwelling or constructed on an existing

vacant lot of record are not subject to the maximum density limits. For unplatted parcels of less than one acre,

properties may be divided into the maximum number of lots the minimum lot size will permit. Provided said lot has

infrastructure available to it to support the lots being created and provided created lots are not less than the average

lot size of adjacent developed lots. Every detached single family dwelling, with the exception of an accessory

dwelling meeting the requirements of LMC 16.06.055 and every duplex or triplex, shall be located on its own lot.

Creation of said lot shall meet all requirements of LMC Title 15 the Lacey subdivision and short subdivision code.

(Ord 1310 §24, 2008; Ord. 1218 §11, 2004; Ord. 1044 §8, 1996; Ord. 1024 §29, 1995; Ord. 1024 §1, 1995).

16.13.040 Environmental performance standards.

A. Permitted uses shall create no noise, emissions, odors or other nuisances which are demonstrably disruptive or

disturbing to other residences in the area, or which are of a quality or quantity not normally associated with

residential use.

B. Accessory buildings shall be complementary to the basic architectural character of the main building on the

lot, or appropriate to the accessory use.



DISTRICT (3-6)

Page 7/9


C. Conditional uses shall comply with the development standards described for such uses in Chapter 16.66 LMC.

D. All uses shall comply with the applicable environmental performance standards of Chapter 16.57 LMC. (Ord.

1368 §18, 2011; Ord. 1192 §134, 2002; Ord. 769 §1 (part), 1986).

16.13.050 Lot area.

A. The size and shape of single-family detached lots shall be as follows, provided they adhere to the density

requirements:

1. Minimum lot area, four thousand five hundred square feet where alleys are utilized; five thousand square

feet where alleys are not provided.

2. Minimum lot width, forty feet where alleys are utilized, fifty feet where alleys are not provided. In the

case of infill lots, the street frontage shall also be forty feet when alleys are utilized and fifty feet if alleys are

not utilized.

3. Minimum front yard:

Sixteen feet.

In addition, setbacks are encouraged to be staggered as provided in LMC 15.12.080(F) for the purpose of

modulating the streetscape and providing more convenient opportunities for offsetting windows for privacy of

individual homes and other desired design outcomes.

Garages facing the street, twenty feet.

On front yard flanking streets, ten feet.

Unenclosed porches may project up to six feet into the front yard, provided the porches are at least forty-eight

square feet in area with no dimension less than six feet.

4. Minimum side yards:

Minimum on one side, five feet.

Minimum total both sides, ten feet.

5. Alternative lot configurations may be approved provided they comply with all of the following:

a. Other applicable standards in this chapter.

b. Design criteria in LMC 14.23.072, particularly LMC 14.23.072(L).

c. The design results in a superior land division layout considering its functionality and character with

particular consideration given to privacy for individual lots, pedestrian access and convenience, and the

design of public and/or private open space opportunities and natural features.

6. Minimum rear yard, twenty feet provided garages may be within three feet of the rear yard line, alley

easement or paved surface when adjacent to an alley.

B. Lots intended for attached single-family development shall be reviewed and approved through a subdivision,

townhouse, or PRD process where the concept is identified and the project is reviewed and approved subject to

design requirements of LMC 14.23.080.

C. Development of lots not on sewer. Areas without sewer must be developed in a manner that maintains long

term potential to achieve minimum required densities and efficient provision of sewer once sewer becomes

available. Areas developing without sewer must meet the following requirements:

1. The health department must review and approve plans for alternative sewage disposal.



DISTRICT (3-6)

Page 8/9


2. Lots must be clustered in a configuration that results in urban size lots with one large reserve lot for

future development.

3. Clustered lots must be between five thousand and ten thousand eight hundred ninety square feet.

4. Excluding the reserve parcel, clustered lots must meet density requirements of LMC 16.13.035.

5. Subdivisions and short subdivisions must have a statement on the face of the plat or short plat that when

sewer becomes available to the area clustered lots shall hook up to sewer at each lot owner’s expense. Such

requirement shall also be provided for in protective covenants.

D. Other lot standards:

1. Minimum usable open space:

Where alleys are utilized, lots shall provide a contiguous open space equivalent to ten percent of the lot size.

Specific open space requirements:

Shall feature minimum dimensions of fifteen feet on all sides, provided one side may be reduced to ten feet by the

site plan review committee if it determines the space is designed with features that make it more inviting, private

and usable. Design for reduction of the minimum dimension must include at least two of the following techniques:

a. A pergola or other architectural feature with landscaping;

b. An improved patio area with features for associated use such as sitting or barbeque;

c. Other design features and improvements that add to the usability, privacy and desirability of the

private space.

As an example, a forty-five-hundred-square-foot lot would require a contiguous open space of at least four

hundred fifty square feet, or approximately fifteen feet by thirty feet in area for a standard dimension, or

ten feet by forty-five feet if the dimension is reduced and design features added.

Such open space shall not be located within the front yard.

For duplexes and triplexes, each dwelling unit must have direct access to its own usable open space. (See

Tables 16T-75 and 16T-76.)

Table 16T-75


Minimum standards for front-loaded lots in the Low Density Residential (3-6) District.

Table 16T-76


Minimum standards for alley-loaded lots in the Low Density Residential (3-6) District.

2. Maximum building area coverage, fifty percent. Undeveloped lots vested prior to May 15, 2008, shall be

exempted from this standard provided they meet minimum usable open space requirements herein.

3. Maximum development coverage, sixty-five percent. Side and rear yard patios are exempt from

development coverage restrictions provided the paving material used is considered a pervious pavement by the

city of Lacey’s public works department.



DISTRICT (3-6)

Page 9/9


4. Maximum height:

Main building and accessory dwelling, twenty-five feet; thirty-five feet where the roof pitch is at least four feet

vertical to twelve feet horizontal.

Townhouses, thirty feet; thirty-five feet where the roof pitch is at least four feet vertical to twelve feet

horizontal.

Accessory building, shall be limited to the height of the primary building, provided structures over sixteen feet

in height shall require design review. Design shall demonstrate a compatibility with the primary structure and

shall not dominate the site visually.

An additional two feet in height is permitted for structures with green roofs occupying at least fifty percent of

the area of the roof.

5. Accessory buildings. All accessory buildings must comply with the current building setbacks as stated in

this chapter; provided, however, if the accessory building is less than two hundred square feet, the following

setbacks are permitted:

Front yard, fifteen feet.

Side yard, five feet.

Rear yard, three feet. (Ord. 1480 §§13, 28 (part), 29 (part), 2015; Ord. 1427 §5, 2013: Ord. 1310 §26, 2008;

Repealed Ord. 1310 §25, 2008; Ord. 1220 §6, 2004; Ord. 1218 §12, 2004; Ord 1179 §3, 2002; Ord. 1024 §30,

1995; Ord. 769 §1 (part), 1986).

16.13.060 Off-street parking.

Off-street parking shall be provided in accordance with Chapter 16.72 LMC. (Ord. 769 §1 (part), 1986).

16.13.070 Landscaping.

All requirements of Chapter 16.80 LMC shall be satisfied. (Ord. 1496 §47, 2016: Ord. 1310 §27, 2008; Ord. 769 §1

(part), 1986).

16.13.080 Stormwater runoff.

Stormwater management is required and shall comply with the current City of Lacey Stormwater Design Manual

and shall be subject to the city’s review and approval, and shall, moreover, comply with Chapter 15.22 LMC

pertaining to community facilities. Stormwater generated on site shall not cause pollution to any surface or ground

waters, or violate local, state, or federal standards governing the quality of such waters. (Ord. 1496 §48, 2016: Ord.

1380 §1, 2012; Ord. 769 §1 (part), 1986).

(check remainder of code for references to 16.12 and 16.13)

14.23.073 Design Criteria For Duplexes And Triplexes In Areas Predominantly Built Out WithSingle-Family Detached Structures.To locate duplex and triplex units in areas developed with single-family structures will be controversialbecause of perceptions that rental units could potentially devalue traditional single-family units. Oneway to allay these perceptions is to provide duplex and triplex units that blend in with the environment.This can enrich the architectural standards and appearance of the surrounding subdivision orneighborhood. To do this, special guidelines are needed to promote outstanding design and quality ofsuch units.

A. Similarity to Single-Family Detached Structures. To accomplish this, duplex and triplex units insingle-family residential areas shall comply with the design criteria for detached single-family dwellingsin LMC 14.23.072 unless otherwise noted below. (See Table 14T-39.)

B. Supplemental Design Criteria. Where there is a conflict with the detached single-family designcriteria set forth in LMC 14.23.072, the design criteria herein shall apply.

1. Entry Design.

a. Use either a single entry providing access to multiple units with appearance of a singleentry to a single-family house or separate distinct covered entries;

b. For duplexes located on street corners, entries shall be provided on different sides of thestructure so only one entry is visible from any one street.

2. Location of Garages. Garages for each of the units shall be separated from one another byliving units of one or more of the units, except where designed with adjacent single or tandemgarages. No more than two single or tandem garages may be placed in a row.

3. Architectural Variety. When reviewing developments with multiple adjacent duplexes, eachduplex structure shall be reviewed as an individual home or building in terms of compliance withLMC 14.23.072(J).

C. Design Option. Duplexes and triplexes can either be designed to look like one single-family house(containing one distinct entry) or designed to look like two or three distinct dwelling units (each withtheir own individual covered entry). Both design options shall utilize complementary design elements asdescribed in subsection D of this section.

D. Complementary Design. Units shall have a design that provides significant architectural interestand is complementary to single-family units in the subdivision. A number of techniques can be used toachieve architectural interest:


Lacey Municipal Code 14.23.073 Design Criteria For Duplexes And Triplexes In AreasPredominantly Built Out With Single-Family Detached Structures.

Page 1 of 2

1. Roof breaks, use of dormers, masonry chimneys;

2. Modulation of facades and fenestration;

3. Use of balconies, decks and porches.

E. Landscaping. Utilize native and drought-tolerant landscaping and/or vegetated LID facilities thatcomplement the architecture of the unit. (Ord. 1539 §13, 2019: Ord. 1496 §9, 2016: Ord. 1310 §6, 2008;Ord. 1124 §7, 2000; Ord. 1024 §3, 1995).

TABLE 14T-39

(Referred from LMC 14.23.073)

Duplex design standards.


Lacey Municipal Code TABLE 14T-39 Page 2 of 2

City of Lacey

§̈¦5

§̈¦5

ST510

CHAMBERS CREEK

CHAM

BERS

DITC

H

EAGLE CREEK

WOODLAND CREEK

FOX C

REEK

EATON CREEK

PALM

CREE

K

COLL

EGE

CREE

K

LITTLE MCALLISTER CREEK

JORGENSON CREEK

Interstate 5US/State RoutesMajor RoadsMinor RoadsUnnamedRail RoadLow Density Residential Near SewerCity of LaceyUrban Growth Area

Low Density Residential Parcels Near Sewer over 10,000 Sq.Ft. ²0 1,800 3,600

Feet

City of Lacey- Northeast

MARV

IN R

D NE

MERI

DIAN

RD

NE

31ST AVE NE

41ST AVE NE

56TH AVE NE

BRITTON PKWY NE

WILLAMETTE DR NE

MARTIN WAY E

HOGU

M BA

Y RD

NE

PUGE

T BEA

CH R

D NE

HAWKS PRAIRIE RD NE

HILL

ST N

E

46TH AVE NE

HILT

ON R

D NE

63RD AVE NE

§̈¦5

§̈¦5

ST510

EAGLE CREEK


Low Density Residential Parcels Near Sewer over 10,000 Sq.Ft. ²0 800 1,600

Feet

City of Lacey - South

MARTIN WAY E

PACIFIC AVE SE

COLL

EGE S

T SE

MULLEN RD SE

RUDDELL RD SE

MARV

IN R

D SE

YELM HWY SE

CARP

ENTE

R RD

SE

15TH AVE NERA

INIE

R RD

SE

STEILACOOM RD SE

UNION MILLS RD SE

CARP

ENTE

R RD

NE

KINW

OOD

ST SE

14TH AVE SE

37TH AVE SE

MARVIN RD NE

YELM HWY SE

§̈¦5

§̈¦5ST510

WOODLAND CREEKCO

LLEG

E CR

EEK

WOODLAND CREEK


Low Density Residential Parcels Near Sewer over 10,000 Sq.Ft. ²0 970 1,940

Feet

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