City Planning Commission

PLANNING COMMISSION MEETING AGENDA WEDNESDAY, July 11, 2018 CITY HALL COUNCIL CHAMBERS 4:00 P.M. Planning Commission Members: Phil Folyer, Jesse Fox, Gary W. Green, Stan Jochim, Charles Matthews, Richard Siler, and Jared Von Tobel Adjunct Member(s): Jamie Baird & Tom Sahlberg Staff: Lisa Key, Kelsey Wright. Barbara Barker 1. Call to Order 2. Roll Call 3. PUBLIC HEARING: 2018 CODE AMENDMENT REQUESTS APPLICANT/ CASE DESCRIPTION NO. Liberty Lake Municipal Code Section 10-4C-5 (A) & River District SAP 08-001 Greenstone/ Development Regulations §10-4C-5(A), regarding bonding and assurances for CPA2018-0001 required site improvements Greenstone/ Section 4.1 of RD-SAP 08-001, the River District Zoning Matrix, to include CPA2018-0002 Recreational Vehicle Storage as an allowable use in the RD-M zone. Greenstone/ Liberty Lake Municipal Code Section 10-2C-7, Lot Area Dimensions, Coverage & CPA2018-0003 Residential Densities, eliminating minimum and maximum lot areas in the R-2 zone 4. Review of Agenda 5. Approval of Minutes: June 13, 2018 6. DISCUSSIONS/ PRESENTATIONS A. Planning & Building Permit Stats for First Half of 2018 – Barbara Barker B. Strategic Plan Status Update & Schedule – Lisa Key 7. Secretary’s Report 8. Planning Commissioner Reports 9. Citizens Comments 10. Adjournment Non-hearing items scheduled, and their order, are only tentative and are subject to change. The Planning Commission may not address all items as listed and/or may continue certain items to a later session. The Commission reserves the right to take action on all items listed on the agenda. The Planning Commission provides at least 3 minutes for public comment and submission of written comments for inclusion into the public record and consideration by the Planning Commission is encouraged. For more information, please contact Planning & Building Services at 755-6708. The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 48-hours advance notice for special accommodations.  Planning Commission Hearing Procedures 1. The Planning Commission Chair (“the Chair”) will open the hearing. 2. The Chair will read the hearing procedures for the benefit of the Planning Commission (“Commission”), the applicant, and the general public. 3. The Chair will remind members of the audience that those wishing to testify should fill out a form, with their name, address, phone number, and indicating whether they are in favor of the proposal, neutral, or opposed. 4. Staff will present an overview of the application and the staff report. 5. The applicant presents the application. 6. The Chair offers the public an opportunity to testify. The Chair may limit testimony to not less than 3 minutes per person. As those wishing to testify are called, speakers must come up to the podium, and state their name and address for the record. Commissioners may ask questions relevant to the testimony heard. No clapping, booing, hissing, or remarks from the audience shall be permitted. 7. The applicant will be given an opportunity to offer rebuttal on any public testimony heard. No new information may be introduced at this time, except in response to testimony given. 8. The Chair asks for additional comments from City Staff. 9. The Chair closes the public hearing for deliberations or continues the hearing to a date definite. 10. During deliberations, the Chair asks for a motion from the Commission. Once a motion and second have been made, the Commission deliberates on the application, and how it does or does not meet the approval criteria. 11. The Chair inquires if there is any further discussion by the Commission, or any final comments from City Staff. 12. The Chair calls for the vote. The motion, discussion, and vote are repeated as necessary until a motion passes. 13. The Planning Commission Secretary will prepare the Findings, Conclusions and Recommendation, as based upon the Commissions deliberation, for ratification at the next Planning Commission meeting.  STAFF REPORT TO THE PLANNING COMMISSION IN THE MATTER OF CASE NO. LUA2018-0036 / CPA2018-0001, A REQUEST FOR AMENDMENT TO CITY OF LIBERTY LAKE MUNICIPAL CODE § 10-4C-5 (A) & RIVER DISTRICT SAP 08-001 DEVELOPMENT REGULATIONS §10-4C-5(A), REGARDING BONDING AND ASSURANCES FOR REQUIRED SITE IMPROVEMENTS. HEARING DATE: July 11, 2018 @ 4:00 p.m. PROPOSAL COORDINATOR: Lisa D. Key, Interim Planning & Building Services Manager PROPOSAL SUMMARY: Location Citywide Applicant(s) Greenstone 2018 Development Code Text Amendment Proposal Information LUA2018-0036 / CPA2018-0001 Code Chapter / Section Proposed Amendment Liberty Lake Municipal Code Section 10-4C-5 (A) & River District SAP 08- 001 Development Regulations §10-4C-5(A), regarding bonding and assurances for required site improvements. Proposed Amendment: 10-4C-5 Bonding and Assurances Article 10-4C Site Design A. Performance Bonds. On all projects where project related Review improvements are required, the City shall require a bond in an amount not greater than 150% of the private cost as a condition of development approval in order to guarantee the improvements. Issuance of a temporary certificate of occupancy for fee simple residential units will not require a bond or assurance. Payment of a re-inspection and conversion fees will be required. Staff Report to the Planning Commission 1 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 STATE OF WASHINGTON REGULATORY FRAMEWORK, AUTHORITY & REQUIREMENTS: RCW 36.70A: Growth Management Act (GMA): Liberty Lake is mandated to plan under GMA. The City’s Comprehensive Plan and Development Regulations were developed in accordance with the requirements of GMA. Development Regulations are required to implement the City’s Comprehensive Plan, and any amendments to City Development Code must be consistent with the City’s adopted Comprehensive Plan. The City must provide reasonable public notice of proposed amendments and opportunities for public participation. WAC 365-196: Growth Management -- Procedural Criteria for Adopting Comprehensive Plans and Development Regulations Development code amendments must comply with procedures established in WAC 365-196, including rules regarding internal consistency, interjurisdictional coordination, public participation requirements, and notification to the Department of Commerce of “intent to adopt” proposed code amendments at least 60 days prior to final adoption. WAC 197-11: State Environmental Policy Act (SEPA) Rules: Development code amendments are subject to SEPA review as a non-project action, in accordance with procedures established in WAC 197-11. CITY OF LIBERTY LAKE REGULATORY FRAMEWORK & PROCEDURAL REQUIREMENTS: City Code §10-4B-5: Type IV Projects: Comprehensive Plan and Development Code Amendments are classified as Type IV Projects in the City of Liberty Lake Development Code and are considered legislative decisions. The procedural requirements and decision criteria are detailed in City Development Code §10-4B-5. SEPA REVIEW: SEPA Checklists were completed for the proposed Comprehensive Plan & Development Code Amendments. The City of Liberty Lake Planning & Building Services determined that the proposals, as non- project reviews, would have no significant adverse environmental impacts and issued a Determination of Nonsignificance (DNS) and Adoption of Existing Environmental Document on the 2018 Development Code Text Amendments on June 13, 2018. The City adopted the Spokane County Final Supplemental Environmental Impact Statement for the Spokane County Comprehensive Plan that was prepared on November 22, 2000 and was previously adopted for the original City of Liberty Lake Comprehensive Plan and Development Code, as well as the Final Environmental Impact Statement for the City of Liberty Lake Urban Growth Area Boundary Alternatives that was prepared on December 13, 2006. The Notice of Availability, SEPA Checklist and Threshold Determination, and Amendment Lists were routed to agencies on June 11, 2018 and a Notice of Availability was posted at the Liberty Lake Municipal Library and at City Hall, as well as being published in the June 15, 2018 edition of the Valley News Herald. On June 13, 2018, the Notice of Availability, SEPA Checklist and Threshold Determination, and Amendment Lists were also posted on the City website, and the notice and a link to the City website was emailed to the public notice group, as well as the amendment applicants. Comments on the SEPA Checklist and Threshold Determination were due by 4 p.m., on June 26, 2018. No comments were received. Staff Report to the Planning Commission 2 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 PROCEDURAL INFORMATION: March 30, 2018 Applications Received April 11, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list May 9, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list June 13, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list June 13, 2018 SEPA Notice of Availability Issued: NOA packet with SEPA checklist and DNS e-mailed to involved agencies, adjacent jurisdictions, “Notify Me” e-mail distribution list & posted on website June 15, 2018 SEPA Notice of Availability: Published in Valley News Herald June 26, 2018 SEPA Comment Period Ends SEPA appeal period begins June 27, 2018 Planning Commission Public Hearing Notice: Published on City website & distributed to City’s “Notify Me” e-mail distribution list June 29, 2018 Planning Commission Public Hearing Notice: Published in Valley News Herald July 11, 2018 Planning Commission Hearing & Recommendation: Agenda & staff report published on City website & distributed to City’s “Notify Me” e-mail distribution list on July 6th AGENCY REVIEW: SEPA Distribution List & Adjacent Jurisdictions: Liberty Lake Police Department; Avista; Century Link; Central Valley School District; City of Spokane Valley; CDA Tribe; Comcast; Spokane Clean Air; Spokane Valley Fire District; Spokane Transit Authority; Spokane Regional Health District; Spokane Tribe; WS Department of Ecology; S Department of Fish & Wildlife; WS Department of Natural Resources; WS Department of Transportation; Spokane Regional Transportation Council; Liberty Lake Water & Sewer District; Consolidated Irrigation District Spokane County Utilities; Spokane County Planning; WS Department of Commerce. Staff Report to the Planning Commission 3 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 Agencies Notified Notification Comment Summary SEPA Distribution List & SEPA Notice of Availability; No comments received Adjacent Jurisdictions Proposed Amendment Summary; Determination of Non-Significance (DNS) Emailed 6/11/18 PUBLIC COMMENTS (WRITTEN): Name & Address Comment Summary N/A No comments received RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES: Governance Policy 1: The City shall use the website, email, social media, newsletters, local newspapers, special announcements and other techniques to keep the community well-informed. Housing Goal 2: Encourage the availability of affordable housing to all economic segments, promote a variety of densities and housing types, and encourage the preservation of existing housing stock. Housing Policy 2: Periodically assess the effects of policies and regulations on the affordability of housing, fair housing choice, and examine the need to reduce regulatory barriers. STAFF ANALYSIS: The proposed amendment will reduce cost and improve efficiency both for the developer and the City. The City will not issue a temporary certificate of occupancy (TCO) if essential services and infrastructure (water, sewer, etc.) are not available. Bonding for landscaping, sidewalks, and driveways is time- consuming, staff intensive, and costly for both the developer and the City. The City will not issue a final Certificate of Occupancy (CO) unless the required improvements have been completed. The proposed revisions are consistent with the practice of other jurisdictions in Spokane County. FINDINGS: 1. The required SEPA review has been completed on the proposed amendment. 2. All public and agency notice requirements were met and accomplished in a timely manner. 3. The public was provided the opportunity for early and continuous participation. 4. The public had the opportunity to submit written comments and testify at a public hearing before the Planning Commission. Staff Report to the Planning Commission 4 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 CRITERIA FOR APPROVAL: The criteria for approval of a code amendment are established in City Code §10-4B-5(A), which states: A. Criteria for Amendment: The City may amend development regulations when it finds that any of the following applies: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification; 3. It is found that an amendment is necessary to correct an error; 4. It is found that an amendment is necessary to clarify meaning or intent; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed; or 6. Those amendments as deemed necessary by the City Council as being in the public interest. CONCLUSIONS: 1. The proposed amendment IS / IS NOT consistent with the Comprehensive Plan and IS / IS NOT detrimental to the public welfare. 2. The proposed amendment IS / IS NOT warranted by a change in economic, technological and/or land use conditions. 3. The proposed amendment IS / IS NOT necessary to correct an error. 4. The proposed amendment IS / IS NOT necessary to clarify meaning or intent. 5. The proposed amendment IS / IS NOT necessary to provide for a proposed use that was not previously addressed. 6. The proposed amendment IS / IS NOT deemed necessary as being in the public interest. NOTE: The Planning Commission should consider the above-listed statements in their deliberations. These conclusions should inform the motion for recommendation, as based on the “Criteria for Amendment” detailed in City Code §10-4B-5(A). RECOMMENDATION: In the matter of Case No. LUA2018-0036 / CPA2018-0001, a request for amendment to City of Liberty Lake Municipal Code § 10-4C-5 (A) & River District SAP 08-001 Development Regulations §10-4C-5(A), regarding bonding and assurances for required site improvements, the City of Liberty Lake Planning Commission recommends to City Council that the amendment be APPROVED/APPROVED WITH MODIFICATIONS/NOT APPROVED. NOTE: The Planning Commission should vote on a motion for recommendation in the above format. If the recommendation is to approve with modifications, the motion should identify the modifications proposed. Staff Report to the Planning Commission 5 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001  STAFF REPORT TO THE PLANNING COMMISSION IN THE MATTER OF CASE NO. LUA2018-0038 / CPA2018-0003, A REQUEST FOR AMENDMENT LIBERTY LAKE MUNICIPAL CODE § 10-2C-7, LOT AREA DIMENSIONS, COVERAGE & RESIDENTIAL DENSITIES, ELIMINATING MINIMUM AND MAXIMUM LOT AREAS IN THE R-2 ZONE HEARING DATE: July 11, 2018 @ 4:00 p.m. PROPOSAL COORDINATOR: Lisa D. Key, Interim Planning & Building Services Manager PROPOSAL SUMMARY: R-2 (Mixed Residential) Zone R-2 Zone Location Applicant(s) Greenstone Staff Report to the Planning Commission 1 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001  2018 Development Code Text Amendment Proposal Information LUA2018-0038 / CPA2018-0003 Code Chapter / Section Proposed Amendment Proposed Amendment to Table in Section 10-2C-7(C): Section 4.1 of River District SAP 08-001 Zoning Matrix (as amended by Ordinance 241) Staff Report to the Planning Commission 2 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 STATE OF WASHINGTON REGULATORY FRAMEWORK, AUTHORITY & REQUIREMENTS: RCW 36.70A: Growth Management Act (GMA): Liberty Lake is mandated to plan under GMA. The City’s Comprehensive Plan and Development Regulations were developed in accordance with the requirements of GMA. Development Regulations are required to implement the City’s Comprehensive Plan, and any amendments to City Development Code must be consistent with the City’s adopted Comprehensive Plan. The City must provide reasonable public notice of proposed amendments and opportunities for public participation. WAC 365-196: Growth Management -- Procedural Criteria for Adopting Comprehensive Plans and Development Regulations Development code amendments must comply with procedures established in WAC 365-196, including rules regarding internal consistency, interjurisdictional coordination, public participation requirements, and notification to the Department of Commerce of “intent to adopt” proposed code amendments at least 60 days prior to final adoption. WAC 197-11: State Environmental Policy Act (SEPA) Rules: Development code amendments are subject to SEPA review as a non-project action, in accordance with procedures established in WAC 197-11. CITY OF LIBERTY LAKE REGULATORY FRAMEWORK & PROCEDURAL REQUIREMENTS: City Code §10-4B-5: Type IV Projects: Comprehensive Plan and Development Code Amendments are classified as Type IV Projects in the City of Liberty Lake Development Code and are considered legislative decisions. The procedural requirements and decision criteria are detailed in City Development Code §10-4B-5. SEPA REVIEW: SEPA Checklists were completed for the proposed Comprehensive Plan & Development Code Amendments. The City of Liberty Lake Planning & Building Services determined that the proposals, as non- project reviews, would have no significant adverse environmental impacts and issued a Determination of Non-significance (DNS) and Adoption of Existing Environmental Document on the 2018 Development Code Text Amendments on June 13, 2018. The City adopted the Spokane County Final Supplemental Environmental Impact Statement for the Spokane County Comprehensive Plan that was prepared on November 22, 2000 and was previously adopted for the original City of Liberty Lake Comprehensive Plan and Development Code, as well as the Final Environmental Impact Statement for the City of Liberty Lake Urban Growth Area Boundary Alternatives that was prepared on December 13, 2006. The Notice of Availability, SEPA Checklist and Threshold Determination, and Amendment Lists were routed to agencies on June 11, 2018 and a Notice of Availability was posted at the Liberty Lake Municipal Library and at City Hall, as well as being published in the June 15, 2018 edition of the Valley News Herald. On June 13, 2018, the Notice of Availability, SEPA Checklist and Threshold Determination, and Amendment Lists were also posted on the City website, and the notice and a link to the City website was emailed to the public notice group, as well as the amendment applicants. Comments on the SEPA Checklist and Threshold Determination were due by 4 p.m., on June 26, 2018. No comments were received. Staff Report to the Planning Commission 3 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 PROCEDURAL INFORMATION: March 30, 2018 Applications Received April 11, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list May 9, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list June 13, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list June 13, 2018 SEPA Notice of Availability Issued: NOA packet with SEPA checklist and DNS e-mailed to involved agencies, adjacent jurisdictions, “Notify Me” e-mail distribution list & posted on website June 15, 2018 SEPA Notice of Availability: Published in Valley News Herald June 26, 2018 SEPA Comment Period Ends: SEPA appeal period begins June 27, 2018 Planning Commission Public Hearing Notice: Published on City website & distributed to City’s “Notify Me” e-mail distribution list June 29, 2018 Planning Commission Public Hearing Notice: Published in Valley News Herald July 11, 2018 Planning Commission Hearing & Recommendation: Agenda & staff report published on City website & distributed to City’s “Notify Me” e-mail distribution list on July 6th AGENCY REVIEW: SEPA Distribution List & Adjacent Jurisdictions: Liberty Lake Police Department; Avista; Century Link; Central Valley School District; City of Spokane Valley; CDA Tribe; Comcast; Spokane Clean Air; Spokane Valley Fire District; Spokane Transit Authority; Spokane Regional Health District; Spokane Tribe; WS Department of Ecology; S Department of Fish & Wildlife; WS Department of Natural Resources; WS Department of Transportation; Spokane Regional Transportation Council; Liberty Lake Water & Sewer District; Consolidated Irrigation District Spokane County Utilities; Spokane County Planning; WS Department of Commerce. Staff Report to the Planning Commission 4 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 Agencies Notified Notification Comment Summary SEPA Distribution List & SEPA Notice of Availability; No comments received Adjacent Jurisdictions Proposed Amendment Summary; Determination of Non-Significance (DNS) Emailed 6/11/18 PUBLIC COMMENTS (WRITTEN): Name & Address Comment Summary N/A No comments received RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES: Governance Policy 1: The City shall use the website, email, social media, newsletters, local newspapers, special announcements and other techniques to keep the community well-informed. Housing Goal 1: Preserve the character of existing neighborhoods and support high quality new development. Housing Goal 2: Encourage the availability of affordable housing to all economic segments, promote a variety of densities and housing types, and encourage the preservation of existing housing stock. Land Use Policy 1: Encourage developers to work with neighborhoods to develop plans that address neighborhood concerns, such as environmental protection, aesthetics, quality of life, property values, and preservation of open space. Housing Policy 2: Periodically assess the effects of policies and regulations on the affordability of housing, fair housing choice, and examine the need to reduce regulatory barriers. Housing Policy 3: When developing housing regulations, consider the balance between housing affordability and environmental quality, design quality, public resources, and maintenance of neighborhood character. STAFF ANALYSIS: The applicant indicates that this will provide greater flexibility in the R-2 zone, since currently, a smaller home on a narrow lot in that does not require a 5,000 sq. ft. lot is not allowed; and, conversely if a person wants to do a unique product with a detached type of garage on a lot greater than 10,000 sq. ft., that also is not permitted. Density and lot coverage provision, as well as setback requirements would still drive the number of units and overall intensity of development. The proposed amendment would apply to the Mission Villas Subdivision (south of Mission Avenue, and along E Maxwell Drive on the north side of I-90); Homestead –The Cottages PUD along E Maxwell Avenue on the south side of I-90); Meadowwood Village Phase II PUD (on the north side of E Valley Avenue); and, the undeveloped northern portion of Rock Hill North. Of those developments, both the Homestead – The Staff Report to the Planning Commission 5 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 Cottages PUD and Meadowwood Villas Phase II are completely built-out, and Mission Villas Subdivision is largely built-out. Only Rock Hills North would likely be impacted by the amendment. FINDINGS: 1. The required SEPA review has been completed on the proposed amendment. 2. All public and agency notice requirements were met and accomplished in a timely manner. 3. The public was provided the opportunity for early and continuous participation. 4. The public had the opportunity to submit written comments and testify at a public hearing before the Planning Commission. CRITERIA FOR APPROVAL: The criteria for approval of a code amendment are established in City Code §10-4B-5(A), which states: A. Criteria for Amendment: The City may amend development regulations when it finds that any of the following applies: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification; 3. It is found that an amendment is necessary to correct an error; 4. It is found that an amendment is necessary to clarify meaning or intent; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed; or 6. Those amendments as deemed necessary by the City Council as being in the public interest. CONCLUSIONS: 1. The proposed amendment IS / IS NOT consistent with the Comprehensive Plan and IS / IS NOT detrimental to the public welfare. 2. The proposed amendment IS / IS NOT warranted by a change in economic, technological and/or land use conditions. 3. The proposed amendment IS / IS NOT necessary to correct an error. 4. The proposed amendment IS / IS NOT necessary to clarify meaning or intent. 5. The proposed amendment IS / IS NOT necessary to provide for a proposed use that was not previously addressed. Staff Report to the Planning Commission 6 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001  6. The proposed amendment IS / IS NOT deemed necessary as being in the public interest. NOTE: The Planning Commission should consider the above-listed statements in their deliberations. These conclusions should inform the motion for recommendation, as based on the “Criteria for Amendment” detailed in City Code §10-4B-5(A). RECOMMENDATION: In the matter of Case No. LUA2018-0038 / CPA2018-0003, a request for amendment Liberty Lake Municipal Code § 10-2C-7, Lot Area Dimensions, Coverage & Residential Densities, eliminating minimum and maximum lot areas in the R-2 Zone, the City of Liberty Lake Planning Commission recommends to City Council that the amendment be APPROVED/APPROVED WITH MODIFICATIONS/NOT APPROVED. NOTE: The Planning Commission should vote on a motion for recommendation in the above format. If the recommendation is to approve with modifications, the motion should identify the modifications proposed. Staff Report to the Planning Commission 7 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001  STAFF REPORT TO THE PLANNING COMMISSION IN THE MATTER OF CASE NO. LUA2018-0037 / CPA2018-0002, A REQUEST FOR AMENDMENT TO SECTION 4.1 OF RD-SAP 08-001, THE RIVER DISTRICT ZONING MATRIX, TO INCLUDE RECREATIONAL VEHICLE STORAGE AS AN ALLOWABLE USE IN THE RD-M (RIVER DISTRICT – NEIGHBORHOOD CENTER) ZONE. HEARING DATE: July 11, 2018 @ 4:00 p.m. PROPOSAL COORDINATOR: Lisa D. Key, Interim Planning & Building Services Manager PROPOSAL SUMMARY: River District-M (Neighborhood Center) Zone Location Applicant(s) Greenstone 2018 Development Code Text Amendment Proposal Information LUA2018-0037 / CPA2018-0002 Code Chapter / Section Proposed Amendment Section 4.1 of River District SAP 08-001 Amend the River District Zoning Matrix to include Recreational Vehicle Storage as Zoning Matrix (as an allowable use in the RD-M (River District – Neighborhood Center) zone. amended by Staff Report to the Planning Commission 1 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 Ordinance 241) Proposed Amendment: STATE OF WASHINGTON REGULATORY FRAMEWORK, AUTHORITY & REQUIREMENTS: RCW 36.70A: Growth Management Act (GMA): Liberty Lake is mandated to plan under GMA. The City’s Comprehensive Plan and Development Regulations were developed in accordance with the requirements of GMA. Development Regulations are required to implement the City’s Comprehensive Plan, and any amendments to City Development Code must be consistent with the City’s adopted Comprehensive Plan. The City must provide reasonable public notice of proposed amendments and opportunities for public participation. WAC 365-196: Growth Management -- Procedural Criteria for Adopting Comprehensive Plans and Development Regulations Development code amendments must comply with procedures established in WAC 365-196, including rules regarding internal consistency, interjurisdictional coordination, public participation requirements, and notification to the Department of Commerce of “intent to adopt” proposed code amendments at least 60 days prior to final adoption. WAC 197-11: State Environmental Policy Act (SEPA) Rules: Development code amendments are subject to SEPA review as a non-project action, in accordance with procedures established in WAC 197-11. CITY OF LIBERTY LAKE REGULATORY FRAMEWORK & PROCEDURAL REQUIREMENTS: Staff Report to the Planning Commission 2 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001  City Code §10-4B-5: Type IV Projects: Comprehensive Plan and Development Code Amendments are classified as Type IV Projects in the City of Liberty Lake Development Code and are considered legislative decisions. The procedural requirements and decision criteria are detailed in City Development Code §10-4B-5. SEPA REVIEW: SEPA Checklists were completed for the proposed Comprehensive Plan & Development Code Amendments. The City of Liberty Lake Planning & Building Services determined that the proposals, as non- project reviews, would have no significant adverse environmental impacts and issued a Determination of Nonsignificance (DNS) and Adoption of Existing Environmental Document on the 2018 Development Code Text Amendments on June 13, 2018. The City adopted the Spokane County Final Supplemental Environmental Impact Statement for the Spokane County Comprehensive Plan that was prepared on November 22, 2000 and was previously adopted for the original City of Liberty Lake Comprehensive Plan and Development Code, as well as the Final Environmental Impact Statement for the City of Liberty Lake Urban Growth Area Boundary Alternatives that was prepared on December 13, 2006. The Notice of Availability, SEPA Checklist and Threshold Determination, and Amendment Lists were routed to agencies on June 11, 2018 and a Notice of Availability was posted at the Liberty Lake Municipal Library and at City Hall, as well as being published in the June 15, 2018 edition of the Valley News Herald. On June 13, 2018, the Notice of Availability, SEPA Checklist and Threshold Determination, and Amendment Lists were also posted on the City website, and the notice and a link to the City website was emailed to the public notice group, as well as the amendment applicants. Comments on the SEPA Checklist and Threshold Determination were due by 4 p.m., on June 26, 2018. No comments were received. PROCEDURAL INFORMATION: March 30, 2018 Applications Received April 11, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list May 9, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list June 13, 2018 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e- mail distribution list June 13, 2018 SEPA Notice of Availability Issued: NOA packet with SEPA checklist and DNS e-mailed to involved agencies, adjacent jurisdictions, “Notify Me” e-mail distribution list & posted on website June 15, 2018 SEPA Notice of Availability: Published in Valley News Herald Staff Report to the Planning Commission 3 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 June 26, 2018 SEPA Comment Period Ends SEPA appeal period begins June 27, 2018 Planning Commission Public Hearing Notice: Published on City website & distributed to City’s “Notify Me” e-mail distribution list June 29, 2018 Planning Commission Public Hearing Notice: Published in Valley News Herald July 11, 2018 Planning Commission Hearing & Recommendation: Agenda & staff report published on City website & distributed to City’s “Notify Me” e-mail distribution list on July 6th AGENCY REVIEW: SEPA Distribution List & Adjacent Jurisdictions: Liberty Lake Police Department; Avista; Century Link; Central Valley School District; City of Spokane Valley; CDA Tribe; Comcast; Spokane Clean Air; Spokane Valley Fire District; Spokane Transit Authority; Spokane Regional Health District; Spokane Tribe; WS Department of Ecology; S Department of Fish & Wildlife; WS Department of Natural Resources; WS Department of Transportation; Spokane Regional Transportation Council; Liberty Lake Water & Sewer District; Consolidated Irrigation District Spokane County Utilities; Spokane County Planning; WS Department of Commerce. Agencies Notified Notification Comment Summary SEPA Distribution List & SEPA Notice of Availability; No comments received Adjacent Jurisdictions Proposed Amendment Summary; Determination of Non-Significance (DNS) Emailed 6/11/18 PUBLIC COMMENTS (WRITTEN): Name & Address Comment Summary N/A No comments received RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES: Governance Policy 1: The City shall use the website, email, social media, newsletters, local newspapers, special announcements and other techniques to keep the community well-informed. Housing Goal 1: Preserve the character of existing neighborhoods and support high quality new development. Land Use Policy 1: Encourage developers to work with neighborhoods to develop plans that address neighborhood concerns, such as environmental protection, aesthetics, quality of life, property values, and preservation of open space. Urban Design Policy 1: Maintain design standards and a design review process to ensure that Staff Report to the Planning Commission 4 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 neighborhood and community centers are developed with minimal impact on surrounding land uses, are consistent with community character, and assure pedestrian and vehicular access. Urban Design Policy 19: Maintain design standards and land use plans for neighborhood centers, community centers, and the Central Business District that are based on the following principles: c. Unsightly views, such as heavy machinery, storage areas, loading docks, and parking areas, should be screened from the view of adjacent uses and from arterials. [relevant excerpt only] STAFF ANALYSIS: Currently, “outdoor vehicle storage” is not allowed in any zone within the River District. According to the applicant, they receive many requests for onsite RV storage so residents and non-residents do not have to travel to store and access their RVs. The applicant indicates that developed correctly with appropriate screening, any impacts to surrounding properties can be mitigated. The proposed amendment adds “Recreational Vehicle Storage” as a separate category within the matrix, thus distinguishing it from the category “vehicle storage”. Because the use is not currently allowed in any zone in the River District, no design or landscaping standards are provided for such uses in RD-SAP 08- 001. Screening and landscaping standards for this use have been added as a footnote to the River District Zoning Matrix, referencing Liberty Lake Municipal Code §10-3C-3(G), as detailed below: A. Screening of Mechanical Equipment, Outdoor Storage, and Loading Areas. All mechanical equipment, outdoor storage and manufacturing areas, and loading, service, and delivery areas, shall be screened from view from all public streets and any Residential Zones. Screening shall be provided by one or more of the following (minimum of 6 feet tall): 1. Decorative wall (i.e., masonry or similar quality material), 2. Evergreen hedge, 3. Sight-obscuring fence, or 4. Similar feature that provides a non-see through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements (Section 10-3B-2, subsection N) and provide for pedestrian circulation, in accordance with Article 10-3B - Access and Circulation. (See Section 10-3C-5 for standards related to fences and walls.) It should be noted that recreational vehicles are generally taller than the minimum height of 6 feet. Alternately, the Planning Commission may want to consider a modification to the proposed amendment, listing this as a limited use (“L”) in the matrix, and proposing some additional design standards and limitations, which may include, but not limited to additional screening height requirements. FINDINGS: 1. The required SEPA review has been completed on the proposed amendment. 2. All public and agency notice requirements were met and accomplished in a timely manner. 3. The public was provided the opportunity for early and continuous participation. Staff Report to the Planning Commission 5 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001  4. The public had the opportunity to submit written comments and testify at a public hearing before the Planning Commission. CRITERIA FOR APPROVAL: The criteria for approval of a code amendment are established in City Code §10-4B-5(A), which states: A. Criteria for Amendment: The City may amend development regulations when it finds that any of the following applies: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification; 3. It is found that an amendment is necessary to correct an error; 4. It is found that an amendment is necessary to clarify meaning or intent; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed; or 6. Those amendments as deemed necessary by the City Council as being in the public interest. CONCLUSIONS: 1. The proposed amendment IS / IS NOT consistent with the Comprehensive Plan and IS / IS NOT detrimental to the public welfare. 2. The proposed amendment IS / IS NOT warranted by a change in economic, technological and/or land use conditions. 3. The proposed amendment IS / IS NOT necessary to correct an error. 4. The proposed amendment IS / IS NOT necessary to clarify meaning or intent. 5. The proposed amendment IS / IS NOT necessary to provide for a proposed use that was not previously addressed. 6. The proposed amendment IS / IS NOT deemed necessary as being in the public interest. NOTE: The Planning Commission should consider the above-listed statements in their deliberations. These conclusions should inform the motion for recommendation, as based on the “Criteria for Amendment” detailed in City Code §10-4B-5(A). RECOMMENDATION: In the matter of Case No. LUA2018-0037 / CPA2018-0002, a request for amendment to Section 4.1 of RDSAP 08-001, the River District Zoning Matrix, to include recreational vehicle storage as an allowable use in the RD-M (River District – Neighborhood Center) zone, the City of Liberty Lake Planning Commission recommends to City Council that the amendment be APPROVED/APPROVED WITH Staff Report to the Planning Commission 6 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001 MODIFICATIONS/NOT APPROVED. NOTE: The Planning Commission should vote on a motion for recommendation in the above format. If the recommendation is to approve with modifications, the motion should identify the modifications proposed. Staff Report to the Planning Commission 7 2018 Development Code Text Amendment LUA2018-0036 / CPA2018-0001  PLANNING COMMISSION MEETING MINUTES WEDNESDAY, June 13, 2018 Planning Commission Members Present: Phil Folyer, Jesse Fox, Gary W. Green, Stan Jochim, Richard Siler, and Jared Von Tobel Adjunct Member(s) Present: Tom Sahlberg Absent: Charles Matthews, Jamie Baird Staff Present: Lisa Key, Katy Allen, Kelsey Wright Call to Order: Meeting was called to order at 4:02 p.m. Roll Call: Roll call was taken at 4:03 p.m. A quorum of members was present. Review of Agenda: May 9th minutes were approved. Citizens Comments: None were made at this time. Unfinished / New Business: No new or unfinished business at this time. Secretary’s Report: Lisa Key reported on upcoming meeting agenda items:  July 11th: o 2018 Code Amendment Requests: Public Hearing o Planning & Building Permit Stats, 1st half of 2018  August 8th o Low Impact Development Presentation by the River Keepers o (tentative) City of Liberty Lake Strategic Plan Update o Review of Bylaws Planning Commissioner Reports: No reports at this time. Action Items/ Discussions Presentations: Planning Commission Meeting Minutes Page 1|2 June 13, 2018 A. Status of Recruitment for Director of Planning & Engineering Services : City Administrator Katy Allen gave the Planning Commission an update on the reorganization of departments, and the recruitment for the position of Director of Planning & Engineering. Questions asked and answered. Katy Allen requested if any of the Planning Commissioners, particularly with Engineering experience, would be willing to sit in on the interview process. B. Administrative Interpretation re Design Standards in River District SAP: Lisa Key discussed the process of Administrative Interpretations, as provided for in City Development Code §10- 4G-2, and provided some background on the Administrative Determination dated June 1, 2018. Questions asked and answered. C. 2018 Comprehensive Plan & Development Code Amendment Request Workshop: Lisa Key summarized the three requested amendments, reviewed the proposed text amendment language that would be going to hearing, and discussed the schedule moving forward. Questions asked and answered. D. Discussion regarding Amendments to City of Liberty Lake Planning Commission Bylaws: In In the interest of efficiency and transparency, Lisa Key proposed a process where Planning Commissioners would review the bylaws, submit comments or proposed changes for discussion, and e-mail them to staff. Lisa suggested that staff could compile them, and the proposed revisions could be fully discussed and vetted by the Planning Commission at their August or September meeting. It was suggested by the Planning Commission that “Conflict of Interest” be defined. .Citizens Comments: City Administrator Katy Allen briefly reported on two items:  In two weeks, the City of Liberty Lake will have new tables and rearrangement of the chambers, including monitors with the ability to televise.  Land Quality Analysis 2015 o It was found that the analysis completed in 2015 overstates our growth and densities by approximately 20-25%, the City of Liberty Lake is reexamining the numbers o The analysis was used to draw boundaries for the new Middle School and Spokane Valley The Planning Commission requested that once accurate numbers are compiled, it would be an agenda item in a future meeting. Adjournment: The meeting adjourned at 5:20 p.m. Planning Commission Meeting Minutes Page 2|2 June 13, 2018