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City Planning Commission

Regular Meeting

Liberty Lake, WA · March 13, 2019

AgendaMinutes

Minutes

PLANNING COMMISSION MEETING MINUTES WEDNESDAY, MARCH 13, 2019 Planning Commission Members Present: Phil Folyer, Charles Matthews, Jamie Baird, Jesse Fox Adjunct Member(s) Present: Anita Eylar Absent (Excused): Joshua McKee, Tom Sahlberg, Richard Siler Staff Present: Lisa Key, Kelsey Wright Call to Order: Meeting was called to order at 4:01 p.m. Roll Call: A quorum of members was present. Review of Agenda & Approval of Minutes: Commissioner Baird moved that the February 13th minutes be approved, seconded by Commissioner Fox. Minutes were approved with all ayes. Action Items/ Discussions Presentations: A. Proposed 2019 Docket- City Initiated Comprehensive Plan Code Amendments: Lisa Key presented an overview of the items being proposed by the City for amendments to the City’s Comprehensive Plan. Items include zoning and comprehensive plan map updates to reflect the land recently annexed into the City, adding a flood damage prevention ordinance, correcting notice requirements for Type II administrative appeals, and updating regulations on adult living facilities to align with state law. Other clean up items to include adjustments to regulations on electronically changeable reader board signs, chain link fencing in the river district and changing “P&CD Director” to “Zoning Administrator”. Also discussed was the idea of allowing additional extensions for phased subdivisions. Questions asked and answered. B. Food Truck Code Amendment Workshop: Lisa Key presented an overview of the existing regulations pertaining to food trucks, as well as the proposed Code amendments to allow for food trucks in the industrial zone. Questions asked and answered. Following Lisa’s presentation, Erin Whitney, owner of Snow Eater Brewing Company and Sarah Lathrop, owner of Liberty Lake Wine Cellars each spoke about why allowing food trucks at their businesses was important to them. Questions asked and answered. Following discussion, it was decided to take the proposed Code amendments to hearing at the next Planning Commission meeting. C. Design Review Code Workshop (City Development Code 10-4C): Lisa Key reviewed an overview of the process for Design review and noted a few modifications to the proposed code amendments since the last workshop. Questions asked and answered. Following discussion, it was decided to take the proposed Code amendments to hearing at the next Planning Commission meeting. Planning Commission Meeting Minutes Page 1|2 March 13th, 2019 D. 5G Small Cell Required Code Amendments: Lisa Key presented information on the 5G Small Cell requirements from the FCC Declaratory Ruling, as well as ideas from sample ordinances from other jurisdictions and associations. She highlighted the need to revise our code and some suggestions on what to include in our code, as well as the time frame in which it would need to be implemented in order to address current applications. Questions asked and answered. Secretary’s Report: Lisa Key reported on the below listed items: o 2019 Code Amendment Pipeline Planning Commissioner Reports: No reports at this time. City Council Reporter of the Month: Commissioner Folyer volunteered to report at the next City Council meeting. Citizens Comments: No comments made at this time. Adjournment: The meeting adjourned at 5:59 p.m. Planning Commission Meeting Minutes Page 2|2 March 13th, 2019

Agenda

PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MARCH 13, 2019 CITY HALL COUNCIL CHAMBERS 4:00 P.M. Planning Commission Members: Jamie Baird, Phil Folyer, Jesse Fox, Joshua McKee, Charles Matthews, Tom Sahlberg, and Richard Siler Adjunct Member(s): Anita Eylar Staff: Lisa Key, Kelsey Wright, Barbara Barker 1. Call to Order 2. Roll Call 3. GENERAL BUSINESS: • Review of Agenda • Approval of Minutes: February 13, 2019 4. DISCUSSIONS/ PRESENTATIONS: • Proposed 2019 Docket - City Initiated Comprehensive Plan Code Amendments • Food Truck Code Amendment Workshop – Lisa Key • Design Review Code Workshop (City Development Code 10-4C) - Lisa Key • 5G Small Cell Required Code Amendments – Lisa Key 5. REPORTS: • Secretary’s Report o 2019 Code Amendment Pipeline • Planning Commissioner Reports • City Council Reporter of the Month 6. Citizens Comments 7. Adjournment Next Meeting: April 10, 2019 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 & Engineering 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 MEETING MINUTES WEDNESDAY, FEBRUARY 13, 2019 Planning Commission Members Present: Phil Folyer, Joshua McKee, Charles Matthews, Tom Sahlberg, Richard Siler Adjunct Member(s) Present: Excused: Jamie Baird, Jesse Fox, Anita Eylar Staff Present: Lisa Key, Kelsey Wright, Barbara Barker Call to Order: Meeting was called to order at 4:01 p.m. Roll Call: A quorum of members was present. Review of Agenda & Approval of Minutes: The Commission unanimously approved the agenda. Commissioner McKee moved that the January 23rd minutes be approved, seconded by Commissioner Sahlberg. Minutes were approved with all ayes. General Business: A. Ratification of Findings, Conclusions & Recommendations regarding Street Tree Regulation Amendments: Commissioner Sahlberg moved to ratify the Findings, Conclusions & Recommendations regarding the Street Tree Regulation Amendments, seconded by Commissioner Matthews. Findings, Conclusions & Recommendations ratified with all ayes. Action Items/ Discussions Presentations: A. 5G Small Cell Required Code Amendments: Lisa Key presented a brief overview of 5G Small Cells and the recent FCC declaratory ruling. Jason Verduzco with Verizon Wireless followed with a presentation including further detail on 5G and network evolution, as well as characteristics of small cells and examples in communities with pilot programs. Questions asked and answered. B. Liberty Lake 2018 Development Statistics: Barbara Barker presented a year end summary of development statistics within the City for both residential and commercial building projects. Comparisons with previous years were also noted. Questions asked and answered. C. Design Review Code Workshop (City Development Code 10-4C): Lisa Key presented on some of the shortcomings of our current Design Review Code and explained an overview of the different roles in the review process – Site Plan Review, Design Review, and Building Review. Questions were asked and answered. The Planning Commission requested deferring additional discussion on the proposed amendments until the March meeting, in the interest of time. Planning Commission Meeting Minutes Page 1|2 February 13th, 2019 Secretary’s Report: Lisa Key reported on the below listed items: o Food Truck Code Amendments, which were referred to the Planning Commission by City Council. Planning Commissioner Reports: Commissioner Folyer inquired as to the status of the Steering Committee for the Golf Course. Commissioner Siler had volunteered to participate previously, Commissioner Folyer also expressed interest in being on the committee. City Council Reporter of the Month: Commissioner Sahlberg volunteered to report at the next City Council meeting. Citizens Comments: No comments made at this time. Adjournment: The meeting adjourned at 6:01p.m. Planning Commission Meeting Minutes Page 2|2 February 13th, 2019 PLANNING, ENGINEERING & BUILDING SERVICES 2019 Proposed Docket City-Initiated Comprehensive Plan & Code Amendments Proposed Amendment Description Reason Comprehensive Plan Maps Map 1.1, Liberty Lake Boundary Add newly annexed CVSD school Map 3.2, Cultural Landmarks property to Comp Plan Maps Map 5.1, Comp Plan Land Use Map Map 5.3, City Annexed Areas Map 8.1, City Street System Zoning Map Amend Zoning Map (City Code §10- Update based on annexation 2A-5) to add newly annexed CVSD ordinance property, with zoning designation of “P” Flood Damage Prevention Add new section, §10-6F, Flood To allow the City to participate in the Ordinance Damage Prevention Ordinance National Flood Insurance Program (NFIP) Correction to Notice Requirements Amend §10-4B-4(F), notice Correct an error in City Development for Type II Administrative Appeal requirements, under Administrative Code & River District Development in City & River District Appeal, to reflect that appeals of the Code, as adopted by Ordinance 241, Development Code §10-4B-4(F) Hearing Examiner’s final decision can to be consistent with other sections be made Spokane County Superior of §10-4B, Types of Applications & Court (not City Council). Review Procedures Adult Family Homes Consistent with RCW 70.128, amend Consistent with RCW 70.128, and as the Zoning Matrix (§10-2A-4) & the detailed in memo data 4/30/2018, River District Zoning Matrix (Section “Adult Family Homes” must be 4.1 of the RDSAP) to add “Adult permitted uses in all residential and Family Home” as a permitted use in all commercial zones. residential and commercial zones; add definition to §10-1-C of City & River District Development Codes, consistent with the definition in RCW 70.128.010. Electronically Changeable Add new City Development Code §10- Consistent with Administrative Monument Signs on Public 3E-7(H)(1)(c),allowing electronically Determination dated June 1, 2018 Property changeable monument signs on all public or semi-public institutional properties located in the City of Liberty Lake, provided they comply with the dimensional requirements in §10-3E-7. 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV Proposed Amendment Description Reason Chain Link Fence for Sports Amend River District Development Consistent with Administrative Facilities on Public Property in the Code §10-3C-5(2), to allow chain link Determination dated June 1, 2018 River District fence material with black or green vinyl coating for tennis courts, ball fields, or other sports facilities located on publicly owned or maintained properties located in any zone in the River District. Allowing Additional Extensions for Amend City & River District Allow the full buildout of large, Phased Subdivision Development Code §10-4D-3(D) to phased subdivisions, particularly in allow additional extensions if the periods of economic downturn developer meets the standards of approval and has platted at least one phase in the previous extension Change “Planning & Community Except for signature lines on plats, Consistency and general code Development Director” & “P&CD change all references to ”Planning & cleanup Director” to “Zoning Community Development Director” Administrator” or “P& CD Director” to “Zoning Administrator”, and add definition in §10-1C, Definitions : “Director overseeing Planning, Engineering & Building Services, or his/her designee” PLANNING, ENGINEERING & BUILDING SERVICES AMENDED FOOD TRUCK CODE AMENDMENT PROJECT CHARTER Background: Under current City Code, “Food Trucks” also known as mobile food concessions, are a “Limited Use” in all zones. The standards for the “limited use” require a temporary use permit (as detailed in in City Code §10‐4I‐1). Under these provisions, “food trucks” on public property or in the public ROW are only permitted during a community event or sports league play, and “food trucks” on private property are only allowed when associated with a temporary carnival/ fair, sidewalk sale, non‐profit fundraiser, or community event. The required temporary use permit limits use to 21 consecutive days, or no more than 90 days in a calendar year. The temporary use permit requires a site plan, as well as refuse disposal, fire extinguisher and Health Department food vendor permit. On February 5, 2019, City Council held a workshop to discuss potential changes to code to allow food trucks in the Light Industrial (“I”) zone. City Council asked that potential code revisions be referred to the Planning Commission for their consideration and recommendation, and that staff prepare a schedule for development of those code revisions. Scope: The following is a high level summary of elements to be considered in the development of this code amendment:  Allow “Food Trucks” on private property in the “I” zone by special usetemporary use permit when Commented [LK1]: “Special use” in the development code associated with an existing business. applies to a use that is not already listed in code, and requires a hearing before the hearing examiner. Better approach is to o Require site plan to address location on private property, traffic circulation, refuse disposal, clean up the definition of “temporary use”, which already fire extinguisher, seating (if applicable); includes longer term uses temporary sales offices, model o Require City of Liberty Lake Business License and Health Department Food Vendor Permit. homes and temporary buildings which are permitted for a year or more.  Incorporate “Director’s Interpretation” from Policy Bulletin No. 21 into code related to “temporary use permits”: o Non‐profit Mobile Sales/ Concessions fees may be waived; and, Commented [LK2]: Not a matter addressed by o Permits for individual vendor booths within a larger non‐profit special event permit may be development code. waived provided they have been addressed in the site plan for the event.  Consider provisions for permitting of “ice cream trucks” within the City. Commented [LK3]: Ordinance No. 96 Peddlers/Solicitor’s  Other potential revisions as may be identified through the review process. License is applicable to Ice Cream Trucks as peddler who go from “place to place” selling and providing immediate  Will engage both the new “Tasting Room” Cluster of Entrepreneurs & “Brick & Mortar” delivery of goods Restaurants in workshop & hearing process Schedule: The table on the following page details a reasonably aggressive timeline, as per City Council’s request. 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV FOOD TRUCK CODE AMENDMENT TIMELINE Date Action Contingency 3/13/19 Planning Commission Workshop 3/18/191 60 Day Notice of Intent to Adopt to Department of Commerce 4/10/19 Planning Commission Public Hearing Hearing could be delayed until 5/8/19, if second workshop needed 5/8/19 PC Adopts Findings, Conclusions & Recommendations 5/21/19 City Council Public Hearing 5/21/19 City Council 1st & 2nd Reading If Council does not suspend the rules to allow the first and second reading, Council action will be delayed to 6/4/19 5/31/192 Effective Date (Date of Publication) Deadline for submittal for publication is noon on 5/28/19 1 Critical Path: Earliest date for City Council action, based on this date, is 5/21/19. 2 If 2nd reading is postponed to 6/4/19, effective date (date of publication) will be 6/14/19. 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV PROPOSED “FOOD TRUCK” DEVELOPMENT CODE AMENDMENT Development Code §10‐1C (B): Definitions Mobile sales / concessions ‐ A mobile food service establishment or mobile sales booth operating at a non‐permanent fixed location under an approved Temporary Use Permit. Definition does not include espresso stands as defined herein or Solicitors / Peddlers as defined in City Ordinance 96. Temporary Use ‐ A use approved for location on a lot for a period not to exceed 90 days with the intent to discontinue such use after the time period expires. Temporary uses are characterized by the non‐ permanent nature of the facilities/site improvements, and/ir or the short term or seasonal nature of the use. and by the fact that permanent improvements are not made to the site. Temporary uses are subject to standards and criteria as may be required in the zone and require administrative approval from P&CD. These uses require approval of afor a Temporary Use Permit as set forth in Section 10‐4I‐1. Development Code §10‐2J ‐‐ I (Light Industrial Zone) §10‐2J‐3(C) Requirements for Specific I Limited Uses: 2. Mobile sales / concessions a. Requires application for and approval of a Temporary Use Permit as outlined in Section 10‐4I‐1. b. May be located on private property as an accessory use, where a principal use has already been established on the subject property. c. Only permittedMay be located in public right‐of‐way onlyduring when associated with a special community events, such as Liberty Lake Yard Sale Weekend. d. Hours of operation for the mobile concession shall be limited to the hours of operation of the principal use associated with the subject property, except when associated with a community event, in which case the hours of operation for the mobile concession shall be limited to the hours of operation of that community event. Development Code §10‐4I‐1 – Temporary Use Permits Temporary uses are characterized by non‐permanent nature of the facilities/site improvements, and/ir or their short term or seasonal nature of the use. and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, mobile sales / concessions, and seasonal sales such as Christmas tree sales and vegetable stands. The uses listed below have specific requirements for Temporary Use Permit approval. The uses below and other uses listed in the Zoning Matrix may require a Temporary Use Permit with additional regulations or requirements identified in the Limited or Conditional Use: A. Seasonal and Special Events. These types of uses generally occur only once in a calendar year and for no longer a period than 90 days, unless approved for an extended period of time by the Director. Using the Exempt project procedure under Article 10‐4B, the Director /Designee shall approve, approve with conditions, or deny a temporary use permit for a seasonal or special event based on findings that all of the following criteria are satisfied: 1. The use is permitted in the underlying zoning district and does not violate any conditions of approval for the property (e.g., prior development permit approval); 2. The use does not violate zoning ordinances or conditional use permits applicable to the site; 3. The applicant provides proof that the property‐owner gave permission to use his/her property in the proposed manner; 4. No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement under Article 10‐3D ‐ Vehicle and Bicycle Parking; 5. The use provides adequate vision clearance, as required in Section 10‐3B‐2, subsection N, and shall not obstruct pedestrian access on public streets; 6. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Article 10‐3B ‐ Access and Circulation; 7. The use does not create adverse, off‐site impacts such as vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner which other uses allowed outright in the zone do not affect the adjoining use; and 8. The use is adequately served by public sewer and water, if applicable. (The applicant shall be responsible for obtaining any related permits.) B. Temporary Sales Office or Model Home. Using the Exempt project procedure under Article 10‐4B, the Director / Designee may approve, approve with conditions, or deny an application for the use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the City, based on the following criteria: 1. Temporary sales office: a. The use will be for no other purpose other than those described above; and b. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold; and c. The property to be used for a temporary sales office shall not be permanently improved for that purpose and shall be removed or the sales office use shall be discontinued upon sell‐out of the subdivision or tract of land, unless the temporary sales office is located within a model house where the use shall comply with the requirements in subsection "2‐c" below; and d. The temporary sales office may be located in the model house defined below. 2. Model house: a. The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and b. The model house shall be designed as a permanent structure that meets all relevant requirements of this Code; and c. The model house use shall be discontinued and the structure shall be converted to a saleable house, if necessary, after a period of three (3) years, unless the phase in which the model house is located is less than 80% sold‐ out in which case, the Director may grant up to two, one (1) year extensions for the model house use. If the model house contains a temporary sales office, the time limits specified above for the model house shall apply. C. Temporary Building. Using the Exempt project procedure, as governed by Article 10‐4B, the Director / Designee may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property, based on the following criteria: 1. The temporary trailer or prefabricated building will be for no other purpose other than those described above; 2. The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located; 3. The primary use on the property on which the temporary trailer or pre‐fabricated building is to be located is already developed; 4. Ingress and egress are safe and adequate when combined with the other uses of the property, as required by Article 10‐3B ‐ Access and Circulation; 5. There is adequate parking for the customers or users of the temporary use, as required by Article 10‐3D ‐ Vehicle and Bicycle Parking; 6. The use will not result in vehicular traffic congestion on streets; 7. The use will pose no hazard to pedestrians in the area of the use; 8. The use does not create adverse off‐site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner which other uses allowed outright in the zone do not affect the adjoining use; and 9. The building complies with applicable building codes; 10. The use can be adequately served by public sewer and water, if applicable. (The applicant shall be responsible for obtaining any related permits); and 11. The length of time that the temporary building will be used does not exceed one (1) year, unless approved for an extended period of time by the Director. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit. D. Mobiles Sales / Concessions. Using the Exempt project procedure under Article 10‐4B, the Director / Designee shall approve, approve with conditions, or deny a temporary use permit for a mobile food service establishment or mobile sales booth, based on the following criteria: 1. Mobile food service establishment: a. A truck, trailer, or cart located in a non‐permanent fixed location utilized primarily for the sale of food; b. Only permitted on public property or within the public right‐of‐way when associated with a community event as defined in this Code and determined by the City, or when associated with sports league play; the City has the right to limit the number of mobile food service establishments and types of products; c. Only May be permitted on private property when associated with a temporary carnival or fair, parking lot or sidewalk sale, non‐profit fundraiser, or a community event as defined in this Code and determined by the City; d. May be permitted on private when explicitly allowed within the zoning district of the proposed location, and subject to the standards of that zoning district. e. Mobile food service establishments associated with a special event cannot be utilized on public or private property for more than twenty one (21) consecutive days or the duration allowed within any one year for Seasonal and Special Events above, unless approved for an extended period of time by the Director / Designee; f. Temporary use permits for mobile food service establishments that are explicitly allowed within the zoning district shall be remain in effect for a period of one year. When the permit expires, the applicant shall be require to renew the temporary use permit, or remove the mobile food service establishment. g. A site plan must be submitted and the mobile food service establishment will only be permitted in a location approved by the City that allows for safe pedestrian, vehicular, and emergency access; h. The mobile food service establishment shall contain at least one functional fire extinguisher; i. The mobile food service establishment must have a trash and garbage disposal container capable of holding all trash and garbage generated by the operation of the concession. The container shall be emptied periodically as necessary in order to ensure, at all times, public access and use of the container; j. The applicant must provide proof that the property‐owner gave permission to use his/her property in the proposed manner; and j.k. Proper Health Department and City regulations, permits, and approvals must be obtained and complied with.; and, l. Hours of operation for the mobile concession shall be limited to the hours of operation of the principal use associated with the subject property, except when associated with a community event, in which case the hours of operation for the mobile concession shall be limited to the hours of operation of that community event. 2. Mobile sales booth: a. A booth (including trailer, canopy, or display area) utilized for the sale or display of goods or services located in a non‐permanent fixed location; b. Only permitted on public property or within the public right‐of‐way when associated with a community event as defined in this Code and determined by the City; 1. The City has the right to limit the number of vendors and types of products and services. 1.2. The following products and services shall be prohibited and on‐site enforcement of the prohibition shall be conducted by the Liberty Lake Police Department:  Adult oriented merchandise or services  Drug paraphernalia  Hazardous materials  Illegal merchandise or services  Tobacco  Weapons  Similar products and services as listed above, as determined by the Director / designee; c. Only permitted on private property when associated with a temporary carnival or fair, parking lot or sidewalk sale, non‐profit fundraiser, or a community event as defined in this Code and determined by the City; d. Mobile sales booths cannot be utilized on public or private property for more than twenty one (21) consecutive days or the duration allowed within any one year for Seasonal and Special Events above, unless approved for an extended period of time by the Director / Designee; e. A site plan must be submitted and the mobile sales booth will only be permitted in a location approved by the City that allows for safe pedestrian, vehicular, and emergency access; f. The applicant must provide proof that the property‐owner gave permission to use his/her property in the proposed manner; and g. City regulations, permits, and approvals must be obtained and complied with. 3. The requirement for individual permits for mobile sales/concessions vendors within a larger non‐profit special event may be waived, provided the mobile sales/concessions have been addressed in the Seasonal and Special Event permit application and site plan, as required in paragraph A of this section. Article 10-4C — Site Design ReviewPreliminary Design, Site Plan, and Building Plan Review and Approval Sections: 10-4C-1 Purpose 10-4C-2 ApplicabilityPreliminary Design Review 10-4C-3 Site Plan Design Review and ApprovalApplication Submission Requirements 10-4C-4 Building Plan Submission and Review Requirements Site Design Review Approval Criteria 10-4C-5 Bonding and Assurances 10-4C-6 Development in Accordance With Permit Approval 10-4C-1 Purpose The purpose of this Chapter is to: A. Provide rules, regulations, and standards for efficient and effective administration of site preliminary design review, where applicable, and site plan review and approval required for building permit issuance. B. Carry out the development pattern and plan of the City and its comprehensive plan policies; C. Ensure the that site design is consistent with code, standards, and policies established to protect public health, safety, and general welfare; D. Lessen or avoid impacts to community infrastructure; and E. Encourage the conservation of energy resources, efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design. E.F. Provide design guidance to the applicant in accordance with City code and standards before full construction documents are completed. 10-4C-2 ApplicabilityPreliminary Design Review A. Applicability. The Design Review Subcommittee of the Planning Commission shall conduct a preliminary design review and make design recommendations is required for the types of construction or development listed below, in accordance with the design standards and established by City Code, and the design review criteria detailed in paragraph 10-4C- 2(C) of this section, except that all developments in areas of special concern such as environmental and cultural preservation shall also use additional site design review procedures for those areas. Per the discretion of P&CD, projects may not require all of the submissions noted in Section 10-4C-3 below. Site design review shall be required for all new construction or developments and modifications of existing construction or developments, except that regular maintenance, repair, and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair shall be exempt, unless the structure or site is non- conforming and the repair or replacement of materials causes a loss of non-conforming status (see Article 10-5C). Site Design Review. Site design review is conducted by P&CD and is based on clear and objective criteria and ensures compliance with the basic development standards of the zoning district (e.g., building setbacks, lot coverage, maximum building height, etc.), as well February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-25 as the more detailed design standards and public improvement requirements in Chapters 2 and 3. . 1. Developments within designated mixed-use areas; 2. Planned unit developments and large scale residential developments; 3. Public and semi-public institutional buildings over 5,000 sq. ft.; 4. Aesthetic corridors and boulevards, and adjacent development; 5. Commercial and industrial developments; 6. Developments adjacent to natural areas, critical areas, or shorelines; and 7. All non-residential buildings that are visible from a public street. 1. Commercial and industrial buildings; 2. Attached dwellings (single & multi-family) that: 3. Exceed 100’ in length along the primary street frontage, or;include five or more attached units, orinclude 3 or more independent buildings in a project. 4. Manufactured home parks; 5. Modifications to development approvals as defined by Article 10-4F; 6. Any proposed development which has a valid conditional use permit. Major modifications to a development with a conditional use permit shall require review and approval in accordance with Article 10-4H - Conditional Use Permits; Other developments, including single-family detached dwellings, manufactured homes, and two-family duplexes, when required by a condition of approval or within this Code.Preliminary Design Review is recommended to be completed during design development so that recommendations can be incorporated into the final site plans and construction documents prior to permit submittal and review. B. Preliminary Design Review Submission Requirements: Prior to issuance of permits or approvals, preliminary design review shall be conducted for the projects listed in Section 10-4C-2(A) above. The following information, as applicable, is generally required for preliminary design review application submittal: 1. General Submission Requirements. The applicant shall submit an application containing all of the general information detailed on the City’s application for Preliminary Design Review with required attachments as detailed on the submittal checklist contained therein. 2. Preliminary Design Review Information. An application for preliminary design review shall include the following information, as deemed applicable by the City: a. Preliminary Site Plan: At a minimum, the preliminary site plan shall include the following information, as applicable: i. Name, phone number and e-mail address of project designer, contact person, engineer, surveyor, and/or planner, as applicable. ii. The proposed development site, including boundaries, dimensions, and gross area; iii. Existing features of the site, if any, which are proposed to remain on the site. iv. Existing features of the site, if any, which are proposed to be removed or modified by the development; v. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements; vi. The location and dimensions of all existing and proposed structures, February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-26 utilities, pavement, and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan; vii. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access; viii. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls, ADA stalls and wheel stops, as applicable); ix. Parking stall counts and calculations per Article 10-3D-3. x. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails per Article 10-3B-3; xi. Loading and service areas for waste disposal, loading, and delivery; xii. Detail of refuse enclosure, including gate. xiii. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable; xiv. Location, type, and height of outdoor lighting; xv. Location of mail boxes, if known; xvi. Location of bicycle parking with number of spaces indicated; xvii. Location of bus stops and other public or private transportation facilities; xviii. Locations, sizes, and types of proposed signs; and, xix. North arrow and scale. b. Architectural drawings. Architectural drawings shall include the following information: i. Name, phone number, and e-mail address of architect, project designer, contact person, as applicable.; ii. Building elevations with design detail including windows, window awnings, entries, projections, pedestrian entrance canopies, change in materials or similar features, building height and width dimensions; iii. Building materials, color, and type; iv. Total building footprint square footage and percentage of parcel or lot covered by buildings and other structures; and, v. Scale and dimensions. c. Preliminary Landscape Plan. The preliminary landscape plan shall include the following information: i. Name, phone number, and e-mail address of project designer, contact person, engineer, landscape architect, and/or planner, as applicable; ii. The location and height of existing and proposed fences and other buffering or screening materials; iii. Dimensional width of all perimeter landscape buffers per Article 10-3C- 3(F); iv. The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas; v. The location, size, and species of the existing-to-remain and proposed plant materials (at time of planting); vi. Existing and proposed building, pavement outlines and landscape protective curbing; vii. Calculation stating the percentage of landscape area per Article 10- 3C-3(D); February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-27 viii. North arrow and scale; and, ix. Other information as deemed appropriate by City. An arborist’s report may be required for sites with significant vegetation that is protected under Article 10-3C of this Code. Per the discretion of the City, some projects may combine site and landscape plans. d. Letter or narrative report documenting compliance with the applicable design standards, and the approval criteria contained in Section 10-4C-2(C) below. Per the discretion of City, some projects may not require all of the submissions detailed above at the time of Preliminary Design Review. C. Preliminary Design Review Criteria: Upon preliminary design review, the Design Review Subcommittee of the Planning Commission shall make written design recommendations based upon the following criteria: 1. The proposed land use is permitted by the underlying zoning district, and conforms with any special standards as may be associated with such a use in the underlying zone, as detailed in Chapter 2 of this title. 2. The proposed development is generally consistent with adopted Comprehensive plan goals and policies, and complies with applicable design provisions of the underlying zoning district, which are intended to protect the City’s scenic views, provide community cohesion, and enhance the community image of Liberty Lake. 3. The proposed development is in conformance with specific design standards detailed in Chapters 2 and 3 of this title, including: a. building and yard setbacks; b. lot area and dimensions; c. residential density; d. lot coverage; e. building height; f. building orientation; g. architectural design standards; and, h. other development standards, as detailed in Chapters 3 of this title, have been met. 4. Exceptions to paragraph 3, above, shall be permitted when approved as a Variance in accordance with the procedures and standards detailed in Article 10- 5B. 5. The preliminary site plan and building design brings into conformance any existing development that does not comply with the applicable zoning district standards, when so required in accordance with the provisions of Article 10-5C, Non- Conforming Uses and Development. 6. The design review shall lapse, and a new application shall be required if an application for the building permit has not been submitted within 6 months of issuance of the preliminary design review recommendation, unless an extension has been approved, as provided for in Section 10-4C-6(C). February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-28 10-4C-3 Site Design Review Application Submission RequirementsSite Plan Review and Approval A. Applicability. Site plan review and approval in accordance with the provisions of this section shall be required for all new construction or developments and modifications of existing construction or developments listed below, except that regular maintenance, repair, and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair shall be exempt, unless the structure or site is non-conforming and the repair or replacement of materials causes a loss of non-conforming status (see Article 10-5C). 1. Governmental, public and semi-public institutional buildings; 2. Commercial and industrial buildings; 3. Attached dwellings (single & multi-family) that: a. Exceed 100’ in length along the primary street frontage, or; b. encompass three or more attached units; 4. More than 2 detached dwellings or two-family residential units located on a single lot or parcel; 5. Manufactured home parks; 6. Modifications to development approvals as defined by Article 10-4F; 7. Any proposed development which has a valid conditional use permit. Major modifications to a development with a conditional use permit shall require review and approval in accordance with Article 10-4H - Conditional Use Permits; 8. Other developments, including single-family detached dwellings, manufactured homes, and two-family duplexes, when required by a condition of approval or within this Code. Prior to issuance of permits or approvals, site plan review shall be conducted by City staff. Decisions are based on clear and objective criteria in order to ensures compliance with the basic development standards of the zoning district (e.g., building setbacks, lot coverage, maximum building height, etc.), as well as the more detailed design standards and public improvement requirements in Chapters 2 and 3 of this title. It is further informed by the recommendations provided by the Design Review Subcommittee of the Planning Commission in their preliminary design review, where applicable, and as based upon the design review criteria detailed in Article 10-4C-2, paragraph C. B. Site Plan Review Application Submission Requirements. The applicant shall submit an application form containing all of the general information detailed on the City’s application for Site Plan Review with required attachments as detailed on the submittal checklist contained therein. The following information must be included in the submittal for the Site Plan Review application to be considered complete Prior to issuance of permits or approvals, site design review shall be conducted for the projects listed in Section 10-4C-2 above. The following information, as applicable, is required for site design review application submittal: General Submission Requirements. The applicant shall submit an application containing all of the general information required by Article 10-4B above, if applicable. 1. Site Design Plan Review Information. An application for site design plan review shall include the following information, as deemed applicable by P&CDthe City.: a. Site analysis map (existing conditions). At a minimum tThe existing site February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-29 analysis map shall contain include the following information, as applicable: i. Name and address of project designer, contact person, engineer, surveyor, and/or planner, as applicable ii. Professional engineer’’s stamp, signed and dated. i.iii. The applicant’s entire property and the surrounding property to a distance sufficient to determine the location of the development in the City, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions, and gross area shall be identified; ii.iv. Existing topographic contours shown at 2 foot intervals, except that contours for slopes in excess of 6% may be Identification of slopes greater than 10 percent and provide topographic contour lines shown at a five (5) foot minimum interval if over 6 percent;; all slopes greater than 10 percent shall be identified. iii.v. The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjacent to the site; iv.vi. Potential natural hazard areas, including any areas identified as subject to a 100-year flood, areas subject to high water table, and areas mapped by the City, County, or State as having a potential for geologic hazards; v.vii. Known Rresource areas, including marsh and wetland areas, streams, wildlife habitat as may be mapped or otherwise identified by the City or any natural resource regulatory agencies as requiring protection; vi.viii. Site features, including existing structures, pavement, rock outcroppings, areas having unique views, and drainage ways, canals, and ditches; vii.ix. Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots; x. The general location, size, and species of any existing trees and other vegetation that are intended to be protected and incorporated into the new landscape plantings; viii.xi. The general location, size, and species of all existing trees and shrubs meeting the threshold of “significant vegetation as detailed in Section 10- 3C-2B of this title; and, having a caliper (diameter) of 12 inches or greater at four feet above grade, noting those which of those trees and shrubs which are intended proposed to be protected and incorporated into the new landscape plantings; xii. Location of any existing fire hydrants, connections or valves; xiii. North arrow and, scale;, ix.xiv. and Nnames and addresses of all persons listed as owners on the most recently recorded deed.; and, x. Name and address of project designer, contact person, engineer, surveyor, and/or planner, as applicable. xi.xv. Other information, as determined by P&CDthe City. The City may require studies or exhibits prepared by qualified professionals to address specific site features. b. Proposed site plan. The proposed site plan shall contain include the following information, as applicable: i. Name, phone number and e-mail address of project designer, contact person, engineer, surveyor, and/or planner, as applicable. ii. Professional Engineer (or Registered Architect) stamp, signed and dated; iii. The proposed development site, including boundaries, dimensions, and February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-30 gross area; i.iv. Approximated traffic counts to adjacent roadways during peak hours;. ii.v. Features identified on the existing site analysis map which are proposed to remain on the site;. iii.vi. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;; iv.vii. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements; v.viii. The location and dimensions of all existing and proposed structures, utilities, pavement, and other improvements on the site. Plans should quantify the total area of impervious site improvements ( in square feet and as a percentage of the entire site). Setback dimensions for all existing and proposed buildings shall be provided on the site plan; vi.ix. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access; x. The location and dimensions of all proposed loading, parking and vehicle circulation areas (show width of drive aisles, turning radii, parking stall dimensions, striping for parking stalls, ADA parking stalls, markings and signage, and wheel stops, as applicable); vii.xi. Parking stall counts and calculations per Article 10-3D-3;. xii. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails per Article 10-3B-3; xiii. i. Loading and service areas for waste disposal, loading, and delivery; viii.xiv. Detail of refuse enclosure including gate;. ix.xv. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable; x.xvi. Location, type, and height of outdoor lighting; xi.xvii. Location of mail boxes, if known; xii.xviii. Location of bicycle parking with number of spaces indicated;. xiii. Name and address of project designer, if applicable. xiv.xix. Location of bus stops and other public or private transportation facilities;. xx. Locations, sizes, and types of proposed signs; xxi. Location of all proposed fire hydrants, the Fire Department connection and Post Indicator Valve; xv.xxii. North arrow and scale; and,. xxiii. Other information, determined by P&CDthe City. The City may require studies or exhibits prepared by qualified professionals to address specific site features (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this Code. February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-31 c. Landscape plan. A proposed landscape plan is required and shall show provide the following information, as applicable: i. Name, phone number and e-mail address of project designer, contact person, landscape architect, surveyor, and/or planner, as applicable ; ii. Professional Landscape Architects Stamp, signed and dated; iii. The location and height of existing and proposed fences and other buffering or screening materials; i.iv. Dimensional width of all perimeter landscape buffers per Article 10-3C-3(F); ii.v. The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas; iii.vi. The location, size, and species of the existing-to-remain trees and shrubs to remain, and proposed new plant materials (at time of planting); iv.vii. Existing and proposed building, and pavement outlines and landscape protective curbing; a. Specifications for soil at time of planting and anticipated planting schedule. viii. Irrigation system (if plantings are not drought-tolerant, may be automatic or other approved method of irrigation); ix. Calculation stating the percentage of landscape area per Article 10-3C- 3(D); v.x. North arrow and scale; and, vi.xi. Other information as deemed appropriate by P&CDCity. An arborist’s report may be required for sites with significant vegetation that is protected under Article 10-3C of this Code. Per the discretion of P&CDthe City, some projects may combine site and landscape plans. d. Architectural drawings. Architectural The proposed architectural drawings shall be submitted showing: i. Name and address of architect, project designer, contact person, engineer, surveyor, and/or planner, as applicable . ii. Registered Architects Stamp, signed and dated; i.iii. Building elevations with design detail including windows, window awnings, entries, projections, pedestrian entrance canopies, change in materials or similar features, building height and width dimensions; iv. Building materials, color, and type; v. Total building footprint square footage and percentage of parcel or lot covered by buildings and other structures; vi. Scale and dimensions; and, ii.vii. Revisions, as recommended in preliminary design review for the project; and, e. Preliminary gGrading plan. A preliminary proposed grading plan shall be required prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of 500 cubic yards or greater. Proposed grading plan shall include a Professional Engineers stamp, signed and dated and the name, phone and email address of the project designer, contact, and engineer, as applicable. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Article 10- February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-32 3H. f. Stormwater management, erosion and sediment control plans. Plans detailing surface water detention and treatment, stormwater conveyance and disposal, and erosion and sediment control for projects which could potentially cause significant runoff, erosion, or water quantity/quality impacts, shall be prepared, stamped and signed by a Professional Engineer in accordance with the requirements of Article10-3H of this title, the City of Liberty Lake Engineering Design Standards, and the Spokane Regional Stormwater Manual, and shall include the name, phone number, e-mail for the Engineer of Record; g. Public facility and utility plans. Civil plans shall be prepared, signed and stamped by a licensed civil engineer, shall contain the contact information of the engineer of record, and shall detail existing and proposed site utilities and all public facility improvements as may be required in accordance with the standards detailed in Article 10-3G of this title, and the City of Liberty Lake Engineering Design Standards. e.h. Sign drawings, if applicable, shall be required provided in conformance with the City’s Sign Code Article 10- 3E. f.i. Site Lighting lighting plan and fixture specification sheets in conformance with Section 10-3F-2. g.j. Copies of all existing and proposed restrictions or covenants. h.k.Letter or narrative report documenting compliance with the applicable design standards, revisions made based upon preliminary design review, and the approval criteria contained in Section 10-4C-3(C) below. D. Site Plan Approval Criteria: P&CDSite plan approval shall be required prior to building permit issuance. shall make written findings with respect to all of the following criteria whenSite plans shall only be approved if they conform with all of the following criteria: approving, approving with conditions, or denying an application: 1. The proposed land use is permitted by the underlying zoning district, and conforms with any special standards as may be associated with that use in the underlying zone, as detailed in Chapter 2 of this title. A. The proposed land use is permitted by the underlying zoning district (Chapter 2); 2. The proposed development is generally consistent with adopted Comprehensive plan goals and policies, and complies with applicable design provisions of the underlying zoning district, which are intended to protect the City’s scenic views, provide community cohesion, and enhance the community image of Liberty Lake. 3. The proposed development is in conformance with specific design standards detailed in Chapters 2 and 3 of this title, including: a. building and yard setbacks; b. lot area and dimensions; c. residential density; d. lot coverage; e. building height; f. building orientation; g. architectural design standards; and, h. other development standards, as detailed in Chapters 3 of this title, have been met. February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-33 4. Exceptions to paragraph 3, above, shall be permitted when approved as a Variance in accordance with the procedures and standards detailed in Article 10- 5B. 5. The proposed site plan and building design bring into conformance any existing development that does not comply with the applicable zoning district standards, when so required in accordance with the provisions of Article 10-5C - Non- Conforming Uses and Development. B. The application complies with the all of the applicable provisions of the underlying Zoning District (Chapter 2), including: building and yard setbacks, lot area and dimensions, residential density, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses and design or other development standards are met (Chapters 3); C. Exceptions to B, above, may be granted only when approved as a Variance (Article 10- 5B). 1.6. All applicable building and fire code standards are met; 7. The development is in conformance with applicable ADA requirements. 8. Civil plans are in substantial conformance with City of Liberty Lake Engineering Design Standards, or a design deviation has been granted. 9. Stormwater and erosion control measures proposed are consistent with Best Management Practices. 2.10. The applicant shall be required to upgrade any existing development that does not comply with the applicable zoning district standards, in conformancewhen so required in accordance with the provisions of Article 10-5C - Non- Conforming Uses and Development; 3.11. Conditions required as part of a Land Division (Article 10-4E4D), Conditional Use Permit (Article 10-4F4H), Specific Area Plan Overlay (Article 10-2M), or other approval shall be met, unless a modification to conditions of approval has been sought and approved, in accordance with the provisions of Article 10-4F. 4.12. The application is complete, as determined in accordance with Title 9, Building Regulations, Article 10-4B, and Section 10-4C-3(B) above, and other applicable Titles within the City Municipal Code. 13. The approval shall lapse, and a new application shall be required, if a permit has not been issued within six (6) months of site design review approval, or if an application for permits is not receivedhas not been issued within 6 months of site plan approval, unless an extension has been approved as provided for in Section 10-4C-6(C). development of the site is in violation of the approved plan or other applicable codes, in accordance with Section 10-4C-6, subsection B of this Code. 14. Traffic generated by the development can be managed by existing infrastructure or mitigated through impact fees or improvements required at the time of development. 5.15. Utility providers have verified the availability of services necessary to support the proposed development. February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-34 10-4C-4 Site Design Review Approval CriteriaBuilding Plan Submission & Review Requirements A. Submittal Requirements. 1. Commercial, Industrial, Multi-family, Public and Semi Public Institutional Building Plan Submittal Requirements. Building permit packets shall include electronic copies of the following: a. Applications for Building, Grading, Site Improvements, Mechanical, Plumbing, Signage and Right-of-Way Permits, as applicable; b. Specification Books with architect’s and/or engineer’s stamps, as applicable; c. Drainage report with engineer’s stamp; d. Hazardous material lists; e. NREC worksheets; f. Site Analysis Narrative: i. Proposed land use permitted by underlying zoning district; ii. Compliance with Development Code provisions; and, iii. IBC an IFC compliance. g. Full Plan Set (stamped, signed and dated): i. Code compliance narrative; ii. Site parking plan; iii. Utility plan; iv. Grading / drainage plan; v. Erosion & sedimentation control plan; vi. Landscape plan; vii. Architectural plans; viii. Structural plans; ix. Mechanical plans; i.x. Plumbing plans; xi. Electrical plans; xii. Exterior lighting plan; xiii. Building fire suppression plans; and, xiv. Equipment fire suppression plans, as applicable. h. Special Inspection Form, as applicable; i. Agreement to Pay Fees Form; and, j. SEPA Checklist and Fee, as applicable. 2. Residential Building Plan Submittal Requirements: Building permit packets for residential permits shall include electronic copies of the following: a. Applications for Building, Mechanical, and Plumbing Permits, as applicable; b. Residential energy code compliance worksheets; c. Prescriptive footing calculator worksheets, or engineered/stamped foundation plans; d. Confirmation of radon mitigation system installation; e. Truss drawings; February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-35 f. Floor joist layout and accompanying beam calculations, as applicable; g. Full Plan Set: i. Site Plan, to include: 1. Building footprints; 2. Location of driveway; 3. Setback requirements dimensioned; 4. Existing and proposed final site contours, in 2 foot intervals; and, 5. Location, height and general design of any proposed retaining walls. ii. Construction drawings, with code compliance references, as applicable. 3. Remodel Projects: Building permit packets shall include pdf’s of the following: a. Applications for Building, Mechanical and Plumbing Permits, as applicable; and, b. Full Plan Set (may require Professional stamp as determined by the Building Official). B. Building Permit Review. Building plans will be reviewed and processed in accordance with the provisions of adopted building codes, as referenced in City Code Title 9-1, Building Codes. C. Water and sewer permits applications shall be submitted directly to the applicable water and sewer purveyor. Water and sewer permits must be issued by the purveyor prior to building permit issuance. February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-36 10-4C-5 Bonding and Assurances A. Performance Bonds. On all projects where project related 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. The Aapplicant will be required to provide an independent estimate of improvement costs. 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. B. Warranty Bond. Additional bonding or assurance shall be required for all improvements within the public right-of-way, including landscaping, as well as swales which serve the right-of- way for a period of 2 years after improvements are completed in an amount equal to 20% of the construction cost or $10,000, whichever is greater. The P&CD DirectorCity may reduce the bond amount for projects valued at less than $20,000. The warranty bond must be posted prior to the release of any performance bonds, in conformance with the City Development Code and City Street Engineering Standards. C. Release of Performance Bonds. The bond or assurance shall be released when the P&CD DirectorCity finds the completed project conforms to the site development approval, including all conditions of approval. D. Release of Warranty Bonds. The bond or assurance shall be released after the 2 year period when the P&CD DirectorCity finds that any noted deficiencies have been repaired or replaced, in conformance with the City Development Code and City Engineering Street Standards. E. Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security is provided equal to 150% of the private cost of the cost of the landscaping. Applicant will be required to provide an independent estimate of improvement costs. as determined by the P&CD DirectorC. or a licensed landscape architect is filed with the City assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the a six-month period, the security may be used by the City to complete the installation. 10-4C-6 Development in Accordance With Permit Approval Development shall not commence until the applicant has received all of the appropriate land use and development approvals, and building permits. Construction of public improvements shall not commence until the City has approved all required site improvement plans (e.g., utilities, streets, land dedication, etc.). The City may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site improvements), and may require bonding or other assurances for improvements, in accordance with Section 10-4C-5. Site design review approvals shall be subject to all of the following standards and limitations: A. Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Article 10-4F, shall be processed as an exempt project procedure. Major modifications, as defined in Article 10-4F, shall be processed as a Type III procedure. For information on procedure types, please refer to Article 10-4B above. For Modifications approval criteria, please refer to Article 10-4F. B. Approval Period. Preliminary design review and Site site plan design review approvals shall be effective for a period of six (6) months from the date of approval. If application for a building permit for the project s is not completedhas not been submitted within that 6 months of the preliminary design approval, or a building permit has not been issued within 6 months of February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-37 site plan approval period, tThe those approvals shall lapse, and a new application submission shall be required, unless an extension has been granted in accordance with the provisions of paragraph C, below. if a permit has not been issued within six (6) months of site design review approval, or if development of the site is in violation of the approved plan or other applicable codes. C. Extension. The P&CD Director City shall, upon written request by the applicant, grant an extension of the approval period not to exceed one year; provided that: 1. No changes are made on the original approved site design review plan; 2. The applicant can show intent of initiating construction on the site within the one year extension period; 3. There have been no changes to the applicable Code provisions on which the approval was based. If there have been changes to the applicable Code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required; and 4. The applicant demonstrates that failure to submit a building permit application within 6 months of preliminary design approval, or obtain a building permits permit and substantially begin construction within six (6) months of site design reviewrplan approval was beyond the applicant’s control. D. Phased Development. Phasing of development may be approved with the site design review application, subject to the following standards and procedures: 1. A phasing plan shall be submitted with the site design review application. 2. P&CD The City shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than ten (10) years without reapplying for site design review. 3. Approval of a phased site design review proposal requires satisfaction of all of the following criteria: a. The public facilities required to serve each phase are constructed in conjunction with or prior to each phase; b. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and c. An application for phasing may be approved after site design review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Article 10-4F). February 6, 2019 City of Liberty Lake Development Code Title 10 - Chapter 4 Page 4-38 City of Liberty Lake 2019 Code Amendment Pipeline MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC Street Tree Ordinance H Food Truck H H Site Design Review H H 4G/5G Wireless Small Cell H H Annual Code /Comp Plan Amendments H H Landscaping Ordinance H H Parking Standards H H Legend PC Workshop: PC Hearing: H CC Workshop: CC Hearing: H

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