City Planning Commission

PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MARCH 8, 2023 4 P.M. CITY HALL HELD REMOTELY& IN-PERSON AT CITY HALL To participate remotely, you can: • Sign up to provide Public Comment at the meeting via calling in • Submit Written Public Comment Prior to 2 pm on March 8, 2023 • Join the Zoom Meeting Questions or Need Assistance? Please contact Planning Commission Clerk Kathy Cummings at kcummings@libertylakewa.gov 1. Call to Order 2. Roll Call 3. GENERAL BUSINESS: • Review of Agenda • Approval of Minutes from February 8, 2023 4. WORKSHOPS: • Security Fencing for Essential Public Facilities 5. PUBLIC HEARINGS: • RV & Ministorage as a Limited Use in C-2 (Freeway Commercial) Zone – Lisa Key • Building Heights Definition – Amy Mullerleile 6. REPORTS: • Secretary’s Report • Planning Commissioner Reports 7. Citizens Comments 8. Adjournment Next Meeting: April 12, 2023  PUBLIC COMMENT If you wish to provide oral public comments or testimony during the Planning Commission meeting, please register through this link: https://us02web.zoom.us/j/86976544398?pwd=Qy94bHRqbkswaXhQb3lXZDNmQ2ltZz09 WRITTEN PUBLIC COMMENTS If you wish to provide written public comments for the upcoming council meeting, please email your comments to kcummings@libertylakewa.gov by 2:00 p.m. the day of the Planning Commission meeting and include all of the following information with your comments: 1. The Meeting Date 2. Your First and Last Name 3. If you are a Liberty Lake resident 4. The Agenda Item(s) which you are speaking about JOIN ZOOM MEETING To view the meeting live via Zoom Meeting, join the Zoom web meeting: Meeting Instructions: To join the Zoom web meeting: https://us02web.zoom.us/j/86976544398?pwd=Qy94bHRqbkswaXhQb3lXZDNmQ2ltZz09 Dial In Phone Numbers: • +1 253 215 8782 US (Tacoma) • +1 669 900 6833 US (San Jose) Meeting ID: 869 7654 4398 Passcode: 884050  PLANNING COMMISSION MEETING MINUTES WEDNESDAY, FEBRUARY 8, 2023 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Richard Siler, Joe Mann, Tim Olsen, and Jim Baumker, Dale Robbins (arrived at 4:03 p.m.), and DG Garcia (arrive via Zoom at 4:30 p.m.) Adjunct Member(s) Present: Kimball Bighorse (arrived at 4:04 p.m.) Staff Present: Lisa Key, Amy Mullerleile & Kathy Cummings Call to Order: Meeting was called to order at 4:01 p.m. Absences: Commissioner Paul Brown Commissioner Mann moved to excuse Commissioner Brown’s absence, seconded by Commissioner Olsen. This motion carried unanimously. Review of Agenda & Approval of Minutes: Commissioner Baumker moved to approve the January 11th, 2023 meeting minutes, seconded by Commissioner Robbins. The motion carried unanimously. Workshops: RV & Mini Storage as a Limited Use in C-2 (Freeway Commercial) Zone Director Key opened with discussion on the proposed limited use standards. The commission had requested clarification on some of the items contained within the definition such as, “use of the units” and “exterior wall height”. It was suggested by Commissioner Baumker to include wording regarding “frontage view”. Conversations continued regarding the purpose of establishing the design criteria for these facilities while keeping construction cost effective. Public Comment: Del Stratton, with Clearwater Summit Group, attended the meeting and discussed how important it is to keep the design criteria reasonable as it could make these facilities impossible to construct, cost-wise. Building Height Definition Senior Planner Amy Mullerleile gave presentation on the proposed definition. All were in favor of the revised definition. Secretary’s Report: Director Key congratulated Commissioner Baumker on becoming a voting member and mentioned that we are seeking applicants for the vacant Adjunct position #1. Planning Commission Meeting February 8, 2023 Director Key stated that next month’s meeting will include hearings on both, RV & Mini Storage as a limited use and Building Height Definition. She also advised that Liberty Lake Sewer and Water District would be proposing code changes related to security fencing for Essential Public Facilities. Planning Commissioner Reports: Commissioner Siler will be gone the next 2 Planning Commission meetings but will possibly attend via Zoom in March. Commissioner Mann will chair these meetings. Citizens Comments: No additional comments were provided at this time. Adjournment: Commissioner Mann moved to adjourn the meeting, seconded by Commissioner Baumker which carried unanimously. The meeting adjourned at 4:57 p.m. Planning Commission Meeting February 8, 2023 Security Fencing Talking Points: • Perimeter fencing is a major line of defense against external threats to water/sewer utility critical infrastructure, including but not limited to well sites, reservoirs, booster stations, sewer lift stations, and wastewater treatment plants. • Utility perimeter fencing must be designed to prevent breaches ranging from basic theft or vandalism to full-on acts of terrorism. This type of fencing should be capable of securing the property, equipment and people inside, as well as mitigating potential disruption of integral utilities provided to the community. • Under the U.S. Public Health Security and Bioterrorism Preparedness and Response Act of 2002 drinking water utilities serving more than 3,300 customers are required to conduct vulnerability assessments (VA5) of their water systems. The District’s VA of our water facilities recommended security improvements including adequate perimeter fencing. While some of our facilities meet minimum site security standards, the District intends to standardize or improve our security across all of our sites in the future. • Guidelines for the Physical Security of Water Utilities and Guidelines for the Physical Security of Wostewoter/Stormwater Utilities were guidance documents funded by USEPA under a cooperative agreement to foster public/private partnership in water and wastewater security. This project was known as the USEPA Water Infrastructure Security Enhancements (WISE) Project. • The physical security presence is intended to not only protect the assets of utility providers from being damaged or tampered with by the public, but also to safeguard the public from the dangers of some of the equipment and other items situated within the boundaries of that perimeter. Intrusion or tampering with water and wastewater infrastructure is a federal offence. • A well-planned physical security plan for a utilities site starts with perimeter fencing that meets the property’s unique needs. Chain link is the most common type of base-level perimeter fencing. o Chain Link: Chain link is typically constructed from galvanized steel and can be coated in vinyl for extra protection. This material is particularly weather-resistant, featuring durability against heat, cold and moisture. A low-maintenance, low-cost option, chain link can be reinforced with barbed or razor wire for a higher degree of security. • Installation of security signage to accompany perimeter fencing. • Site obscuring perimeter fencing creates addition security concerns and additional security monitoring of the inside the site. References • Guidelines for the Physical Security of Water Utilities ANSI/ASCE/EWRI 56-10 • Guidelines for the Physical Security of Wastewater/ Stormwater Utilities ANSI/ASCE/EWRI 57-10 • The American Society of Industrial Security (ASIS) Protection of Assets Manual • ASTM F552, Standards Relating to Chain Link Fencing (Material, fabric and poles, coating, mesh size, mesh pattern, wire gauge, pole size, post size and spacing, etc.)  STAFF REPORT TO THE PLANNING COMMISSION IN THE MATTER OF AMENDING THE CITY OF LIBERTY LAKE DEVELOPMENT CODE TO ALLOW RECREATIONAL VEHICLE AND MINISTORAGE AS A LIMITED USE IN THE C-2 (FREEWAY COMMERCIAL) ZONE PLANNING COMMISSION HEARING DATE: March 8, 2023 PROPOSAL COORDINATOR: Lisa D. Key, Director of Planning & Engineering PROPOSAL SUMMARY: Location Citywide Applicant City of Liberty Lake This City-initiated amendment to the development code provide for Recreational Vehicle and Ministorage as a limited use in the C-2 (Freeway Commercial) Zone, and establishes development standards for this use Proposal Summary that are intended to address environmental, maintenance, security, and aesthetics considerations to ensure compatibility with other allowed uses in the zone. City Development Code §10-2A-4 – Zoning District Matrix Chapter / Section §10-2I-3(C) – Requirements for Specific C-2 Limited Uses Proposed Amendment Exhibit A – Proposed Code Amendment Exhibit 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 Staff Report to the Planning Commission 1 RV & Ministorage as a Limited Use in the C-2 Zone  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: Comprehensive Plan Land Use and Zoning Designations 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: 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. City Code §10-4B-5(B): Amendments to the Comprehensive Plan or Development Code Text: Comprehensive Plan or Development Code Text changes are considered a Type IV Projects. Staff will introduce the proposed amendment to the Planning Commission at the earliest available regular meeting and provide a copy of the proposed amendment to the Planning Commission. The Planning Commission will review the proposed amendment and hold at least one public workshop and one public hearing to solicit public comment. After further review the Planning Commission will provide a formal recommendation to the City Council for approval or denial. The City Council will hold an additional public workshop and public hearing to approve, approve with modifications, or deny the Planning Commission recommendation. If approved, the amendment becomes effective five (5) days after the publication of the adopting ordinance in the official City newspaper. SEPA REVIEW: A SEPA Checklist was completed for the proposed amendment on February 27, 2023. The City of Liberty Lake Planning, Engineering & Building Services has determined that the proposal, as a non-project review, will have no significant adverse environmental impacts and issued a Determination of Non-Significance (DNS) and Adoption of Existing Environmental Documents on February 28, 2023, under the provisions of WAC 197-11-340(2). The 14-day agency comment period ended on March 14, 2023, before it took effect. Staff Report to the Planning Commission 2 RV & Ministorage as a Limited Use in the C-2 Zone The deadline for SEPA procedural appeals and appeals of the threshold determination will be March 28, 2023. No appeal of the SEPA procedure or threshold determination is anticipated. PROCEDURAL INFORMATION: Planning Commission Workshop on Proposed Amendment: May 11, 2022 June 8, 2022 August 8, 2022 December 14, 2022 January 11, 2023 February 8, 2023 SEPA Notice/ Public Hearing Notice: February 28, 2023 SEPA Comment Period Ends: March 14, 2023 Planning Commission Hearing: March 15, 2023 SEPA Appeal Period Ends: March 28, 2023 City Council Hearing: April 18, 2023 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; WS 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. PUBLIC COMMENT: None to date. RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES: Governance Goal 1: Actively involve residents, businesses, and property owners in the governance of the City. Land Use Goal 1: Provide a healthful, safe, and sustainable urban environment. Staff Report to the Planning Commission 3 RV & Ministorage as a Limited Use in the C-2 Zone Land Use Goal 3: Plan for future growth of the City in a cost-effective manner while maintaining high quality public facilities and services. Urban Design Goal 1: Maintain the urban village character and the scenic resources of the community. Housing Goal 1: Preserve the character of existing neighborhoods and support high quality new development. Economic Development Goal 1: Maintain a healthy and sustainable local economy. 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. Urban Design Policy 1: Maintain design standards and a design review process to ensure that 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 7: Maintain standards that prescribe maximum building heights and other building design features to give a residential scale and identity to multifamily developments. Economic Development Policy 5: Provide consistent, fair, and timely regulations that are flexible, responsive, and effective. STAFF ANALYSIS: At the time of incorporation, the City had two ministorage facilities that were vested as legal, non- conforming uses (one on Harvard Road, in the M-2 Zone, and one on Mission Avenue, in the C-2 Zone. From 2005 to 2017, City Development Code allowed Self-service (mini-storage) facilities and outdoor vehicle storage only as a conditional use in the Light Industrial Zone. Since 2017, RV and Ministorage is not permitted anywhere in the City, excepting the two locations that were vested as legal, non-conforming uses. Despite this, there are several uses which have similar impacts that are permitted within the City, including: • Automobile, manufactured home, recreational vehicle, trailer, & boat sales & rental o Limited Use in C-1 o Permitted in C-2 o Not Permitted in I • Automobile/truck & boat/RV/trailer maintenance & repair o Limited Use in C-1& C-2 o Permitted in I • Warehouse & freight movement o Permitted in C-1, C-2 & I The Planning Commission workshopped amendments to allow RV & Ministorage as a limited use in a variety of zones over the course of a number of months and determined that C-2 (Freeway Commercial) Staff Report to the Planning Commission 4 RV & Ministorage as a Limited Use in the C-2 Zone was the most appropriate zone. During the course of those workshops, the Planning Commission also deliberated on the most appropriate development standards to address environmental, maintenance, security, and aesthetics concerns to ensure compatibility with other allowed uses in the zone and the City’s architectural design standards. The proposed amendments reflect those deliberations. 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. Staff Report to the Planning Commission 5 RV & Ministorage as a Limited Use in the C-2 Zone  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 an amendment to City of Liberty Lake Development Code to allow Recreational Vehicle and Ministorage as a limited use in the C-2 (Freeway Commercial) zone, the City of Liberty Lake Planning Commission does hereby recommend to City Council that the amendment be APPROVED/APPROVED WITH MODIFICATIONS/NOT APPROVED. NOTE: The Planning Commission should vote on a motion for recommendation using the above format. If the recommendation is to approve with modifications, the motion should identify the modifications proposed. Staff Report to the Planning Commission 6 RV & Ministorage as a Limited Use in the C-2 Zone  Exhibit A PROPOSED DEVELOPMENT CODE AMENDMENT Recreational Vehicle & Ministorage As A Limited Use In The C-2 (Freeway Commercial Zone) 10-2 A-4 Zoning Districts Matrix Facilities and Uses R-1 R-2 R-3 M-1 M-2 M-3 C-1 C-2 I P O Tire salvage yard N N N N N N N N N N N Storage, freight, and wholesale facilities Outdoor vehicle storage N N N N N N N N N N N Recreational vehicle storage & Selfself-service storage facility N N N N N N N NL N N N (mini storage) Warehouse & freight movement N N N N N N P P P N N Wholesaling / distribution facility N N N N L N P P P N N Utilities and facilities Macro cell wireless N CU CU CU CU CU CU CU CU CU N communication antenna array Macro cell wireless N N N N N N N N CU CU N communication support tower Power plant - EPF N N N N N N N N N CU N Public utility local distribution CU CU CU CU CU CU CU CU CU CU N facility Public utility transmission facility N N N N N N CU L L L N - EPF Sewage treatment plant - EPF N N N N N N N N N CU N Small wireless facility L L L L L L L L L L L 10-2I-3 Limited Uses (L) A. Limited Uses. The land uses listed in the Zoning Matrix (Section 10-2A-4) under the C- 2 (Freeway Commercial) District with the letter “L” are allowed in the C-2 zone if they comply with the development standards of the C-2 (Freeway Commercial) District, and other applicable portions of this Code, including meeting the requirements for the necessary permits or approvals. These uses include accessory uses, temporary uses, home occupations, special uses, etc. Only land uses which are specifically listed in the Zoning Matrix (Section 10-2A-4), and land uses which are approved as “similar” to those in the Zoning Matrix (Section 10-2A-4), may be permitted as Limited Uses. The following standards are intended to control development scale; avoid or minimize impacts associated with traffic, parking, and design compatibility; and ensure management and maintenance of common areas, as applicable. B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Article 10-4G - Administrative Interpretations. C. Requirements for Specific C-2 Limited Uses. Page A-1 1. Agricultural product / craft sales stand (Farmer's market) a. Requires application for and approval of a Temporary Use Permit as outlined in Section 10-4I-1. b. Displays of merchandise and vendors shall be limited to crafts, cards, plants, gardening/floral products, food, books, newspapers, and similar small items for sale to pedestrians. c. A minimum aisle width of 6 feet shall be maintained between booths or displays. 2. Large-scale retail establishments a. The following standards and the standards identified in Section 10-2F- 10, subsection C-4 apply to all Large-scale retail establishments, as defined in Article 10-1C that make application for any of the following: i. New construction; ii. An addition that would increase the building(s) square footage to equal or greater than the square footages above; or iii. A remodel of a building(s) with square footage that is equal or greater than the square footages defined for Large-scale retail establishments within these standards and which the remodel exceeds fifty percent (50%) of the assessed value of the existing structure. The value of the remodel shall be based on the current Building Valuation Data Table adopted by the City of Liberty Lake. iv. Exceptions - Waivers to these standards may be granted through a Class A Variance process under the following circumstances and in accordance with the chart below: aa. Strict application of the standard would result in peculiar or exceptional practical difficulties or exceptional and undue hardship upon the owner of the property; or bb. A proposed alternative building or site design satisfies the intent of the ordinance as well or better than would strict compliance with the standard; or cc. The new siting of parking areas and buildings in relation to the street is not possible with the remodel or addition; and dd. Granting of the waiver would not impose significantly more negative impacts on nearby properties. Page A-2 b. Development Agreement - Prior to building permit issuance for a large- scale retail establishment or at the time of a property ownership change, the City will require property owners (including assigns, heirs, and successors in interest) to sign an agreement, that the City will record with the Spokane County Auditor, to cover the following: i. The property owner agrees not to impose any post-closure limits on the type of reuse of previously occupied buildings (e.g. not permitting another large- scale retail establishment from occupying the vacated building); ii. The property owner agrees to provide a notice of closure to the Zoning Administrator as soon as a closure is anticipated or at least three (3) months prior to an anticipated store closure; and iii. The property owner agrees to meet with the Zoning Administrator at least three (3) months prior to an anticipated store closure to discuss their exit strategy and facilitate opportunities for building / property reuse and redevelopment. At this meeting, the property owner will provide a maintenance plan for normal repairs and upkeep of property, in compliance with Article 10-3I (Property Maintenance Standards) of the City Development Code and elimination of legible impressions, images, or remnants of signs remaining on a building or sign surface after the use for which the sign was permitted ceases to operate. c. Pedestrian & Bicycle Circulation / Facilities i. Ten (10) foot wide sidewalks will be required across the front of all buildings or wherever public access areas are located around the building; ii. Distinct pedestrian crossing markers or changes in surfacing must be used; and iii. Publicly accessible focal points with features such as a patio /seating area are required. d. Shopping Cart Storage & Return Stations - When a business utilizes shopping carts, adequate close-by shopping cart return stations to temporarily house returned shopping carts shall be provided throughout the parking lots. All shopping carts shall be effectively contained or controlled within the boundaries of store premises, which refers to the lot area, maintained, managed and/or utilized by the business, that may include the building, parking lot and adjacent walkways, and where the business’s shopping carts are permitted. Exterior shopping cart storage areas are not permitted and carts must be permanently stored inside the building. The following standards apply to exterior shopping cart return stations i. Shopping cart return stations shall be identified on the site plan and the locations shall be approved by the City; ii. Shopping cart return stations shall incorporate landscaping, architectural features, or similar design elements to draw attention to and lessen the impact of stand-alone features within parking areas; Page A-3  iii. Storage or temporary storage of shopping carts shall not be allowed on walkways outside of buildings at any time; and iv. The applicant shall submit a working plan for the collection of shopping carts from the parking lot. e. Outdoor Storage Uses & Service / Loading Areas - i. Outdoor storage of items such as products, racks, and pallets, and the use of cargo containers for storage is prohibited; ii. Areas for truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights- of- way, not located within 20 feet of any public or private street, public sidewalk, or internal pedestrian way and location(s) are restricted to the location(s) shown on the site plan approved by the City; iii. Loading docks, truck parking, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape; and iv. When the site is abutting a Residential Zone / Use, deliveries and collections shall not occur between 10:00 p.m. and 6:00 a.m., unless mitigating measures can be proposed to prevent noise or light nuisances. f. Outdoor Display / Sales Areas & Accessory Uses i. All outdoor display / sales areas and accessory uses shall be permitted only where clearly depicted on the site plan approved by the City; ii. Outdoor displays of merchandise, equipment, vending machines, etc. located on building aprons or along the storefront are only permitted if shown on the approved site plan and permitted by the Zoning Administrator or permitted through a Temporary Use Permit (see temporary sales / displays below). Display areas on building aprons or along the storefront must maintain a minimum walkway width of ten (10) feet between the display items and any vehicle drives; iii. All outdoor display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten (10) feet; iv. Any permanent display / sales areas not located on building aprons, shall be permanently defined and screened with walls, fences, or evergreen hedges, a minimum of five (5) feet in height; v. Outdoor display / sales areas and accessory uses such as food vendors shall be incorporated into the overall design of the building and the landscaping; and Page A-4  vi. Temporary sales / displays, such as Christmas trees, landscape materials, etc. aa. Temporary sales / displays shall be reviewed and approved by the Zoning Administrator through the Temporary Use Permit process in accordance with Section 10-4I-1. g. Adaptability for Reuse / Compartmentalization / Redevelopment - It is recommended that the building design include specific elements for adaptation for multi-tenant re-use. The design standards above will aid in adaptive reuse of a building, additionally, the building design should also allow for the following: i. Facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; ii. Parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connections; and iii. Landscaping schemes that complement the multiple entrance design. 3. Mobile sales / concessions a. Requires application for and approval of a Temporary Use Permit as outlined in Section 10-4I-1. b. Mobile food service establishments may be located on private property or adjacent parking in the public right-of-way as an accessory use, where a principal use has already been established on the subject property. c. Mobile sales/ concessions may be located in public right-of-way when associated with a special community event, such as Liberty Lake Yard Sale Weekend, with the approval of the adjacent property owner or business. 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. 4. Parking structure a. Parking structures shall be accessed from an alley, placed underground, placed within buildings, or located behind or to the side of a building. b. Parking structure entrances facing a street shall be recessed behind the front elevation by a minimum of 4 feet. On corner lots, parking structure entrances shall be oriented to a side-street (i.e., away from the arterial or collector street) when vehicle access cannot be provided from an alley. 5. Public assembly a. Requires application for and approval of a Public Assembly Permit from the Building Official. 6. Seasonal and special events a. Requires application for and approval of a Temporary Use Permit as Page A-5  outlined in Section 10-4I-1. 7. Temporary construction / sales office a. Requires application for and approval of a Temporary Use Permit as outlined in Section 10-4I-1. 8. Tower, private a. The applicant shall show that the impact area (that area in all directions equal to the private tower's height above grade) is completely on the subject property or that an easement(s) has been secured for all property in the tower's impact area. Such easement(s) shall be recorded with the County Auditor with a statement that only the City can remove the easement. b. The tower shall not exceed the maximum height of the underlying zone. c. The tower must be accessory to a residence on the same site. 9. Animal health services / veterinarian - domestic animals a. Treatment rooms, cages, yards, or runs are to be maintained within a completely enclosed building. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040, shall be demonstrated by the applicant. b. Short term boarding of animals not currently under treatment may be permitted within the clinic building. The operation of the clinic shall be conducted in such a way as to produce no objectionable odors or noise outside its walls, or other nuisance or health hazard. c. Sidewalks or pathways shall be provided to connect pedestrians from the frontage street to the animal health services / veterinarian building. 10. Automobile / truck repair or maintenance (service station) a. All vehicles being repaired or maintained shall be completely enclosed within a building or shall be completely enclosed with a solid wall or fully sight obscuring fence to a minimum height of 6 feet. 11. Boat, recreational vehicle, & trailer - construction, repair, parts sales, & maintenance a. All boats, recreational vehicles, and/or trailers being constructed, repaired, or maintained shall be completely enclosed within a building or shall be completely enclosed with a solid wall or fully sight obscuring fence to a minimum height of 6 feet. 12. Gas station / convenience store a. Underground storage tanks and stormwater disposal shall not be located within the 1000 foot radius of a wellhead. b. Pump islands and other fuel dispensing tanks (e.g. propane) shall be located at least 25 feet from the right-of-way line(s). c. Convenience stores/gas stations shall not exceed 8 pump sites and the building footprint area shall not exceed 5,000 square feet per lot. A pump site is one dispenser which may be double sided. 13. Maintenance / public works facility Page A-6  a. All equipment shall be completely enclosed within a building or shall be completely enclosed with a solid wall or fully sight obscuring fence to a minimum height of 6 feet. 14. Accessory caretaker's residence a. The residence is an accessory use to the primary use and is limited to the duration of need associated with the custodial, maintenance or overseeing of the owner’s property, building, and/or use. b. Construction of the primary use shall occur previous to or simultaneous with the construction of the residential unit. c. The caretaker's residence shall be limited in size to 1,000 square feet and shall be served with public water and sewer. 15. Emergency Housing & Shelters a. The facility must be open 24 hours per day, 7 days per week. b. The maximum number of residents in the facility is limited to the general capacity of the building, but in no case shall it exceed 75 residents, c. Beds or rooms shall be assigned to specific residents. d. On-site services such as laundry, hygiene, and meals are limited to the residents of the facility and shall not be available for drop-in use by non- residents. e. In order to prevent the concentration of facilities in one area of the City, the proposed facility must be distanced at least 3/4 mile from any other stand-alone emergency shelter or transitional and supportive housing, as measured from the nearest points of such properties. f. The facility must be located within ¼ mile of a fixed transit route. g. The facility shall meet any applicable state and federal licensing requirements. 16. Transitional & Supportive Housing, 8 Beds or Less a. The facility shall be limited to 8 or fewer residents, not including caregivers and staff. b. The facility shall meet any applicable state and federal licensing requirements. 17. Transitional & Supportive Housing, More than 8 Beds a. The facility should be limited to 50 or fewer housing units within a single facility or complex. b. In order to prevent the concentration of facilities in one area of the City, the proposed facility must be distanced at least 3/4 mile from any other stand-alone emergency shelter or transitional and supportive housing, as measured from the nearest points of such properties. c. The facility must be located within ¼ mile of a fixed transit route. d. The facility shall meet any applicable state and federal licensing requirements. 18. Machine shop, plastic injection molding, sandblasting / cutting, & tool and dye making Page A-7  a. The uses shall be completely enclosed within a building. 19. Welding / sheet metal shops a. The welding / sheet metal shop use shall be completely enclosed within a building. b. Open air welding shall be prohibited 20. Woodworking / cabinet manufacturing with and without retail sales showroom a. The woodworking / cabinet manufacturing use shall be completely enclosed within a building. 21. Research facility / laboratory a. The research facility / laboratory use shall be completely enclosed within a building. 22. Recreational vehicle storage & self-service storage facility (mini storage) a. Storage facilities shall be limited in size to a maximum area of seven (7) acres. b. All storage shall be screened from view using: i. Buildings or walls with a minimum height of ten (10) feet, with all exterior buildings and walls meeting architectural design standards as detailed in paragraph “k” below; and ii. Decorative fences with a minimum height of 6 ft., in combination with evergreen trees spaced to provide a continuous screen within 15 years of planting, shall be permitted between breaks in building walls along the perimeter of the facility, provided that the fencing does not exceed 25% of the right-of-way frontage. c. All storage shall be covered by a roof. d. All driving, parking, and storage shall be located on an impervious surface approved by the City. e. All drains shall be equipped with an oil-water separator. f. Storage facilities shall install and maintain secure access control. g. Entrance gates shall be of an ornamental design that is semi-sight obscuring. h. Buildings shall be set back a minimum of 20 feet from edge of right-of- way. i. A Type II visual relief landscape buffer shall be required along all right- of-way frontage. j. The use of units shall be limited to storage only. No manufacturing, assembly, or retail sales shall be permitted. k. Architectural design standards: i. Outward-facing, exterior building walls shall incorporate architectural detailing through use of varied materials and features, in a manner that breaks up large surfaces and provides spacing and articulation. Page A-8  ii. Outward-facing walls shall incorporate articulation and divide large masses though such techniques including but not limited to building offsets, projections, modulation, recessed or projected entries, windows, canopies, etc. 23. Public utility transmission facility – EPF l. The utility company shall secure the necessary property or right-of-way to assure for the proper construction, maintenance, and general safety of properties adjoining the public utility transmission facility. m. All support structures for electrical transmission lines shall have their means of access located a minimum of 16 feet above the ground and the height of the structure above ground shall not exceed 45 feet. n. Before issuance of a building permit, the applicant shall have complied with all applicable requirements for the siting of an essential public facility in accordance with state, regional, and local mandates. o. Undergrounding of all newly installed or extensively modified utilities under 55kV shall be required. 24. Small Wireless Facilities a. Siting Hierarchy. i. Collocation on an existing building or existing or replacement non- wooden light poles is the preferred siting location in this zone. ii. If collocation as described in the subparagraph above is demonstrated to be technically infeasible or inadequate for network objectives, collocation on an existing or replacement wooden or metal utility pole within the zoning district shall be allowed. iii. If collocation as described in the subparagraph above is demonstrated to be technically infeasible or inadequate for network objectives, a wireless only pole shall be permitted. b. Shall only be permitted on public property or in public right-of-way with a valid Franchise Agreement in place, as required in Liberty Lake Municipal Code §8-8, which expressly addresses small wireless facilities. c. Must meet design standards as detailed in City Development Code §10- 3F-4. d. Small Wireless Communication Facility Permit is required, as detailed in City Development Code §10-4I-4. Page A-9  STAFF REPORT TO THE PLANNING COMMISSION IN THE MATTER OF AMENDING THE CITY OF LIBERTY LAKE DEVELOPMENT CODE AND RIVER DISTRICT DEVELOPMENT REGULATIONS, ADOPTING A REVISED DEFINITION OF “BUILDING HEIGHT” AND INCORPORATING IT THROUGHOUT ZONING DISTRICT REGULATIONS PLANNING COMMISSION HEARING DATE: March 8, 2023 PROPOSAL COORDINATOR: Amy Mullerleile, Senior Planner PROPOSAL SUMMARY: Location Citywide Applicant City of Liberty Lake The proposed amendments will replace the existing definition of “building height” with the definition used in the International Building Code (IBC), Proposal Summary as well as replacing this definition throughout all the zoning district regulations. §10-1C, Definitions §10-2B-8(B), R-1 (Single Family Residential) District §10-2C-8(B), R-2 (Mixed Residential) District §10-2C-8(B), RD-R (Mixed Residential) District City Development Code & River District Development §10-2D-8(B), R-3 (Multi-Family Residential) District Regulations §10-2E-8(B), M-1 (Neighborhood Center Mixed-Used) District §10-2E-8(B), RD-M (Neighborhood Center Mixed-Used) District Code Chapter / Section §10-2F-8(B), M-2 (Community Center Mixed-Used) District §10-2G-8(B), M-3 (Central Business District Mixed-Used) District §10-2H-8(B), C-1 (Community Commercial) District §10-2-8(B)I, C-2 (Freeway Commercial) District Staff Report to the Planning Commission 1 Building Height Definition  §10-2I-8(B), C-2 (Freeway Commercial) District §10-2J-8(B), I (Light Industrial) District §10-2K-8(B), P (Public / Semi-Public institutional) District §10-2L-8(B), O (Open Space / Recreation) District Proposed Amendment Exhibit A – Proposed Code Amendment Exhibit 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: Comprehensive Plan Land Use and Zoning Designations 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: 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. City Code §10-4B-5(B): Amendments to the Comprehensive Plan or Development Code Text: Staff Report to the Planning Commission 2 Building Height Definition  Comprehensive Plan or Development Code Text changes are considered a Type IV Projects. Staff will introduce the proposed amendment to the Planning Commission at the earliest available regular meeting and provide a copy of the proposed amendment to the Planning Commission. The Planning Commission will review the proposed amendment and hold at least one public workshop and one public hearing to solicit public comment. After further review the Planning Commission will provide a formal recommendation to the City Council for approval or denial. The City Council will hold an additional public workshop and public hearing to approve, approve with modifications, or deny the Planning Commission recommendation. If approved, the amendment becomes effective five (5) days after the publication of the adopting ordinance in the official City newspaper. SEPA REVIEW: A SEPA Checklist was completed for the proposed amendment on February 27, 2023. The City of Liberty Lake Planning, Engineering & Building Services has determined that the proposal, as a non-project review, will have no significant adverse environmental impacts and issued a Determination of Non-Significance (DNS) and Adoption of Existing Environmental Documents on February 28, 2023, under the provisions of WAC 197-11-340(2). The 14-day agency comment period ended on March 14, 2023, before it took effect. The deadline for SEPA procedural appeals and appeals of the threshold determination will be March 28, 2023. No appeal of the SEPA procedure or threshold determination is anticipated. PROCEDURAL INFORMATION: Planning Commission Workshop on Proposed Amendment: April 13, 2022 October 12, 2022 November 9, 2022 December 14, 2022 February 8, 2023 SEPA Notice/ Public Hearing Notice: February 28, 2023 SEPA Comment Period Ends: March 14, 2023 Planning Commission Hearing: March 15, 2023 SEPA Appeal Period Ends: March 28, 2023 City Council Hearing: April 18, 2023 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 Staff Report to the Planning Commission 3 Building Height Definition Valley Fire District; Spokane Transit Authority; Spokane Regional Health District; Spokane Tribe; WS Department of Ecology; WS 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. PUBLIC COMMENT: None to date. RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES: Governance Goal 1: Actively involve residents, businesses, and property owners in the governance of the City. Land Use Goal 1: Provide a healthful, safe, and sustainable urban environment. Land Use Goal 3: Plan for future growth of the City in a cost effective manner while maintaining high quality public facilities and services. Urban Design Goal 1: Maintain the urban village character and the scenic resources of the community. Housing Goal 1: Preserve the character of existing neighborhoods and support high quality new development. Economic Development Goal 1: Maintain a healthy and sustainable local economy. 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. Urban Design Policy 1: Maintain design standards and a design review process to ensure that 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 7: Maintain standards that prescribe maximum building heights and other building design features to give a residential scale and identity to multifamily developments. Economic Development Policy 5: Provide consistent, fair, and timely regulations that are flexible, responsive, and effective. STAFF ANALYSIS: • The proposed amendments to the City’s development code are staff-initiated changes. • The current definition of “building height” is cumbersome and confusing; staff and applicants find Staff Report to the Planning Commission 4 Building Height Definition  it challenging to apply. • City staff has reviewed numerous municipal code definitions for building height including the International Building Code. • The proposed definition is an appropriate representation of the current methodology for measuring building height utilized by our building officials. 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. Staff Report to the Planning Commission 5 Building Height Definition  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 an amendment to City of Liberty Lake Development Code adopting a revised definition “building height” and incorporating it throughout zoning district regulations, the City of Liberty Lake Planning Commission does hereby recommend to City Council that the amendment be APPROVED/APPROVED WITH MODIFICATIONS/NOT APPROVED. NOTE: The Planning Commission should vote on a motion for recommendation using the above format. If the recommendation is to approve with modifications, the motion should identify the modifications proposed. Staff Report to the Planning Commission 6 Building Height Definition  Exhibit A PROPOSED AMENDMENT TO CITY DEVELOPMENT CODE §10- 1C, DEFINITIONS: Building height - The vertical distance measured from the grade on the front elevation to the highest roofline on the building. the grade on the front elevation to the highest roofline on the Deleted: above a reference datum measured to the building.Not included in the maximum height are: chimneys, bell towers, steeples, roof highest point of the roof. The reference datum equipment, flag poles, and similar features which are not for human occupancy, but may be Deleted: shall be selected by either of the following, restricted in height to protect views. Within residential zones, bell towers, steeples, and similar whichever yields a greater height of building (see features are included within the maximum height and shall conform to the height requirements Chapter 2):¶ The elevation of the highest adjoining sidewalk or of the R-1, R-2, or R-3 zones. ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade;¶ An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection ‘1’ above is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.¶ PROPOSED AMENDMENT TO CITY DEVELOPMENT CODE AND RIVER DISTRICT SAP §10- 2B, 2C, 2D, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L 10-2X-8 Building Height The following building height standards are intended to promote land use compatibility and support the principle of neighborhood-scale design: A. Building Height Standard. Buildings within the R-1 Zone shall be no more than 35 feet Deleted: tall. Building height may be restricted to less than this maximum when necessary to comply with the Building Height Transition standard in “C” below. B. Method of Measurement. “Building height” is measured as the vertical distance from the grade on the front elevation to the highest roofline on the building. Not included in the maximum height are: chimneys, roof equipment, flag poles, and similar features which are not for human occupancy, but may be restricted Deleted: in height to protect views. Within residential zones, bell towers, steeples, and Deleted: above a reference datum measured to the highest point of the roof. The reference datum shall similar features are included within the maximum height and shall conform to the be selected by either of the following, whichever height requirements of the R-1 zone. yields a greater height of building (see above examples): Deleted: <#>The elevation of the highest sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade;¶ An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection ‘1’ above is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.¶