City Planning Commission

PLANNING COMMISSION MEETING MINUTES WEDNESDAY, SEPTEMBER 13TH, 2023 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Richard Siler, Joe Mann, DG Garcia, Jim Baumker, and Charlie Jencks Adjunct Member(s) Present: None Staff Present: Lisa Key, Amy Mullerleile & Kathy Cummings Call to Order: Meeting was called to order at 4:02 p.m. Roll Call: A quorum of members was present. Absences: Commissioner Robbins and Commissioner Bighorse Commissioner Garcia moved to excuse Commissioner Robbins absence, seconded by Commissioner Baumker. The motion carried unanimously. Review of Agenda & Approval of Minutes: Commissioner Jencks motioned to approve the August 9th, 2023, Planning Commission meeting minutes, seconded by Commissioner Baumker. The motion carried unanimously. Prior to beginning the hearing, Commissioner Siler stated the six proposed 2023 Annual Comprehensive Plan & Code Amendments and went through the Planning Commission Public Hearing Procedures. Director Lisa Key went over the procedural summary of the proposed comprehensive plan amendments and the criteria for approval per the City’s Development Code. She explained that each of the six amendments will be voted on separately and if we do not get through all six of the amendments, the hearing will be continued to the next meeting. PUBLIC HEARING: Director Key presented her staff report regarding the proposed Comprehensive Plan amendment and the new Open Space Zone designation for the (4) River District HOA open space tracts. 22 public comments were received while the staff report was being prepared. 20 were in opposition; one comment was requesting additional information and one was a response to comments from the applicant. 4 additional written comments were received after the staff report was complete. Director Key went over the staff analysis stating that the proposed uses within the new proposed zoning regulations are uses that are generally already allowed under the current zoning. The analysis included two main differences in the development regulations between the uses currently allowed versus the uses to be allowed for the proposed zone. Director Key pointed out that since the majority of the uses are already permitted uses within the existing zone, it isn’t apparent to staff as to why a zone change is necessary. These differences could simply be accomplished through amendment to the development regulations. Director Key also Planning Commission Meeting Minutes Page 1|3 September 13th, 2023 noted that the identified primary use structures in the new proposed zone, apart from shipping containers, are already allowed uses under the current zoning. It is important to note that there is potential conflict with the proposed amendment and the Comprehensive Plan policies. The Planning Commission did not have any questions. Testimony was given by Jim Frank, representing Greenstone. A presentation was given to clarify reasons for the creation of a new Open Space zone within the River District. He stated that this zone change is critical to maintain open spaces and common areas for the community to gather. Greenstone feels that an Open Space zone will provide additional long-term protection to these common areas from any future development. Mr. Frank spoke about the purpose of the River District Farm & Community Garden and the structures that currently exist. He pointed out the only major change proposed would be the use of storage containers as primary structures. He believes the proposed Open Space zone does include more restrictive standards for dimensional, site coverage and building height standards and provides screening from the storage containers. Mr. Frank believes that the proposed amendments are consistent with the Comprehensive Plan. Commissioner Baumker asked how the City became owner of Orchard Park and Director Key provided explanation. PUBLIC COMMENT: Commissioner Siler opened the floor for public comment. Nine current residents of the River District spoke of their positions on the proposed Open Space zone. Mike Terrell, representing Greenstone, didn’t have a rebuttal, but offered the opportunity to answer any questions. No questions were asked. Commissioner Siler closed the hearing to public comment and proceeded to deliberations on the Criteria for Approval at 5:27 p.m. DELIBERATIONS: Commissioner Baumker asked for clarification on the allowed uses and the structures that are currently on the River District Farm site. Discussion of the existing farm site and zoning continued with possible recommendations for modifications, conditions and restrictions that should be required for the proposed Open Space zone. Commissioner Baumker motioned to extend the meeting for an additional one hour, seconded by Commissioner Garcia. The motion carried unanimously. The commissioners continued discussion of the farm and the new Open Space zone. Commissioner Siler reminded the commission that before this can go before City Council, they will need to provide recommendation to either accept the amendment as written, accept with modification or not accept. Any modifications will need to be specific and be written. Commissioner Garcia motioned to approve the rezone with modifications, seconded by Jencks for further discussion. After open discussion amongst the commissioners, the recommended modifications were to delete proposed language associated with storage containers as a primary use, the Farm Stand Planning Commission Meeting Minutes Page 2|3 September 13th, 2023 and Market Garden should not be permitted uses within the new zoning matrix, with the building height limited to a maximum building height of 15 feet. In their deliberations, the Planning Commission evaluated the criteria for approval, and determined that: • The proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. • The proposed amendment is not warranted by a change in economic, technological and/or land use conditions. • The proposed amendment is not necessary to correct an error. • The proposed amendment is necessary to clarify meaning or intent. • The proposed amendment is necessary to provide for a proposed use that was not previously addressed. • The proposed amendment is not deemed necessary as being in the public interest. A roll call vote was taken. The motion failed, with Commissioner Garcia voting in favor of the motion, while all other Commissioners voted in opposition. Commissioner Baumker motioned to amend to eliminate the allowance for storage containers as a primary use and eliminated the design standards associated there with. Everything else to remain as is. The motion was seconded by Commissioner Jencks. A roll call vote was taken. The motion passed Commissioners Baumker, Garcia, Jencks, and Siler voting in favor, and Commissioner Mann voting in opposition. Recommendation: In the matter of Case No. LUA2023-0009, a request by Greenstone Corporation to amend the Comprehensive Plan Land Use Plan and the River District Specific Area Plan designation for certain River District HOA properties in the RD-R and RD-M zones to a new River District Open Space (RD-O) zoning designation, and adopting development regulations associated therewith, the City of Liberty Lake Planning Commission does hereby recommend to the Hearing Examiner and City Council that the amendment be APPROVED WITH MODIFICATIONS specifically deleting the allowance for storage containers as a primary use, and eliminating the design standards associated therewith. Secretary’s Report: Director Key announced that we had only heard the first case of the six. The hearing will be continued to a date definite of October 11, 2023 at 4pm, the next scheduled Planning Commission meeting. Adjournment: Commissioner Baumker motioned to adjourn the meeting and to continue the hearing of the five other proposed amendments at the next Planning Commission meeting on October 11th, seconded by Commissioner Mann at approximately 7:01 p.m. The motion carried unanimously. Planning Commission Meeting Minutes Page 3|3 September 13th, 2023