City Planning Commission

PLANNING COMMISSION MEETING MINUTES WEDNESDAY, OCTOBER 11TH, 2023 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Richard Siler, Joe Mann, DG Garcia, Jim Baumker, Dale Robbins 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 4:00 p.m. Roll Call: A quorum of members was present. Commission Robbins arrived at 4:03 p.m. Absences: None Review of Agenda & Approval of Minutes: Commissioner Jencks motioned to approve the September 13th, 2023, Planning Commission meeting minutes, seconded by Commissioner Baumker. The motion carried unanimously. Prior to beginning the hearing, Commissioner Siler summarized the Findings, Conclusions & Recommendations RE: River District Open Space Zone Change & Development Regulation Amendment from the hearing held on September 13th, 2023. Commissioner Baumker motioned to ratify the Planning Commission’s recommendations to City Council. Commissioner Robbins seconded the motion. Commissioner Mann was opposed. Motion passed 5-1. Commissioner Siler announced the remaining five 2023 Annual Comp Plan & Development Code Amendments that were to be heard from the previous hearing held on September 13th and stated the rules of Public Hearing. PUBLIC HEARING: City Development Code Amendment to Signage Standards: Director Key opened with an overview of the procedural summary and the background of proposed signage regulation changes. She described the internal inconsistencies, enforcement challenges, concerns with implementing the proposed changes and conflicts with Comp plan goals and policies. Staff recommends deferring the proposed amendments for potential consideration and resolution as part of the future city-wide sign code update planned for 2024. Mike Terell, representing Greenstone, presented on the proposed changes Greenstone believes are critical elements to be addressed now and not deferred. He stated that their intent was not to increase the overall signage allowance. Planning Commission Meeting Minutes Page 1|6 October 11th, 2023 Prior to the hearing, Joe Frank with Greenstone, gave written responses to staff comments. This was entered into the record as Exhibit C and copies were provided to the Commissioners. No public comment was received. The Planning Commissioners had questions regarding when the city plans to adopt new signage standards, the types of signage currently allowed and if we receive a lot of feedback from the community regarding signage complaints. Director Key responded to the questions asked. Upon deliberation, the Planning Commission concluded that: • The proposed amendment is not consistent with the Comprehensive Plan and is 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. Commissioner Baumker motioned to not approve the amendment. The motion was seconded by Commissioner Mann. A roll call vote was taken. Commissioners Siler, Mann, Robbins, Baumker and Jencks were in favor of not approving, and Commissioner Garcia abstained from the vote. The motion passed 5-1. Recommendation: In the matter of proposed amendments to Sign Code Regulations in the City of Liberty Lake Development Code (as detailed as Exhibit A of this staff report), the City of Liberty Lake Planning Commission recommends to City Council that the amendments be NOT APPROVED. River District Amendment to Landscape Regulations Senior Planner, Amy Mullerleile, gave an overview of the changes that have been proposed to the landscaping chapter for new development within the River District SAP. The majority of which are edits or additions to existing provisions to provide clarity. City staff and Greenstone have been working together on these since the first Planning Commission workshop on May 10th, 2023. Mike Terrell, landscape architect for Greenstone, stated that Greenstone appreciates the city’s time and efforts in working through the proposed changes to the landscape requirements for new development within the River District. No public comment received. Upon deliberation, the Planning Commission concluded that: • The proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. Planning Commission Meeting Minutes Page 2|6 October 11th, 2023  • The proposed amendment is warranted by a change in economic, technological and/or land use conditions. • The proposed amendment is 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 deemed necessary as being in the public interest. Commissioner Mann moved to approve the amendment. The motion was seconded by Commissioner Baumker. A roll call vote was taken. The motion passed with all Commissioners in favor. Recommendation: In the matter of proposed amendments to Landscape Standards in the City of Liberty Lake Development Code (as detailed in Exhibit A of this Staff Report), the City of Liberty Lake Planning Commission recommends to City Council that the amendment be APPROVED. City Development Code Amendment to Community Event Permitting Requirements Senior planner, Amy Mullerleile, presented an overview of the proposed amendments to the development code and the adoption of a new code section for the city’s Community Event permit process. The new development code section, along with the changes and updates to the existing code sections, are designed to streamline the process for both the applicant and staff. Definition updates should clarify whether a permit is required or not. The permit process, from application to issuance, has been reviewed by City staff. Open discussion was had. Commissioner Mann questioned whether the use of drone aircraft at such events is allowed and recommends the community event application include a statement pertaining to this. Planner Mullerleile will check with the city’s risk management group. No public comment was received. Upon deliberation, the Planning Commission concluded that: • The proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. • The proposed amendment is warranted by a change in economic, technological and/or land use conditions. • The proposed amendment is 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 deemed necessary as being in the public interest. Commissioner Jencks moved to approve the amendment. The motion was seconded by Commissioner Robbins. A roll call vote was taken. The motion passed with all Commissioners in favor. Planning Commission Meeting Minutes Page 3|6 October 11th, 2023 Commissioner Baumker motioned to extend the meeting until 6:30 p.m. Commissioner Robbins had seconded the motion. Motion passed unanimously. Recommendation: In the matter of amending the City of Liberty Lake Development Code and River District development regulations, revising the definition of public assembly and community event, amending the permitting process for these activities, and adopting a new section 10-4I-5 related to community events, the City of Liberty Lake Planning Commission does hereby recommend to City Council that the amendments be APPROVED. City Development Code Amendment to Allow Public Utility Local Distribution Facilities as a Limited Use in All Zones Director Key read the definition of a Public Utility Distribution Facility and discussed the Conditional Use permit process that is currently required prior to allowing such facilities within all zoning districts apart from the Open Space zone. Director Key discussed that the proposed amendment with the associated limited use standards will alleviate the requirement for a public hearing, be less costly and a more efficient process. SEPA will still be required which allows for public comment. Any conditions imposed will be premised on City code, standards, and policies and/or mitigation of negative impacts. No public testimony was received. Upon deliberation, the Planning Commission concluded that: • The proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. • The proposed amendment is 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 not 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 deemed necessary as being in the public interest. Commissioner Baumker motioned to approve and was seconded by Commissioner Mann. A roll call vote was taken. The motion passed with all Commissioners in favor. Recommendation: In the matter of amending the City of Liberty Lake Development Code and River District Development Regulations to allow public utility local distribution facilities as a limited use, the City of Liberty Lake Planning Commission does hereby recommend to City Council that the amendments be APPROVED. City Development Code Amendment to Fencing Standards for Essential Public Facilities & Utilities Planning Commission Meeting Minutes Page 4|6 October 11th, 2023 Director Key explained what Essential Public Facilities are and how 9/11 impacted protections that need to be in place to protect these public facilities. Currently, barbed wire or razor wire fencing is prohibited within the City, except for the fences that existed prior to the city incorporating. This amendment will exempt essential public facilities and utilities from the prohibition on chain link fencing materials, barbed wire, and razor wire, to accommodate the need for public safety and security at these essential public facilities. Discussion continued regarding the barbed wire allowance and what is considered essential. Director Key gave examples with explanation. No public testimony was received. Upon deliberation, the Planning Commission concluded that: • The proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. • The proposed amendment is 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 not 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 deemed necessary as being in the public interest. Commissioner Mann motioned to extend the meeting time by fifteen minutes and Commissioner Garcia seconded. Motion passed unanimously. Commissioner Baumker moved to approve the amendment. The motion was seconded by Commissioner Mann. A roll call vote was taken. The motion passed with all Commissioners in favor. Recommendation: In the matter of amending the fencing standards for essential public facilities and utilities in the City of Liberty Lake Development Code and River District Development Regulations for the purpose of public safety, the City of Liberty Lake Planning Commission does hereby recommend to City Council that the amendments by APPROVED. Citizens Comments: None Secretary’s Report: Director Key announced that we have a new project manager, Anthony Sanich, who started on October 2nd. City Council has changed the regular meeting date of November 7th to November 8th due to the election, so the next Planning Commission meeting will be abbreviated. Two Planning Commission members, Jim Baumker and Richard Siler, are up for renewal at the end of this year and will need to reapply. We currently have three vacancies being advertised. Planning Commission Meeting Minutes Page 5|6 October 11th, 2023 The City currently needs a third member for the Design Review Committee which is a Sub- Committee of the Planning Commission. Adjournment: Th meeting adjourned at 6:34 p.m. Planning Commission Meeting Minutes Page 6|6 October 11th, 2023