City Planning Commission

PLANNING COMMISSION MEETING AGENDA WEDNESDAY, DECEMBER 13, 2023 4 P.M. CITY HALL 22710 E Country Vista Drive Liberty Lake, WA 99019 To participate remotely, you can: • Submit Written Public Comment Prior to 2 pm on October 11, 2023 Questions or Need Assistance? Please contact Planning Commission Clerk Kathy Cummings at kcummings@libertylakewa.gov . 1. Call to Order – 4:00 pm 2. Roll Call 3. GENERAL BUSINESS • Review of Agenda • Approval of Minutes from November 8, 2023 4. WORKSHOPS • Proposed Amendments to Community Events Language Recommended for Approval • Proposed Amendments to River District Landscape Regulations Recommended for Approval 5. REPORTS • Secretary’s Report • Planning Commissioner Reports 6. CITIZEN COMMENTS 7. Adjournment Next Meeting: January 10, 2024  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  PLANNING COMMISSION MEETING MINUTES WEDNESDAY, NOVEMBER 8TH, 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: Staff Present: Lisa Key, Amy Mullerleile & Megan Edwards Call to Order: Meeting was called to order at 4:00 p.m. Roll Call: A quorum of members was present. Absences: None. Review of Agenda & Approval of Minutes: Commissioner Jencks motioned to approve the agenda, seconded by Commissioner Robbins. The motion carried unanimously. Commissioner Jencks motioned to approve the October 11th, 2023, Planning Commission meeting minutes, seconded by Commissioner Robbins. The motion carried unanimously. Ratification of Findings, Conclusions, and Recommendations for 2023 CPA’s: City Development Code Amendment to Signage Standards: Director Key read the Planning Commission’s findings, conclusions, and recommendations regarding the proposed amendments to City Development Code signage standards. She noted that she will not be repeating the findings for subsequent cases, as they are the same for each proposed amendment. Commissioner Robbins moved to ratify, seconded by Commissioner Jencks. The motion carried unanimously. River District Amendment to Landscape Regulations Director Key read the Planning Commission’s conclusions and recommendations regarding the proposed amendments to the River District landscape regulations. Commissioner Jencks moved to ratify, seconded by Commissioner Robbins. The motion carried unanimously. Planning Commission Meeting Minutes Page 1|3 November 8, 2023 City Development Code Amendment to Community Event Permitting Requirements Director Key read the Planning Commission’s conclusions, and recommendations regarding the proposed amendments to City Development Code regarding community event permitting requirements. Commissioner Baumker noted several grammatical errors that were to be changed. Commissioner Jencks moved to ratify as amended based on the grammatical changes, seconded by Commissioner Robbins. The motion carried unanimously. City Development Code Amendment to Allow Public Utility Local Distribution Facilities as a Limited Use in All Zones Director Key read the Planning Commission’s conclusions and recommendations regarding the proposed amendments to City Development Code Amendment allowing public utility local distribution facilities as a limited use in all zones. Commissioner Jencks moved to ratify, seconded by Commissioner Robbins. The motion carried unanimously. City Development Code Amendment to Fencing Standards for Essential Public Facilities & Utilities Director Key read the Planning Commission’s conclusions and recommendations regarding proposed amendments to the City Development Code regarding fencing standards for essential public facilities & utilities. Commissioner Jencks moved to ratify, seconded by Commissioner Robbins. The motion carried unanimously. Citizens Comments: No comments. Secretary’s Report: Director Key noted that she received Jim Baumker’s Planning Commission Application along with several other applications. Will need fourth applicant to fill vacant position. Upcoming comprehensive plan amendment. Grant application for climate resiliency applied for with the Department of Commerce for the next biennium. Workshop for the comprehensive plan amendments will be held the second meeting in November; with the Hearing Examiner meeting occurring in December. Commissioner Report: Commissioner Siler talked at the previous City Council Meeting. Commissioner Siler requested the outcome of the shipping container appeal with Greenstone. Director Key stated that Greenstone withdrew their appeal and the notice of violation stands. Planning Commission Meeting Minutes Page 2|3 November 8, 2023 Adjournment: Commissioner Jencks moved to adjourn the meeting, seconded by Commissioner Robbins. The motion carried unanimously. The meeting adjourned at 4:21 p.m. Planning Commission Meeting Minutes Page 3|3 November 8, 2023  MEMORANDUM To: Members of the Planning Commission From: Amy Mullerleile Subject: Community Event Code Language Revisions Date: December 8, 2023 During the October 11, 2023, Planning Commission meeting, a public hearing was held on proposed amendments to the City’s Comprehensive Plan and Development Code. Among those proposals was a series of staff-initiated changes to the development code language associated with permitting community events. The Planning Commission unanimously voted to recommend the proposed amendments be adopted by the City Council. Since that public hearing, the City has transitioned to a new insurance provider/risk management company; Washington Cities Insurance Authority (WCIA). Because liability and risk mitigation are crucial components of community event permitting, the proposed language was provided to WCIA for review and consideration. The result of their review included several recommendations for additions to the proposed language that was previously approved by the Planning Commission. Their recommendation was to include sections addressing permit conditions, violations or penalties, clean-up deposits, as well as more generalized insurance language. Because this language will be formally codified within the City’s development code, we are asking the Planning Commission to reconsider the proposed language with the inclusion of recommendations from WCIA. It is our intent to bring the Planning Commission’s recommendation forward to City Council at the scheduled December 19th public hearing on Community Events. __________________________________________________________________ 22710 E. Country Vista Dr., Liberty Lake, Washington 99019 Phone: 509.755.6700 Fax: 509.755.6713  Exhibit C 10‐4I‐5 Community Event Permits A. Purpose and Intent 1. The purpose of this sec on is to support and encourage the safe and orderly execu on of community events while recognizing the impact these events have on the availability of City services. These permits aim to facilitate the planning, coordina on, and management of events that are of a temporary nature and have the poten al to impact public spaces, infrastructure, and the well‐being of residents. 2. The community event permit process serves several essen al objec ves: a. Public Safety: Community event permits establish guidelines and requirements to protect the safety and security of a endees, par cipants, and the general public. They enable event organizers to implement necessary safety measures, such as crowd control, emergency preparedness, and traffic management, to mi gate risks and poten al hazards associated with large gatherings. b. Resource Management: By reviewing and issuing community event permits, the City can ensure efficient alloca on and management of public resources. These resources may include public spaces, parking facili es, emergency response, and other municipal services necessary to support the event. The permit process helps prevent conflicts and overlapping of events, allowing op mal u liza on of available resources. c. Preserva on of Public Order: Community event permits help maintain public order and minimize disrup on to the daily life of residents. Se ng guidelines for event dura on, noise levels, parking restric ons, and other relevant factors, ensure that events do not unduly interfere with the rights and comfort of the local community. It seeks to strike a balance between facilita ng vibrant and diverse events and preserving the quality of life for all residents. B. Permit Required 1. No person shall conduct a community event as defined in §10‐1C unless a permit has been obtained from the City, unless otherwise explicitly exempted from permit in paragraph C, below. C. Permit Excep ons 1. The following ac vi es are exempt from the requirement to obtain a community event permit, although such ac vi es must s ll comply with all other applicable laws: a. A funeral or wedding procession; b. Dances or other social events conducted by schools or churches on their property or similar events held in buildings designed to accommodate such events; c. Individual garage or rummage sales on private property; 1  d. Recrea onal ac vi es or gatherings at a City park that are otherwise regulated by the City’s park rental and use policies; e. Events sponsored by a homeowner’s associa on, hosted on HOA property, and not expected to draw more than 100 people; f. Ac vi es conducted by a governmental agency ac ng within the scope of its authority; and g. Lawful picke ng on sidewalks. D. Insurance Required for Community Event Permits 1. The applicant shall provide the City with a declara on page demonstra ng proof of insurance in the types and amounts established by the City’s insurance carrier. Evidence of Deleted: liability insurance shall be filed with the applica on and shall name the City of Liberty Lake as an addi onal named insured. Depending upon the nature of the community event and its risk to the public and private individuals, the City Administrator or designee may increase or reduce the liability limits for a given event a er consulta on with the City’s insurance carrier. 2. The applicant shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, ac ons, or liabili es for injury or death of any person, or for loss or damage to property, which arises out of the applicant’s event, or from any ac vity, work or thing done, permi ed, or suffered by applicant which arises from the applicant’s event, except only such injury or damage as shall have been occasioned by the sole negligence of the City. E. Traffic Control 1. The City Administrator or designee may require any reasonable and necessary traffic control with the applicant responsible for the expense. The City Administrator or designee shall no fy the applicant of any City‐projected traffic control expense and collect this amount before a permit is issued. F. Applica on Submi al and Contents 1. Completed Community Event Applica on and all associated fees. 2. Site Map Showing: a. North arrow b. Property boundaries and dimensions c. Width & name of adjacent streets d. Dimensions and loca ons of on‐premises signage e. Exis ng buildings f. Dimensions and loca on of all temporary buildings (including tents) 2  g. Restrooms h. Trash receptacles i. Event layout showing loca ons of booths, food, rides, displays, etc. j. Exit loca ons k. Fire ex nguishers l. Parking spaces and driveways m. Fences (temporary or permanent) n. Bleachers or stage o. Temporary ligh ng p. Temporary heaters, grills, fire pits, or other heat sources q. Proposed route (parades, marathons, walks, etc.) 3. Traffic Control Plan (if u lizing streets, sidewalks, or bike lanes) 4. Cer ficate of Liability Insurance 5. Map showing the dimensions, loca on, and dates of display of all off‐premises signage 6. Banquet Permit issued by the Washington State Liquor and Cannabis Board (if serving alcohol) 7. Temporary Food Establishment or Food & Beverage Worker Permit issued by the Spokane Regional Health District (if serving food that is not pre‐packaged) 8. List of all par cipa ng vendors or food trucks. G. Permit Review Process 1. The City will process applica ons on a first‐come, first‐served basis. Applica ons shall be submi ed no later than 45 days prior to the scheduled event. 2. Applica ons shall be reviewed for completeness and then distributed to the appropriate staff and agencies for review as applicable. The reviewing authori es include but are not limited to: a. Liberty Lake Planning, Engineering, and Building Department b. Liberty Lake Parks & Recrea on Department c. Liberty Lake Police Department d. Liberty Lake Streets and Opera ons Department e. Spokane Valley Fire Department 3  f. Spokane Transit Authority g. Central Valley School District 3. Using the Exempt project procedure under Ar cle 10‐4B, the Director or designee shall approve, approve with condi ons, or deny a community event permit based on the criteria listed in 10‐4I‐5(H) and 10‐4I‐5(I) below. H. Approval Criteria ‐ The Director or designee shall approve or approve with condi ons a community event permit based on a finding that all of the following criteria have been sa sfied: 1. The applicant has provided proof that the property‐owner has given permission to use his/her property in the proposed manner. 2. No parking shall be u lized by customers or employees of the event which is needed by the principal use to meet the minimum parking requirement under Ar cle 10‐3D ‐ Vehicle and Bicycle Parking. 3. No aspect of the proposed event layout will result in the obstruc on of required clear‐view triangles, as required in Sec on 10‐3B‐2, subsec on N, nor result in the obstruc on of pedestrian access on public streets, pathways, or sidewalks, without the provision of an approved traffic control plan. 4. Proposed ingress and egress will be safe and adequate when combined with the other uses of the property. 5. The event does not create adverse, off‐site impacts such as excessive vehicle traffic, noise, odors, vibra ons, glare, or lights that unreasonably affect neighboring proper es. 6. The applicant has provided all the required applica on materials and any addi onal documents or informa on requested by the City. 7. The proposed community event loca on will be available on the proposed date, and no other events are scheduled to take place at the loca on on that date and me or, if another event is scheduled to take place, that event organizer has provided wri en consent to the City to allow a parallel event to take place at the same loca on, date, and me; 8. The police department, fire department, and opera ons department have determined the following: a. The proposed event will not endanger public safety or health; b. The proposed event will not seriously inconvenience or impair the general public’s use of public property, services, or facili es; c. The loca on of the proposed event will not substan ally interfere with any construc on or maintenance work scheduled to take place upon or along public property or right‐of‐way, or a previously granted encroachment permit. I. Denial Criteria ‐ The City may deny an applica on for a community event permit if in the sole discre on of the Director or designee: 4  1. The permit applica on was submi ed less than forty‐five (45) days prior to the event; 2. The applicant has failed to remit all fees, documents, or proof of insurance; 3. The applicant has provided false or misleading informa on; 4. The applicant has refused to agree, to abide or comply with all of the condi ons and terms of the permit; 5. The proposed event would conflict with another proximate event, interfere with construc on or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abu ng property; 6. The event would substan ally interfere with the provision of City services or governmental func ons; 7. The size or nature of the event would require supervision by a significant number of police officers, such that it would result in unreasonable expense or diversion of police du es; 8. The proposed event would seriously inconvenience or impair the general public’s use of public property, services, or facili es; 9. The proposed event would unreasonably disrupt the orderly or safe circula on of traffic and would present an unreasonable risk of injury or damage to the public; 10. There are not sufficient safety personnel or other necessary City staff to accommodate the event; 11. The applicant has failed to conduct a previously authorized community event in accordance with law or the terms of a permit, or both; 12. The police department or City Engineer has failed to approve the permit due to traffic or other safety concerns; or 13. The applicant has failed to provide sufficient safety, health or sanita on equipment, services, or facili es. J. Permit Condi ons – The City Administrator or designee may condi on the issuance of a community event permit by imposing reasonable requirements concerning me, place, and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. Such condi ons include but are not limited to the following: 1. Altera on of the date, me, hours of opera on, route, or loca on of the event proposed on the event applica on. 2. Condi ons concerning the area of assembly and disbanding of an event along a route. 3. Condi ons concerning accommoda on of pedestrian or vehicular traffic, including restric ng the event to only a por on of the street or right‐of‐way. 4. Requirements for the use of traffic cones or barricades. 5  5. Requirements for the provision of first aid and sanitary facili es. 6. Requirements for the provision of fire, police, emergency medical protec on, and parks and public works crews for maintenance and cleanup, if necessary. 7. Requirements for coordina on with the Fire Department and emergency personnel for emergency treatment and evacua on of people who may need immediate care, cardiopulmonary resuscita on, or ambulance service; emergency communica on; fire suppression equipment within structures; and maintenance of unobstructed emergency passageways. 8. Requirements for use of event monitors and provide no ce of permit condi ons to event par cipants. 9. Restric ons on the number and type of vehicles, animals, or structures at an event. 10. Compliance with animal protec on ordinances and laws. 11. Requirements for use of garbage containers, cleanup, and restora on of City property. 12. Restric ons on the use of amplified sound and compliance with noise ordinances, regula ons and laws. 13. No ce to residents and/or businesses regarding any ac vity that would require a street closure or nega vely impact the normal use of neighboring proper es. 14. Restric ons on the sale and/or consump on of alcohol. 15. Elimina on of an ac vity which cannot be mi gated to a point as to ensure public safety and welfare, or which causes undue liability to the city. 16. Compliance with any other applicable federal, state or local law or regula on. 17. Any other restric on or requirement deemed necessary to ensure public safety and well‐ being. K. Permit Revoca on 1. The City Administrator or designee shall have the authority to revoke a permit upon in the event of non‐compliance with condi ons of the approval of the permit, or upon viola on of the community event standards as established herein. The City Administrator or designee shall also have the authority to revoke a permit if an event cannot be held due to a public health direc ve or declara on of a state or local emergency. If a permit is revoked due to a public health direc ve or other emergency measures, the applica on fee shall be refunded to the applicant. In the event of revoca on, the City Administrator or designee shall no fy the permi ee of the revoca on, in wri ng, as soon as reasonably possible. L. Appeals 6  2. Upon denial of a permit an applicant may file an appeal to the hearing examiner in accordance with the procedures detailed in §10‐4G‐2(H) of this tle. Said appeal shall be filed in wri ng within 14 days from the decision to deny. M. Fees, Waivers, and Cleanup Deposits Deleted: and 1. No fee shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Cons tu on, or Ar cle I, Sec on 3, 4, 5 or 11 of the Washington Cons tu on. Poli cal or religious ac vity intended primarily for the communica on or expression of ideas shall be presumed to be a cons tu onally protected event. Factors that may be considered in evalua ng whether or not the fee applies include the nature of the event; the extent of commercial ac vity, such as the sales of food, goods, and services; product adver sing or promo on, or other business par cipa on in the event; the use or applica on of any funds raised; if part of an annual tradi on or a series, previous events in the sequence; and the public percep on of the event. 2. There shall be a nonrefundable fee paid by the sponsor(s) at the me of applica on for each community event (or approved series of not‐for‐profit community events) as reflected in the City’s fee schedule. 3. Upon approval of an applica on for a permit for a community event not protected under the First and Fourteenth Amendments of the U.S. Cons tu on, the City Administrator or designee shall provide the applicant with an es mated cost of providing City personnel and equipment prior to permit issuance. The applicant must sign off on the an cipated charges. Actual costs will be billed to the applicant a er the event. City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required City services, including the cost of opera ng the equipment to provide such services. 4. The applicant of an event, not protected under the First and Fourteenth Amendments of the U.S. Cons tu on, involving the sale of food or beverages for immediate consump on, erec on of structures, horses or other animals, water aid sta ons or any other event likely to create a substan al need for cleanup, may be required to provide a cleanup deposit prior to the issuance of a community event permit. The cleanup deposit may be refunded a er the event if the area used for the permi ed event has been cleaned and restored to the same condi on as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost by the City for cleanup and restora on. The cleanup deposit shall be applied toward the payment of the bill. N. Viola on – Penalty 1. It shall be unlawful for any person to operate or conduct a community event requiring a community event permit pursuant to this ordinance unless a valid permit has been issued and remains in effect for the event. It is unlawful for any person to par cipate in such an 7  event with the knowledge that the organizer/operator of the event has not been issued a required, valid permit or with knowledge that a once valid permit has expired or been revoked. 2. The community event permit authorizes the permi ee to conduct only such an event as is described in the permit, and in accordance with the terms and condi ons of the permit. It is unlawful for the permi ee to willfully violate the terms and condi ons of the permit, or for any event par cipant with knowledge thereof to willfully violate the terms and condi ons of the permit or to con nue with the event if the permit is revoked or expired. 3. Viola ons of this chapter shall cons tute a Class 1 civil infrac on. Deleted: ¶ 8  MEMORANDUM To: Members of the Planning Commission From: Lisa D. Key, Director of Planning & Engineering Subject: River District Landscape Regulations – Proposed Revisions Date: December 8, 2023 During the October 11, 2023, Planning Commission meeting, a public hearing was held on proposed amendments to the City’s Comprehensive Plan and Development Code. Among those proposals was a Greenstone-initiated proposal to amend the River District Landscape Regulations. The Planning Commission voted unanimously to recommend the proposed amendments be adopted by the City Council, and the Planning Commission’s Findings and Conclusions were ratified on November 8, 2023. The City Council Public Hearing on the proposed amendment took place on December 5, 2023. Just prior to the hearing, Greenstone proposed an amendment to the language originally proposed in their amendment to the landscape standards. City Council remanded these proposed revisions back to the Planning Commission for their consideration. Greenstone’s proposed revisions to the requested amendment are appended to this memo as Exhibit A. Greenstone’s proposed revision to their proposed revisions is highlighted on Page 3-12. It is our intent to bring the Planning Commission’s recommendation regarding the proposed revised language forward to City Council at their scheduled December 19th meeting for their consideration in the final deliberations for the proposed amendments to River District Landscape Regulations. __________________________________________________________________ 22710 E. Country Vista Dr., Liberty Lake, Washington 99019 Phone: 509.755.6700 Fax: 509.755.6713  EXHIBIT A Article 10-3C — Landscaping, Street Trees, Fences, & Walls 10-3C-1 Purpose The purpose of this article is to promote community health, safety and welfare by protecting natural vegetation, and setting development standards for landscaping, street trees, fences and walls. Together, these elements of the natural and built environment maintain and protect property values, enhance the City’s appearance and character, visually unify the City and its neighborhoods, and promote proper plant selection and provide for continuous maintenance so that plant materials can flourish. Trees provide climate control through shading during summer months and wind screening during winter, and trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials also provide vital screening and buffering between land uses. Landscaped areas help to control stormwater drainage and can improve water quality, as compared to paved or built surfaces. The article is organized into the following sections: A. 10-3C-2 Landscape Conservation - prevents the indiscriminate removal of significant trees and other vegetation, including vegetation associated with streams, wetlands and other protected natural resource and critical areas. B. 10-3C-3 New Landscaping - sets standards for and requires site landscaping and buffering for parking and maneuvering areas, and between different zones.. (Note that other landscaping Deleted: New landscape area calculations shall be standards may be provided in Chapter 2 - Zoning Districts, for specific types of development.) calculated as the gross landscape area (length x width) less the areas where planting is not possible. These areas include the clear view triangle as C. 10-3C-4 Street Trees - sets standards for and requires planting of trees along all streets for defined §10-3B-2(N)s, utility pads, utility offsets, shading, comfort, and aesthetic purposes. signs, and light fixturesoffsets, and other similar infrastructure as defined below described in 10-3C- D. 10-3C-5 Fences and Walls - sets standards for new fences and walls, including maximum 4(F)… allowable height and materials, to promote security, personal safety, privacy, and aesthetics. (Note that other fence and wall standards may be provided in Chapter 2- Zoning Districts, for specific types of development.) 10-3C-2 Landscape Conservation A. Applicability. All development sites containing Significant Vegetation, as defined below, shall comply with the standards of this Section. The purpose of this Section is to incorporate significant native vegetation into the landscapes of development and protect vegetation associated with streams, wetlands and other protected natural resource and critical areas. The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks, and allows for water conservation due to larger plants having established root systems. The use of existing landscaping to incorporate into plantings is encouraged and existing landscape can be used to offset new landscaping requirements. Existing landscaping being used to offset new landscaping requirements will be indicated on the proposed plan. B. Significant Vegetation. 1. Significant Trees and Shrubs - All trees within the public right of way with a trunk diameter of 12 inches or greater, as measured 4 feet above the ground (DBH), and all plants within the drip line of such trees and shrubs, shall be protected, if practical and Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐1  EXHIBIT A as applicable. Additionally, individual trees and shrubs with a trunk diameter of 12 inches or greater should be protected, if practical. Other trees may be deemed significant, when nominated by the property owner or City staff and designated by the City Council as “Heritage Trees” (i.e., by virtue of site, rarity, historical significance, etc.) 2. Natural Resource / Critical Areas - Trees and shrubs on sites that have been designated as “Critical Areas” or natural resource areas, in accordance with Chapter 6 (e.g., due to slope, natural resource areas, wildlife habitat, etc.) shall be protected. 3. Exception - Protection shall not be required for plants listed as non-native, Class A weeds by the Spokane County Noxious Weed Control Board or for non-native invasive plants. 4. Existing trees and shrubs protected during construction can be used to offset new landscaping requirements on a one for one basis provided they meet the other standards of this code. C. Mapping and Protection Required. All significant trees within the right of way and all Heritage Trees shall be mapped individually and identified by species and size (diameter at 4 feet above grade, or “DBH”). A “protection” area shall be defined around the edge of all branches (drip-line) of each tree (drip lines may overlap between trees). The City also may require an inventory, survey, or assessment prepared by a qualified professional when necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements. Other significant vegetation should be identified as existing vegetation on required landscape plans with their size and species, if the trees will be preserved as a portion of the required landscaping. D. Protection Standards. All of the following protection standards shall apply to significant vegetation identified in B above, other vegetation should comply whenever practical: 1. Protection of Significant Vegetation - Significant vegetation shall be retained whenever practical, as determined by the Zoning Administrator. Preservation may become impractical when it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable zoning district and relocation of the vegetation or replacement with equivalent vegetation with the closest DBH for trees or commercially available nursery size available in the Spokane/ Coeur d’Alene metro region shall be required within the development or if not possible, then relocated or replaced within another area in the City. 2. Protection of Natural Resource / Critical Areas - Natural Resource / Critical Areas shall be protected in conformance with the provisions of Chapter 6. 3. Conservation Easements and Dedications - When necessary to implement the Comprehensive Plan, the City may require dedication of land or recordation of a conservation easement to protect specific areas, including groves of significant trees or Heritage Trees. E. Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, except as approved by the City for installation of utilities or streets. Such approval shall only be granted after finding that there is no other reasonable alternative to avoid the protected area, and any required mitigation is provided in conformance with Chapter 6 and Subsection D above. F. Exemptions. The protection standards in “D” above shall not apply in the following situations: Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐2  EXHIBIT A 1. Dead, Diseased, and/or Hazardous Vegetation - Vegetation that is dead or diseased, or poses a hazard to personal safety, property, or the health of other trees, may be removed. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection 2, below. 2. Emergencies - Significant vegetation may be removed in the event of an emergency when the vegetation poses an immediate threat to life or safety, as determined by the Zoning Administrator. The Zoning Administrator shall prepare a notice or letter of decision within 15 days of the tree(s) being removed. The decision letter or notice shall explain the nature of the emergency and be on file and available for public review at City Hall. 10-3C-3 New Landscaping A. Applicability. All land uses shall comply with the requirements of this section, except temporary uses, single-family detached residential, and other uses not subject to Site Design Review as outlined in Article 10-4C, which must only comply with the requirements for the preservation of significant vegetation and landscape conservation identified in Section 10-3C-2 above. B. Landscaping Plan Required. A landscape plan is required and shall be submitted and reviewed prior to any permit issuance or development approval. All landscape plans shall conform to the requirements in Section 10-4C-3(B)(1)(c)(vi). The landscape plan shall be prepared or approved Deleted: 10-4C-3 by a licensed landscape architect licensed in the state of Washington and sealed with the landscape architect's stamp. In addition to the requirements outlined in 10-4C-3(B)(1)(c)(vi), the Deleted: Over and above the requirements landscaping plan shall include: Deleted: 1. New landscape area calculations shall be calculated as the gross landscape area (length Deleted: 10-4C-3 x width) less the areas where planting is not possible. These areas include clear view Deleted: T triangles, utility pads, utility offsets, sign and light offsets, as defined in 10-3C-1B Deleted: below. 2. Identification of any existing landscape trees or shrubs that are included in the plan being used to offset the new landscaping requirements. Deleted: to meet Deleted: <#>¶ C. Bonding and Assurances. Prior to the issuance of any occupancy permits for a project, the project shall either install the required landscaping in accordance with the approved landscape plan or obtain bonding or other assurances as established in Section 10-4C-5. In the event a Deleted: six Multi-Family Landscape Example Deleted: bond or other assurance is needed, a temporary certificate of occupancy may be issued for a Deleted: . nine-month period to complete the installation of the landscaping. If the installation of the Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐3  EXHIBIT A landscaping is not completed within the nine-month period, the security may be used by the City Deleted: six- to complete the installation. D. Landscape Area Requirements. The landscaping requirements are minimums; higher standards can be substituted as long as all fence or vegetation height limitations are met and vision clearance areas (Section 10-3B-2, subsection N) are maintained. Crime prevention and safety should be remembered when exceeding the landscaping standards (height and amount of vegetation may be an issue). The following are minimum percentages of required site landscaping based on types of development (the requirements in E-G below may require exceeding the percentages below). If after meeting the requirements in E-G below, the required minimum percentage has not been achieved; additional landscaping shall be added on the site around the buildings, in the parking areas, around the perimeter, etc. in order to meet the required minimum percentages below (percentage of the site that is required to be landscaped): 1. Multi-Family Residential (and other applicable residential projects in all zones) - 20% 2. Commercial, Industrial, and Other Non-Residential (RD-C) - 10% Deleted: Stormwater facilities added to areas with required landscape. 3. Commercial, Industrial, and Other Non-Residential (RD-M) 15% Deleted: <#>Every other row of parking spaces 4. Government / Civic (all zones) - 20% shall be separated from one another by a six (6) foot landscape island that extends the entire length of the row of parking spaces. Such E. Interior Parking Area Landscaping. Interior parking area landscaping shall contribute to the total landscape island shall contain two (2) shade trees site area requirements in D above. and ten (10) shrubs distributed per 45 linear feet. Additionally, a six (6) foot wide pedestrian 1. The interior of all parking areas shall contain landscape islands and peninsulas located walkway, running parallel to the landscape in such a manner as to: islands shall be provided for convenient pedestrian access to the building entry(s) and a. Divide and break up large expanses of paving. spaced approximately 250’ apart throughout the parking lot.¶ b. Guide traffic flow and direction. When the parking is oriented parallel to the c. Promote pedestrian and vehicular safety. building face, a six (6) foot wide pedestrian walkway shall be provided through the parking lot d. Preserve existing trees and vegetation. from the furthest row of parking to the building entry. These pedestrian walkways run Interior landscaping shall consist of an evenly distributed mix of shade trees with shrubs. perpendicular to the building face and parking “Evenly distributed” means that the trees are distributed around the parking lot perimeter and shall be spaced no greater than 250’ apart and between parking spaces to provide a partial canopy. throughout the parking lot.¶ Orientation of the walkway to the building entry 2. Landscape islands shall be installed to break up the parking area into rows of not more and integration of the walkway into the required than 20 contiguous parking spaces or 10 spaces in one row. landscape along the driveway is encouraged. The pedestrian walkway shall be integrated with a. Each end of each row of parking spaces shall require a landscape island unless landscape islands when practical. The dimension the end of such row of parking spaces is adjacent to a perimeter landscape. of a landscape island with a 6’ pedestrian walkway shall be no less than sixteen (16) feet to b. The minimum width for a landscape island that is parallel to a parking space shall accommodate trees and snow removal.¶ be equivalent to the area of one parking space (e.g. 90 degree stalls are required to be a minimum of 9' x 18', therefore the landscape island shall be at least 9' x 18'). Each landscape island or peninsula shall contain a minimum of one (1) shade tree and a combination of five (5) deciduous and evergreen shrubs or groundcover. c. No stormwater facilities are allowed within the required portions of landscape islands. Deleted: Stormwater management: Innovative stormwater techniques are encouraged. No stormwater facilities may be installed in required 3. Alternative Interior Parking Lot Landscaping. Interior parking lot landscaping is required landscape areas.¶ to supplement the perimeter parking lot landscaping in order to meet the following Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐4  EXHIBIT A standards: Deleted: Tree Installation a. No parking stall is located more than 50 feet from a shade tree, unless the site Deleted: <#>At the option of the applicant, the contains a large-scale building or development (buildings with greater than following tree installation requirements to provide a minimum of Fifty percent shading of 20,000 square feet of enclosed ground floor space or multiple buildings with a paved parking lots and paved service areas combined enclosed ground floor space greater than 40,000 square feet (as per may be utilized.¶ Section 10-2J- 10(C)(2))), then no parking stall shall be located more than 100 Fifty percent of paved parking lots and open feet from a shade tree. Street trees and trees located on adjacent properties can service area surfaces shall be shaded by tree canopies within fifteen years of planting.¶ be included for the purpose of this calculation if they are in close enough i. GENERAL¶ proximity to the parking. aa. A “paved parking lot” shall include parking stalls, driveways, and maneuvering areas.¶ b. Required shade trees shall be located in landscape islands of not less than 100 bb. Trees planted to satisfy the requirements sq. ft. in area, and not less than 9 feet in width. of these guidelines are landscaping as defined by Municipal Code and are subject to c. In addition to shade trees, landscape islands shall contain vegetative or non- established landscaping requirements.¶ vegetative ground cover. Shrubs are optional. ii. LANDSCAPE PLAN REQUIRED¶ aa. A landscape plan which details the degree d. Parking, loading, storage and/or display areas for tractor/trailers, buses, of compliance with the Parking Lot Shade Tree recreational vehicles, heavy equipment, and similar uses are exempt from Ordinance is required. The plan shall show:¶ interior parking lot landscaping requirements. All landscaped areas.¶ Tree canopies drawn to scale representing the estimated canopy at a fifteen- year growth period.¶ F. Perimeter Landscaping. Perimeter landscaping shall contribute to the total site area The total area in square feet of the paved requirements in D above. The landscape screening shall provide breaks, as necessary, to allow parking lot, driveways, and maneuver areas; and the area shaded by tree canopies. A for access to the site and sidewalk by pedestrians via pathways. schedule listing total parking area, shaded area, and the percentage of parking area 1. Perimeters Adjacent to Public Rights-of-way. shaded shall be included.¶ a. Location: Portions of the parking lot parallel to the ROW, where plantings are A schedule of the specific names of proposed trees and their sizes.¶ located between the parking lot and the ROW. This section is not applicable to bb. Such plan shall be approved by the City driveways . prior to issuance of building permits. However, the plan is encouraged to be submitted at the b. Parking areas that extend to within 50 feet of a public right-of-way shall provide time of site plan review.¶ a landscape screen between the parking area and the right-of-way. iii. METHODOLOGY¶ aa. To simplify the process of determining c. The landscape screen shall be a minimum of ten (10') feet in width and shall compliance, the true angle of deflection of contain at least one (1) evergreen or deciduous tree and ten (10) shrubs natural sunlight shall not be considered. distributed per 25 linear feet of street frontage. At least 50% of the perimeter Shaded areas shall be assumed to be only trees shall be evergreen. Clustering of evergreen trees is encouraged. those portions of a paved parking lot directly Incorporation of berms, low walls or other landscape features is encouraged. beneath the shading canopy or drip line.¶ bb. Shading shall be provided by tree Street trees can be used in the count of required trees. canopies except that any portion of a paved 2. Perimeters Not Adjacent to Public Rights-of-way. parking lot directly beneath and shaded by a man made structure (overhangs and covered a. Location: Portions of the parking area or vehicular area NOT adjacent to either parking, for instance) shall be deleted from the requirements of these performance standards a ROW or a structure. This section shall be applied to driveways, unless the and shall be subtracted from the area of the ... [1] driveway is adjacent to a structure, in which case 10-3C-3-F3 shall apply. Deleted: s b. In addition to F-1 above, the remaining perimeter of any parking areas, Deleted: accessing the ROW driveways, or other vehicular areas shall be surrounded by a continuous five (5') foot landscape border minimum. Such landscape border shall be required Deleted: and drives or other vehicular areas between any paved area and any property line, yard, or required yard. The Deleted: , driveway, or other vehicular area landscape border may be interrupted for ingress and egress to structures and Deleted: lot adjoining lots. When a shared driveway will be located at the property line, the Deleted: , driveways, perimeter landscaping can be located at the sides of the driveway or as a landscaped median, as applicable. The landscaped border shall consist of at Deleted: other least one (1) evergreen or deciduous tree and ten (10) shrubs distributed per 25 Deleted: of street frontage linear feet. At least 50% of the perimeter trees shall be evergreen. Clustering of Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐5  EXHIBIT A evergreen trees is encouraged. 3. Landscape Border between Structures and Parking vehicular area. Deleted: Perimeters of Structures a. The landscape border between any structure and parking or vehicular area shall Deleted: Areas, be at least five (5') foot wide and consist of a minimum of ten (10) shrubs Deleted: drives, or other distributed per 25 linear feet. The landscape border is not required where a Deleted: area, drive, pedestrian path or sidewalk runs parallel to the building. The sidewalks / pedestrian paths located at the main building entrance shall be incorporated with Deleted: other plants. Borders between buildings and loading, storage or service areas that are Deleted: , not accessible to the general public are exempt from this requirement. Deleted: unless a sidewalk / pedestrian path is provided along the building or where vehicle b. Sight obscuring fences may be installed on the side yard and rear yard property access is provided to the building. lines of commercial developments with the perimeter landscaping installed between the parking area and the fence. Installation of shrubs on the inside of perimeter fencing is not required adjacent to loading, storage or other areas not accessible to the general public. Trees, however are still required. Chain link with slats is not approved. 4. Perimeters Adjacent to Interstate 90. A 40 foot minimum landscape buffer shall be required for perimeters adjacent to Interstate 90 to reduce light glare, noise and aesthetic impacts of Interstate 90 on the development as well as provide an aesthetic buffer between development and Interstate 90 traffic. a. Width: 40 foot minimum b. Plant Material: The buffer shall contain an average of at least three (3) deciduous or coniferous trees and twenty (20) shrubs per 1000 square feet of buffer. c. Trees: i. Evergreen: 50% of all trees, planted size 6-8’. Clustered in groups. ii. Deciduous: 50% of all trees, planted size 2” caliper. iii. Native, drought tolerant and adapted trees are highly encouraged. d. Shrubs: 50% evergreen and 50% deciduous when planted. Planted size: 5 gallon min. Native, drought tolerant and adapted shrubs are highly encouraged. e. Irrigation: Automatic irrigation systems are required. Drip irrigation and other water conservation measures are highly encouraged. Utilization of reclaimed water is required when available. f. Berms: Undulating berms ranging from 3’ to 6’ are encouraged. Berms to be constructed in natural shapes with integrated landscaping. i. Berm slopes: aa. Mown Turf: 4:1 bb. Native Grass: 3:1 cc. Shrubs: 2:1 g. Stormwater: Innovative stormwater management techniques are encouraged. Stormwater facilities may be integrated in the 40’ buffer as long as they do not exceed 50% of the total depth of the buffer at any one point. h. Pedestrian Facilities: Pedestrian pathways may be integrated in the 40’ buffer as part of a larger pedestrian circulation system. Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐6  EXHIBIT A a. Deleted: <#>Mixed Residential Zone Buffering. A 20 foot minimum landscape buffer zone shall be 5. Other Buffering. required between development and any adjacent Residential Zone to reduce light, glare, noise, and Refer to Section 10-2I-6(D), RD-C Development Setbacks, Other Yard Requirements, aesthetic impacts, as outlined in Chapter 2, the for additional buffering required within the RD-C Zone. buffer zone shall be as follows:¶ A minimum width of twenty (20) feet.¶ G. Screening of Mechanical Equipment, Outdoor Storage, and Loading Areas placed at ground Density provided based on per 1000 square feet level. All mechanical equipment, outdoor storage and manufacturing areas, and loading, of buffer. The landscaped border shall consist of at least three (3) shade, ornamental or evergreen service, and delivery areas, shall be screened from view from all public streets and any trees and twenty (20) shrubs distributed per 25 Residential Zones. Screening shall be provided by one or more the following (minimum of 6 feet linear feet of perimeter. Clustering of similar trees tall): in groups of 3-5 is highly encouraged. The buffer zone shall provide landscaping to screen parking, 1. Decorative wall (i.e., masonry or similar quality material), service, and delivery areas, and walls without windows or entries, as applicable. The buffer may 2. Evergreen hedge, contain pedestrian seating but shall not contain 3. Sight-obscuring fence, or any trash receptacles or storage of equipment, materials, vehicles, etc.¶ 4. Similar feature that provides a non-see-through barrier. Where fences are not installed, berming or other landscape treatment is encouraged to integrate Walls, fences, and hedges shall comply with the vision clearance requirements (Section 10-3B- the screening with the overall landscape design of 2, subsection N) and provide for pedestrian circulation, in accordance with Article 10-3B - the adjacent properties. Access and Circulation. (See Section 10-3C-5 for standards related to fences and walls.) Deleted: at grade Deleted: Chain link fences with slats do not meet the requirements of a site obscuring fence. H. Refuse Enclosures. Trash dumpsters or compactors that are required by this Code shall be enclosed by a refuse enclosure consisting of a six (6) foot tall decorative or solid fence with fully sight obscuring access gates. I. Landscape Materials. Landscape materials include trees, shrubs, ground cover plants, non- plant ground covers, and outdoor hardscape features, as described below: 1. Natural Vegetation. Natural vegetation shall be preserved or planted where practical and may contribute to the required landscaping. 2. Significant Vegetation. Significant vegetation preserved in accordance with Section 10- 3C-2 above shall be credited toward meeting the minimum landscape area standards. Credit shall be granted on a per square foot basis. The Street Tree standards of Section 10-3C-4 below may be waived when trees preserved within the front yard provide the same or better shading and visual quality as would otherwise be provided by street trees. 3. Plant Selection. A combination of deciduous and evergreen trees, shrubs, and ground covers shall be used for all planted areas, unless otherwise specified above. The selection plantings shall be based on local climate, exposure, water availability, and drainage conditions and non-native, invasive plants shall be prohibited. As necessary, soils shall be amended to allow for healthy plant growth. a. Minimum Deciduous Tree Size. Deciduous trees shall have a caliper size of 1.75 Deleted: 2 inches or greater, or be at least 10 feet tall at time of planting. Plant sizing can vary, with reductions if proven that larger tree sizes are not readily available. b. Minimum Evergreen Tree Size. Evergreen trees shall be at least 6 feet tall at time of planting and have a low-branching habit with dense foliage. c. Minimum Shrub Size. Shrubs or perennials shall be planted from 2 gallon containers or larger, and be at least 12” tall at time of planting. Perennials may be planted from 1 gallon containers if 2 gallon are not available. Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐7  EXHIBIT A 4. Hardscape features (i.e., patios, decks, plazas, etc.) may cover up to 10 percent of the required site landscape area; except in the RD-MU, where hardscape features may cover up to 20 percent of the required site landscape area (e.g. on a five acre site in the RD-M zone, 15% of the site or 32,670 sq. feet, is required to be landscaped, of that 32,670 sq. feet, 6534 sq. feet may be covered by hardscape features). Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement. 5. Plant & Non-plant Ground Covers. Plant groundcovers and bark mulch, chips, aggregate, or other non-plant ground covers are encouraged to be used around trees and shrubs in landscaped areas. 6. Storm Water Facilities. Storm water facilities (e.g., detention/retention ponds and swales) should be landscaped with water tolerant, native plants. J. Protective Curbing. All landscaped areas shall be protected from vehicle damage by a six (6) inch high protective concrete curbing, consistent with drainage requirements. Raised/rolled curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. K. Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged, and xeriscaping may be required when irrigation is not available. An automatic Irrigation system shall be provided for plants that are not drought-tolerant and the use of drip irrigation and moisture sensing timers is encouraged. Landscaping shall comply with City Water Conservation Ordinances, as adopted or amended. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen of the same size (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces deciduous tree, etc.). All other landscape features required by this Code shall be maintained in good condition, or otherwise replaced by the owner. L. Additional Requirements. 1. Additional buffering and screening may be required for specific land uses, as identified by Chapter 2, and the City may require additional landscaping through the Conditional Use Permit process (Article 10-4H). 2. Reclaimed water use in landscape areas is required when available. 3. Landscape design should take into account the integration of required trees and shrubs with required exterior lighting, as well as monument and freestanding signage. i. 4. In accordance with City Development Code Section 10-1B-8, Alternative Methods of Compliance, the City may approve alternatives to the landscape requirements, if the consistency and other standards of Section 10-1B-8 are met. M. 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: 1. Shopping cart return stations shall be identified on the site plan and the locations shall Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐8  EXHIBIT A be approved by the City; 2. 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 (see integrated curb example below); 3. Storage or temporary storage of shopping carts shall not be allowed on walkways outside of buildings at any time; and 4. The applicant shall submit a working plan for the collection of shopping carts from the parking lot. 10-3C-4 Street Trees Street trees shall be planted for all developments that are subject to Land Division or Site Design Review. Requirements for street tree planting strips are provided in Section 10-3G-2 – Transportation Deleted: - Improvements. Planting of unimproved streets shall be deferred until the construction of curbs and sidewalks. Street trees shall conform to the following standards and guidelines: A. Landscaping Plan Required. A landscape plan is required and shall be submitted and approved by the City prior to any permit issuance or development approval. All landscape plans shall conform to the requirements in Section 10-4C-3, and shall indicate the anticipated height and width of each tree species proposed at maturity. The landscape plan shall be prepared or approved by a licensed landscape architect with the landscape architect’s stamp on the plans. Deleted: ' B. Acceptable Street Trees. Acceptable street trees shall be considered any species of tree determined or approved by city staff for planting on rights-of-way and other public lands. The following sections C – F contain guidance for selecting species of trees proposed for planting Deleted: on rights-of-way and other public lands. All individual specimens to be planted must meet industry-accepted standards of quality established within the American National Standards Institute’s “Z60.1 American Standards for Nursery Stock” as published by AmericanHort. C. Growth Characteristics. Trees shall be selected based on the compatibility of their growth characteristics with site conditions, including but not limited to: available space for trees to grow above and below ground; required clearances for traffic, visibility and other infrastructure; soil conditions; and, exposure. The following should guide tree selection: 1. Provide a broad canopy where shade is desired. 2. Use low-growing trees for spaces under utility wires. 3. Select trees which can be “limbed-up” as the tree grows to accommodate vision clearance requirements. Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐9  EXHIBIT A 4. Use narrow or “columnar” or other similar trees with narrow or upright growth forms, where awnings or other building features may limit growth, or where greater visibility is desired between buildings and the street. 5. Use species with similar characteristics on the same block for design continuity. 6. Avoid using trees that are susceptible to insect damage, and avoid using trees that produce excessive seeds or fruit. 7. Select trees that are well-adapted to the environment, including soil, wind, sun exposure, deicing chemicals, and exhaust. Drought-resistant trees should be used in areas with sandy or rocky soil. 8. Use deciduous trees for summer shade and winter sun. D. Size at Planting. The minimum caliper size at planting shall be 1 ¾ inches. E. Size at Maturity. The following size classes which categorize tree species’ size at maturity are set forth as follows, and are referenced throughout other provisions of this section. [See Paragraph J of this Section for a list of acceptable street tree species.] 1. Class I Trees (Small Trees) are 20’-30’ tall at maturity. Examples include but are not limited to: Crataegus x lavallei – Lavalle Hawthorne Deleted: - Maackia amurensis – Amur Maackia Deleted: - Malus x ‘Spring Snow’ – Spring Snow Crabapple (fruitless) Deleted: ' Parrotia persica – Persian Parrotia Deleted: ' Deleted: - 2. Class II Trees (Medium Trees) are 30’-50’ tall at maturity. Examples include but are not limited to: Acer campestre – Hedge Maple Deleted: - Gleditsia triacanthos ‘Skycole’ – Skyline Thornless Honeylocust Deleted: - Tilia americana ‘Redmond’ – Redmond Linden Tilia tomentosa ‘Sterling’ – Sterling Silver Linden 3. Class III Trees (Large Trees) are in excess of 50’ tall at maturity. Examples include but are not limited to: Acer x freemanii ‘Autumn Blaze’ – Autumn Blaze Maple Acer saccharum spp. – Deleted: ' Sugar Maple Varieties Deleted: ' Ginkgo biloba – Maidenhair Tree Liriodendron tulipifera – Tulip Tree Deleted: - Deleted: - F. Spacing and Location. Street trees shall be planted within existing and proposed planting strips, Deleted: - and in sidewalk tree wells on streets without planting strips. The use of grass in sidewalk tree wells is discouraged and if necessary, shall only be utilized in a manner approved by the City. Deleted: - Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. 1. Spacing. The spacing of Street Trees should be based upon the size of the tree selected and the canopy size at maturity, in accordance with the three species classes listed below: Deleted: - a. Class I Trees (Small Trees): 15 – 30 feet Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐10  EXHIBIT A b. Class II Trees (Medium Trees): 30 – 40 feet Deleted: - c. Class III Trees (Large Trees): 40 – 50 feet Deleted: - d. Exceptions – special plantings designed or approved by a landscape professional Deleted: - or certified arborist. 2. Distance from Curb and Sidewalk. The distance trees may be planted from curbs or Deleted: <#>Street trees are to be located in curblines and sidewalks will be in accordance with the three size classes listed in available planting areas as determined once paragraph F (above), and no trees may be planted closer to any curb or sidewalk than utilities, clearview triangles, lights, fire hydrants and other improvements and offsets identified the following, except in the case of existing plantings: below are taken into account and spacing is a. Class I Trees (Small Trees) and Class II (Medium Trees) - three feet (minimum adjusted.¶ planting strip width of six feet) b. Class III Trees (Large Trees) - four feet (minimum planting strip width of eight feet) c. For existing planting strips less than 6 feet in width, only Class I Trees will be permitted, for replanting purposes. The City may require increased distances from curbs and/or sidewalks on Arterial and Collector streets to accommodate snow removal, vertical clearances, and visibility at intersections. 3. Separation Distances from Other Infrastructure Fixtures. Street trees are to be located Deleted: <#>Separation Distances from Other in available planting areas as determined once improvements and infrastructure Infrastructure Fixtures. Street trees are to be identified below are taken into account and spacing is adjusted. No street tree shall be located in available planting areas as determined once improvements and infrastructure identified planted closer than the following separation distances, unless a design deviation has below are taken into account and spacing is been granted by the City. : adjusted. No street tree shall be planted closer than the following separation distances, unless a a. Tree placement near any street corner, cross walk, or intersection shall be in design deviation has been granted by the City: conformance with the City’s clear view triangle standard; Deleted: <#>¶ b. 15 feet from the edge of any commercial or multi-family driveway; c. Half the measured distance between the curb and the sidewalk will be used as the offset dimension from an alley or single family driveway; Deleted: 7.5 feet d. 15 feet from any light fixture; Deleted: SFR Deleted: street light luminaire e. 7 feet from any fire hydrant; f. 15 feet from any utility poles; g. 5 feet minimum lateral clearance from underground utilities, ducts and non- irrigation pipes running perpendicular to the curb. h. For trees NOT included on the Avista approved list of powerline compatible trees, a minimum of 15 lateral feet from any overhead utility line (greater separation distance may be required as based on the tree class, and anticipated size and shape of the tree canopy at maturity); i. 5 feet from any curb cut for drainage; and, j. 10 feet from any dry well. G. Planting Standards. Street trees shall be planted in accordance with City of Liberty Lake Engineering Design Standards, Section 3.3(K)(3), Planting Standards. H. Soil Preparation, Planting, and Care. The developer or abutting property owner, as applicable, shall be responsible for ensuring the planting of street trees, including soil preparation, ground Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐11  EXHIBIT A cover material, staking, and temporary irrigation for two years after planting. The developer or abutting property owner, as applicable, shall also be responsible for ensuring the tree care (pruning, irrigating, fertilization, and replacement as necessary). Note: if at any time a street tree is substantially damaged by a vehicle or other means, it shall be the responsibility of the person causing the damage to replace the tree with one of similar species and size. Contact the City of Liberty Lake for additional information on street tree planting, pruning, and replacement. I. Assurances. The City may require the developer to obtain bonding or other assurances as established in Section 10-4C-5, subsection D to ensure the planting of the tree(s) and care during the first two years after planting. J. Street Tree List. The City of Liberty Lake is a Tree City USA and the program emphasizes native species and encourages species diversity. The City maintains a non-exhaustive list of approved Street Tree species for the City of Liberty Lake, Washington. Other trees, with characteristics similar to the above listed trees, and consistent with paragraph C of this section, may be used with prior approval from City staff. Deleted: January 3 DATE TBD River District SAP 08‐0001 Development Regulations– Chapter 3 Page 3‐12 Page 5: [1] Deleted Joe Frank 7/31/2023 8:36:00 AM