City Planning Commission

PLANNING COMMISSION MEETING AGENDA WEDNESDAY, APRIL 10, 2024 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 April 10, 2024 • Join the Zoom Meeting 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 March 13, 2024 4. WORKSHOPS: • Spokane Transit Authority Strategic Plan – Brian Jennings • Proposed Lighting Code Amendments – Scott Wetterling 5. CITIZEN COMMENTS 6. REPORTS • Secretary’s Report • Planning Commissioner Reports 7. Adjournment Next Meeting: May 8, 2024  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/s/86818958997 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/s/86818958997 Dial In Phone Numbers: • +1 253 215 8782 US (Tacoma) • +1 253 205 0468 US Meeting ID: 868 1895 8997  PLANNING COMMISSION MEETING MINUTES WEDNESDAY, MARCH 13TH, 2024 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Joe Mann, Tom Sahlberg, Jim Baumker, DG Garcia, Charlie Jencks, Phil Folyer, and Dale Robbins Adjunct Member(s) Present: Gene Heuschel and Troy Mullenix Staff Present: Lisa Key, Amy Mullerleile, Lance Mueller and Kathy Cummings Call to Order: Meeting was called to order at 4:35 p.m. due to technical difficulties with Zoom. Roll Call: A quorum of members was present. Director Key introduced the new Associate Planner, Lance Mueller. Lance provided a brief introductory speech on his professional background and previous work experience. 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 February 14, 2024, Planning Commission meeting minutes, seconded by Commissioner Garcia. The minutes were approved unanimously. Workshops: Preliminary Periodic Comprehensive Plan Update Work Program: Director Key presented an overview of the work program she created outlining each of the mandatory elements of the comprehensive plan update, the tasks, the timelines in which these need to be completed and the methodology that will be used. She explained that Spokane County’s process can change the City’s timelines. The overview also included an explanation of the adoption process and the coordinated involvement with other outside agencies. Questions regarding the process were asked by the Planning Commission and answered accordingly. Proposed Amendment for Fueling Stations as an Accessory Use: Commissioner Baumker motioned that this proposed amendment item be moved to the May meeting due to the late start from technical difficulties that occurred at the beginning of the meeting. Commissioner Garcia seconded the motion. The motion carried unanimously. Citizens Comments: None Planning Commission Meeting Minutes Page 1|2 March 13, 2024 Commissioner Heuschel commended Director Key on how well she synthesized the complex work program with the document she created. Director Key thanked him. Secretary’s Report: Director Key will send an invitation to watch the (SCEO) Steering Committee of Elected Officials meeting that is happening on Wednesday, March 20, 2024, and will include the link for the Washington State Department of Commerce website to the Commissioners. At the next Planning Commission meeting, Senior Planner, Amy Mullerleile, will be discussing our population projection, the analysis methodology and a very preliminary analysis on the housing projections for the city. Director Key is on the agenda to present this work program at the April 16, 2024, City Council meeting and would encourage the Commissioners to attend if available. Commissioner Report: Commissioner Mann had recently sat in on an Eastern Washington Planning Seminar and learned about the water bank and aquifer availability within Stevens County. This included information on water resource inventory areas (WRIAs) within Washington state and how all the counties will be required to analyze their water resources. The second portion of this seminar discussed laws that currently affect middle class housing, one of which pertains to parking. One of the upcoming laws will address more on-street parking for middle class housing. He highly recommends going to the WA State Department of Commerce website and signing up to receive emails for the different subjects that planning departments statewide are having to act upon. Adjournment: Commissioner Jencks motioned to adjourn the meeting, seconded by Commissioner Robbins. The motion carried unanimously. The meeting was adjourned at 6:06 p.m. Planning Commission Meeting Minutes Page 2|2 March 13, 2024  COMPREHENSIVE PLAN & DEVELOPMENT CODE AMENDMENT REQUEST Liberty Lake Planning & Building Services 22710 E. Country Vista Drive, Liberty Lake WA 99019 Phone: (509) 755-6707 Fax: (509) 755 6713 Website: www.libertylakewa.gov PLEASE CHECK APPLICABLE AMENDMENT REQUEST (submit 1 application per request) □ COMPREHENSIVE PLAN TEXT AMENDMENT □ COMPREHENSIVE PLAN LAND USE MAP AMENDMENT □ DEVELOPMENT CODE TEXT / ZONING MATRIX AMENDMENT □ ZONING MAP AMENDMENT NOTE: A DEVELOPMENT CODE / ZONING MAP AMENDMENT MAY BE REQUIRED CONCURRENT WITH A COMPREHENSIVE PLAN MAP / TEXT AMENDMENT REQUEST IN ORDER TO KEEP THE DOCUMENTS CONSISTENT. CONSULT PLANNING & BUILDING SERVICES FOR MORE INFORMATION. ADDITIONALLY, A PRE-APPLICATION CONFERENCE IS REQUIRED PRIOR TO SUBMITTAL OF THIS APPLICATION. TO SCHEDULE A PRE-APPLICATION CONFERENCE, PLEASE CONTACT PLANNING & BUILDING SERVICES. Planning is an ongoing process, and improved data or changing circumstances will require amendment to the comprehensive plan or development regulations. Amendments to the comprehensive plan or development regulations can be requested by the City Council, Planning Commission, City Staff, or by any affected citizen on a yearly basis. Yearly review of proposed amendments shall begin in April and should conclude in December. Complete applications for amendments shall be submitted by 4pm on April 1st of each year in order for the amendment to be reviewed that year. Applications for amendments submitted after 4pm on April 1st or incomplete applications shall be reviewed the following year. Refer to City Development Code Section 10-4B-5 (Type IV Projects) for additional information. COMPREHENSIVE PLAN TEXT / LAND USE MAP AMENDMENT: Proposed amendments to the City of Liberty Lake Comprehensive Plan will initially be reviewed by the Planning Commission. A public workshop and a public hearing will be held, and the Planning Commission will make a recommendation of approval or denial to the City Council. The City Council will approve or deny the proposed amendment after an additional public workshop and public hearing. Comprehensive Plan amendments can only be considered once each calendar year; City Staff, the Planning Commission, and the City Council must consider all of the proposed amendments for the year concurrently in order to assess their cumulative impact. A Development Code / Zoning Map Amendment may also be required concurrent with a Comprehensive Plan Map / Text Amendment request in order to keep the documents consistent. DEVELOPMENT CODE / ZONING MAP AMENDMENTS: The annual deadline for submittal of requests for Development Code Amendments is 4pm on April 1st. Proposed amendments to the Development Code, the Zoning Map, and the Zoning Matrix are reviewed once a year during the Comprehensive Plan annual review period in order to keep the documents consistent. 3/6/13 Page 1 of 10 The Planning Commission will review amendment requests and prepare a recommendation of approval or denial to the City Council based on the following criteria. Amendments will only be granted if the City Council determines that the request is consistent with the following criteria. Applicants must address each of the following standards and criteria in a written response that shall be attached to this amendment request application: 1. The amendment will not result in development that will adversely affect the public health, safety, and general welfare. 2. The amendment is based on new information that was not available at the time of adoption of the Comprehensive Plan / Development Code, or that circumstances have changed since the adoption of the Comprehensive Plan / Development Code that warrant an amendment. 3. The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Comprehensive Plan and/or Development Code sections. To address the above criteria, consider and discuss the following questions:  What is the public benefit, necessity and/or convenience that requires this amendment?  What significance will the proposed amendment have to the community?  What effect will the proposed amendment have on other elements of the Comprehensive Plan or Development Code sections?  What effect will the proposed amendment have on public funding? Will approval or denial of the proposed amendment cause public funds to be expended?  Will approval of the proposed amendment require expansion of infrastructure for transportation, utilities and/or other essential public services and facilities?  What effect will the proposed amendment have on related ordinances, regulations, and development standards?  What impact will the proposed amendment have on: a) The health, safety and general welfare of the public; b) The City design and aesthetics; c) Development interests; d) Neighborhoods; e) Environmentally sensitive areas. 3/6/13 Page 2 of 10  APPLICATION - PART 1 ANSWER THE FOLLOWING, AS APPLICABLE (ANSWER N/A IF NOT APPLICABLE TO THIS AMENDMENT REQUEST) APPLICANT 1: Name: Frontera Acquisitions, LLC Contact Person: Jay Schneider Mailing Address: 2850 E Camelback Rd., Suite 180 Phone: 602-524-5495 City/State/Zip: Phoenix, AZ 85016 Fax Number: Signature: E-mail: jay@fronteradevelopment.com APPLICANT 2: Name: ARCO/Murray National Construction Company Co., Inc Contact Person: Jose Pazmino Mailing Address: 3110 Woodcreek Dr. Phone: 331-703-0077 City/State/Zip: Downers Grove, IL 60515 Fax Number: Signature: E-mail: jpazmino@arcomurray.com AGENT/ CONSULTANT/ ATTORNEY: (mandatory if primary contact is different from applicant or property owner) Name: Kutak Rock LLP Contact Person: Nathan G. Smith Mailing Address: 510 W Riverside Avenue, Suite 800 Phone: 509.747.4040 City/State/Zip: Spokane, WA 99201 Fax Number: s/ Nathan G. Smith Signature: E-mail: nathan.smith@kutakrock.com PROPERTY OWNER: Name: Contact Person: Mailing Address: Phone: City/State/Zip: Fax Number: Signature: E-mail: PROPERTY OWNER 2 : (if more than two property owners attach additional info/signature sheets) Name: Contact Person: Mailing Address: Phone: City/State/Zip: Fax Number: Signature: E-mail: The above signed property owners certify that the above information is true and correct to the best of our knowledge and under penalty of perjury, each state that we are all of the legal owners of the property described above and designate the above listed agent/consultant/attorney to act as our agent with respect to this application. 3/6/13 Page 3 of 10 Comprehensive Plan & Development Code Text Amendment - Which goals and policies of the Liberty Lake Comprehensive Plan are you requesting to be amended or added? List the applicable element(s) and text sections for which an amendment is being sought. Please include the element number(s), specific sections of the text and page number(s). Sections 10-3F-2 (D)(1), 10-3F-2 (G), 10-3F-2 (I), & 10-3F-2 (J)(1). In addition, this would also be an amendment to the River District Development Regulations to include the RD-C and RD-M zones. Comprehensive Plan & Development Code Text Amendment - What do you want to change about the Comprehensive Plan / Development Code and why? Discuss the reason or rationale for the proposed text amendment. The amendment is requested to accommodate a unique use that was not an available land development option at the time the lighting requirements of the Development Code was last amended. Specifically, the amendment would allow for the construction and operation of a Topgolf facility in Liberty Lake. Please refer to the amendment narrative provided under a separate cover for additional details. Comprehensive Plan & Development Code Text Amendment - What specific language revisions to the Comprehensive Plan / Development Code text are you requesting? Please refer to redline included herein with proposed language for code amendment. 3/6/13 Page 4 of 10 Comprehensive Plan Land Use Map & Zoning Map Amendments - N/A; Map Amendment not requested Site Address / Location: Parcel Number(s) of Project / Proposal: Legal Description of Project / Proposal: Section Township Range Source of Legal Description: Parcel Size(s): Adjacent Area Owned or Controlled (acres or sq. ft.): Parcel Number(s) of Adjacent Area: Description of Proposal: Current Requested Designation Designation Land Use Map: Zoning Map: Existing Use of Property: Proposed Use of Property: Single Family Dwellings □ Duplexes □ Multifamily Dwellings □ Manufactured Homes □ Commercial □ Industrial □ Mixed Use □ Other □ (describe): Reason or Rationale for the Proposed Amendment / Reclassification: 3/6/13 Page 5 of 10 What Factors Support the Proposal? Consistency with the Comprehensive Plan: Compliance with the Purpose and Intent of the Zoning: School District: Fire District: Sewer Purveyor: Water Purveyor: List Previous Planning Actions Involving Subject Property: Name of Public Road(s) Providing Access: Width of Property Fronting on Public Road: Does the Proposal Have Access to an Arterial or Planned Arterial: □ YES □ NO Name of Arterial Road(s): If You Do Not Hold Title to the Property, What is Your Interest In It? What Impacts Will the Proposed Amendment / Reclassification Have on the Adjacent Properties? What Measures Do You Propose to Mitigate Your Proposal's Impact on Surrounding Land Use? 3/6/13 Page 6 of 10  APPLICATION - PART 2 THE ITEMS BELOW MUST BE SUBMITTED WITH YOUR APPLICATION, AS APPLICABLE: □ APPLICATION FORM & FEES Submit completed application on the attached form with all signature blocks completed and non-refundable application fees and associated environmental fees (contact Planning & Building Services for a copy of the current fee schedule). Acceptance of the application and fees does not guarantee approval of the amendment). □ AGREEMENT TO PAY FEES □ WRITTEN RESPONSE TO STANDARDS & CRITERIA FOR AMENDMENTS (see Page 2 of 10 above) □ ASSESSOR'S SECTION MAPS (MAP AMENDMENTS ONLY) Submit 1 copy of current County Assessor maps showing the subject property outlined in red and adjacent property owned or under option to the owner or sponsor (indicate adjacent property with a red dashed line). Adjacent includes property located across roads and rivers, etc. Assessor maps are available at the County Assessor’s Office and must be current (less than 30 days old) at the time of submittal and stamped by a licensed land surveyor. Platted (1"=200’) and range (1”=400’) parcel maps must be obtained, as you may need both sets, depending on your property location. The maps are used for legal notification of property owners within 400 feet of the boundary of the total contiguous ownership and/or controlled property (shown in red). Label and show in red line the 400 foot boundary from the total contiguous ownership. Note: The property does not have to be surveyed at this time. The map stamped by a licensed land surveyor verifies the written legal description for the proposed zone change is an approximate representation on the map. □ ZONING SECTION MAP (MAP AMENDMENTS ONLY) Submit 1 copy of the official zoning map with the boundary of the proposed zone change(s) indicated in red, with the proposed zoning labeled on the property. The zoning boundary shall be stamped by a licensed land surveyor. Copies of official zoning maps are obtainable from the City of Liberty Lake. (The written legal description(s) on the application form and the zoning boundary(s) shown on the map shall coincide). Note: The property does not have to be surveyed at this time. The map stamped by a licensed land surveyor verifies the written legal description for the proposed zone change is an approximate representation on the zoning map. □ ENVIRONMENTAL CHECKLIST Submittal forthcoming at a later date. □ CERTIFICATE OF WATER & SEWER AVAILABILITY (MAP AMENDMENTS ONLY) Submit 1 copy of a signed certificate of water availability from the water purveyor and 1 copy of a letter from the sewer purveyor discussing how sewer will be provided to the site (size of lines and improvements required to connect) and whether the required improvements are in conformance with the approved sewer comprehensive plan or an amendment to the sewer comprehensive plan is required. □ ZONING PLAN AND / OR SITE PLAN (MAP AMENDMENTS ONLY, IF APPLICABLE) Submit 1 hard copy of the development proposal zoning plan / site plan drawn to scale and 1 .pdf (on CD) indicating the following information in a clear and concise manner: a. Scale of drawing; north arrow; dimensions of the site boundaries and area in square feet or acres; corporation, firm, or individual preparing the site plan – with the date; and a small vicinity map. b. The following data in table form on the site plan: 3/6/13 Page 7 of 10  Existing Zone(s) Proposed Zone(s) Acres or Sq. Ft. Building Information: Percent of Building Coverage (in sq. ft.) Building Use(s) Landscaped Areas (in sq. ft.) Type of Landscaping No. of Parking Spaces Required Percent of Open Space (exclude paved areas) (in sq. ft.) Building Setbacks c. Indicate the following: 1. Indicate right of way width and names of streets adjacent to the site. 2. Existing buildings and other improvements; indicate which ones are to remain, which ones are to be removed. 3. Proposed buildings and dimensions. 4. Height of all buildings, structures, and signs. 5. Access points and driveways. 6. Proposed or existing easements providing access to the site. 7. Interior circulation patterns. 8. Parking areas and spaces. 9. Building setbacks to property lines, and to center line of adjacent private and public roads. 10. Type and location of landscaping, fencing, lighting, and signage. □ REQUIRED PUBLIC NOTICE - Planning & Building Services staff will provide you with the preparation instructions at the Pre-Application Conference □ OTHER EXHIBITS OR APPLICATIONS -Amendment narrative. -Redline with proposed language for code amendment. 3/6/13 Page 8 of 10  APPLICATION - PART 3 SURVEYOR VERIFICATION I, THE UNDERSIGNED, A LICENSED LAND SURVEYOR, HAVE COMPLETED THE INFORMATION REQUESTED. THE MAP / SITE PLAN HAS BEEN PREPARED BY ME OR UNDER MY SUPERVISION IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY OF LIBERTY LAKE ZONING / SUBDIVISION REGULATIONS AND THE LAWS OF THE STATE OF WASHINGTON. PRINTED NAME: _____________________________ PHONE: ____________ ADDRESS: ____________________________ CITY: STATE: ZIP: _______________ SIGNATURE OF SURVEYOR DATE I, THE UNDERSIGNED, SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. I FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE PREVIOUSLY IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER. ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF. PRINTED NAME: Jay Schneider _____________________________ PHONE: ____________ 602-524-5495 ADDRESS: 2850 E Camelback ____________________________ Rd., Suite 180 CITY: Phoenix STATE: AZ ZIP: 85016 _______________ SIGNATURE OF APPLICANT OR REPRESENTATIVE DATE NOTE: APPLICANT NOT AN OWNER WITHIN THE CITY OF LIBERTY LAKE STATE OF WASHINGTON ) ) SS: CITY OF LIBERTY LAKE ) Notary: Signed and sworn to before me this day of , 20 Notary Public in and for the State of Washington Residing at: My Appointment Expires: THIS APPLICATION AND ALL SUPPORTING MATERIAL REQUIRED BY THE CITY MUST BE SUBMITTED AT THE TIME OF APPLICATION IN ORDER FOR THE APPLICATION TO BE COMPLETE. 3/6/13 Page 9 of 10  (PLANNING & BUILDING SERVICES OFFICE USE ONLY) DATE RECEIVED: RECEIVED BY: DATE COMPLETE: FILE NUMBER: TOTAL FEES: RECEIPT NUMBER: AMENDMENT INITIATED BY: Citizen Planning Commission City Council City Staff Other: 3/6/13 Page 10 of 10 Jose Pazmino ARCO/Murray National Construction co, Inc. 3110 Woodcreek Dr. Downers Grove, IL 60515. 3/29/2024 Lisa D. Key Director of Planning & Engineering Liberty Lake Planning & Building Services 22710 E Country Vista Drive Liberty Lake, WA 99019 Proposed Code Amendment for Exterior Lighting Standards of Commercial Outdoor Recreation Uses Dear Lisa, Please find a narrative below to address the standards and criteria outlined in the Development Code Amendment Request Application. I. APPLICANT INFORMATION Frontera Acquisitions, LLC and its affiliates (collectively, “Frontera”) is a prospective purchaser of undeveloped real property located within the City of Liberty Lake. Frontera is a commercial real estate developer and brokerage company that focuses primarily on retail developments. The company is headquartered in Phoenix, Arizona but has a broad geographical presence across the western United States. Frontera works with landowners and Cities on annexations, rezoning, and entitlements in the course of its commercial development transactions, and often works with local engineers, zoning attorneys and facilitators to complete developments. II. NARRATIVE AMENDMENT STANDARDS AND CRITERIA RESPONSES The Planning Commission will review amendment requests and prepare a recommendation of approval or denial to the City Council based on the following criteria. Amendments will only be granted if the City Council determines that the request is consistent with the following criteria. Applicants must address each of the following standards and criteria in a written response that shall be attached to this amendment request application: 1. The amendment will not result in development that will adversely affect the public health, safety, and general welfare. The amendment is designed to minimize potential off-site lighting impacts and to enhance commercial development in accordance with the City’s Comprehensive Plan. 2. The amendment is based on new information that was not available at the time of adoption of the Comprehensive Plan / Development Code, or that circumstances have changed since the adoption of the Comprehensive Plan / Development Code that warrant an amendment. OFFICE FAX WWW.ARCOMURRAY.COM  The amendment is requested to accommodate a unique use that was not an available land development option at the time the lighting requirements of the Development Code were last amended. Specifically, the amendment would allow for the construction and operation of a Topgolf facility in Liberty Lake. Since Topgolf designed and built the first prototype in 2011, Topgolf has grown to nearly 100 units across the globe. Over this most recent 13-year period, Topgolf has developed new prototypes to serve major and medium markets. Presently, Topgolf has over 20 of its 100 units in many medium sized markets which are of similar size to Spokane-Coeur d'Alene MSA such as Albuquerque NM, Omaha NE, Boise ID, Knoxville TN, and Charleston SC. 3. The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Comprehensive Plan and/or Development Code sections. The City adopted Urban Design Policy 14 to protect its night sky. The amendment is intended to adhere to the purpose of the City’s Comprehensive Plan by encouraging lighting restrictions that preserve the value of the City’s night sky. The modifications to Section 10- 3F-2 of the City’s Development Code are designed to curtail the degradation of the nighttime visual environment and control skyglow, glare and light trespass, while still promoting commercial development in furtherance of the City’s Comprehensive Plan. These modifications are designed to ensure that there remains land use compatibility between various zoning classifications and property owners. The amendment would accommodate the development of a Topgolf facility in the City which would support one of the City’s chief goals of enhancing quality of life among the community by promoting recreational opportunities, as stated in the Vision Statement of the City’s Comprehensive Plan. A commercial outdoor recreation facility operating year-round would be an ideal combination of commercial and recreational use, which is a planning principal for economic development in the City’s Comprehensive Plan. The facility would not only provide a commercial entertainment development within the City that is designed to draw customers to the City from outlying areas along the I-90 corridor, but it would also align with the City’s existing open space and recreational uses which emphasize outdoor activities and the scenery surrounding Liberty Lake. The golf courses currently located in and operated by the City would be enhanced by a commercial outdoor recreation facility located in the City. The facility would likely draw new golfers which would likely increase existing use of the golf courses operated by the City. The City’s Comprehensive Plan also acknowledges that recreational and scenic opportunities around Liberty Lake make tourism an excellent source for employment, as the City has or is within easy driving distance to outdoor activities for visitors such as lakes, golf, scenic mountains and trail systems. A commercial outdoor recreation facility would provide yet another outdoor activity drawing visitors to the City. It would provide visitors with year-round accessibility to an outdoor golf facility, which is not currently available in the City. Furthermore, the amendment will only apply to outdoor recreational facilities associated with a commercial use in limited zones, which generally are only economically feasible with respect to relatively large commercial developments, such as a commercial outdoor recreation facility, located on large parcels of real estate. Given the scarcity of large parcels PAGE 2 OFFICE WWW.ARCOMURRAY.COM  of undeveloped real estate available in the City, it is highly unlikely that the amendment would even apply to enough commercial outdoor recreational facilities associated with a commercial use to cause any degradation of the dark sky of the City. A Topgolf venue in the Spokane-Coeur d'Alene MSA may generate:  a $25MM+ construction project  $20-$24MM in tax revenue (sales and property taxes)  +/- 150 jobs created during construction  +/- 250 jobs at the Topgolf venue at a competitive wage and offering significant benefits (healthcare and 401K plans)  +/- $14-17M projected annual sales venue projection  +/- 250,000 visitors estimated annually Topgolf also delivers a commitment to the communities they operate in. Topgolf’s Driving for Good defines its global giving, responsible business practices, and supporting local communities through charitable events, donations and volunteering. A key element of the Topgolf Driving for Good platform is “Youth Play It Forward” – a program which offers free bay usage to area golf teams and youth organizations. The successful openings of Topgolf venues in the Pacific NW region (Hillsboro, OR and Renton, WA) provided Topgolf with the confidence to expand its reach in the Pacific NW. The Pacific NW area’s enjoyment of the outdoors and celebration of sport are big factors behind Topgolf interest to Liberty Lake. Liberty Lake is an excellent midpoint to draw in the entire Spokane-Coeur d'Alene MSA. Topgolf’s proposed venue in Liberty Lake will have over 70 climatized bays for year-round enjoyment. With the concentration of golf in the Liberty Lake area, Topgolf will bolster Liberty Lake as the place to not only enjoy golf, but to introduce and learn the game of golf. This is supported by studies performed by the National Golf Federation which credits Topgolf with growing the game of golf by introducing golf in a fun and casual environment. Below is a breakdown of visitors to Topgolf locations:  8% are avid green grass golfers  14% are moderate green grass golfers  27% are occasional green grass golfers  51% are non-golfers To address the above criteria, consider and discuss the following questions:  What is the public benefit, necessity and/or convenience that requires this amendment? See response to question #3 above. PAGE 3 OFFICE WWW.ARCOMURRAY.COM   What significance will the proposed amendment have to the community? See response to question #3 above.  What effect will the proposed amendment have on other elements of the Comprehensive Plan or Development Code sections? The amendment will be limited to commercial outdoor recreational facilities. The amendment will implement Urban Design Policy 14 of the City’s Comprehensive Plan.  What effect will the proposed amendment have on public funding? Will approval or denial of the proposed amendment cause public funds to be expended? None.  Will approval of the proposed amendment require expansion of infrastructure for transportation, utilities and/or other essential public services and facilities? Strictly with respect to the amendment, no expansion of infrastructure for transportation, utilities and/or other essential public services and facilities will be required. The amendment is a threshold matter that would first need to be adopted before any possible infrastructure expansions can occur. Only with the amendment already in place will a development proceed to the stage of permitting and development review by the City, at which time the City would analyze any possible expansion of infrastructure for transportation, utilities and/or other essential public services and facilities.  What effect will the proposed amendment have on related ordinances, regulations, and development standards? The amendment will be limited to outdoor recreational facilities associated with a commercial use. It will be limited to a modification to Section 10-3F-2.  What impact will the proposed amendment have on: a) The health, safety and general welfare of the public See response to question #1 above. a) The City design and aesthetics The amendment will provide an exception that will create lighting only for outdoor recreational facilities associated with a commercial use, which such lighting will be no brighter than the existing Ridgeline High School athletic stadium. Specific to the Topgolf facility, Qualite (the lighting fixture manufacturer) conducted a study and determined the following:  The Topgolf facility would emit 7.8% of the light that Ridgeline High School is emitting.  The Topgolf facility would consume 7.8% of the energy that Ridgeline High School is consuming. PAGE 4 OFFICE WWW.ARCOMURRAY.COM   The Topgolf facility will control spill light at a 0.1 footcandle intensity better than Ridgeline High School by 130 feet.  Please see below for a comparison table between Topgolf and the previously approved Ridgeline High School athletic stadium. Ridgeline High Topgolf Facility School No. of Fixtures 15 77 Individual Fixture Wattage 520 W 1,300 W Total System Wattage 7.8 kW 100.1 kW Individual Fixture Lumen 48,0000 120,000 Output Total System Lumen 720,000 9,240,000 Output 0.1 Footcandle Max. 385 feet 515 feet Distance from Lighted Area Underside of Mounted on Steel Fixture Location Canopy; Max Poles; Max Height Height of 27 feet. of 90 feet Qualite Qualite Fixture Type GameChanger LED GameChanger LED b) Development interests See response to question #3 above. c) Neighborhoods None. d) Environmentally sensitive areas None. PAGE 5 OFFICE WWW.ARCOMURRAY.COM If you should have any questions or comments regarding this application, please do not hesitate to contact me. Thank you for your consideration. Sincerely, Jose Pazmino Project Developer jpazmino@arcomurray.com PAGE 6 OFFICE WWW.ARCOMURRAY.COM 10-3F-2 Lighting A. Purpose. The purpose of this Section is to provide regulations that preserve and enhance the view of the dark sky; promote health, safety, security, and productivity; and help protect natural resources. The provisions of this Section are intended to control skyglow, glare and light trespass. It is the intent of this Section to provide standards for appropriate lighting practices and systems that will enable people to see essential detail in order that they may undertake their activities at night, facilitate safety and security of persons and property, and curtail the degradation of the nighttime visual environment. B. Applicability. 1. All outdoor lighting fixtures installed on private and public property shall comply with this Section. This Section does not apply to interior lighting; provided, that if it is determined by the Zoning Administrator that any interior lighting emitting light outside of the building or structure in which it is located creates a light trespass, the interior lighting shall be subject to the requirements of this Section. Lighting shall also comply with the Non- Residential Energy Code (NREC), as applicable. 2. In the event of a conflict between the requirements of this Section and any other requirement of the City of Liberty Lake Municipal Code the more specific requirement shall apply. 3. Exterior lighting plans, photometric calculations and photometry plan as noted and fixture specification sheets (cut sheets) must be supplied to the City to review for compliance with this Section. C. Exemptions. The following are exempt from the provisions of this Section provided that they have no glare or other detrimental effects on adjoining streets or property owners: 1. Traffic control signals and devices; 2. Temporary emergency lighting (i.e., fire, police, repair workers) or warning lights; 3. Moving vehicle lights; 4. Navigation lights (i.e., radio/television towers, docks, piers, buoys) or any other lights where state or federal statute or other provision of the City of Liberty Lake Municipal Code requires lighting that cannot comply with this Section. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or federal statute; 5. Outdoor lighting approved by the Zoning Administrator for temporary or periodic events (e.g., fairs, nighttime construction); 6. Internally illuminated signs and searchlights permitted under the City Signage Standards (Article 10-3E); 7. Private swimming pools; 8. Seasonal holiday decorations; 9. Window displays; 10. Pedestrian walkway lighting; 11. Residential lighting (excluding luminaires for the sidewalks and roadways); 12. Streetlights shall be designed and installed per Section 10-3G-2, subsection W of this Code; 13. Low light output (under 750 delivered lumens) decorative luminaires; and 14. Accent lighting on the municipal, state, or national flags that is properly shielded to limit direct glare. D. General Standards. The following general standards shall apply to all nonexempt outdoor lighting fixtures and accent lighting: 4873-3317-1122.34873-3317-1122.4  1. All outdoor lighting fixtures and accent lighting shall be designed, installed, located and maintained such that there is no light trespass onto adjacent properties under separate ownership unless the adjacent property owner grants an easement to extend the area of light trespass onto the adjacent property, provided that such easement is perpetual in duration and recorded with the Spokane County Auditor; 2. Outdoor lighting fixtures and accent lighting must be shielded and aimed downward (except as noted). The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, with no escaping direct light permitted to contribute to light pollution by shining upward into the sky; 3. Outdoor lighting fixtures and accent lighting shall not directly illuminate public waterways such as the Spokane River, unless it is a navigational light subject to state or federal regulations; 4. Accent/architectural lighting shall be directed onto the illuminated object or area and not toward the sky or onto adjacent properties under separate ownership. Colored lighting is allowed for accent as long as it meets this standard. All accent lighting must be included in trespass calculations noted. Uplight accent lighting is allowed as long as it does not exceed 750 delivered lumens; 5. Spotlighting on landscaping and foliage may be directed upward and shall be limited to luminaires with no more than 750 delivered lumens and comply with other standards in this section. 6. Accent lighting on statues/monuments shall be limited to luminaires with no more than 750 delivered lumens and comply with other standards in this section; and 7. Accent lighting on flags (except as noted above) shall be limited to luminaires with no more than 750 delivered lumens and comply with other standards in this section. E. Prohibited. 1. The following fixtures (luminaires) are prohibited: a. searchlights for any other purpose other than temporary emergency lighting or as allowed under the City Signage Standards (Article 10-3E); b. laser lights or any similar high-intensity light for outdoor use or entertainment; 2. The city reserves the right to further restrict outdoor lighting including, but not limited to, pole height and level of illumination, when it is deemed to be in the best public interest consistent with the purpose of this Section. F. Temporary Outdoor Lighting. Any temporary outdoor lighting that conforms to the requirements of this code shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the zoning administrator for a limited duration, provided that the applicant can demonstrate that such temporary lighting is in the public interest, and any potential annoyance or safety concerns that may result from the non-conforming temporary outdoor lighting can be mitigated through conditions of approval. G. Recreational Facilities. Any light source permitted by this code may be used for lighting of outdoor recreational facilities (public or private). Including, including but not limited to football fields, soccer fields, baseball fields, tennis courts, or show areas, provided all of the following conditions are met: 1. All fixtures used for event lighting shall be fully shielded or provided with sharp cut-off capability, so as to minimize up-light, spill-light and glare. 2. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstance shall any illumination of the playing field, 4873-3317-1122.34873-3317-1122.4  court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m., and circumstances prevented its conclusion before 11:00 p.m. Commercial uses in the M1, M2, M3, C1, C2, and I zones that have an outdoor recreational facility shall not be subject to the time restrictions on illumination set forth in this Section. 3. Commercial uses in the M1, M2, M3, C1, C2, and I zones that have an outdoor recreational facility may use light fixtures that have a rating of G5 or less under the BUG rating system. H. Lamp or Fixture Substitution. Should any light fixture regulated under this Section, or the type of light source therein, be changed after the permit has been issued, a change request must be submitted to the Zoning Administrator for his/her approval, together with adequate information to assure compliance with this code, which must be received prior to substitution. I. Administration. Outdoor lighting plans shall be reviewed by the Department. Approval of the plan shall be based on conformance with this Section. The Zoning Administrator has the discretion to require the re-direction of existing light fixtures when it is determined that the fixture is creating off-site glare not permitted by the approved lighting plan. J. Plan Review. Lighting plans shall address the following criteria: 1. Backlight and light trespass to adjacent properties. Applicant must provide a site plan with photometric calculations at the property line. The maintained foot-candle levels can be no more 0.1 at the property line and 0.0 10’ beyond the property line, unless permitted under Section 10-3F-2(D)(1). 2. Uplight and skyglow. Using the Backlight, Uplight, and Glare (BUG) rating system, applicants must provide the luminaire specification sheets for all exterior fixtures showing no higher than a U0 for up-light. Exception: Luminaires with higher than U0 can be used if they are installed on the underside of an opaque surface that blocks all up-light (i.e. Soffits and canopies). 3. Glare and luminaire brightness. Using the BUG system rating system, applicants must provide luminaire specification sheets for all exterior fixtures showing no higher than a G1 in residential zones R1, R2, and R3; no higher than G2 in Mixed-Use zones M1, M2, and M3 as well as Public zones P; and G3 in Commercial and Industrial Zones C1, C2, and I. Open zones, O, shall not have luminaires with higher than G0 rating. 4873-3317-1122.34873-3317-1122.4  Summary report: Litera Compare for Word 11.4.0.111 Document comparison done on 3/29/2024 12:38:50 PM Style name: Default Style Intelligent Table Comparison: Active Original DMS: nd://4873-3317-1122/3/Frontera - Development Code - Revisions.docx Modified DMS: nd://4873-3317-1122/4/Frontera - Development Code - Revisions.docx Changes: Add 9 Delete 3 Move From 0 Move To 0 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 12