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City Planning Commission

Regular Meeting

Liberty Lake, WA · May 8, 2024

AgendaMinutes

Minutes

PLANNING COMMISSION MEETING MINUTES WEDNESDAY, MAY 8, 2024 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Tom Sahlberg, Jim Baumker, Phil Folyer were in person and Joe Mann, DG Garcia, and Dale Robbins were via ZOOM Adjunct Member(s) Present: Gene Heuschel (in person) Staff Present: Lisa Key, Amy Mullerleile, Lance Mueller and Kathy Cummings Call to Order: Meeting was called to order at 4:00 p.m. Roll Call: A quorum of members was present. Absences: A motion to excuse Commissioner Jencks and Commissioner Mullenix was made by Commissioner Heuschel and seconded by Commissioner Baumker. The motion carried unanimously. Review of Agenda & Approval of Minutes: Commissioner Folyer motioned to approve both the agenda for this meeting and the minutes from the April 10, 2024, Planning Commission meeting. The motion was seconded by Commissioner Garcia. The motion carried unanimously. Workshops: Proposed Lighting Code Amendments: Director Key gave a presentation and context to the proposed Lighting Standard Amendments for Recreational Facilities. She provided an overview of what the proposed changes are and what zones will be affected. She reiterated that the Planning Commission can recommend revisions to the proposed amendments to limit or mitigate potential impacts, or to ensure compatibility and consistency with the intent of the Comprehensive Plan and the Development Code. Examples of possible considerations were shared that could address any concerns that the Planning Commission may have. Discussion amongst the Commissioners was had. Scott Wetterling, the Director of Development for Topgolf, was in attendance via Zoom and answered questions. Topgolf agreed to have a lighting expert attend the next workshop and will prepare a presentation to address the Planning Commission’s questions and concerns. All agreed that further discussion will be necessary. Commissioner Baumker requested information on sound intrusion. Director Key will share the City’s noise ordinance with the Planning Commission vis e-mail. Proposed Amendment for Fueling Stations as an Accessory Use: Director Key presented what the current limited use standards are for gas station/convenience store facilities for the commercial zones, including C-1 (Community Commercial), C-2 (Freeway Commercial), and RD-C (River District Commercial) zones within the City. This amendment proposes a new use category, Accessory Fueling Station, that will be permitted as a limited use, when accessory to a permitted principal use within these zones. She discussed the proposed Planning Commission Meeting Minutes Page 1|3 May 8, 2024 limited use standards for this amendment and what types of uses could benefit. She shared some visual images of existing fuel stations within Spokane County. Questions were asked by the Planning Commission and answered accordingly. Director Key stated that the SEPA process could be started, and that this amendment could come to a hearing before the Planning Commission in July. Suspension of Privately-Initiated Comprehensive Plan & Development Code Amendments in the 2025/2026 Comprehensive Plan Update Cycle: Director Key gave an overview of the Development Code and Comprehensive Plan amendment process as provided in the City Development Code. She explained that these amendments can dominate staff resources and the Planning Commission schedule in any given year and given the significant work program that has been set for the upcoming mandatory Comprehensive Plan periodic update and adoption, staff is recommending a moratorium be placed on all privately- initiated Comprehensive Plan and Development Code Amendments for both 2025 and 2026. She further explained that there is a high demand for community engagement with the Comprehensive Plan update, and because these annual comprehensive plan and code amendments also demand public involvement, we would not want to overwhelm the community and lose their participation with the Comprehensive Plan periodic update process. Commissioner Folyer motioned to suspend privately-initiated comprehensive plan and development code amendments in the 2025/2026 comprehensive plan update cycles. The motion was seconded by Commissioner Baumker. The motion passed unanimously. Citizens Comments: None Secretary’s Report: Director Key reported that the new city engineer position has been offered and has been accepted. He will be starting on June 3rd. The Stormwater Master Plan and the 2025-2030 Transportation Improvement Plan will be workshopped with City Council at the council meeting on May 21st. Director Key reported that we are undertaking a subarea transportation plan jointly with the City of Spokane Valley, WSDOT, SRTC and Spokane County regarding the Barker Road corridor. We have received statements of qualifications from four transportation engineers and will be selecting one soon to find solutions to Barker Road, which has the potential to significantly impact development in the west half of our city. On Monday, May 6th, Director Key workshopped the Comprehensive Plan Work Program and the specific elements related to parks and arts with the City’s Parks and Arts Commission. They are very excited about having a consultant come in and lead them through the parks, recreation and open space planning process. The Planning Commission is welcome to participate in the development of this plan, which will be incorporated into the Comprehensive Plan as the parks element of the Comprehensive Plan. A workshop is planned with the Community Engagement Commission on Monday, May 13th, to brainstorm engagement strategies for the comprehensive plan. This will assist in developing a format that will be used for the public participation piece. Director Key would like to schedule a Planning Commission Meeting Minutes Page 2|3 May 8, 2024 joint workshop with the Community Engagement Commission and the Planning Commission once an early draft of the public participation plan has been created. Next Planning Commission meeting is scheduled for June 12th, to include another workshop on the lighting code, and Director Key may have drafted code language for the fueling stations amendment. In closing, the Housing Allocation piece of the Comprehensive Plan will be bumped to a workshop in July as there will be more information available after the beginning of June. Commissioner Report: No reports at this time. Adjournment: Commissioner Folyer motioned to adjourn the meeting, seconded by Commissioner Baumker. The motion carried unanimously. The meeting was adjourned at 5:24 p.m. Planning Commission Meeting Minutes Page 3|3 May 8, 2024

Agenda

PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MAY 8, 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 May 8, 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 April 10, 2024 4. WORKSHOPS: • Proposed Lighting Code Amendments • Proposed Amendment for Fueling Stations as an Accessory Use • Suspension of privately-initiated Comprehensive Plan & Development Code Amendments in the 2025/2026 Comprehensive Plan Update Cycle 5. CITIZEN COMMENTS 6. REPORTS • Secretary’s Report • Planning Commissioner Reports 7. Adjournment Next Meeting: June 12, 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, APRIL 10, 2024 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Joe Mann, Tom Sahlberg, Jim Baumker, DG Garcia (via ZOOM), Charlie Jencks, and Phil Folyer Adjunct Member(s) Present: Gene Heuschel and Troy Mullenix Staff Present: Amy Mullerleile, Lance Mueller and Kathy Cummings Call to Order: Meeting was called to order at 4:00 p.m. Roll Call: A quorum of members was present. Unexcused absence: Dale Robbins Review of Agenda & Approval of Minutes: Commissioner Jencks motioned to approve the agenda, seconded by Commissioner Sahlberg. The motion carried unanimously. Commissioner Jencks motioned to approve the March 13, 2024, Planning Commission meeting minutes, seconded by Commissioner Baumker. The minutes were approved unanimously. Workshops: Spokane Transit Authority Strategic Plan: Brian Jennings, Deputy Director of Community Development for the Spokane Transit Authority (STA), presented an overview of STA’s upcoming 10-year strategic plan called Connect 2035. He provided the phases of Connect 2035 and the goals for each phase. These goals, along with Facilities Master Plan will assist in developing what additional investments, services and capital investments will need to be made. STA proposes to have Final Plan Development by December 2024. Questions regarding the strategic plan development were asked by the Planning Commission and answered accordingly. Proposed Lighting Code Amendments: Scott Wetterling, the Director of Development for Topgolf, gave a presentation and thorough overview of Topgolf, which included the amenities and facility characteristics. Topgolf is interested in locating a venue within the City of Liberty Lake but due to the current outdoor lighting standards within the City’s Development Code and the River District’s Development Code, amendments will need to be made. Topgolf submitted a code amendment application on March 29, 2024. This proposed amendment will impact M-1, M-2, C-1, C-2, I, RD-C and RD-M zones. All agreed that further discussion will be necessary. Commissioner Baumker requested that a zoning map be prepared that delineates the possible locations of impact. Planning Commission Meeting Minutes Page 1|2 April 10, 2024 Citizens Comments: None Secretary’s Report: Senior Planner, Amy Mullerleile, reported updates in Director Key’s absence. The first was letting the Planning Commission know that the city’s new recreation coordinator has reviewed and made changes to the community event application, and it will soon be available online for the public. The second update was that the city has received a proposal from a sign code consultant. Lastly, the Planning Commissioner’s mailboxes have been moved to the front desk of City Hall for easier access. Commissioner Report: No reports at this time. Adjournment: Commissioner Jencks motioned to adjourn the meeting, seconded by Commissioner Folyer. The motion carried unanimously. The meeting was adjourned at 5:40 p.m. Planning Commission Meeting Minutes Page 2|2 April 10, 2024 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

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