City Planning Commission

PLANNING COMMISSION MEETING MINUTES WEDNESDAY, JULY 10, 2024 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Tom Sahlberg, Charlie Jencks, Phil Folyer were physically present and DG Garcia was present via Zoom. Adjunct Member(s) Present: Gene Heuschel, and Troy Mullenix were physically present. Staff Present: Lisa Key, Amy Mullerleile, Lance Mueller and Megan Edwards Call to Order: Meeting was called to order at 4:04 p.m. Roll Call: A quorum of members was present. Absences: Director Lisa Key stated that Commissioner Baumker requested to be excused as he is traveling, and Commissioner Mann requested to be excused as he is ill. She noted that both Commissioner Heuschel and Commissioner Mullenix would be voting in their stead. Review of Agenda & Approval of Minutes: Commissioner Jencks motioned to approve the meeting agenda, seconded by Commissioner Folyer. The motion carried unanimously. Commissioner Jencks motioned to approve the June 12th, 2024, Planning Commission meeting minutes, seconded by Commissioner Heuschel. The motion carried unanimously. Public Hearing: Proposed Lighting Code Amendments: Senior Planner Amy Mullerleile discussed the proposed Lighting Code Amendments, informing the Planning Commissioners and public that although these amendments were brought forward by a private applicant, these proposed changes would affect all participant and spectator sports facilities within the M-1, M-2, C-1, C-2, RD-C and I zones. Nathan Smith, on behalf of the applicant Top Golf, discussed that these proposed changes are lighting amendments and for amendments to the limited uses requirements to accommodate participant and spectator sports facilities like Top Golf, a use that was not previously contemplated at the time the lighting and limited use requirements of the Development Code were amended and adopted. One written public comment was received from resident Jared Von Tobel in favor of the proposal. Comments were added to public record. Commissioner Jencks inquired whether the City had any other requests for lighting standard changes within the City for this particular use. Director Lisa Key stated there were no previously proposed amendments for this particular use, that lighting standards were previously amended so that they were more up to date. These proposed amendments were requested to provide for a use that was not considered previously. Questions and concerns from the Planning Commission were addressed accordingly. Planning Commission Meeting Minutes Page 1|4 July 10th, 2024 Commissioner Sahlberg went through the recommended findings. Commissioner Folyer motioned that the recommended findings were met, seconded by Commissioner Heuschel. The motion carried unanimously. Commissioner Sahlberg went through the following criteria for approval and proposed the following conclusions: • The proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. • The proposed amendment is not warranted by a change in economic, technological and/or land use conditions. • The proposed amendment is not necessary to correct an error. • The proposed amendment is not necessary to clarify meaning or intent. • The proposed amendment is necessary to provide for a proposed use that was not previously addressed. • The proposed amendment is deemed necessary as being in the public interest. Commissioner Folyer motioned that the proposed amendment is not warranted by a change in economic, technological and/or land use conditions, seconded by Commissioner Jencks. Commissioner Heuschel discussed his reasoning as to why he disagrees with the criteria decision in relation to Top Golf specifically. Commissioner Mullenix stated that he would tend to agree with Commissioner Heuschel however these amendments will affect other uses other than Top Golf. Questions and concerns from the Planning Commissioners were addressed accordingly. Commissioner Sahlberg asked for approval that the proposed amendment is not warranted by a change in economic, technological and/or land use conditions. The motion passed 5-1 with Commissioner Heuschel dissenting. Commissioner Folyer motioned that the proposed amendment is deemed necessary as being in the public interest, seconded by Commissioner Mullenix. Commissioner Sahlberg asked for approval. The motion passed unanimously. Commissioner Sahlberg requested a motion that criteria 1, 3, 4, & 5 be approved. Commissioner Folyer motioned to approved, seconded by Commissioner Mullenix. The motion passed unanimously. Commissioner Sahlberg requested a motion that the proposed lighting code amendments be recommended for approval to City Council. Commissioner Heuschel motioned to approve, seconded by Commissioner Garcia. The motion passed unanimously. Proposed Amendment for Fueling Stations as an Accessory Use: Director Lisa Key discussed the proposed amendments for fueling stations as an accessory use to address a use that was not previously considered. Director Key also discussed the relevant comprehensive plan goals and policies in relation to the proposed amendment. Commissioner Mullenix made a point of clarification that these recommended amendments are to affect C-1, C-2, and RD-C zones only. Resident Murray Dick inquired whether these recommended changes were specific towards a Costco. Director Key noted that these proposed changes are not specific to any particular use. Planning Commission Meeting Minutes Page 2|4 July 10th, 2024 Commissioner Sahlberg stated that Costco was not the applicant for these proposed amendments. Director Key noted that there was also an additional written comment provided to the City by Jared Von Tobel in favor of these amendments. Howard Schulien testified that he was not a resident of Liberty Lake, however he made comments in support of the additional fuel stations as they would improve traffic flow, alleviate congestion, and provide for the growing demand. Additionally, Schulien stated that these proposed changes would be consistent with the standards of most other jurisdictions in the area. There was one individual via Zoom stating support for the proposed changes. Commissioner Sahlberg requested a motion to approve the recommended findings. Commissioner Heuschel motioned to approve, seconded by Commissioner Jencks. The motion carried unanimously. Commissioner Sahlberg went through the following criteria for approval and proposed the following conclusions: • The proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. • The proposed amendment is warranted by a change in economic, technological and/or land use conditions. • The proposed amendment is not necessary to correct an error. • The proposed amendment is not necessary to clarify meaning or intent. • The proposed amendment is necessary to provide for a proposed use that was not previously addressed. • The proposed amendment is deemed necessary as being in the public interest. Commissioner Sahlberg requested a motion that criteria for approval be approved. Commissioner Jencks moved to approve, seconded by Commissioner Mullenix. The motion carried unanimously. Commissioner Sahlberg requested a motion that the proposed amendments for fueling stations be recommended for approval to City Council. Commissioner Mullenix motioned to approve, seconded by Commissioner Heuschel. The motion passed unanimously. Secretary’s Report: Director Key noted that the City Staff is currently working on a draft of Public Participation Plan for the Comprehensive Plan Periodic Update. City Staff would like to workshop the draft with the Planning Commission in August and possibly hold a joint meeting with the Community Engagement Commission for this portion of the Comprehensive Plan. Commissioner Report: Commissioner Jencks inquired where the City was on developing the application criteria for Public Events. Director Key stated that Mickael Stevens was hired as the Recreation Coordinator and that he is currently working on the standards with the event individuals and risk managers. Director Key stated that she can ask Mickael if he is interested in meeting with the Planning Commission and provide an update. Planning Commission Meeting Minutes Page 3|4 July 10th, 2024 Adjournment: Commissioner Jencks motioned to adjourn the meeting, seconded by Commissioner Garcia. The motion carried unanimously. The meeting was adjourned at 5:11 p.m. Planning Commission Meeting Minutes Page 4|4 July 10th, 2024