City Planning Commission

PLANNING COMMISSION MEETING AGENDA WEDNESDAY, JANUARY 8, 2025 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 January 8, 2025 • Join the Zoom Meeting Questions or Need Assistance? Please contact Jasmine Roper at kcummings@libertylakewa.gov . 1. Call to Order – 4:00 pm 2. Roll Call 3. Pledge of Allegiance 4. GENERAL BUSINESS • Review of Agenda • Approval of Minutes from December 11, 2024 • Ratification of Findings, Conclusions & Recommendation for Emergency Housing Amendment 5. WORKSHOPS: • Population & Housing – Land Capacity Analysis • Update & Schedule on Climate Resiliency 6. CITIZEN COMMENTS 7. REPORTS • Secretary’s Report o Updated Comp Meeting Calendar o Status of Parks Plan RFP & Network Analysis Task Orders • Planning Commissioner Reports 8. Adjournment Next Meeting: January 22, 2025  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 jroper@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, DECEMBER 11, 2024 HELD VIA ZOOM & IN PERSON AT CITY HALL Planning Commission Members Present: Joe Mann, Tom Sahlberg, Jim Baumker, Dale Robbins, DG Garcia, and Phil Folyer were in person. Adjunct Member(s) Present: Gene Heuschel and Troy Mullenix Staff Present: Lisa Key, Amy Mullerleile, Lance Mueller Call to Order: Meeting was called to order at 4:01 p.m. Commissioner Mann requested everyone to stand for the Pledge of Allegiance. Roll Call: A quorum of members was present. Absences: A motion to excuse Commissioner Jenks was made by Commissioner Sahlberg and seconded by Commissioner Heuschel. The motion carried unanimously. Review of Agenda & Approval of Minutes: Commissioner Folyer motioned to approve the meeting agenda, seconded by Commissioner Garcia. The motion was approved. Commissioner Folyer motioned to approve the October 9th meeting minutes, seconded by Commissioner Heuschel. The motion carried unanimously. Public Hearing: Emergency Housing Amendment: Director Key gave a short presentation on the RCW changes to emergency housing, as well as a review of existing emergency housing in Liberty Lake. A review of the proposed redlines to city development code was also presented. The findings and criteria for approval were presented to the Commission. A pause was given to allow for public testimony. No public testimony was provided. Deliberations were had and Commissioner Folyer made the following motions with a second by Commissioner Robbins: • 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 land use conditions. • The proposed amendment is not necessary to correct an error. • The proposed amendment is necessary to clarify meaning or intent. • The proposed amendment is necessary to provide for a proposed use that was not previously addressed. • The proposed amendment is deemed necessary as being in the public interest. Commissioner Folyer made the following motion: In the matter of proposed amendments to the City of Liberty Lake Development Code and River District Development Regulations regarding limited use standards for Emergency Shelters (as detailed in Exhibit A of this Staff Report), the City of Liberty Lake Planning Commission recommends to City Council that the amendment be APPROVED. Planning Commission Meeting Minutes Page 1|2 December 11, 2024 That motion was seconded by Commissioner Robbins. All motions were passed unanimously. Workshops: Sign Code Update: The firm contracted to complete the sign code update is Berk Consulting. Oneza from Berk presented on the process that will be followed for updating the code. Berk is utilizing Daniel Kenny, an attorney from Ogden, Murphy, Wallace, to review the legal aspects of the code update. Daniel gave a brief presentation regarding the legal reasons for the sign code update and answered various sign code related questions from the commissioners. Citizens Comments: Mr. Phil Champlin, Executive Director of the HUB Sports Center provided a comment that the HUB had previous difficulty with trying to install wayfinding signage, due to the current sign code. The HUB also has issues being able to install signage that recognized sponsors. The current sign code is prohibitive, and the HUB would like to be a stakeholder as part of the sign code update. Secretary’s Report: Director Key noted the comprehensive plan meeting schedule was updated. The work program was also updated. The technical memo for the Land Capacity Analysis is currently being completed. The County and municipalities within the County are lobbying the state legislature for a six-month extension to the comprehensive plan update deadline, but will still plan to complete for the existing deadline, but this will build in a buffer in case something comes up during the update process. Commissioner Reports: The question was asked of Director Key whether the results of Initiative- 2066 would affect the climate section of the comprehensive plan. Director Key replied that it appeared to be more of a building code issue than a comprehensive plan issue. Adjournment: Commissioner Folyer motioned to adjourn the meeting, seconded by Commissioner Garcia. The motion carried unanimously. The meeting was adjourned at 5:07 p.m. Planning Commission Meeting Minutes Page 2|2 December 11, 2024  PLANNING COMMISSION FINDINGS, CONCLUSIONS & RECOMMENDATION IN THE MATTER OF PROPOSED AMENDMENTS TO THE CITY OF LIBERTY LAKE DEVELOPMENT CODE AND THE RIVER DISTRICT DEVELOPMENT REGULATIONS REGARDING LIMITED USE STANDARDS FOR EMERGENCY SHELTERS HEARING DATE: December 11, 2024 @ 4:00 p.m. PROPOSAL COORDINATOR: Lisa D. Key, Director of Planning & Engineering Services PROPOSAL SUMMARY: Location Citywide Amendments to City of Liberty Lake Development Code & River District Development Regulations to allow for Emergency Shelters, Transitional & Proposal Supportive Housing, consistent with the requirements of SHB 1220; and Information changing the definition of Adult Family consistent with SHB 1023, both passed into law in the 2021 Washington State Legislative Session City Development Code §10-2E-3(18): Limited Uses in the M-1 Zone City Development Code §10-2F-3(24): Limited Uses in the M-2 Zone City Development Code §10-2G-3 (23): Limited Uses in the M-3 Zone Code Section City Development Code §10-2H-3(15): Limited Uses in the C-1 Zone City Development Code §10-2I-3(13): Limited Uses in the C-2 Zone River District Development Regs. §10-2E-3(13): Limited Uses in the RD-M Zone River District Development Regs. §10-2I-3(10): Limited Uses in the RD-C Zone Proposed See Exhibit A. Amendments CITY OF LIBERTY LAKE REGULATORY FRAMEWORK & PROCEDURAL REQUIREMENTS: City Code §10-4B-5: Type IV Projects: Development Code Amendments are classified as Type IV Projects in the City of Liberty Lake Development Code and are considered legislative decisions. The procedural requirements and 1 Planning Commission Recommendation to City Council Proposed Amendments to Limited Use Standards for Emergency Housing  decision criteria are detailed in City Development Code §10-4B-5. STATE OF WASHINGTON REGULATORY FRAMEWORK, AUTHORITY & REQUIREMENTS: RCW 35A.21 Provisions Affecting Code Cities In the 2021 Legislative Session, SHB 1022 amended RCW 35A.21 to add a new section requiring that, effective September 30, 2021, cities shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Further, indoor emergency shelters and indoor emergency housing shall not be prohibited in any zone where hotels are allowed. RCW 35A.21.314 Not Limiting Number of Unrelated Persons Occupying a Dwelling Unit Except for occupant limits on group living arrangements regulated under state law or on short- term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code or city ordinance, a city or town may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit. RCW 35A.21.430 Transitional Housing, Permanent Supportive Housing, Indoor Emergency Housing and Indoor Emergency Shelters Effective September 30, 2021, a code city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one-mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each code city's projected need for such housing and shelter. RCW 36.70A Growth Management Act (GMA): Liberty Lake is mandated to plan under GMA. The City’s Comprehensive Plan and Development Regulations were developed in accordance with the requirements of GMA. Development Regulations are required to implement the City’s Comprehensive Plan, and any amendments to City Development Code must be consistent with the City’s adopted Comprehensive Plan. The City must provide reasonable public notice of proposed amendments and opportunities for public participation. 2 Planning Commission Recommendation to City Council Proposed Amendments to Limited Use Standards for Emergency Housing  RCW 36.70A.070(2) Mandatory Housing Elements Requires local governments to identify sufficient land for housing of all income levels, as well as permanent supportive housing, transitional housing, and emergency housing and shelters. WAC 365-196: Growth Management -- Procedural Criteria for Adopting Comprehensive Plans and Development Regulations Development code amendments must comply with procedures established in WAC 365-196, including rules regarding internal consistency, interjurisdictional coordination, public participation requirements, and notification to the Department of Commerce of “intent to adopt” proposed code amendments at least 60 days prior to final adoption. WAC 197-11: State Environmental Policy Act (SEPA) Rules: Development code amendments are subject to SEPA review as a non-project action, in accordance with procedures established in WAC 197-11. SEPA REVIEW: A SEPA Checklist was completed for the proposed amendments to limited use standards for emergency housing and shelters contained in the City of Liberty Lake Development Code and the River District Development Regulations. The City of Liberty Lake Planning & Engineering Services determined that the proposal, as a non-project review, would have no significant adverse environmental impacts and issued a Determination of Non-Significance (DNS) and Adoption of Existing Environmental Document on November 19, 2024. The City adopted the Spokane County Final Supplemental Environmental Impact Statement for the Spokane County Comprehensive Plan that was prepared on November 22, 2000 and was previously adopted for the original City of Liberty Lake Comprehensive Plan and Development Code, as well as the Final Environmental Impact Statement for the City of Liberty Lake Urban Growth Area Boundary Alternatives that was prepared on December 13, 2006. The Notice of Availability, SEPA Checklist and Threshold Determination, and Amendment Document were routed to agencies on November 18, 2024 and a Notice of Availability was published in the November 22, 2024, edition of the Valley News Herald. On November 20, 2024, the Notice of Availability, Notice of Hearing, SEPA Checklist and Threshold Determination, and proposed amendments were also posted on the City website, and the notice and a link to the City website was emailed to the public notice group. Comments on the SEPA Checklist and Threshold Determination are due by 4 p.m., on December 3, 2024. At the date of this writing, two comments were received. PROCEDURAL INFORMATION: November 13, 2024 Planning Commission Workshop: Agenda & packet published on City website & distributed to City’s “Notify Me” e-mail distribution list. November 20, 2024 SEPA Notice of Availability/ Planning Commission Public Hearing Notice: NOA packet with SEPA checklist and DNS e-mailed to involved agencies, adjacent jurisdictions, “Notify Me” e-mail distribution list & posted on 3 Planning Commission Recommendation to City Council Proposed Amendments to Limited Use Standards for Emergency Housing  website. November 22, 2024 SEPA Notice of Availability/Planning Commission Public Hearing Notice: Published in Valley News Herald. November 26, 2024, WS Commerce Department Review: Amendments were submitted to Commerce Department for the required 60-day review. December 3, 2024 SEPA Comment Period Ends December 11, 2024 Planning Commission Hearing & Recommendation: Agenda & staff report published on City website & distributed to City’s “Notify Me” e-mail distribution list on December 4, 2024. December 17, 2024 (tentative) City Council Workshop January 21, 2025 (tentative) City Council Public Hearing February 4, 2025 (tentative) City Council 1st Reading of Ordinance February 18, 2025 (tentative) City Council 2nd Reading of Ordinance & Adoption AGENCY REVIEW: SEPA Distribution List & Adjacent Jurisdictions: Liberty Lake Police Department; Avista; Century Link; Comcast; Central Valley School District; City of Spokane Valley; CDA Tribe; Spokane Regional Clean Air Agency; Spokane Valley Fire District; Spokane Transit Authority; Spokane Regional Health District; Spokane Tribe; WS Department of Ecology; WS Department of Fish & Wildlife; WS Department of Natural Resources; WS Department of Transportation; Spokane Regional Transportation Council; Liberty Lake Water & Sewer District; Consolidated Irrigation District; Spokane County Utilities; Spokane County Planning; WS Department of Commerce. Agencies Commenting Notification Comment Summary Spokane Tribe of Indians SEPA Notice of Availability No concern regarding code change; however, the Tribe requests a consultation in the event of any ground disturbing activities arising from these changes in Code. Spokane County Public SEPA Notice of Availability No Comment. Works Wastewater Division 4 Planning Commission Recommendation to City Council Proposed Amendments to Limited Use Standards for Emergency Housing PUBLIC COMMENTS (WRITTEN): Name & Address Comment Summary N/A No comments received. RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES: Governance Goal 1: Actively involve residents, businesses, and property owners in the governance of the City. Governance Policy 1: The City shall use the website, email, social media, newsletters, local newspapers, special announcements and other techniques to keep the community well-informed. Housing Goal 2: Encourage the availability of affordable housing to all economic segments, promote a variety of densities and housing types, and encourage the preservation of existing housing stock. Human Services Goal 2: Support and facilitate programs which provide for the City resident's basic human needs including food, clothing, shelter, primary health care, and protection from abuse and neglect. Land Use Policy 2: Provide for a compatible mix of housing and commercial uses in all commercial districts, neighborhood centers, community centers, and the Central Business District. Housing Policy 2: Periodically assess the effects of policies and regulations on the affordability of housing, fair housing choice, and examine the need to reduce regulatory barriers. Housing Policy 7: Periodically review and update provisions that allow for a continuum of housing and care opportunities for special-needs populations. STAFF ANALYSIS: In the 2021 Washington State Legislature enacted SHB 1220, which included requirements regarding Emergency Shelters, Transitional and Supportive Housing. Specifically, SHB 1220 amended RCW 35.21.683 to require that, effective September 30, 2021, cities shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed, and further, that, indoor emergency shelters and indoor emergency housing shall not be prohibited in any zone where hotels are allowed. At that time, the guidance provided by Commerce indicated that reasonable occupancy, spacing, and intensity of use requirements could be imposed by ordinance for emergency housing and shelters to protect public health and safety. “Occupancy” generally refers to a maximum number of occupants in a structure or facility, at least in a zoning context. “Spacing” is generally applied within a zoning code to limit how close one designated use may be to another use of the same type. 5 Planning Commission Recommendation to City Council Proposed Amendments to Limited Use Standards for Emergency Housing In 2021, the City of Liberty Lake adopted Ordinance No. 280, which amended the City’s Development Code and River District Regulations to allow for emergency shelters, transitional and supportive housing as limited uses within the City, provided they met certain standards. Among the standards for emergency shelters were spacing requirements, where emergency shelters were allowed in all mixed use and commercial zones within the City provided they met certain limited use standards including a requirement that the facility be located within ¼ mile of a fixed transit route, that the facility must be located a distance of at least ¾ of a mile from any other stand alone emergency shelter or transitional or supportive housing, and they must be limited to a maximum capacity of 75 people. Legislative changes made to RCW 35A.21.314 in recent years specifically limit a jurisdiction’s ability to limit occupancy in housing except as based upon applicable building code limitations establishing occupancy per square foot to address life-safety requirements. Further, Washington State Department of Commerce Guidance states that jurisdictions must do a quantitative Land Capacity Analysis (LCA) for emergency housing needs unless they can provide supporting documentation demonstrating that: • The jurisdiction has one or more zones that allow hotels, all of which allow for emergency housing by right; and, • The jurisdiction has no regulations that limit the occupancy, spacing, or intensity of emergency housing. Based upon the preliminary housing allocation currently on the table for Liberty Lake, and the current spacing and occupancy restrictions for emergency housing contained in Liberty Lake’s development regulations, it appears on the face of it that Liberty Lake will be unable to demonstrate sufficient capacity for projected emergency housing needs. The proposed amendments to the development code will address this compliance challenge. FINDINGS: The Planning Commission made the following findings: 1. The required SEPA review has been completed on the proposed amendment. 2. All public and agency notice requirements were met and accomplished in a timely manner. 3. The public was provided the opportunity for early and continuous participation. 4. The public had the opportunity to submit written comments and testify at a public hearing before the Planning Commission. CRITERIA FOR APPROVAL: The criteria for approval of a code amendment are established in City Code §10-4B-5(A), which states: 6 Planning Commission Recommendation to City Council Proposed Amendments to Limited Use Standards for Emergency Housing  Criteria for Amendment: The City may amend development regulations when it finds that any of the following applies: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification; 3. It is found that an amendment is necessary to correct an error; 4. It is found that an amendment is necessary to clarify meaning or intent; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed; or 6. Those amendments as deemed necessary by the City Council as being in the public interest. CONCLUSIONS: The Planning Commission made the following conclusions regarding this amendment: 1. The proposed amendment IS consistent with the Comprehensive Plan and IS NOT detrimental to the public welfare. 2. The proposed amendment IS NOT warranted by a change in economic, technological and/or land use conditions. 3. The proposed amendment IS NOT necessary to correct an error. 4. The proposed amendment IS necessary to clarify meaning or intent. 5. The proposed amendment IS necessary to provide for a proposed use that was not previously addressed. 6. The proposed amendment IS deemed necessary as being in the public interest. RECOMMENDATION: In the matter of proposed amendments to the City of Liberty Lake Development Code and River District Development Regulations regarding limited use standards for Emergency Shelters (as detailed in Exhibit A of this Staff Report), the City of Liberty Lake Planning Commission recommends to City Council that the amendment be APPROVED. 1 1 The Planning Commission recommendation was unanimous. 7 Planning Commission Recommendation to City Council Proposed Amendments to Limited Use Standards for Emergency Housing  PLANNING COMMISSION TENTATIVE COMP PLAN MEETING SCHEDULE June 11, 2025 January 8, 2025 • Review of GHG Goals & Policies • Population & Housing Workshop -LCA • Review Urban Design Revisions • Update & Schedule on Climate Element June 25, 2025 January 22, 2025 • Review of GHG Goals & Policies (if • LCA Review (if needed) needed) • Update & Schedule on Housing Element • Review of Resiliency Goals & Policies • Critical Area Review July 9, 2025 February 12, 2025 • Sign Code Public Hearing • Critical Area Review (if needed) • Utilities & Essential Public Facilities – • Housing Policy Workshop Redlines & Policies • Update & Schedule on Elements: July 23, 2025 o Parks, Recreation & Open Space • Utilities & Essential Public Facilities - Plan Workshop re Utilities o City Master Facilities Plan • Review Cultural & Historic Revisions o Engagement Opportunities August 13, 2025 February 26, 2025 • Utilities & Essential Public Facilities - • Sign Code Workshop with PC & CEC Workshop re Public Safety • Housing Policy Workshop (if needed) August 27, 2025 March 12, 2025 • Review Cultural & Historic Revisions • Econ Development – Redlines & Policies September 10, 2025 • Network analysis -Scope & Timeline • Network Analysis Workshop March 26, 2025 September 24, 2025 • Economic Development – Redlines & • Review Revisions – Utilities & Essential Policies (if needed) Public Facilities • Housing & Community Service – October 8, 2025 Redlines & Policies • Capital Facilities Plan Overview April 9, 2025 • Preliminary Draft of Climate Element • Housing & Community Service – Redlines & Policies (if needed) CLIMATE ELEMENT SUBMITTAL TO COMMERCE • Land Use – Redlines & Policies, Map – OCTOBER 15 – JANUARY 15 April 23, 2025 • Review Revisions to Econ Development October 22, 2025 Chapter • Transportation - Redlines & Policies • Land Use – Redlines & Policies, Map (if • Review Introduction & Governance needed) Chapters May 14, 2025 November 12, 2025 • Sign Code Workshop • Final Review- Introduction & • Parks, Recreation & Open Space Update Governance Chapters (if needed) • Development Code Amendment May 28, 2025 Checklist • Urban Design – Redlines & Policies • Implementation Plan Workshop • Review Natural Environment Chapter December 10, 2025 • Cultural & Historical - Redlines & • Review Revisions to Transportation Policies Element • Capital Facilities Plan Workshop January 14, 2026 • Parks, Arts & Recreation Plan Presentation • Parks & Recreation Chapter Review January 28, 2026 • Final Climate & Natural Environment Chapter & Policy Review • Finalize Capital Facilities Plan February 11, 2026 • Review Full Draft Document DRAFT TO COMMERCE FOR REVIEW, FEBRUARY 15 – APRIL 15 SEPA, FEBRUARY 15 -APRIL 15 February 25, 2026 • Workshop on Required Development Code Amendments March 11, 2026 • Workshop on Required Development Code Amendment March 25, 2026 • Workshop on Required Development Code Amendments April 8, 2026 • Public Hearing on Required Development Code Amendments April 22, 2026 • Public Hearing on the Periodic Comp Plan Update COMP PLAN & DEVELOPMENT CODE PUBLIC HEARING BEFORE CITY COUNCIL MAY 5 1ST & 2ND ORDINANCE READING, MAY 19 & JUNE 2ND RESOLUTION FINDING FINAL COMP PLAN PERIODIC UPDATE IN COMPLIANCE WITH RCW 36.70A.130(1), JUNE 2ND ADOPTED COMP PLAN WITH RESOLUTION DUE TO COMMERCE BY JUNE12,2026 (FOR GRANT REIMBURSEMENT PURPOSES)