Ordinance 15-009 Mining Moratorium Findings CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-009
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION
OF ORDINANCE NO. 15-005 AND THE ESTABLISHMENT OF A MORATORIUM ON
MINING, MINERAL PRODUCT MANUFACTURING, AND OTHER MATTERS
RELATING THERETO.
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of
Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and
other regulations as are not in conflict with general laws," which includes the adoption of regulations
governing land uses within the City; and
WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a
public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim
official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim
zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter from the planning commission or department.
If the governing body does not adopt findings of fact justifying its action before this hearing, then the
governing body shall do so immediately after this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted under this section may be effective for not
longer than six months, but may be effective for up to one year if a work plan is developed for related
studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or
interim official control may be renewed for one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal;"and
WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method
by which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a
moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a
public hearing, provided the City conducts a public hearing on the moratorium within 60 days of the date
of adoption of the moratorium; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, on February 24, 2015, the
City adopted Ordinance No. 15-005 establishing a moratorium upon the submission, acceptance,
processing, modification or approval of any permit applications or licenses by or for mining and/or related
mining site operations, such as excavation, mineral product manufacturing, mineral processing,
stockpiling, and mineral batching; and
WHEREAS, pursuant to RCW 35A.63.220, RCW 36.70A.390, and Ordinance No. 15-005, on
March 24, 2015, the City Council conducted a public hearing on the adoption of Ordinance No. 15-005
and the establishment of a moratorium on mining and/or related mining site operations, such as
excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching; and
WHEREAS, written public testimony was received from two interested parties. City Council
heard verbal testimony from six interested parties during the public hearing; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390,the City Council is required to
adopt findings of fact after conducting the public hearing.
Ordinance 15-009—Findings of Fact on Mining Moratorium Page 1 of 4
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings of Fact. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, on
March 24, 2015, the City Council conducted a public hearing on Ordinance No. 15-005 and the
establishment of a moratorium on mining and/or related mining site operations, such as excavation,
mineral product manufacturing, mineral processing, stockpiling, and mineral batching. The City Council
hereby adopts the following as findings of fact in support of Ordinance No. 15-005 and the establishment
of a moratorium on mining and/or related mining site operations, such as excavation, mineral product
manufacturing, mineral processing, stockpiling, and mineral batching:
1. Pursuant to RCW 36.70A.170 RCW, the City is required to designate "where
appropriate...[m]ineral resource lands that are not already characterized by urban growth and that have
long-term significance for the extraction of minerals."
2. Pursuant to RCW 36.70A.060, the City is required to adopt development regulations to assure
conservation of mineral resource lands designated under RCW 36.70A.170.
3. The City has not designated any mineral resource lands within its boundaries nor has it
developed regulations specific to mineral resource lands.
4. Pursuant to Spokane Valley Municipal Code ("SVMC") 19.120.050, mining is currently a
permitted heavy industrial processing use within the heavy industrial (I-2)zone.
5. The City's currently adopted Comprehensive Plan contains several goals and policies for the
appropriate development of industrial lands, including the following:
Goal LUG-10: Provide for the development of well-planned industrial areas and ensure
the long-term holding of appropriate land in parcel sizes adequate to allow for future development
as industrial uses.
LUP-1 1.2: Conversion of designated industrial lands to other uses should be strictly
limited to ensure an adequate land supply.
6. The City has existing gravel mining operations within its industrial zones taking up significant
acreage, which result in large open pits once the mining use is completed. Once a mine is opened, the
impacts on the land are usually irreversible even with appropriate reclamation planning. These impacts
are permanent and can limit future industrial or other productive use of the site, even after the mine
closes.
7. The City has a finite amount of available undeveloped industrial land.
8. Pursuant to chapter 36.70A RCW, the City has begun the process of developing its 2015
Comprehensive Plan Update.
9. Pursuant to chapter 36.70A RCW, as part of the Comprehensive Plan Update process,the City
will analyze and complete an inventory of available industrial lands and review designation and
regulation of mineral resource lands in order to reach a reasoned policy decision in the interest of public
health, safety and welfare that addresses (a) consideration of where, if anywhere, designation of mineral
resource lands may be appropriate within the boundaries of the City, and (b) whether mining and mining
site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling,
and mineral batching, are compatible and appropriate when undertaken on industrial lands and/or
elsewhere within the City.
Ordinance 15-009—Findings of Fact on Mining Moratorium Page 2 of 4
10. The current work program for the 2015 Comprehensive Plan Update anticipates that a draft
Comprehensive Plan will be completed by the end of 2015.
11. New proposals for mining and mining site operations that may be submitted pending the
completion of the Comprehensive Plan Update process would pose an imminent threat to public health
and safety because they can permanently alter the built environment and limit the City's choices in the
exercise of its land use authority, thereby thwarting the Comprehensive Plan Update process and
impairing the City's ability to reach a reasoned policy approach related to industrial land capacity,
determining where, if anywhere, designation of mineral resource lands would be appropriate, and
determining what the City's long-term goals and policies are with regard to mining and mining site
operation.
12. Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane
Valley is authorized to "make and enforce within its limits all such local police, sanitary and other
regulations as are not in conflict with general laws,"which includes the adoption of regulations governing
land uses within the City.
13. RCW 36.70A.390 provides that"A county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing
on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or
interim official control within at least sixty days of its adoption, whether or not the governing body
received a recommendation on the matter from the planning commission or department. If the governing
body does not adopt findings of fact justifying its action before this hearing, then the governing body
shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning
ordinance, or interim official control adopted under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan is developed for related studies providing
such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official
control may be renewed for one or more six-month periods if a subsequent public hearing is held and
findings of fact are made prior to each renewal."
14. A moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method by
which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development.
15. RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium,
interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing,
provided a public hearing is held within 60 days of the adoption of the moratorium.
16. A moratorium on mining and mineral product manufacturing will maintain the status quo by
prohibiting issuance of City permits and licenses for new mining operations beyond those presently
vested while the City undertakes development and completion of its Comprehensive Plan Update,
including giving due consideration to the determination of where, if anywhere, designation of mineral
resource lands may be appropriate, and determining what the City's long-term goals and policies are with
regard to mining and mining site operations within its jurisdictional limits.
17. Pursuant to Ordinance No. 15-005, City Council adopted a work plan to address the
development of the City's Comprehensive Plan Update.
18. Staff has completed SEPA review of the moratorium and has determined the moratorium on
mining and/or related mining site operations under Ordinance No. 15-005 is categorically exempt from
threshold determination and EIS requirements pursuant to Washington Administrative Code 197-11-
800(19).
Ordinance 15-009--Findings of Fact on Mining Moratorium Page 3 of 4
19. On March 24, 2015, City Council conducted a public hearing on the adoption of Ordinance
15-005 and the establishment of a moratorium on mining and/or related mining site operations, such as
excavation, mineral product manufacturing,mineral processing, stockpiling, and mineral batching.
20. The City Council received written testimony from two interested parties and six interested
parties spoke at the public hearing. The City Council has given due consideration to all public testimony
received.
21. The adoption of Ordinance No. 15-005 and the establishment of a moratorium on mining
and/or related mining site operations, such as excavation, mineral product manufacturing, mineral
processing, stockpiling, and mineral batching is consistent with the goals and policies of the City's
Comprehensive Plan and the development of the City's Comprehensive Plan Update.
22. The City Council finds that the moratorium imposed and established by Ordinance No. 15-
005 is necessary for the immediate preservation of the public health, public safety, public property and
public peace.
Section 2. Duration. The moratorium set forth in Ordinance No. 15-005 shall be and remain
in effect for a period of 365 days from the date of Ordinance No. 15-005, unless repealed, extended, or
modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact,
pursuant to RCW 35A.63.220 and RCW 36.70A.390.
Section 3. Ratification. Any act consistent with the authority set forth herein and prior to
the effective date of this Ordinance is hereby ratified and affirmed.
Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 28th day of April,2015.
AT S Dean Grafos, Mayor
ity Clerk, Christine Bainbridge
Amorjeig
o�y'%4tif
Offices 'the C Attorney
Date of Publication: G- 2-c=t tS
Effective Date: 63- - 2-o�5
Ordinance 15-009—Findings of Fact on Mining Moratorium Page 4 of 4