Loading...
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