Ordinance 15-013 Mining Moratorium CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-013
AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE
COUNTY, WASHINGTON, ADOPTING A MORATORIUM ON MINING, MINERAL
PRODUCT MANUFACTURING,REPEALING ORDINANCE NOS. 15-005 AND 15-009,
AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley ("City") is in the process of developing its 2015
Comprehensive Plan Update; and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City 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
thwarted or 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 WAC 197-11-880, the adoption of this Ordinance is exempt from the
requirements of a threshold determination under the State Environmental Policy Act; and
WHEREAS, 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"; and
WHEREAS, 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; and
WHEREAS,the City has not designated any mineral resource lands within its boundaries nor has
it developed regulations specific to mineral resource lands; and
Ordinance 15-013 Page 1 of 5
WHEREAS, 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; and
WHEREAS,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-11.2: Conversion of designated industrial lands to other uses should be strictly
limited to ensure an adequate land supply; and
WHEREAS, the City has existing gravel mining operations within its industrial zone 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 may be 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; and
WHEREAS,the City has a finite amount of available undeveloped industrial land; and
WHEREAS, 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 when undertaken on industrial lands and/or
elsewhere within the City; and
WHEREAS, additional time is necessary to allow the City to continue the development and
completion of its Comprehensive Plan Update, including the determination of what the City's long-term
goals are with regard to mining and mining site operations within its jurisdictional limits; and
WHEREAS, 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; and
WHEREAS, 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 are with
regard to mining and mining site operations within its jurisdictional limits;and
WHEREAS, on February 24, 2015, the City Council adopted Ordinance No. 15-005, imposing
and establishing a moratorium on submission, acceptance, processing, modification or approval of any
Ordinance 15-013 Page 2 of 5
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 Section 4 of Ordinance No. 15-005,the City Council set March 24, 2015
at 6:00 p.m. at City Hall as the date,time and location for a public hearing on the moratorium; and
WHEREAS, on March 6, 2015, a summary of Ordinance No. 15-005 was published in the Valley
News Herald, the City's newspaper of general circulation, which summary included the statement
"Section 4 sets March 24,2015 as the date for a public hearing"; and
WHEREAS,there were articles regarding the moratorium and pending public hearing prior to the
public hearing that were published in local newspapers that included reference to the public hearing on
the moratorium; and
WHEREAS, the agenda for the meeting on March 24, 2015, which included reference to the
public hearing on the moratorium, was posted on the City's website and provided to members of the
City's agenda packet distribution list via email in advance of March 24,2015; and
WHEREAS, on March 24, 2015, the City Council conducted a public hearing on the moratorium
imposed and established pursuant to Ordinance No. 15-005 and received written testimony from two
interested parties and six interested parties spoke at the public hearing; and
WHEREAS, on April 28, 2015, after giving due consideration to the public testimony received,
the City Council adopted Ordinance No. 15-009 adopting findings of fact justifying the moratorium on
mining established pursuant to Ordinance No. 15-005; and
WHEREAS, though public information and notice was provided of the public hearing, there was
no formal publication of notice of the public hearing in the City's official newspaper as is the City's
practice; and
WHEREAS, repeal of Ordinance No. 15-005 and Ordinance No. 15-009 and re-establishment of
an emergency moratorium on mining and/or related mining site operations with a new public hearing
preceded by new and more broadly disseminated public notice is appropriate to ensure full notice and
opportunity for interested parties to provide comments on the moratorium; and
WHEREAS, the City Council finds that the moratorium imposed and established by this
Ordinance is necessary for the immediate preservation of the public health, public safety, public property
and public peace.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as
findings of fact in support of this Ordinance.
Section 2. Moratorium Established.
A. The City Council hereby declares an emergency and imposes 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.
Ordinance 15-013 Page 3 of 5
B. Nothing herein shall affect the processing or consideration of any existing and already-
submitted complete land-use or building permit applications that may be subject to vested rights as
provided under Washington law.
C. This moratorium shall not affect any mining or mining site operations, including
excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, that
were in existence and in continuous and lawful operation as of the effective date of this Ordinance.
Section 3. Work Plan. The following work plan is adopted to address the issues involving
the City's consideration and regulation of mining:
A. The City of Spokane Valley Planning Commission ("Planning Commission") is hereby
authorized and directed to hold public hearings and public meetings to fully receive and consider
statements, testimony, positions, and other documentation or evidence related to the public health, safety,
and welfare aspects of mining uses. Specifically, the Planning Commission shall consider mining in its
consideration and deliberations for the City's 2015 Comprehensive Plan Update and shall develop
proposals for mining and mining site operations within the City's 2015 Comprehensive Plan Update to be
forwarded and recommended to the City Council for its consideration. The schedule for the City's 2015
Comprehensive Plan Update process is included in the City's Public Participation Program, adopted by
the City Council on January 6, 2015, which identifies phases of the Comprehensive Plan Update process
and anticipated meeting dates relevant to each of the phases.
B. Upon adoption of the City's 2015 Comprehensive Plan Update,the Planning Commission
shall work with City staff and the citizens of the City, as well as all public input received, to develop
proposals for regulations pertaining to mining and mining site operations to be forwarded and
recommended to the City Council for its consideration.
Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390,the City Council
shall conduct a public hearing on July 28, 2015 at 6:00 p.m., or as soon thereafter as the matter may be
heard, at the City of Spokane Valley City Hall, City Council Chambers, 11707 East Sprague, Spokane
Valley, 99206, to hear and consider the comments and testimony of those wishing to speak at such public
hearing regarding the moratorium set forth in this Ordinance.
Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the
date of this Ordinance and shall continue in effect until 11:59 p.m. on February 23, 2016, 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 6. 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 7. Repeal. Ordinance No. 15-005 and Ordinance No. 15-009 are hereby repealed in
their entirety and shall be without any force or effect as of the effective date of this Ordinance as set forth
in Section 9 below.
Section 8. 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 9. Declaration of Emergency; Effective Date. This Ordinance is designated as a
public emergency necessary for the protection of public health, safety, and welfare and therefore shall
take effect immediately upon adoption by the City Council.
Ordinance 15-013 Page 4 of 5
Passed by the City Council this 30th day of June, 2015.
Dean Grafos,Mayor
A Ela
vLt/ /5-4
(v�1
City Clerk, Christine Bainbrid
Approved as Form:
Form:
9 J,� Date of Publication: ,f-cC,CI lCi /,' ---
Office of the City Attorney Effective Date: June 30, 2015
Ordinance 15-013 Page 5 of 5