Ordinance 15-015 Mining Findings CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-015
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION
OF ORDINANCE NO. 15-013 AND THE REPEAL OF ORDINANCE NOS. 15-005 AND
15-009 AND ESTABLISHMENT OF A MORATORIUM ON MINING, MINERAL
PRODUCT MANUFACTURING,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 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 June 30, 2015, the City
adopted Ordinance No. 15-013 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 repealing Ordinance Nos. 15-005 and 15-009; and
WHEREAS, pursuant to RCW 35A.63.220, RCW 36.70A.390, and Ordinance No. 15-013, on
July 28, 2015, the City Council conducted a public hearing on the adoption of Ordinance No. 15-013 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 the repeal of
Ordinance Nos. 15-005 and 15-009; and
Ordinance 15-015—Findings of Fact on Mining Moratorium Page 1 of 5
WHEREAS, two written comments were submitted prior to the public hearing. At the public
hearing, City Council heard verbal testimony from five interested parties. Further, at the public hearing,
four persons who testified submitted written comments and one person submitted a flash drive with three
electronic documents and five video recordings of portions of City Council meetings held on February 24,
2015, March 24,2015, April 14, 2015, April 28,2015,and June 30, 2015; 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.
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 July
28, 2015, the City Council conducted a public hearing on Ordinance No. 15-013 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 the repeal of Ordinance Nos.
15-005 and 15-009. The City Council hereby adopts the following as findings of fact in support of
Ordinance No. 15-013 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 the repeal of Ordinance Nos. 15-005 and 15-009:
1. 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 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.
2. 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.
3. 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."
4. 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.
5. 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.
6. 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. Six interested parties spoke at the public hearing.
7. 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.
8. 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.
9. 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
Ordinance 15-015—Findings of Fact on Mining Moratorium Page 2 of 5
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.
10. 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."
11. Pursuant to RCW 36.70A.060, the City is required to adopt development regulations to
ensure conservation of mineral resource lands designated under RCW 36.70A.170.
12. The City has not designated any mineral resource lands within its boundaries nor has it
developed regulations specific to mineral resource lands.
13. 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.
14. 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.
15. 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.
16. The City has a finite amount of available undeveloped industrial land.
17. Pursuant to chapter 36.70A RCW, the City is in the process of developing its 2015
Comprehensive Plan Update.
18. 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.
19. The current work program for the 2015 Comprehensive Plan Update anticipates that a draft
Comprehensive Plan will be completed by the end of 2015.
20. 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 and natural 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
Ordinance 15-015—Findings of Fact on Mining Moratorium Page 3 of 5
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.
21. 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.
22. 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."
23. 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.
24. 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.
25. 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.
26. Pursuant to Ordinance No. 15-013, City Council adopted a work plan to address the
development of the City's Comprehensive Plan Update.
27. Staff has completed SEPA review of the moratorium and has determined the moratorium on
mining and/or related mining site operations under Ordinance No. 15-013 is categorically exempt from
threshold determination and EIS requirements pursuant to Washington Administrative Code 197-11-
800(19).
28. On July 28, 2015, City Council conducted a public hearing on the adoption of Ordinance 15-
013 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 the
repeal of Ordinance Nos. 15-005 and 15-009.
29. Two written comments were submitted prior to the public hearing. At the public hearing,
City Council heard verbal testimony from five interested parties. Further, at the public hearing, four
persons who testified submitted written comments and one person submitted a flash drive with three
Ordinance 15-015—Findings of Fact on Mining Moratorium Page 4 of 5
electronic documents and five video recordings of portions of City Council meetings held on February 24,
2015, March 24, 2015, April 14, 2015, April 28, 2015, and June 30, 2015. The City Council has given
due consideration to all public testimony received.
30. The adoption of Ordinance No. 15-013 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.
31. The City Council finds that the moratorium imposed and established by Ordinance No. 15-
013 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. 15-013 shall be and remain
in effect as of the effective date of Ordinance No. 15-013 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.
The duration of the moratorium set forth in Ordinance No. 15-013 is expressly intended to preserve in
continuous force and effect the moratorium established in Ordinance No. 15-005 notwithstanding the
repeal of said Ordinance No. 15-005.
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 25`x'day of August,2015.
ATT S . p Dean Grafos, Mayo
/AAAL
City Clerk, Christine ainbridge
AppOed a F t : d44 v"t
Office le City A .rney
Date of Publication:
Effective Date: 9 -s',_O JS
Ordinance 15-015—Findings of Fact on Mining Moratorium Page 5 of 5