Ordinance 16-011 Findings for Mining Moratorium renewal CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 16-011
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION
OF A SIX MONTH RENEWAL OF THE MORATORIUM ON MINING AND
MINERAL PRODUCT MANUFACTURING ORIGINALLY ESTABLISHED
PURSUANT TO ORDINANCE NO. 15-013 AND RENEWED WITH MODIFICATIONS
PURSUANT TO ORDINANCE NO. 16-003, AND OTHER MATTERS RELATING
THERETO.
WHEREAS, the City of Spokane Valley ("City") is in the process of developing its
Comprehensive Plan Update; 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 Ordinance No. 16-002, adopted on February 9, 2016, the City adopted
findings justifying a six-month renewal and modification to the moratorium; and
WHEREAS, pursuant to Ordinance No. 16-003, adopted on February 9, 2016, the City adopted a
six month renewal and extension of the moratorium with a modification to allow the City to process
permits for mining operations where the operator received a SM-6 Form prior to the establishment of the
moratorium; and
WHEREAS, pursuant to Ordinance No. 16-003, the renewed moratorium shall expire at 11:59
p.m. on August 21, 2016, unless otherwise repealed, extended, or modified by the City Council prior to
such expiration; and
WHEREAS, the City does not anticipate it will complete its Comprehensive Plan Update by
August 21, 2016; 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
Ordinance 16-011 Page 1 of 7
WHEREAS, a moratorium renewal enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is
a method by which local governments may continue to preserve the status quo established through the
original moratorium 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 renewal for one or more six-month periods if a public hearing is held and findings of fact are
made prior to each renewal; and
WHEREAS,pursuant to RCW 36.70A.390 and Ordinance No. 16-003, on July 12, 2016,the City
Council conducted a properly noticed public hearing on the second renewal of the moratorium on mining
and/or related mining site operations for a six-month period; and
WHEREAS, at the public hearing, City Council heard verbal testimony from one interested party
opposed to the moratorium; 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 and prior to such renewal.
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
12, 2016, the City Council conducted a public hearing on a second six-month renewal of the moratorium
on mining and/or related mining site operations, such as excavation, mineral product manufacturing,
mineral processing, stockpiling, and mineral batching, originally established pursuant to Ordinance No.
15-013 and renewed and modified pursuant to Ordinance No. 16-003. The City Council hereby adopts
the following as findings of fact in support of a second renewal of the moratorium on mining and/or
related mining site operations, such as excavation, mineral product manufacturing, mineral processing,
stockpiling, and mineral batching, originally established pursuant to Ordinance No. 15-013 and renewed
and modified pursuant to Ordinance No. 16-003:
1. On February 24, 2015, the City Council adopted Ordinance No. 15-005, imposing and
establishing a moratorium on 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.
2. 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.
3. 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.
4. On June 30, 2015, the City Council adopted Ordinance No. I5-013, repealing Ordinance Nos.
15-005 and 15-009, and re-establishing a moratorium on 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.
5. On July 28,2015, City Council conducted a properly noticed public hearing on the adoption of
Ordinance 15-013 and the establishment of a moratorium on mining and/or related mining site operations,
Ordinance 16-011 Page 2 of 7
such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching
and the repeal of Ordinance Nos. 15-005 and 15-009.
6, 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.
7. On August 25, 2015, after giving due consideration to the public testimony received, City
Council adopted Ordinance No. 15-015, adopting findings of fact justifying the adoption of Ordinance
No. 15-013 and the re-establishment of the 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.
8. On January 5, 2016, City Council conducted a properly noticed public hearing on a six-month
renewal and extension of the moratorium on mining and/or related mining site operations, such as
excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching,
originally established pursuant to Ordinance No. 15-013.
9. At the public hearing, City Council heard verbal testimony from two interested parties. Both
parties also submitted written testimony. Further, on January 8, 2016,the City received written testimony
from a third party. All parties requested a modification to the moratorium to allow processing of permits
for the ongoing operation and maintenance of mines that are currently operational as well as those that
received a Washington State Department of Natural Resource County or Municipality Approval for
Surface Mining Form (commonly referred to as a "SM-6 Form") prior to the establishment of the
moratorium. The parties requested such modification to prevent impacts from the moratorium to their
existing and ongoing business operations.
10. On February 9, 2016, City Council adopted Ordinance No. 16-002, adopting findings of fact
justifying a six-month renewal and extension of the moratorium and a modification to the moratorium to
allow the City to process permits for mining operations where the operator received a SM-6 Form prior to
the establishment of the moratorium.
11. On February 9, 2016, City Council adopted Ordinance No. 16-002, adopting a six-month
renewal and extension of the moratorium and a modification to the moratorium to allow the City to
process permits for mining operations where the operator received a SM-6 Form prior to the
establishment of the moratorium.
12. Pursuant to Section 4 of Ordinance No. 16-003,the moratorium renewal will last"until 11:59
p.m. on August 21, 2016, unless repealed, extended, or modified by 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."
13. Pursuant to RCW 36.70A.170, 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."
14. Pursuant to RCW 36.70A.060, the City is required to adopt development regulations to
ensure conservation of mineral resource lands designated pursuant to RCW 36.70A.170.
15. On March 27, 2003, the City originally adopted the Spokane County Comprehensive Plan as
its interim Comprehensive Plan. The City's interim Comprehensive Plan included certain mineral
resource designations for locations within the City's boundaries.
Ordinance 16-01 1 Page 3 of 7
16. On April 25, 2006, the City adopted its Comprehensive Plan. The City's Comprehensive
Plan did not designate any mineral resource lands within its boundaries, and the City has not further
designated mineral resource lands since 2006.
17. 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.
18. 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.
19. 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 can be permanent and can limit future industrial or other productive use of the site, even
after the mine closes.
20. The City has a finite amount of available undeveloped industrial land.
21. 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
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.
22. With the planning issues and potential for new mining impacts in mind, the City Council
determined the moratorium was appropriate in order to 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.
23. Pursuant to Section 3 of Ordinance No. 15-013, as continued pursuant to Section 3 of
Ordinance No. 16-003, the City Council established a work plan in order to adequately consider (a)
where, if anywhere, designation of mineral resource Iands 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. The work plan directs the City as
follows:
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
Ordinance 16-011 Page 4 of 7
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.
24. Pursuant to chapter 36.70A RCW,the City is in the process of developing its Comprehensive
Plan Update.
25. Pursuant to chapter 36.70A RCW and the work plan established pursuant to Ordinance No.
15-013, as part of the Comprehensive Plan Update process, through 2015 and continuing into 2016, the
City has been analyzing and completing an inventory of available industrial lands, and reviewing
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.
26. As part of the Comprehensive Plan Update process, the City has undertaken a broad public
process to accept citizen-initiated Citizen Amendment Requests ("CARs"). CARs were reviewed through
a public process by both the Planning Commission and the City Council and several were approved by the
City Council for further analysis and consideration through the Comprehensive Plan Update. One CAR
that was approved for further review was a request to include a new chapter creating Mineral Resource
Lands goals, policies, and designation criteria and a corresponding map amendment to designate four sites
as a Mineral Resource Overlay on the City's Comprehensive Plan Map. Further, City staff have been
researching,reviewing, and analyzing geologic, economic, and GIS data, as well as information from the
Washington Departments of Commerce and Nature Resources, to review and analyze the appropriateness
of mineral resource land designation within the City's boundaries.
27. The City was delayed for a portion of 2015 in working through its Comprehensive Plan
Update while waiting for the future population forecast and allocation from the Steering Committee of
Elected Officials ("SCEO") and Spokane County Board of County Commissioners ("BoCC"). The
SCEO voted on November 4, 2015, to recommend to the BoCC the population forecast and allocation
recommended by the Planning Technical Advisory Committee which utilized the Office of Financial
Management medium series forecast for 2037 and which applied a historic growth rate from 2003 through
2015 for forecasting purposes. The BoCC has not acted upon the SCEO recommendation.
28. The population forecast and allocation is critical to the City's development of its
Comprehensive Plan Update as it provides the basis for planning for future growth and assessing
appropriate land use quantities to meet future growth needs.
29. The City has obtained a future population forecast and allocation estimate to allow it to move
forward with planning and development of the Comprehensive Plan Update.
Ordinance 16-011 Page 5 of 7
30. The City has been working extensively since obtaining the future population forecast and
allocation estimate to complete the Comprehensive Plan Update. City Council has heard numerous
reports on numerous topics as part of the development of the Comprehensive Plan Update, including an
existing conditions report, retail study, tiny homes presentation, water district and water availability
report, residential standards report, and City Council conducted a joint workshop with the Planning
Commission.
31. However, due to the delay in recommendation and adoption of the population allocation,the
City has not completed its Comprehensive Plan Update and the City does not anticipate it will complete
the Comprehensive Plan Update by August 21,2016.
32. 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.
33. 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."
34. A moratorium renewal enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a
method by which local governments may continue to preserve the status quo established through the
original moratorium so that new plans and regulations will not be rendered moot by intervening
development.
35. RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium
renewal for one or more six-month periods if a public hearing is held and findings of fact are made prior
to each renewal.
36. A six-month renewal of the moratorium on mining and mineral product manufacturing will
continue to maintain the status quo by prohibiting issuance of City permits and licenses for new mining
operations beyond those presently vested while the City continues to work on and complete 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.
37. Staff has determined that a second six-month renewal of the moratorium on mining and/or
related mining site operations originally established pursuant to Ordinance No. 15-013 and renewed with
modifications pursuant to Ordinance No. 16-003 is categorically exempt from threshold determination
and EIS requirements pursuant to Washington Administrative Code 197-11-800(19).
38. Notice of the public hearing on July 12, 2016, was published in the City's legal publication,
the Valley News Herald, on June 24, and July 1, and 8, 2016.
Ordinance 16-011 Page 6 of 7
39. On July 12, 2016, City Council conducted a properly noticed public hearing on a second six-
month renewal of the moratorium on mining and/or related mining site operations, such as excavation,
mineral product manufacturing, mineral processing, stockpiling, and mineral batching, originally
established pursuant to Ordinance No. 15-013 and renewed and modified pursuant to Ordinance No. 16-
003.
40. At the public hearing, City Council heard verbal testimony from one interested party opposed
to the moratorium. The City Council has given due consideration to all public testimony received.
41. The adoption of a second six-month renewal of the moratorium on mining and/or related
mining site operations, such as excavation, mineral product manufacturing, mineral processing,
stockpiling, and mineral batching, originally established pursuant to Ordinance No. 15-013 and renewed
and modified pursuant to Ordinance No. 16-003, is consistent with the goals and policies of the City's
Comprehensive Plan and the development of the City's Comprehensive Plan Update.
42. The City Council finds that a second six-month renewal of the moratorium originally
imposed and established by Ordinance No. 15-013 and renewed and modified pursuant to Ordinance No.
16-003 is necessary for the preservation of the public health, public safety, public property and public
peace.
Section 2. 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 3. 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 4. 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 3rd day of August, 2016.
r
ATTEST L.R. Higgin a`r
City Clerk, Christine Bainbridge
:414 I rove t• Form:
Office >f t-City Attorney
Date of Publication: 08-05-2016
Effective Date: 08-10-2016
Ordinance 16-011 Page 7 of 7