Ordinance 19-002 Planned Action CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 19-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, ADOPTING A NEW CHAPTER 21.60 OF THE SPOKANE VALLEY
MUNICIPAL CODE ALLOWING THE DESIGNATION OF QUALIFYING PROJECTS
AS PLANNED ACTIONS CONSISTENT WITH THE STATE ENVIRONMENTAL
POLICY ACT; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS,pursuant to Ordinance No. 16-018,the City of Spokane Valley(City)adopted
land use plans as set forth in the Comprehensive Plan, Capital Facilities Plan, and maps as the
Comprehensive Plan of the City of Spokane Valley; and
WHEREAS, the City adopted the Final Environmental Impact Statement (FEIS) prepared
for the legislative update to the Comprehensive Plan and development regulations that occurred
pursuant to Ordinance No. 16-018; and
WHEREAS, the City applied for and received a grant from the Washington State
Department of Commerce to develop a Planned Action Ordinance (PAO) pursuant to chapter
43.21 C RCW (SEPA) for the area known as Northeast Industrial Area; and
WHEREAS, City staff have proposed an amendment to Spokane Valley Municipal Code
(SVMC) to create a new chapter 21.60 SVMC for the purpose of streamlining environmental
permitting for the area in the City described herein to allow qualifying projects as planned actions
pursuant to SEPA; and
WHEREAS, on March 3, 2017, staff issued a Determination of Significance (DS) and
scoping notice for the proposed PAO; published the DS and scoping request in the Valley News
Herald, and provided notice to all affected public agencies; and
WHEREAS, the DS indicated the City planned to supplement the FEIS (Supplemental
Environmental Impact Statement or SEIS), prepared for the Comprehensive Plan with additional
information related to impacts from development in the northeast industrial area on air quality,
surface water and water runoff, historic and cultural preservation, utility provisions, and
transportation, and identified mitigation measures to be include in the PAO;
WHEREAS, the City formed a Technical Advisory Committee (TAC) consisting of a
professional transportation consultant, private land owners, and public agencies to assist in the
review and development of the SEIS; and
WHEREAS, on November 14, 2018, the Washington State Department of Commerce was
notified pursuant to RCW 36.70A.106 of the City's intent to adopt the proposed amendments to
the Title 21 of the SVMC; and
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WHEREAS, on November 15, 2018,the Commission conducted a study session to review
the proposed amendments; and
WHEREAS, on November 23 and 30, 2018, notice of the Planning Commission
(Commission)public hearing was published in the Valley News Herald; and
WHEREAS, on December 13, 2018, the Commission held a public hearing and received
evidence, information, public testimony, and a staff report and recommendation; and
WHEREAS,on January 10, 2019,the Commission deliberated and voted 6 to 0 to forward
CTA-2018-0004 to Council with a recommendation for approval; and
WHEREAS,as of January 24,2019 the City received one public comment. Pursuant to the
Growth Management Act and SEPA, all comments have been incorporated into the SEIS and
proposed amendment where appropriate; and
WHEREAS, on January 29, 2019, staff presented Council a briefing to review the
proposed amendments, and Council concurred to place CTA-2018-0004 in an ordinance for
consideration of approval; and
WHEREAS, on February 5, 2019, Council considered a first ordinance reading to approve
CTA-2018-0004; and
WHEREAS, on February 26, 2019, Council considered a second ordinance reading to
adopt the proposed amendments for CTA-2018-0004.
NOW,THEREFORE,the City Council of the City of Spokane Valley do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to adopt a new chapter 21.60 to
the SVMC to streamline environmental permitting in the identified northeast industrial area to
allow qualifying projects as planned actions pursuant to SEPA.
Section 2. Findings. The City Council acknowledges that the Planning Commission
conducted appropriate investigation and study and held a public hearing on the proposed
amendments to the SVMC.The City Council has read and considered the Planning Commission's
findings. The City Council hereby makes the following findings applicable to the proposed
amendments:
1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its Comprehensive Plan Update and
updated development regulations on December 13, 2016 with an effective date of December
28, 2016.
2. On March 3, 2017, a Determinations of Significance (DS) and request for comments on the
scope of SEIS was issued for the proposed amendment.
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3. On March 3, 2017, the DS was published in the City's official newspaper, the Valley News
Herald, pursuant to RCW 43.21C and chapter 21.20 SVMC.
4. Pursuant to RCW 43.21 C (SEPA), a SEIS was completed for the proposed amendment.
5. The procedural requirements of SEPA and Title 21 SVMC have been fulfilled.
6. On November 23, 2018, a notice of issuance and availability, adopting an existing document,
of the City for a PAO and SEIS was sent to all agencies affected by the proposed amendments.
7. On November 23, 2018, the Washington State Department of Commerce was provided a
notice of intent to adopt amendments to the SVMC.
8. On November 23, 2018 and November 30, 2018, notice of the Commission public hearing
was published in the Valley News Herald.
9. The procedural requirements in SVMC 17.80.140 for the amendment process, including
public participation,notice, and public hearing requirements have been met.
10. On December 13, 2018, the Commission held a public hearing on the proposed amendment.
After receiving public testimony the public hearing was closed.
11. The City of Spokane Valley has adopted goals and policies consistent with the GMA and
adopted County-Wide Planning Policies, set forth below. The proposed amendment is
consistent with the following provisions of the Comprehensive Plan:
a. ED-GI: Support economic opportunities and employment growth for Spokane
Valley.
b. ED-G3: Balance economic development with community development priorities
and fiscal sustainability.
e. ED-G6: Maintain a positive business climate that strives for flexibility,
predictability and stability.
d. ED-P3: Encourage businesses that provide jobs and grow local markets.
e. ED-P4: Promote key retail, office and industrial opportunity sites, as identified in
the City's economic development studies and other planning documents (e.g.
Certified Sites).
f. ED-P6: Promote the development or redevelopment of vacant and underutilized
properties, particularly those with potential to serve as a catalyst for economic
development.
g. ED-P8: Provide and maintain an infrastructure system that supports Spokane
Valley's economic development priorities.
h. ED-P11: Leverage federal, state, and regional economic development resources
and programs for City economic development purposes.
i. LU-G4:Ensure that land use plans, regulations, review processes, and
infrastructure improvements support economic growth and vitality.
j. LU-P9: Provide supportive regulations for new and innovative development types
on commercial, industrial, and mixed use land.
k. T-G1: Ensure that the transportation system and investments in transportation
infrastructure are designed to improve quality of life or support economic
development priorities.
1. T-G2: Ensure that transportation planning efforts reflect anticipated land use
patterns and support identified growth opportunities.
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m. T-P9: Provide and maintain quality street, sidewalk, and shared-use path surfaces
that provide a safe environment for all users.
n. CF-P6: Ensure that facilities and services meet minimum Level of Service
standards.
12. The proposed amendment to the Comprehensive Plan is consistent with GMA and does not
result in internal inconsistencies within the Comprehensive Plan itself.
Section 3. Adoption. Title 21 SVMC is hereby amended by adding a new chapter, to be
designated "Chapter 21.60 Planned Action Ordinance," as set forth in Exhibit "A," attached hereto and
incorporated herein.
Section 4. Other sections unchanged. All other provisions of the SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 5. 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 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
PASSED by the City Council this 12th day of March,2019.
f
ATTE" L.R.Higgins, -ay or
hristine Bainbridge, City Clerk
Approved As To Form:
O fice ie C` ttorney
Date of Publication: .3 -2 ? -, d/
Effective Date: 3 -d 9 - 0/,
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EXHIBIT A
Chapter 21.60
NORTHEAST INDUSTRIAL AREA PLANNED ACTION ORDINANCE (NIA-PAO)
Sections:
21.60.010 Purpose of the Northeast Industrial Area Planned Action Ordinance
21.60.020 Findings.
21.60.030 Procedures and criteria for evaluating and determining projects as planned actions.
21.60.040 Monitoring and review
21.60.050 Conflict
21.60.060 Expiration date.
21.60.010 Purpose of the Northeast Industrial Area PAO.
The purpose of this chapter is to:
A. Set forth a procedure designating certain projects within the boundaries of the geographic area described in
SVMC 21.60.030 as"planned actions" consistent with RCW 43.21C.031;
B. Streamline the land use permit review process for projects which qualify as planned actions within the
Northeast Industrial Area (NIA) by relying on the Supplemental Environmental Impact Statement(SETS)
completed for the NIA;and
C. Ensure that projects designated as planned actions are appropriately mitigated and conditioned so that no
adverse impacts to the environment will occur as a result of development approval.
21.60.020 Findings.
A. The City is subject to the full requirements of chapter 36.70A RCW, the Growth Management Act, located
within an urban growth area, and has an adopted comprehensive plan in compliance with the Growth
Management Act;
B. The NIA-SEIS is consistent with the comprehensive plan and has been prepared and adopted under the
provisions of the GMA and SEPA;
C. The NIA-SEIS identified and addressed all significant environmental impacts associated with land uses as
described in the SEIS;
D. The thresholds described in the SEIS are adequate to identify significant adverse environmental impacts;
E. The mitigation measures contained in SE'S,together with applicable City development standards, are
adequate to mitigate the significant adverse environmental impacts anticipated from development in NIA;
F. The expedited permit review process, as set forth in this chapter 21.60, will benefit the public, adequately
protect the environment, and enhance the economic development of the Northeast Industrial Area;
G. Opportunities for public involvement and review have been provided, and comments considered as part of the
preparation of the draft and final supplemental environmental impact statement;
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H. The uses allowed by the City's industrial zoning classification will implement the Comprehensive Plan;
I. The NIA planned action is not an essential public facility as defined by RCW 36.70A.200(1);
J. Chapter 21.60 SVMC shall be known as the "Northeast Industrial Area Planned Action Ordinance."
21.60.030 Procedures and criteria for evaluating and determining projects as planned actions.
A. To qualify for a planned action designation, a project application shall comply with the following:
1. Be located entirely within the planned action area, as defined in Figure 21.60-1.
Figure 21.60-1—Northeast Industrial Area Planned Action Area
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2. Have primary uses that meet the definitions of light industrial, heavy industrial;or warehouse,wholesale,
and freight movement use categories as set forth in Appendix A Definitions SVMC.
3. Submit an environmental checklist or other project review form pursuant to SEPA,
4. Submit estimates of total building gross square footage and/or number of employees to provide sufficient
information for the City to estimate the number of PM Peak hour trips for the project.
5. Not exceed a cumulative PM peak trip count of 1,340 trips from all development within the NIA from the
effective date of chapter 21.60 SVMC.
6. Meet density and dimensional requirements for non-residential standards pursuant to SVMC 19.70.030.
7. Pay a proportionate share of off-site improvements based on PM peak hour trips as provided in the NIA-
SEIS to mitigate transportation related impacts.The fee is$2,831 per PM Peak Hour trip.
8. Submit a signed "Sewer Planning Requirements Form" as specified by Spokane County Environmental
Services;.
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9. Project impacts may be mitigated through the application of the mitigation measures detailed in NIA-SEIS,
as well as other City,state, and/or federal regulations.
13. Planned Action Review Criteria.
1. The City shall base its decision to designate a project a planned action through review of an
environmental checklist or other project review form pursuant to SEPA and the review of the application
and supporting documentation.
2. The City shall designate a project as a planned action, pursuant to chapter 21.60 SVMC and SEPA, if it
meets the following conditions:
a. The project is not otherwise exempt from SEPA.
b. The project is consistent the NIA-SEIS and the adopted City of Spokane Valley Comprehensive Plan.
c. The project has had its significant adverse environmental impacts adequately identified and
addressed in the NIA-SEIS.
d. The project impacts may be mitigated through the application of the mitigation measures detailed in
NIA-SEIS, as well as other City,state, and/or federal regulations.
e. The project complies with all applicable City,county,state and federal regulations, and where
appropriate,the project complies with needed variances, modifications, or other needed permits and
conditions.
f. The project meets all the planned action qualifications pursuant to SVMC 21.60.030(A).
g. The project is not an essential public facility as defined in RCW 36.70A.200.
3. A project that meets the criteria and qualifications for a planned action shall not require a SEPA threshold
determination, preparation of an EIS, SEPA appeal, or any additional review pursuant to SEPA.
4. Should environmental conditions change significantly from those analyzed in the N1A-SEIS,the City may
determine that the planned action designation is no longer applicable until an environmental review is
conducted.
C. Planned Action Permit Process and Application.
1. Applications for planned actions shall be reviewed pursuant to the following process:
a. Application shall be made on forms provided by the City and shall include a SEPA checklist, or
approved planned action checklist.
b. The department shall determine whether the application is complete pursuant to chapter 17.80
SVMC.
c. After the City receives a complete application,the responsible SEPA official shall determine, pursuant
to the criteria and procedures of chapter 21.60 SVMC, whether the project qualifies as a planned
action. Once a project is determined to quality as a planned action, the City shall:
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i. Notify the applicant, and the project shall proceed in accordance with the applicable permit
review procedures specified in Chapter 17.80 SVMC; and
ii. Notify utility providers in the area,such as:sewer, water, power, natural gas, and
telecommunication of a pending development under the NIA PAO. Notice shall also be provided
to Spokane Clean Air or their successor.The notice required by this section may be combined
with the public notice required or provided with the underlying permit and may take the form of
the environmental checklist or other project review form. Notice provided shall not be less than
14 days.
d. If a project does not qualify as a planned action,the City shall notify the applicant.The notice shall
describe the elements of the application that result in failure to qualify as a planned action.The
notice shall also prescribe a SEPA review procedure consistent with the City's local SEPA regulations
and the requirements of state law.
e. Projects that fail to qualify as planned actions may incorporate or otherwise use relevant elements of
the NIA-SEIS or other relevant environmental review documents to meet SEPA requirements.The City
may limit the scope of SEPA review for the non-qualifying project to those issues and environmental
impacts not previously addressed in the NIA-SEIS.
f. The decision regarding qualification as a planned action shall be final.
21,60.040 Monitoring and review.
A. The City shall monitor the progress of development within the designated planned action area to ensure that
development is consistent with the assumptions of chapter 21.60 SVMC and the NIA-SEIS. Development shall
be monitored regarding the type and amount of development, the associated impacts of that development,
and the adequacy of the mitigation measures identified in chapter 21.60 SVMC and the NIA-SEIS.
B. The total number of PM peak trips available at the time chapter 21.60 SVMC becomes effective is 1,340 PM
Peak hour trips.The City shall have an internal tracking system for the number of PM peak trips available
within the planned action boundary.The tracking system shall reduce available PM peak trips at the time an
application is deemed complete.Trips shall be re-introduced if the building permit expires without
construction of the project.
C. This planned action ordinance shall be reviewed no later than six years from its effective date to determine
the continuing relevance of its assumptions and findings with respect to environmental conditions in the
planned action area, the impacts of development, and required mitigation measures.The City, based upon this
review, may propose amendments to this chapter and/or may supplement or revise the NIA-SEIS.
21.60.050 Conflict.
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In the event of a conflict between chapter 21.60 SVMC or any mitigation measure imposed thereto, and any other
adopted regulation of the City,the provisions of chapter 21.60 SVMC shall control.
21.60.060 Expiration date.
The planned action adopted pursuant to chapter 21.60 SVMC shall expire 20 years from the effective date of the
ordinance unless otherwise repealed or readopted following a public hearing.
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