Ordinance 20-010 Essential Public Facilities CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 20-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING CHAPTERS 19.60 AND 19.90 OF THE SPOKANE
VALLEY MUNICIPAL CODE RELATED TO ESSENTIAL PUBLIC FACILITIES,AND
OTHER MATTERS RELATING THERETO.
WHEREAS,the City of Spokane Valley(City) previously adopted Title 19 of the Spokane Valley
Municipal Code(SVMC)relating to zoning and Iand use regulations,and has made subsequent amendments
from time-to-time as appropriate; and
WHEREAS, such regulations are authorized by chapter 36.70A RCW; and
WHEREAS, City staff have proposed an amendment to the SVMC to amend chapters 19.60 and
19.90 to allow Essential Public Facilities (EPF's) in the Mixed Use (MU) zone and prohibit locally
significant EPF's in single family zones; and
WHEREAS, on July 30, 2020 the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a notice of intent to adopt amendments to Spokane Valley
development regulations;and
WHEREAS, on June 19 and 26, 2020, notice of the Planning Commission public hearing was
published in the Valley News Herald; and
WHEREAS, on June 11,2020, the Planning Commission held a study session; and
WHEREAS, on July 9, 2020, the Planning Commission held a public hearing, received evidence,
information,public testimony, and a staff report with a recommendation, followed by deliberations; and
WHEREAS, on July 23,2020.,the Planning Commission approved the findings and recommended
that City Council adopt the amendments; and
WHEREAS, on August II, 2020, City Council reviewed the proposed amendments, Planning
Commission Findings and Recommendations; and
WHEREAS, on August 25, 2020 City Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, the amendment set forth below is consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, chapters 19.60 and 19.90 SVMC as amended, bear a substantial relation to the public
health, safety, welfare and protection of the environment.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend chapters 19,60 and 19.90
SVMC to allow EPF's in the MU zone and to prohibit Iocally significant EPF's in the single family zones
within the City of Spokane Valley.
Ordinance 20-010—Essential Public Facilities Page 1 of 9
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes the following findings:
A. Growth Management Act Policies - Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development
regulations that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals
and policies consistent with the GMA and adopted County-Wide Planning Policies, set
forth below.
LU-G1 Maintain and enhance the character and quality of life in Spokane Valley.
LU-G2 Provide for land uses that are essential to Spokane Valley residents,
employees, and visitors.
CF-P19 Collaborate with Spokane County jurisdictions in determining the best
Iocations for public and private essential public facilities.
LU-P5 Ensure compatibility between adjacent residential and commercial or
industrial uses.
LU-P7 Protect residential neighborhoods from incompatible land uses and adverse
impacts associated with transportation corridors.
H-P4 Enable the creation of housing for resident individuals and families needing
assistance from social and human service providers.
CF-Gl Coordinate with special districts, other jurisdictions, and the private sector to
effectively and affordably provide facilities and services.
C. Conclusions
1. The proposed amendment bears substantial relation to public health, safety,
welfare and protection of the environment. Precluding locally significant
EPFs in the single-family residential zones protects the character of the
existing single family residential uses and allows those EPFs that have a
residential component to locate in other mixed use or high density residential
zones. The proposed amendment protects residential neighborhoods from
incompatible land uses and provides for EPFs that require a residential
character. The amendment addresses community concerns and protects
community character. The amendment will also direct locally significant
EPFs into zones and sites more suitable and allow for more efficient
processing and permitting of the necessary services they provide.
2. The proposed City-initiated Code text amendment is consistent with the
City's adopted Comprehensive Plan and the approval criteria pursuant to
SVMC 17.80.150(F).
Ordinance 20-010—Essential Public Facilities Page 2 of 9
Section 3. Amendment. Chapter 19.60 SVMC is hereby amended as follows:
19.60.040 Explanation of table abbreviations.
The following describe the abbreviations used in SVMC 19.60.050, Permitted uses matrix:
A. Permitted uses are designated with a"P."Permitted uses are allowable uses within a zoning district.
B. Conditional uses are designated with a"C."Conditional uses are authorized pursuant to Chapter 19.150
SVMC, Conditional Use Permits.
C. Essential Public Facility (EPF) uses are designated with an "E." Essential Public Facility uses are of
statewide, regional/countywide or local significance. EPF's shall be subject to chapter 19.90 SVMC,
Essential Public Facilities (EPFs).
D.Uses subject to supplemental use regulations are designated with an "S."The Supplemental regulations
are set forth in Chapter 19.65 SVMC and shall apply to the corresponding supplemental uses listed in
SVMC 19.60.050, Permitted uses matrix.
E. Prohibited uses are designated with a blank cell.
19.60.050 Permitted uses matrix.
Parks
and
Mixed Open
Residential Use Commercial Industrial Space
R- R R- R-
1 2 3 4 MFR MU CMU NC RC 1MU I POS
Agriculture and Animal
Animal processinglhandling P
Animal raising and/or keeping SSSS S S S
An i mal shelter S P P
Beekeeping, commercial P
Beekeeping,hobby SS SS
Community garden SSSS S S S S
Greenhouse/nursery, commercial P P P
Kennel S S S S P P
Orchard,tree farming, commercial P P
Riding stable P P C
Communication Facilities
Radio/TV broadcasting studio P P P P
Repeater facility PPPP P P P P P
Small cell deployment SS SS S S S S S S S S
Telecommunication wireless antenna array SS SS S S S S S S S
Ordinance 20-010—Essential Public Facilities Page 3 of 9
Parks
and
Mixed Open
Residential Use Commercial Industrial Space
R- R- R- R-
1 ' 2 3 4 MFR MU CMU NC RC IMII I POS
Telecommunication wireless support tower SS SS S S S S S S S
Tower, ham operator SS SS S S S S S S S
Community Services
Community hall, club, or lodge PP P P P P P P
Church,temple, mosque, synagogue and house PP PP P P P P P
of worship
Crematory P P P P
Funeral home P P
Transitional housing C
Day Care
Day care, adult PPPP P P P P P P P
Day care, child(12 children or fewer) PP PP P P P P P P P
Day care, child(13 children or more) CCCC P P P P P P P
Eating and Drinking Establishment P P P P P P S
Education
Schools, college or university P PP
Schools, K through 12 P P F P P P P P P
Schools, professional,vocational and trade P P P P P P
schools
Schools, specialized training/studios P P P P
Entertainment
Adult entertainment and retail S
Casino P P P
Cultural facilities P P P P
Exercise facility S S S S
Off-road recreational vehicle use P P
Major event entertainment P P P
Racecourse P P P P
Racetrack P P
Recreational facility P P P P P P
Theater, indoor P P P
Group Living
Ordinance 20-010—Essential Public Facilities Page 4 of 9
Parks
and
Mixed Open
Residential Use Commercial Industrial Space
R- R- R- R-
1 2 3 4 MFR MU CMU NC RC IMU I POS
Assisted living/convalescent/nursing home PP P P
Community residential facilities(6 residents or PPPP P P P
less)
Community residential facilities (greater than 6 P P P
and under 25 residents)
Dwelling, congregate P P P
Industrial,Heavy
Assembly,heavy P
Hazardous waste treatment and storage S S
Manufacturing,heavy P
Processing, heavy P
Mining S
Industrial,Light
Assembly, light P P P P P
Manufacturing, light P P P
Processing, light P P
Recycling facility S S S S
Industrial service P P
Lodging
Bed and breakfast P PPP P P
Hotel/motel P P P P S
Recreational vehicle park/campground S
Marijuana Uses
Marijuana club or lounge
Marijuana cooperative
Marijuana processing S S
Marijuana production •
S S
Marijuana sales S S S
Marijuana transporter S S S
Medical S P P P P P
Office
Animal clinic/veterinary S S S S S
Ordinance 20-010—Essential Public Facilities Page 5 of 9
Parks
and
Mixed Open
Residential Use Commercial Industrial Space
R- R- R- R-
1. 2 3 4 MFR MU CMU NC RC EAU I POS
Office,professional P P P P P PP
Parks and Open Space
Cemetery PPPP
Golf course PPPP P P PP P
Golf driving range C C C C C P C PP P
Parks PPPP P P P P P P
Public/Quasi-Public
Community facilities PPPP P P P P P P P P
Essential public facilities EEEE E E E E E E E
Public utility local distribution facility SS SS S S S S P PP S
Public utility transmission facility SSSS S S S S S S S S
Tower,wind turbine support S S S S
Residential
Dwelling, accessory units SSSS S S S S S
Dwelling, caretaker's residence S S S S S
Dwelling, cottage SS S S
Dwelling, duplex S P P P P
Dwelling, industrial accessory dwelling unit S S
Dwelling,multifamily P P P
Dwelling, single-family PPPP P P P P
Dwelling,townhouse SS S S S
Manufactured home park S S S
Retail Sales and Service P P S P P S S
Transportation
Airstrip, private P P
Battery charging stations SSSS P P P P P P P S
Electric vehicle infrastructure P P P P P P P
Heliport P P
Helistop C C P
Parking facility controlled access P P P P P
Railroad yard, repair shop and roundhouse P
Ordinance 20-0I0—Essential Public Facilities Page 6 of 9
Parks
and
Mixed Open
Residential Use Commercial Industrial Space
R-
1 2 3 4 MFR MU CMU NC RC 1MU I POS
Transit center P P P P P
Vehicle Services
Automobile impound yard P P
Automobile/taxi rental P P P P P
Automobile parts, accessories and tires P P P P P
Automobile/truck/RV/motorcycle painting, P P P P
repair, body and fender works
Car wash P P 5 P P P
Farm machinery sales and repair P P P
Fueling station P P S P P P
Heavy truck and industrial vehicles sales, rental, P P
repair and maintenance
Passenger vehicle, boat, and RV sales, service P P I'
and repair
Towing P P P P
Truck stop P P
Warehouse,Wholesale, and Freight
Movement
Auction house P P P
Auction yard (excluding livestock) P P
Catalog and mail order houses P P P P P
Cold storage/food locker P P
Freight forwarding P P
Grain elevator P P
Storage, general indoor P P S P P P
Storage, general outdoor S S S S P P
Storage, self-service facility P P P P P P
Tank storage, critical material above ground S S
Tank storage, critical material below ground S S S
Tank storage, LPG above ground S S S S S S
Warehouse P P P P P
Wholesale business P P P P P
Ordinance 20-010—Essential Public Facilities Page 7 of 9
Section 4. Amendment. Chapter 19.90 SVMC is hereby amended as follows:
19.90.005 Essential Public Facilities procedures
A. General. All Essential Public Facilities (EPFs) shall be subject to the requirements of this section.
B. Determination of Scope. The City is signatory to an interlocal agreement relating to the siting of EPFs
of statewide and regional significance in accordance with RCW 36.70A.200.
1. Application for EPF siting shall initially be made through the Spokane County department of
planning and building(or similar applicable department if modified)in accordance with the adopted
procedures of Spokane County.
2, The Board of County Commissioners will make a determination of whether an EPF has
regional/statewide significance or is of local significance.
C. All EPFs located within the City shall be subject to the conditional use permit approval process and
shall require a conditional use permit, subject to any limitations on that process pursuant to applicable law
regarding siting of EPFs of regional/statewide significance.
D. Spokane Valley shall require EPFs approved through the regional/statewide siting process in SVMC
1990.010 to meet all applicable SVMC requirements except those expressly obviated as a result of that
regional/statewide siting process. The City shall consider all information submitted as part of the
regional/statewide siting process,
E. EPFs of regional/statewide significance shall be further subject to the siting process and requirements
of SVMC 19.90.010. EPFs of local significance shall be further subject to the siting process and
requirements of SVMC 19.90.020.
19.90.010 Essential Public Facilities of regional/statewide significance.
A. EPFs having statewide significance are major facilities that provide a needed public service affecting,
or potentially affecting, residents and/or property located in two or more Washington state counties and
may be included on the Washington State Office of Financial Management list of EPFs. These facilities
include, but are not limited to, regional transportation facilities, such as commercial and military airports;
freeways, highways, and beltways; state correctional facilities; secure community transitional facilities;
state social services; state parks; and state higher educational facilities.
B. EPFs having regional/countywide significance are local or interlocal facilities providing a needed public
service affecting, or potentially affecting,residents and/or property located in two or more Spokane County
jurisdictions. They include, but are not limited to, general aviation airports; county correctional facilities;
regional transportation system; public transit maintenance and operational facilities; regional solid waste
disposal/recycling/composting/handling facilities; community colleges; regional wastewater treatment
facilities; arenas, stadiums, and other entertainment facilities; and regional social and health services such
as in-patient hospitals, mental health facilities, and substance abuse treatment centers.
Statewide/Regional EPFs shall be sited through the applicable regional/statewide siting process, including
applicable procedures established pursuant to any interlocal agreement between the City and Spokane
County.
C. Following ranking of sites by the board of county commissioners,the applicant shall work directly with
the City to meet the regulatory requirements for the construction and operation of the facility under the
plans and regulations that were in effect at the time of initial application under the regional siting process.
Ordinance 20-010—Essential Public Facilities Page 8 of 9
19.90.020 Essential Public Facilities of local significance.
A. EPFs having local significance are facilities providing a needed public service affecting, or potentially
affecting, only residents and/or property within the jurisdiction in which they are located.
B. All EPFs having local significance may only be permitted in the MFR, MU, CMU,NC, RC, IMU, and
I zones and shall not be permitted in the R-I, R-2, R-3, or R-4 zones.
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 of Spokane Valley
as provided by law.
Passed by the City Council this 8th day of September, 2020.
ATTES : Li)
r Ben Wick, Mayor
iristine Bainbridge, City Clerk
Approved as to Form:
Office of the City~ ttorney
Date of Publication: f
Effective Date: f ) ! d
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