Loading...
Ordinance 16-002 Mining Renewal Findings CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 16-002 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 WITH MODIFICATIONS, 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pursuant to Ordinance No. 15-013, the moratorium shall expire at 11:59 p.m. on February 23, 2016, unless otherwise repealed, extended, or modified by the City Council prior to such expiration; and WHEREAS, the City does not anticipate it will complete its Comprehensive Plan Update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 February 23, 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 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 Ordinance 16-002 Page 1 of 7 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. 15-013, on January 5, 2016, the City Council conducted a properly noticed public hearing on the 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 two interested parties, and each party submitted additional written comments. Further, the City received written comments on January 8,2016, which have been considered by City Council as part of the record for such renewal; and WHEREAS,City Council has determined based upon public testimony received that a modification to the moratorium regarding impacts to existing mines and mines that received an"SM-6 Form"as part of their reclamation permitting process from the Washington Department of Natural Resources prior to the establishment of the moratorium is appropriate to give effect to City Council's original desire that the moratorium not impact existing and ongoing mining business operations; 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 January 5,2016,the City Council conducted a public hearing on a 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. The City Council hereby adopts the following as findings of fact in support of 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 with modifications: 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. 15-013, 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. Ordinance 16-002 Page 2 of 7 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, 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. Pursuant to Section 5 of Ordinance No. 15-013, the moratorium will last"until 11:59 p.m. on February 23, 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." 9. 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." 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 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 Ordinance 16-002 Page 3 of 7 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. 16. The City has a finite amount of available undeveloped industrial land. 17. 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. 18. 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. 19. Pursuant to Section 3 of Ordinance No. 15-013, the City Council established a work plan in order to adequately consider (a) 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. 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 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. 20. Pursuant to chapter 36.70A RCW,the City is in the process of developing its Comprehensive Plan Update. 21. 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 Ordinance 16-002 Page 4 of 7 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. 22. 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. 23. 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. 24. 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. 25. 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 February 23, 2016. 26. 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. 27. 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 Ordinance 16-002 Page 5 of 7 for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal." 28. 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. 29. 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. 30. 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. 31. Staff has determined that a six-month renewal of the moratorium on mining and/or related mining site operations originally established pursuant to Ordinance No. 15-013 with modifications is categorically exempt from threshold determination and EIS requirements pursuant to Washington Administrative Code 197-11-800(19). 32. Notice of the public hearing on January 5, 2016,was published in the City's legal publication, the Valley News Herald, on December 11, 18, and 25,2015, and January 1,2016. 33. On January 5, 2016, City Council conducted a properly noticed public hearing on a 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. 34. 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. The City Council has given due consideration to all public testimony received, including the written testimony received on January 8, 2016. 35. A modification to the moratorium regarding mining operations where the operator received a SM-6 Form prior to the establishment of the moratorium is appropriate to give effect to City Council's original desire that the moratorium not impact existing and ongoing mining business operations. 36. The adoption of a 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 with modifications,is consistent with the goals and policies of the City's Comprehensive Plan and the development of the City's Comprehensive Plan Update. Ordinance 16-002 Page 6 of 7 37. The City Council finds that a six-month renewal of the moratorium originally imposed and established by Ordinance No. 15-013 with modifications 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 9`1 day of February, 2016. ` . ip/ ATTES . L.R Higgins, . o NIL icy Clerk, Christine Bainbridge Approved as ti orm: Office o the Ci 41: -oiney Date of Publication: February 12, 2016 Effective Date: February 17, 2016 Ordinance 16-002 Page 7 of 7