Ordinance 16-003 Mining Renewal CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 16-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,ADOPTING 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February 23, 2016, unless otherwise repealed, extended, or modified by the City Council prior to such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 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 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
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
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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 a"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; and
WHEREAS, on February 9, 2016, pursuant to Ordinance No. 16-002, City Council adopted
findings of fact justifying 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; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the
requirements of a threshold determination under the State Environmental Policy Act; and
WHEREAS, the City Council finds 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 in the public interest and necessary for the preservation of the public health, public safety,
public property, and public peace.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Public hearing; findings of fact. Pursuant to RCW 35A.63.220 and RCW
36.70A.390,the City Council has conducted a properly noticed public hearing and adopted findings of fact
justifying 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.
Section 2. Moratorium Renewed.
A. The 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 as
originally established pursuant to Ordinance No. 15-013 is hereby renewed and extended for a six-month
(180 day) period as set forth in Section 4 herein.
B. Nothing herein shall affect the processing or consideration of any existing and already-
submitted complete land-use or building permit applications that may be subject to vested rights as provided
under Washington law.
C. This renewed moratorium shall not affect any mining or mining site operations, including
excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, that
were in existence and in continuous and lawful operation as of the effective date of Ordinance No. 15-013.
This renewed moratorium shall also not affect any proposed mine or mining site operation that had, prior
to the effective date of Ordinance No. 15-013,received a Washington State Department of Natural Resource
County or Municipality Approval for Surface Mining Form (commonly referred to as a"SM-6 Form")for
the site of the proposed mine or mining site operation. This Section 2(C)shall allow the City to accept and
process any permit applications or licenses for such mining operations and sites;provided, however, nothing
in this Section 2(C) shall be construed as an approval or acceptance by the City of any mining or mining
site operations, legal rights relating to any such sites or operations, or approval, permission, allowance, or
Ordinance 16-003 Page 2 of 3
authority to mine without receiving all applicable and necessary City permits or licenses relating to any
specific mine or mining site operation.
Section 3. Work Plan. The work plan established pursuant to Ordinance No. 15-013 shall be
continued as part of the renewal of the moratorium as set forth herein.
Section 4. Duration. The moratorium as renewed herein shall be in effect as of the date of
this Ordinance and shall continue in effect for a period of six-months(180 days)from the original expiration
date of the moratorium until 11:59 p.m. on August 21,2016, 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.
Section 5. 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 6. 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 7. 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 9th day of February, 2116.
er c
L.R. Higgins, --.
ATTES
..A - / G u f l t
rty Clerk, Christine> ainbridge
Approved as to .: .
Office ofd, e Ci Ate•rney
Date of Publication: February 12, 2016
Effective Date: February 17, 2016
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