Chapter 21.73
ESSENTIAL PUBLIC FACILITIES

Sections:

21.73.010    Purpose – Applicability.

21.73.020    Siting or expansion of local essential public facilities.

21.73.030    Siting and expansion of state and regional essential public facilities.

21.73.010 Purpose – Applicability.

A. Essential public facilities are necessary and important in the provision of public systems and services. The city of Lynnwood already hosts, is planning to host, or borders on a number of essential public facilities, including, but not limited to, the following:

1. I-5.

2. Sound Transit/Community Transit – Transit Center.

3. Sound Transit light rail stations, parking facilities, tracks and related facilities.

4. State Route 525.

B. The purpose of this chapter is to implement the Growth Management Act and the Lynnwood comprehensive plan by establishing processes for the siting and expansion of essential public facilities in the city of Lynnwood as necessary to support orderly growth and delivery of public services. The city’s goal in promulgating the regulations under this chapter is to ensure the timely, efficient and appropriate siting of EPFs while simultaneously identifying, analyzing, and mitigating adverse community and environmental impacts that may be created by such facilities. Nothing in this chapter should be construed as an attempt by the city to preclude the siting of essential public facilities in contravention of applicable state law. (Ord. 3126 § 3, 2015)

21.73.020 Siting or expansion of local essential public facilities.

A. A conditional use permit shall be required as provided in this section before any local essential public facility may be located or expanded within the city of Lynnwood, regardless of the zoning district in which such facility is or is proposed to be located.

B. A complete application for a conditional use permit for a local essential public facility shall include all items required under Chapter 21.24 LMC.

C. A conditional use permit for a local essential public facility shall be approved upon a determination that:

1. The project sponsor has demonstrated a need for the project, as supported by a detailed written analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;

2. The project sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology, as verified by the city and reviewed by associated jurisdictions and agencies;

3. The local essential public facility is not located in any residential zoning districts, except as provided in this subsection. If the land on which a local essential public facility is proposed is located in a residential zoning district, the applicant must demonstrate that there is no other feasible location for the facility and that the exclusion of the facility from the residential districts of the city would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to be located in the residential zoning district; and

4. The local essential public facility meets all provisions of this code for development within the zoning district in which it is proposed to be located. If a local essential public facility does not meet all such provisions, the applicant must demonstrate that compliance with such provisions would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion.

D. The hearing examiner may approve, or approve with modifications, and impose reasonable conditions upon the local essential public facility in order to ensure that:

1. Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

2. Adequate service capacity is or will be made available to ensure that public agencies have the capacity to handle changes in the demand for public services that may occur as the result of the facility, including but not limited to insurance costs, public awareness and public education costs and that the facility will not adversely affect public safety;

3. Any and all probable significant adverse environmental impacts including, but not limited to, noise, air quality, habitat, soil quality and soil stability of neighboring properties and light pollution are adequately mitigated.

E. The decision criteria set forth herein shall not be applied in such a manner as to preclude the siting or expansion of any local essential public facility in the city of Lynnwood. In the event that a local essential public facility cannot, by the imposition of reasonable conditions of approval, be made to meet the decision criteria in this section on the preferred site described in the proposal, the hearing examiner shall either:

1. Require the local essential public facility to be located on one of the investigated alternative sites, if the proposal can be reasonably conditioned to meet the decision criteria at the alternative site; or

2. Approve the siting or expansion of the local essential public facility at the proposed site with such reasonable conditions of approval as may be imposed to mitigate the impacts of the proposal to the maximum extent practicable, if there is no available alternative site on which the decision criteria can be met. (Ord. 3126 § 3, 2015)

21.73.030 Siting and expansion of state and regional essential public facilities.

A. A development agreement shall be required as provided by Chapter 21.29 LMC and this section before any state or regional essential public facility may be located or expanded within the city of Lynnwood. Any proposal for the siting or expansion of a state or regional essential public facility shall follow the procedures established by the LMC for the underlying land use permit, such as short subdivision, binding site plan, or project design review, prior to the public hearing for the development agreement. If the underlying permit ordinarily requires a public hearing, the public hearing required for the underlying permit shall be consolidated with the public hearing for the development agreement. Notice of the application and the required public hearing shall be given as required for the underlying permit and for development agreements. The siting process for a secure community transition facility shall be as provided by LMC 21.24.410.

B. If the land on which a state or regional essential public facility is proposed is located in a residential zoning district, the applicant shall have the burden to demonstrate that there is no other feasible location for the facility and that the facility is not expected to result in unmitigated significant adverse impacts. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to be located in the residential zoning district.

C. State and regional essential public facilities shall meet all applicable provisions of the LMC. If a proposed state or regional essential public facility does not meet all such provisions, the applicant shall have the burden to demonstrate that compliance with such provisions would either preclude the siting of such facilities in the city, or would not result in the public benefit related to the provision. If the applicant is able to make such a demonstration, the development agreement may authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary.

D. The city council may approve, or approve with modifications, and impose reasonable conditions upon the state or regional essential public facility in order to ensure that:

1. Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

2. Adequate service capacity is or will be made available to ensure that public agencies have the capacity to handle changes in the demand for public services that may occur as the result of the facility, including but not limited to insurance costs, public awareness and public education costs, and that the facility will not adversely affect public safety;

3. Any and all probable significant adverse environmental impacts including, but not limited to, noise, air quality, habitat, soil quality and soil stability of neighboring properties and light pollution are adequately mitigated.

E. The city council may not preclude the siting or expansion of a state or regional essential public facility, but may impose reasonable conditions in order to mitigate adverse impacts that may otherwise occur. (Ord. 3126 § 3, 2015)