Chapter 14.54
ESSENTIAL PUBLIC FACILITIES
Sections:
14.54.040 Application requirements.
14.54.050 Initial determination.
14.54.080 Conditions of approval.
14.54.010 Purpose.
This Chapter provides for the higher scrutiny necessary to permit certain regional uses that will have potentially significant built and natural environmental impacts that can adversely affect the rural character of the surrounding area. (Ord. O20250005 § 2 (Exh. A))
14.54.020 Applicability
This Chapter applies to applications for essential public facilities. (Ord. O20250005 § 2 (Exh. A))
14.54.030 When allowed.
An essential public facility (EPF) may be permitted in the zones shown in the table below. In the table, “R” means a regional EPF is allowed in the zone; “L” means a local EPF is allowed in the zone. Inclusion in the table does not presume that a specific use in a given zone will be determined to be appropriate.
|
Type of Use |
AVR |
BR-LI |
BR-HI |
IF-NRL |
RFS |
RVR |
RRc-NRL |
RRv |
RI |
SF-NRL |
|---|---|---|---|---|---|---|---|---|---|---|
|
Airports |
R |
|
R |
|
|
|
|
|
|
|
|
State educational facility |
|
|
|
|
|
|
R, L |
R, L |
|
R, L |
|
State or regional transportation facility as defined in RCW 47.06.140 |
|
R, L |
R, L |
|
|
|
R, L |
R, L |
|
R, L |
|
Regional transit authority facility as defined in RCW 81.112.020 |
|
|
|
|
|
|
|
|
|
|
|
State/regional or local correctional facility |
|
|
|
|
|
|
R, L |
R, L |
|
R, L |
|
|
R, L |
R, L |
|
|
|
R, L |
|
|
R, L |
|
|
In-patient substance abuse, mental health, behavioral health, or secure community transition facility |
|
|
|
|
R, L |
|
|
R, L |
|
|
|
Power generation facility |
|
|
R, L |
R, L |
|
|
R, L |
|
|
R, L |
|
Oil and gas extraction |
|
|
|
R, L |
|
|
R, L |
|
|
R, L |
|
Regional wastewater treatment facilities |
|
|
R, L |
|
|
|
R, L |
R, L |
|
R, L |
|
Regional racetracks |
|
R, L |
R, L |
|
|
|
|
R, L |
|
|
|
Fairgrounds |
|
|
|
|
|
|
|
R, L |
|
|
|
Stadiums/arenas |
|
R, L |
R, L |
|
|
|
R, L |
R, L |
|
|
|
|
R, L |
|
|
|
|
|
R, L |
R, L |
|
|
|
Regional performing center |
|
R |
|
|
|
R |
|
R |
R |
|
(Ord. O20260004 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))
14.54.040 Application requirements.
In addition to the requirements in SCC 14.06.230, an application for an essential public facility must include the following:
(1) A detailed written description of the proposed and potential public services to be provided, including a proposed site plan, the proposed service area of the facility, the source or sources of funding, and identification of any applicable public regulatory agencies or regional State or Federal project agency sponsors and the Federal or State authority which the agency has been granted for siting decision-making;
(2) A written statement of the need, in statistical or narrative form, for the proposed project currently and over the following 10-year period;
(3) An inventory of known, existing or proposed facilities, by name and address, within Skagit County, or within the region, serving the same or similar needs as the proposed project;
(4) An explanation of the need and suitability for the proposed facility in the proposed location(s);
(5) An assessment of the suitability of the proposed location in the County or another jurisdiction in terms of local, County, regional and/or State needs in order to minimize public costs (where appropriate) and environmental impacts, to discern the suitability of the facility’s location in the city or within another jurisdiction, to determine the number of jurisdictions affected or served by the proposed EPF, and to decide what, if any, interjurisdictional approach is most appropriate or available;
(6) An analysis of the environmental, social, economic, financial and infrastructure impacts of the proposed EPF, including an assessment of the proportionate financial impacts on affected jurisdictions, consideration copies of agreements which allocate the financial burdens of the proposed project on the city and other jurisdictions, and the approximate area within which the proposed project could potentially have adverse impacts, such as increased traffic, public safety risks, noise, glare, emissions, or other environmental impacts;
(7) An analysis of the proposal’s consistency with the County’s Comprehensive Plan and development regulations, and plans and policies of other affected jurisdictions, including but not limited to Skagit County Countywide planning policies;
(8) Documentation of public involvement efforts to date, including public and agency comments received, and plans for future public participation;
(9) All application materials required by other provisions of Skagit County Code for components of the project not covered by this Chapter, such as platting requirements, critical area code compliance, traffic concurrency, Comprehensive Plan and zoning, etc., so that code compliance for all components of the project can be reviewed together;
(10) Any additional information requested by the Director necessary to complete the preliminary analysis or to otherwise assist the Department and Hearing Examiner in making recommendation(s) and the Board of County Commissioners in making the final determination on the application. (Ord. O20250005 § 2 (Exh. A))
14.54.050 Initial determination.
After receipt of an application for an EPF, the Director must determine if the EPF is of local or regional scale.
(1) A regional EPF is a major facility that provides public services to more than one county, where the provider has statutory authority to site and construct the facility, or where a regional, intergovernmental siting process has been followed. An application for a regional EPF is subject to the type of review specified in SCC 14.06.150.
(2) A local EPF serves residents or property in Skagit County and is not a regional EPF. An application for a local EPF is subject to the type of review specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))
14.54.060 Public notice.
(1) Regional EPF.
(a) In addition to such other notice as may be required by law before the siting decision, and at least 90 days before submitting an application for a regional EPF, the applicant must notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal.
(b) Published notice must be in a newspaper of general circulation in the affected area, and must include the information described above.
(c) The purpose of this provision is to enable potentially affected jurisdictions and the public to collectively review and comment on alternative sites for major facilities before the project sponsor has made their siting decision. Facilities identified and sited in the County’s Comprehensive Plan are considered to have enabled potentially affected jurisdictions and the public to collectively review and comment on alternative sites.
(2) Local EPF. An application for a local EPF is subject to the standard notice requirements for the type of review specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))
14.54.070 Review criteria.
The burden of proof is on the applicant to provide evidence in support of the application. To be approved, the application must meet all of the following criteria:
(1) The characteristics of the use must not be unreasonably incompatible with the types of uses permitted in surrounding areas;
(2) The proposed use must not create undue noise, odor, heat, vibration, air and water pollution impacts on surrounding existing or potential dwelling units;
(3) The use must not materially endanger the health, safety and welfare of the community;
(4) The use is such that pedestrian and vehicular traffic associated with the use must not be hazardous or conflict with existing and anticipated traffic in the local area;
(5) The use must be supported by adequate public facilities or services and must not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts;
(6) The location, size and height of buildings, structures, walls and fences and screening vegetation for the use must not hinder or discourage the appropriate development or use of neighboring properties;
(7) The use is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this Title. In particular, the factors of Capital Facilities Element Policies 5.4.2, 5.4.3, and 5.8 and Essential Public Facilities Policy 3.2 must be addressed;
(8) For uses outside of urban growth areas, extension, construction, or maintenance of urban services and facilities is not required, unless no practicable alternative exists;
(9) No feasible alternative sites exist that better meet the requirements of these criteria;
(10) The need for the use at a specific location is necessary, taking into account region-wide distribution of facilities and the capacity and location of equivalent facilities;
(11) For uses in or adjacent to IF-NRL, SF-NRL, AG-NRL, and RRc-NRL zoned lands, the impacts on the long-term natural resource management and production must be minimized;
(12) For State-owned essential public facilities, the State must provide justification for the facility and its location in Skagit County based on forecasted needs and a logical service area; and
(13) For State-owned essential public facilities, the State must have established a public process by which the residents of the County and of affected and “host” municipalities have a reasonable opportunity to participate in the site selection process. (Ord. O20250005 § 2 (Exh. A))
14.54.080 Conditions of approval.
If approved, the conditions of approval for the use must address the review criteria in this Chapter and the following:
(1) Accessibility;
(2) Transportation needs and services;
(3) Supporting public facility and public service needs and the availability thereof;
(4) Site design;
(5) Time required for construction;
(6) Control of on-site and off-site impacts during construction;
(7) Facility operations;
(8) Impacts on critical areas;
(9) Maintenance of standards congruent with applicable governmental regulations, particularly as they may change and become more stringent over time; and
(10) Expediting and streamlining necessary governmental approvals and permits. (Ord. O20250005 § 2 (Exh. A))