Chapter 21.60
NORTHEAST INDUSTRIAL AREA PLANNED ACTION ORDINANCE (NIA-PAO)
Sections:
21.60.010 Purpose of the Northeast Industrial Area PAO.
21.60.030 Procedures and criteria for evaluating and determining projects as planned actions.
21.60.040 Monitoring and review.
21.60.010 Purpose of the Northeast Industrial Area PAO.
The purpose of this chapter is to:
A. Set forth a procedure designating certain projects within the boundaries of the geographic area described in SVMC 21.60.030 as “planned actions” consistent with RCW 43.21C.031;
B. Streamline the land use permit review process for projects which qualify as planned actions within the Northeast Industrial Area (NIA) by relying on the supplemental environmental impact statement (SEIS) completed for the NIA; and
C. Ensure that projects designated as planned actions are appropriately mitigated and conditioned so that no adverse impacts to the environment will occur as a result of development approval. (Ord. 19-002 § 3 (Exh. A), 2019).
21.60.020 Findings.
A. The City is subject to the full requirements of Chapter 36.70A RCW, the Growth Management Act, located within an urban growth area, and has an adopted Comprehensive Plan in compliance with the Growth Management Act;
B. The NIA-SEIS is consistent with the Comprehensive Plan and has been prepared and adopted under the provisions of the GMA and SEPA;
C. The NIA-SEIS identified and addressed all significant environmental impacts associated with land uses as described in the SEIS;
D. The thresholds described in the SEIS are adequate to identify significant adverse environmental impacts;
E. The mitigation measures contained in the SEIS, together with applicable City development standards, are adequate to mitigate the significant adverse environmental impacts anticipated from development in NIA;
F. The expedited permit review process, as set forth in Chapter 21.60 SVMC, will benefit the public, adequately protect the environment, and enhance the economic development of the Northeast Industrial Area;
G. Opportunities for public involvement and review have been provided, and comments considered as part of the preparation of the draft and final supplemental environmental impact statement;
H. The uses allowed by the City’s industrial zoning classification will implement the Comprehensive Plan;
I. The NIA planned action is not an essential public facility as defined by RCW 36.70A.200(1);
J. Chapter 21.60 SVMC shall be known as the “Northeast Industrial Area Planned Action Ordinance.” (Ord. 19-002 § 3 (Exh. A), 2019).
21.60.030 Procedures and criteria for evaluating and determining projects as planned actions.
A. To qualify for a planned action designation, a project application shall comply with the following:
1. Be located entirely within the planned action area, as defined in Figure 21.60-1.
Figure 21.60-1 – Northeast Industrial Area Planned Action Area
2. Have primary uses that meet the definitions of light industrial, heavy industrial; or warehouse, wholesale, and freight movement use categories as set forth in Appendix A, Definitions.
3. Submit an environmental checklist or other project review form pursuant to SEPA.
4. Submit estimates of total building gross square footage and/or number of employees to provide sufficient information for the City to estimate the number of PM peak hour trips for the project.
5. Not exceed a cumulative PM peak hour trip count of 1,340 trips from all development within the NIA from the effective date of Chapter 21.60 SVMC.
6. Meet density and dimensional requirements for nonresidential standards pursuant to SVMC 19.70.030.
7. Pay a proportionate share of off-site improvements based on PM peak hour trips as provided in the NIA-SEIS to mitigate transportation related impacts. The fee is $2,831 per PM peak hour trip.
8. Submit a signed “Sewer Planning Requirements Form” as specified by Spokane County Environmental Services.
9. Project impacts may be mitigated through the application of the mitigation measures detailed in NIA-SEIS, as well as other City, state, and/or federal regulations.
B. Planned Action Review Criteria.
1. The City shall base its decision to designate a project a planned action through review of an environmental checklist or other project review form pursuant to SEPA and the review of the application and supporting documentation.
2. The City shall designate a project as a planned action, pursuant to Chapter 21.60 SVMC and SEPA, if it meets the following conditions:
a. The project is not otherwise exempt from SEPA.
b. The project is consistent with the NIA-SEIS and the adopted City of Spokane Valley Comprehensive Plan.
c. The project has had its significant adverse environmental impacts adequately identified and addressed in the NIA-SEIS.
d. The project impacts may be mitigated through the application of the mitigation measures detailed in the NIA-SEIS, as well as other City, state, and/or federal regulations.
e. The project complies with all applicable City, county, state and federal regulations, and, where appropriate, the project complies with needed variances, modifications, or other needed permits and conditions.
f. The project meets all the planned action qualifications pursuant to SVMC 21.60.030(A).
g. The project is not an essential public facility as defined in RCW 36.70A.200.
3. A project that meets the criteria and qualifications for a planned action shall not require a SEPA threshold determination, preparation of an EIS, SEPA appeal, or any additional review pursuant to SEPA.
4. Should environmental conditions change significantly from those analyzed in the NIA-SEIS, the City may determine that the planned action designation is no longer applicable until an environmental review is conducted.
C. Planned Action Permit Process and Application.
1. Applications for planned actions shall be reviewed pursuant to the following process:
a. Application shall be made on forms provided by the City and shall include a SEPA checklist, or approved planned action checklist.
b. The department shall determine whether the application is complete pursuant to Chapter 17.80 SVMC.
c. After the City receives a complete application, the responsible SEPA official shall determine, pursuant to the criteria and procedures of Chapter 21.60 SVMC, whether the project qualifies as a planned action. Once a project is determined to quality as a planned action, the City shall:
i. Notify the applicant, and the project shall proceed in accordance with the applicable permit review procedures specified in Chapter 17.80 SVMC; and
ii. Notify utility providers in the area, such as: sewer, water, power, natural gas, and telecommunication, of a pending development under the NIA-PAO. Notice shall also be provided to Spokane Clean Air or their successor. The notice required by this section may be combined with the public notice required or provided with the underlying permit and may take the form of the environmental checklist or other project review form. Notice provided shall not be less than 14 days.
d. If a project does not qualify as a planned action, the City shall notify the applicant. The notice shall describe the elements of the application that result in failure to qualify as a planned action. The notice shall also prescribe a SEPA review procedure consistent with the City’s local SEPA regulations and the requirements of state law.
e. Projects that fail to qualify as planned actions may incorporate or otherwise use relevant elements of the NIA-SEIS or other relevant environmental review documents to meet SEPA requirements. The City may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the NIA-SEIS.
f. The decision regarding qualification as a planned action shall be final. (Ord. 19-002 § 3 (Exh. A), 2019).
21.60.040 Monitoring and review.
A. The City shall monitor the progress of development within the designated planned action area to ensure that development is consistent with the assumptions of Chapter 21.60 SVMC and the NIA-SEIS. Development shall be monitored regarding the type and amount of development, the associated impacts of that development, and the adequacy of the mitigation measures identified in Chapter 21.60 SVMC and the NIA-SEIS.
B. The total number of PM peak hour trips available at the time Chapter 21.60 SVMC becomes effective is 1,340 PM peak hour trips. The City shall have an internal tracking system for the number of PM peak hour trips available within the planned action boundary. The tracking system shall reduce available PM peak hour trips at the time an application is deemed complete. Trips shall be reintroduced if the building permit expires without construction of the project.
C. The planned action ordinance codified in this chapter shall be reviewed no later than six years from its effective date to determine the continuing relevance of its assumptions and findings with respect to environmental conditions in the planned action area, the impacts of development, and required mitigation measures. The City, based upon this review, may propose amendments to this chapter and/or may supplement or revise the NIA-SEIS. (Ord. 19-002 § 3 (Exh. A), 2019).
21.60.050 Conflict.
In the event of a conflict between Chapter 21.60 SVMC or any mitigation measure imposed thereto, and any other adopted regulation of the City, the provisions of Chapter 21.60 SVMC shall control. (Ord. 19-002 § 3 (Exh. A), 2019).
21.60.060 Expiration date.
The planned action adopted pursuant to Chapter 21.60 SVMC shall expire 20 years from the effective date of the ordinance codified in this chapter unless otherwise repealed or readopted following a public hearing. (Ord. 19-002 § 3 (Exh. A), 2019).