Chapter 20.176
ESSENTIAL PUBLIC FACILITIES
Sections:
20.176.040 Identification of essential public facilities.
20.176.050 Advisory committee.
20.176.060 Responsibilities of the advisory committee.
20.176.100 Secure community transition facilities.
20.176.020 Purpose.
The purpose of this chapter is to provide a cooperative and structured siting process for essential public facilities which is intended to implement the siting process established in the Countywide Planning Policies ratified by Walla Walla Municipal Resolution 93-71. (Ord. 2001-17 § 12 (part), 2001).
20.176.030 Scope.
This chapter applies to the siting of essential public facilities. These procedures do not displace the provisions of Chapter 20.126, Conditional Use, which apply to particular locations after development of site selection criteria and identification, analysis, and ranking of potential project sites in accordance with this chapter. The provisions of this chapter are deemed to be prerequisite steps in the conditional use process for essential public facilities.
A. This chapter does not apply to the siting of group housing for persons with a disability; and
B. Sections 20.176.050 and 20.176.060 do not apply to siting of essential public facilities for which a statutory siting process exists which preempts the siting process established by this chapter. (Ord. 2023-33 § 10, 2023; Ord. 2001-17 § 12 (part), 2001).
20.176.040 Identification of essential public facilities.
A. Essential public facilities may be identified by state statute.
B. State agencies may identify essential public facilities by including them on the list of essential state public facilities maintained by the State Office of Financial Management.
C. The city may identify essential public facilities to be located in the city by scheduling such facilities in its comprehensive plan.
D. All other facilities offered for identification as essential public facilities shall be submitted by interpretation request in accordance with Section 20.02.090. Such interpretation shall be made with an opportunity for public input, without public hearing, and with a right of appeal to the hearing examiner.
1. For the purpose of making the threshold determination on whether a proposed project is an essential public facility, notice of application shall be issued in accordance with Section 20.14.065.
2. Facilities offered for identification as essential public facilities by other local governments must be scheduled in their respective comprehensive plans. (Ord. 2008-24 § 16, 2008: Ord. 2001-17 § 12 (part), 2001).
20.176.050 Advisory committee.
When an essential public facility is identified and proposed to be located within the City, the local government(s) involved will appoint an advisory committee composed of citizen members selected to represent a broad range of interest groups.
A. The advisory committee shall consist of an odd number of members of no less than three and no more than nine, unless membership is expanded as provided in this section. If the governing bodies cannot agree upon the size of the committee, it shall be composed of seven members, unless membership is expanded as provided in this section. If the governing bodies cannot agree upon the method of appointment of committee members, the local government for the area in which the facility is initially proposed to be located shall be allowed to appoint a simple majority of the committee members and all other local governments involved shall be allowed to appoint at least one (1) member.
B. If the advisory committee finds it necessary to consider potential project sites in areas described in Section 20.176.060(D), it shall report its findings to the local government(s) which appointed the advisory committee and the governing body or bodies of the affected area(s). The governing body of each affected area shall be given thirty (30) days to appoint two (2) additional members to the advisory committee. (Ord. 2001-17 § 12 (part), 2001).
20.176.060 Responsibilities of the advisory committee.
It will be the responsibility of the advisory committee to develop specific siting criteria for the for the proposed project and to identify, analyze, and rank the potential project sites. In considering potential project sites, the committee shall not be limited to the area in which the project is initially proposed.
A. The committee shall consider the need for the particular facility in light of established level of service standards and planning assumptions.
B. The committee shall consider such factors required by law to be considered for the type of facility proposed.
C. The committee shall include an evaluation of feasible alternative sites and of equity in geographical distribution.
D. The committee shall not consider sites in unincorporated areas of Walla Walla County unless the Board of Commissioners for Walla Walla County has either appointed or been giving an opportunity to appoint committee member(s). The committee shall not consider sites in incorporated areas, unless the governing body for such area(s) have either appointed or been giving an opportunity to appoint committee member(s).
E. Committee meetings shall be conducted in accordance with Washington’s Open Public Meetings Act, RCW Ch. 42.30, as amended. (Ord. 2001-17 § 12 (part), 2001).
20.176.070 Conditional use.
Once siting criteria are developed and potential project sites are identified, analyzed and ranked, the conditional use process, Chapter 20.216, may be initiated for the highest ranked potential project site. If the highest ranked potential project site is unavailable or disapproved for a conditional use permit, the conditional use process may be initiated for the next highest ranked potential project site. The conditional use process may be initiated for lower ranked potential project sites in like manner if all higher ranked sites are either unavailable or disapproved for a conditional use permit. In addition to general review criteria and approval conditions considered during the conditional use process, such process shall also:
A. Evaluate of the extent to which design features or operational conditions can eliminate or reduce unwanted project impacts;
B. Where appropriate, establish incentives or require amenities for siting in particular areas.
C. Consider such criteria and conditions of approval by law to be considered for the type of facility proposed. (Ord. 2001-17 § 12 (part), 2001).
20.176.080 Timing.
The siting process and conditional use process shall each be concluded as soon as practicable; provided, however, that such processes shall be concluded no later than such period(s) required by law. (Ord. 2001-17 § 12 (part), 2001).
20.176.090 Appeal.
Siting decisions may not be appealed until conclusion of the conditional use process. The time period for filing an appeal of a siting decision shall commence on the date the Hearing Examiner either grants or denies approval of a conditional use request. Appeal of siting decisions shall be consolidated with the appeal of conditional use decisions and be made in accordance with Chapter 20.38, Closed Record Decisions and Appeals. (Ord. 2001-17 § 12 (part), 2001).
20.176.100 Secure community transition facilities.
Only those secure community transition facilities proposed in accordance with subsections (6) and (7) of section 201 of Chapter 12, Laws of 2001, 57th Washington Legislature, Second Special Session, may be sited in the City of Walla Walla.
A. The maximum number of secure community transition facility beds that may be sited in the City of Walla Walla before June 30, 2008, shall be no greater than the total number of persons civilly committee to the special commitment center on McNeil Island from Walla Walla County under Chapter 71.09 of the Revised Code of Washington, or detained at the special commitment center under a pending civil commitment petition from Walla Walla County where a finding of probable cause has been made, on April 1, 2001. The maximum number of additional secure community transition facility beds that may be sited in the City of Walla Walla between July 1, 2008, and June 30, 2015, shall be no greater than the total number of persons civilly committed from Walla Walla County, or detained at the special commitment center under a pending civil commitment petition from Walla Walla County where a finding of probable cause has been made, reduced by the number of unoccupied secure community transition beds already sited in Walla Walla County as of July 1, 2008.
1. The maximum number of secure community transition facility beds that may be sited in the City of Walla Walla cannot be expanded by election to site additional secure community transition facility beds under the incentive program created by section 204 and subsection (7)(b) of section 201 of chapter 12, Laws of 2001, 57th Washington Legislature, Second Special Session, or by any other means, unless the Walla Walla City Council approves such election by municipal resolution. In the event that the Walla Walla City Council elects to site additional secure community transition facility beds in the City of Walla Walla under the incentive program created by section 204 and subsection (7)(b) of section 201 of Chapter 12, Laws of 2001, 57th Washington Legislature, Second Special Session, the maximum number of secure community transition facility beds that may be sited in the City of Walla Walla shall be established by the approval resolution.
B. Sections 20.176.020, 20.176.030, 20.176.040, 20.176.050, 20.176.060, 20.176.070, 20.176.080, and 20.176.090 apply to siting of secure community transition facilities in addition to this section.
1. In addition to the requirements of section 20.176.060, the advisory committee established in accordance with section 20.176.050 shall consider, but not be bound or limited by, the policy guidelines adopted in accordance with subsection (6)(b) of section 201, section 213, and section 214, of Chapter 12, Laws of 2001. 57th Washington Legislature, Second Special Session, and give great weight to, but not be bound or limited by, the equitable distribution factors established by subsection (8) and (9) of section 201 of Chapter 12, Laws of 2001, 57th Washington Legislature, Second Special Session.
2. In addition to the requirements of section 20.176.060 and subsection 20.176.100(B)(1), the advisory committee established in accordance with section 20.176.050 shall provide public notice and conduct public hearing similar to those required by subsection (1) and (2) of section 219 of Chapter 12, Laws of 2001, 57th Washington Legislature, Second Special Session. (Ord. 2001-17 § 12 (part), 2001).