Chapter 18.34
ESSENTIAL PUBLIC FACILITIES
Sections:
18.34.020 Siting or expansion of local essential public facilities.
18.34.030 Siting and expansion of state and regional essential public facilities.
18.34.040 Secure community transition facilities.
18.34.010 Purpose.
The purpose of this chapter is to implement the Growth Management Act and the Normandy Park Comprehensive Plan by establishing processes for the siting and expansion of essential public facilities in the city of Normandy Park 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 acknowledging and mitigating the significant community impacts often 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. 817 § 2, 2008).
18.34.020 Siting or expansion of local essential public facilities.
(1) A conditional use permit shall be required as provided in this section before any local essential public facility (other than a secure community transition facility as defined in RCW 71.09.020) may be located or expanded within the city of Normandy Park, regardless of the zoning district in which such facility is or is proposed to be located.
(2) A complete application for a conditional use permit for a local essential public facility shall include all of the following items:
(a) The name, address, and telephone number of the public agency applying for the permit, together with the name, address, and telephone number of an individual contact within the agency;
(b) The address and legal description of the property on which the local essential public facility is proposed;
(c) A vicinity map showing the property on which the local essential public facility is proposed, together with all abutting properties and public streets;
(d) A description of the proposed local essential public facility, including a description of the proposed use and any proposed or existing structures in which the use will be housed;
(e) A site plan drawn to a scale of not less than a one inch equals forty feet scale showing the property dimensions and the location of the local essential public facility and any and all existing and proposed structures on the property.
The planning and community services manager shall develop an application form which includes the above and which also addresses and provides sufficient information to judge the application’s compliance with each of the approval criteria set forth in subsection (4) of this section.
(3) A conditional use permit for a local essential public facility shall be processed as provided in Chapter 18.22 NPMC, except that the Normandy Park city council shall be the decision-making authority for all conditional use permits involving local essential public facilities. Notices of the required public hearing shall be posted on-site, posted at the city’s designated posting places, advertised in the city’s official newspaper, and mailed to property owners within 300 feet at least 10 days prior to such hearing.
(4) A conditional use permit for a local essential public facility shall be approved upon a determination that:
(a) 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;
(b) 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;
(c) Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;
(d) Necessary infrastructure is or will be made available to ensure that public safety responders have capacity to handle increased calls or expenses that will occur as the result of the facility;
(e) The project sponsor has the ability to and shall pay for all capital costs associated with on-site and off-site improvements;
(f) The facility will not unreasonably increase noise levels in residential areas, especially at night;
(g) Visual screening will be provided that will mitigate the visual impacts from streets and adjoining properties. Visual screening must be of such quality and design as to complement the neighborhood in which the local essential public facility is located. Screening complements the neighborhood when it meets or exceeds the quality and design of other screening in the neighborhood;
(h) The local essential public facility will not be significantly detrimental to the health, safety or welfare of the persons residing or working in the neighborhood of the proposed use or be detrimental to the property and improvements in the neighborhood or to the general welfare of the city;
(i) The local essential public facility is not located in any residential (R or RM) zoning district identified in NPMC 18.10.030, except as provided in this subsection. If the land on which a local essential public facility is proposed is located in any such residential zoning district, the applicant must demonstrate to the Normandy Park city council 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 city council shall authorize the essential public facility to be located in the residential zoning district;
(j) 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, including but not limited to the general development requirements of Chapter 18.15 NPMC, except as provided in this subsection. 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 city council shall authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion;
(k) No local essential public facility shall be located within 600 feet of another essential public facility, except as provided in this subsection. If a local essential public facility is proposed to be located within 600 feet of another essential public facility, the applicant must demonstrate that compliance with the separation requirement would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the city council shall authorize the essential public facility to deviate from the separation requirement to the minimum extent necessary to avoid preclusion; and
(l) Any and all probable significant adverse environmental impacts are mitigated.
(5) If the city council determines that any one or more of the decision criteria set forth in subsection (4) of this section is not met by the proposal, the city council shall impose such reasonable conditions on approval of the conditional use permit permit as may be necessary in order to enable the facility to meet the decision criteria.
(6) The decision criteria set forth in subsection (4) of this section 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 Normandy Park. 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 set forth in subsection (4) of this section on the preferred site described in the proposal, the city council shall either:
(a) 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
(b) Approve the siting or expansion of the local essential public facility at the preferred 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. 817 § 2, 2008).
18.34.030 Siting and expansion of state and regional essential public facilities.
(1) Any proposal for the siting or expansion of a state or regional essential public facility shall follow the procedures established by this code for the underlying permit, e.g., building permit, subdivision, binding site plan, etc.; provided, that a public hearing shall be held prior to the issuance of any such permit in order to obtain public input on the permit criteria and conditions of approval. If the underlying permit ordinarily requires a public hearing, the public hearing required by this section shall be consolidated with the required public hearing and heard by the same hearing body or officer. If the underlying permit does not ordinarily require a public hearing, the city council shall conduct the public hearing and shall thereafter be the approval authority for such underlying permit. Notice of the application and the required public hearing shall be given as provided in NPMC 18.34.020(3).
(2) State and regional essential public facilities shall not be located in any residential (R or RM) zoning district identified in NPMC 18.10.030 except as provided in this subsection. If the land on which a state or regional essential public facility is proposed is located in any such residential zoning district, the applicant must demonstrate to the city council 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 city council shall authorize the essential public facility to be located in the residential zoning district.
(3) State and regional essential public facilities shall meet all provisions of this code for development within the zoning district in which they are proposed to be located, including but not limited to general development requirements of Chapter 18.15 NPMC, except as provided in this subsection. If a state or regional essential public facility does not meet all such provisions, the applicant must demonstrate to the city council 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 city council shall authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion.
(4) No state or regional public facility shall be located within 600 feet of another essential public facility, except as provided in this subsection. If a state or regional essential public facility is proposed to be located within 600 feet of another essential public facility, the applicant must demonstrate that compliance with the separation requirement would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the city council shall authorize the essential public facility to deviate from the separation requirement to the minimum extent necessary to avoid preclusion.
(5) The city council shall impose reasonable conditions upon the state or regional essential public facility in order to ensure that:
(a) Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;
(b) Necessary infrastructure is or will be made available to ensure that public safety responders have capacity to handle increased calls or expenses that will occur as the result of the facility;
(c) The project sponsor has the ability to and shall pay for all capital costs associated with on-site and off-site improvements;
(d) The facility will not unreasonably increase noise levels in residential areas, especially at night;
(e) Visual screening will be provided that will mitigate the visual impacts from streets and adjoining properties. Visual screening must be of such quality and design as to complement the neighborhood in which the local essential public facility is located. Screening complements the neighborhood when it meets or exceeds the quality and design of other screening in the neighborhood; and
(f) Any and all probable significant adverse environmental impacts are mitigated.
(6) The city council shall not impose conditions in such a manner as to preclude the siting or expansion of any state or regional essential public facility in the city of Normandy Park. In the event that a state or regional essential public facility cannot, by the imposition of reasonable conditions of approval, be made to mitigate the impacts described in subsection (4) of this section, the city council shall approve the siting or expansion of the state or regional essential public facility with such reasonable conditions of approval as may mitigate such impacts to the maximum extent practicable. (Ord. 817 § 2, 2008).
18.34.040 Secure community transition facilities.
RCW 71.09.342 preempts any and all local regulations on the siting of secure community transition facilities as defined in RCW 71.09.020. Such facilities are therefore exempt from the provisions of this chapter and shall be sited as provided in Chapter 71.09 RCW. (Ord. 817 § 2, 2008).