Chapter 19.38
ESSENTIAL PUBLIC FACILITIES
Sections:
19.38.020 Determination of applicability.
19.38.030 Essential public facilities review process.
19.38.040 Criteria for approval.
19.38.010 Purpose.
The purpose of this chapter is to provide a process to site necessary public uses that may otherwise be difficult to site. This process involves the community and identifies and minimizes adverse impacts. Essential public facilities are defined in Chapter 19.08 OHMC, Definitions. Examples include hospitals, jails, prisons, airports, solid waste transfer stations, highways and storm water treatment plants. The planning director shall determine whether a proposed facility shall be reviewed according to the essential public facility review process instead of the review process indicated under the applicable zoning classification. (Ord. 1555 § 17, 2009).
19.38.020 Determination of applicability.
(1) Essential public facilities may be reviewed through the essential public facility review process. An applicant may make a written request or the planning director may require a proposal to be reviewed through Oak Harbor’s essential public facilities review process. An applicant may use this process if the facility meets the definition of an essential public facility. If the facility is on the list of qualifying facilities prepared by the Washington State Office of Financial Management, it automatically meets the definition.
(2) The planning director shall make a determination that a facility be reviewed through Oak Harbor’s essential public facilities review process based on the following criteria:
(a) The facility is a type difficult to site because of one of the following:
(i) The facility needs a type of site of which there are few sites available;
(ii) The facility can locate only near another public facility;
(iii) The facility has or is generally perceived by the public to have significant adverse impacts that make it difficult to site; or
(iv) The facility is of a type that has been difficult to site in the past;
(b) It is likely this facility will be difficult to site;
(c) There is need for the facility and Oak Harbor is in the facility service area. (Ord. 1555 § 17, 2009).
19.38.030 Essential public facilities review process.
(1) Facilities to be reviewed under the requirements of Chapter 19.48 OHMC.
(2) An applicant may have one or more alternative sites considered at the same time during this process.
(3) The planning director has the authority to require the consideration of sites outside the city of Oak Harbor. Alternative sites shall cover the service area of the proposed essential facility.
(4) A more amplified public involvement process may be required by the planning director than that required under Chapter 19.48 OHMC in order to include those residents living within the service area of the proposal.
(5) The costs of such an amplified public involvement program may be charged to the applicant.
(6) The planning director may require a multi-jurisdictional review process if the facility serves a regional, countywide, statewide, or national need.
(7) An analysis of the facility’s impact on city finances shall be undertaken. Mitigation of adverse financial impact shall be required. (Ord. 1555 § 17, 2009).
19.38.040 Criteria for approval.
The following criteria shall be used to make a determination on the application:
(1) Whether there is a public need for the facility;
(2) The impact of the facility on the surrounding uses and environment, the city and the region. (Ord. 1555 § 17, 2009).