Chapter 21.46
ESSENTIAL PUBLIC FACILITIES
Sections:
21.46.030 Inventory of essential public facilities.
21.46.040 Siting and expansion of local essential public facilities.
21.46.050 Siting and expansion of State and regional essential public facilities.
21.46.070 Pre-application meeting.
21.46.090 Consultant and legal review – Advanced deposit.
21.46.100 Secure community transition facilities.
21.46.010 Authority.
This chapter is established to regulate the siting of essential public facilities pursuant to RCW 36.70A.200. (Ord. 737 § 2 (Att. A), 2022)
21.46.020 Purpose.
(1) This chapter implements requirements under the Growth Management Act and the Woodinville Comprehensive Plan to establish a process for the siting and expansion of essential public facilities as necessary to support orderly growth and delivery of public services.
(2) The purpose of this chapter is to promulgate regulations that ensure the timely, efficient and appropriate siting of essential public facilities while simultaneously acknowledging and mitigating the significant community impacts often created by such facilities.
(3) Nothing in this chapter should be construed as an attempt to preclude the siting of essential public facilities in contravention of applicable State law. (Ord. 737 § 2 (Att. A), 2022)
21.46.030 Inventory of essential public facilities.
Essential public facilities include those facilities that are typically difficult to site, such as airports, State education facilities and State or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, State and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. The City currently hosts or borders the following essential public facilities:
(1) The Brightwater regional wastewater treatment facility;
(2) The Cascade recycling facility;
(3) The Sound Transit/Metro park and ride facility;
(4) The Olympic pipeline system;
(5) Burlington Northern Santa Fe Railroad corridor;
(6) State Route 522; and
(7) State Route 202. (Ord. 737 § 2 (Att. A), 2022)
21.46.040 Siting and expansion of local essential public facilities.
(1) Approval of a special use permit pursuant to Chapter 21.80 WMC and WMC 21.84.070 is required before any local essential public facility may be located or expanded, regardless of the zone in which such facility is or is proposed to be located.
(2) In addition to the approval criteria set forth in WMC 21.84.070(4), a local essential public facility shall be approved if the following conditions are satisfied:
(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, and as verified by the City and reviewed by any relevant associated jurisdictions and agencies;
(c) Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency to the extent required by applicable State and City regulations;
(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 facility will not unreasonably increase noise levels in residential areas, especially at night;
(f) Visual screening will be provided that will mitigate the facility’s visual impacts from streets and adjoining properties;
(g) The facility is not located in any residential zoning district, except to the extent provided herein;
(h) The facility meets all provisions of this title for development within the underlying zoning district, except to the limited extent 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;
(i) The project sponsor’s public participation plan has allowed for public participation in the siting decision and with respect to appropriate mitigation measures;
(j) The project will not result in an unnecessarily disproportionate burden of essential public facilities on a particular geographic area of the City; and
(k) Any and all probable significant adverse environmental impacts are adequately mitigated.
(3) The decision criteria set forth in this section shall not be applied in such a manner as to preclude the siting or expansion of local essential public facilities in the City. In the event that a local essential public facility cannot, by the imposition of reasonable conditions, satisfy the decision criteria set forth in this section with respect to the applicant’s preferred site, the decision authority shall either:
(a) Deny the special use permit with respect to the requested site, and 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 requested 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 reasonable alternative site on which the decision criteria can be met. (Ord. 737 § 2 (Att. A), 2022)
21.46.050 Siting and expansion of State and regional essential public facilities.
(1) Approval of a special use permit pursuant to Chapter 21.80 WMC and WMC 21.84.070 is required before any State or regional essential public facility may be located or expanded, regardless of the zone in which such facility is or is proposed to be located.
(2) In addition to the approval criteria set forth in WMC 21.84.070(4), a State or regional essential public facility shall be approved if the following conditions are satisfied:
(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 sufficient capacity to handle increased calls or expenses that will occur as the result of the facility;
(c) All capital costs associated with on-site and off-site improvements necessitated by the facility are borne by the project sponsor to the extent legally permissible;
(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;
(f) Any and all probable significant adverse environmental impacts, including but not limited to impacts to wetlands, shorelines and wildlife habitat, are adequately mitigated;
(g) Any other applicable criteria set forth in this title are satisfied; and
(h) The public health, safety and welfare are adequately protected.
(3) The decision criteria set forth in this section shall not be applied in such a manner as to preclude the siting or expansion of a State or regional essential public facility in the City. In the event that a State or regional essential public facility cannot satisfy the criteria set forth in this section, the Decision Authority shall approve the siting or expansion of the State or regional essential public facility with such reasonable conditions as may mitigate such impacts to the maximum extent practicable. The Decision Authority cannot impose conditions in such a manner as to preclude the siting or expansion of any State or regional essential public facility in the City. (Ord. 737 § 2 (Att. A), 2022)
21.46.060 Permit conditions.
The Decision Authority may apply reasonable conditions as necessary to ensure that a proposed essential public facility does not unreasonably impact public health, safety, welfare or the environment. Such conditions may include, but are not limited to, the following:
(1) Limiting the manner in which the use is conducted such as restricting the time during which an activity may occur, and restraints to minimize the effects of noise, vibration, air pollution, glare, and odor;
(2) Limiting the height, size or location of buildings or structures;
(3) Increasing setbacks, open space, or landscape screening;
(4) Limiting the location and intensity of outdoor lighting, and/or requiring shielding thereof; and
(5) Imposing special conditions to reasonably ensure the use’s conformance with the surrounding neighborhood and the intent and purpose of the underlying zoning district;
(6) Other reasonable measures necessary to mitigate impacts caused by the proposed use. (Ord. 737 § 2 (Att. A), 2022)
21.46.070 Pre-application meeting.
Prior to submitting a special use permit application, a sponsor of an essential public facility is encouraged to schedule a pre-application meeting pursuant to WMC 21.80.060 to provide the City information about potential sites and to discuss possible siting incentives and mitigation measures. (Ord. 737 § 2 (Att. A), 2022)
21.46.080 Public involvement.
The special use permit application process shall include a public participation plan designed to encourage early public involvement in the siting decision and to assist in determining possible mitigation measures. Informational public meetings within the City shall be scheduled pursuant to this process, the number of which shall be determined by the Director based upon consideration of the size, complexity, and estimated impacts of the proposed facility. The Director shall determine the format and location(s) for the meetings and shall require that public notice and meeting summaries acceptable to the City shall be either prepared or funded by the essential public facilities sponsor. (Ord. 737 § 2 (Att. A), 2022)
21.46.090 Consultant and legal review – Advanced deposit.
The Director may require the sponsor of a proposed essential public facility to provide an advance deposit with the City to pay the reasonable cost of legal and/or independent consultant review of the proposed essential public facilities. Said advanced deposit and payment of costs shall be separate from and in addition to any other required fee. The advanced deposit shall be set at a level reasonably consistent with the anticipated cost of review based on the size, complexity and estimated impacts of the proposal, as determined by the Director. The Director may require the sponsor to periodically supplement the advanced deposit to the extent necessary to ensure payment of the review. Any unexpended funds shall be returned to the applicant following the final decision on the underlying special use permit application. (Ord. 737 § 2 (Att. A), 2022)
21.46.100 Secure community transition facilities.
(1) The siting of secure community transition facilities as defined by RCW 71.09.020 shall be governed by the applicable provisions of Chapter 71.09 RCW and this section.
(2) The Decision Authority may impose reasonable conditions upon the granting of a special use permit for a secure community transition facility, pursuant to applicable provisions of the Woodinville Municipal Code; provided, that with respect to the subject matters specifically addressed in RCW 71.09.285 through 71.09.340, the Decision Authority shall not impose any condition more restrictive than the requirements specifically addressed by those sections. This subsection shall not be construed as limiting any authority the Decision Authority may have to impose conditions of a type that are not specifically addressed by RCW 71.09.285 through 71.09.340. The State Department of Social and Health Services (DSHS) may voluntarily impose conditions upon its proposal that would be more restrictive than the requirements of RCW 71.09.285 through 71.09.340.
(3) The City hereby acknowledges and adopts the siting policy guidelines developed by DSHS pursuant to RCW 71.09.285 and 71.09.290 and such guidelines must be satisfied in deciding an application for a secure community transition facility.
(4) With respect to the siting of secure community transition facilities, nothing in this section shall be construed to be a regulation more restrictive than the minimum requirements (RCW 71.09.285 through 71.09.340). The Decision Authority may ignore any regulation herein that is determined to be more restrictive than the minimum requirements. (Ord. 737 § 2 (Att. A), 2022)