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Monroe City Zoning Code

22.38 Essential

Public Facilities

22.38.010 Purpose.

The Washington State Growth Management Act (Chapter 36.70A RCW) requires the city to establish a process for siting essential public facilities. Essential public facilities are those public facilities that are inherently difficult to site. The purpose of this chapter is to implement the Growth Management Act and the Monroe comprehensive plan by establishing a formal process for identifying, siting, and regulating essential public facilities in the city of Monroe and minimizing their adverse impacts 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 essential public facilities while simultaneously acknowledging and mitigating the significant community impacts often created by such facilities.

Comprehensive plans and development regulations cannot preclude the siting of essential public facilities within jurisdictional boundaries. Nothing in this chapter should be construed as an attempt by the city of Monroe to preclude the siting of such facilities within the city when the essential public facility is consistent with the Washington State Growth Management Act and other state statutes and regulations. (Ord. 005/2019 § 10 (Exh. B))

22.38.020 Applicability.

The regulations, requirements, and standards contained in this chapter apply to all existing and new essential public facilities, which shall comply with all applicable provisions within this title and the Monroe Municipal Code.

A. Exemptions. The following are exempted from the requirements of this chapter:

1. Additions. Additions to existing essential public facilities within the existing property boundaries, which are exempt from review under the Washington State Environmental Policy Act, Chapter 22.78 MMC, and Chapter 43.21 RCW.

2. Secure Community Transition Facilities. Secure community transition facilities are exempt from this chapter pursuant to RCW 71.09.342.

3. Preempted Facilities. Any essential public facilities for which the city’s regulatory authority is preempted by or is inconsistent with state or federal law are exempt from the requirements of this chapter. (Ord. 005/2019 § 10 (Exh. B))

22.38.030 General provisions.

Essential public facilities shall comply with all applicable provisions of the following:

A. Development Standards.

1. Terminology. Unless the context otherwise requires, the definitions provided in Chapter 22.12 MMC, Definitions, shall apply to this title.

2. Other Applicable Regulations. All essential public facilities shall comply with all applicable provisions of this title, including the following:

a. Design Standards and Open Space Requirements. Development shall comply with all applicable design standards and open space requirements in Chapter 22.42 MMC, Design Standards.

b. Landscaping. Development shall comply with all applicable landscaping standards in Chapter 22.46 MMC, Landscaping Standards.

c. Off-Street Parking. Off-street parking shall meet the applicable requirements in Chapter 22.44 MMC, Parking Standards and Design.

d. Temporary Uses. Temporary uses shall meet the applicable requirements in Chapter 22.60 MMC, Temporary Uses.

e. Essential Public Facilities. Land uses that are designated as essential public facilities shall meet the applicable requirements in this chapter.

f. Signage. Signage shall meet the applicable requirements in Chapter 22.50 MMC, Signs.

g. Critical Areas Regulations. Development shall comply with all applicable critical areas regulations in Chapter 22.80 MMC, Critical Areas.

B. Types of Essential Public Facilities. Essential public facilities are those public facilities that are typically difficult to site, but are necessary and important in the provision of public systems and services. Land uses classified as essential public facilities are identified in RCW 36.70A.200 and WAC 365-196-550, as amended, and include the following:

1. Airports;

2. State education facilities;

3. State or regional transportation facilities;

4. Transportation facilities of statewide significance as defined in RCW 47.06.140;

5. Regional transit authority facilities as defined under RCW 81.112.020;

6. State and local correctional facilities;

7. Solid waste handling facilities;

8. In-patient facilities, including substance abuse facilities;

9. Mental health facilities; and

10. Any facility on the state ten-year capital plan maintained by the Office of Financial Management.

C. Essential Public Facility Classifications.

1. Local Essential Public Facility. A local essential public facility is owned, operated, or sponsored by the city of Monroe, a special purpose district, or another unit of local government, and which serves the city-wide population.

2. State Essential Public Facility. A state essential public facility is owned, operated, or sponsored by the state of Washington.

3. Regional Essential Public Facility. A regional essential public facility is owned, operated, or sponsored by a regional or federal agency whose boundaries encompass the city, and which serves the countywide population or an area that is greater than the city limits.

D. Inventory of Existing Monroe Essential Public Facilities. Several essential public facilities are currently located within the boundaries of the city of Monroe. These essential public facilities specifically include, but are not limited to, the following:

1. City of Monroe Ingraham Hill Reservoir.

2. City of Monroe Municipal Campus, including City Hall, Police Building, and Public Works Facilities.

3. City of Monroe Trombley Hill Reservoir.

4. City of Monroe Wastewater Treatment Plant.

5. Everett Community College East County Campus.

6. Evergreen Health Monroe Hospital.

7. Fire District No. 7 Facilities.

8. First Air Field Airport. (Ord. 005/2019 § 10 (Exh. B))

22.38.040 Siting of local essential public facilities.

The purpose of the local essential public facility siting process is to allow the city to impose reasonable conditions on an essential public facility necessary to mitigate the impacts of the project while ensuring that its development regulations do not preclude the siting of an essential public facility. This section shall only apply to all local essential public facilities. The provisions in this section do not apply to state and regional essential public facilities, which are regulated by MMC 22.38.050.

A. Land Use Matrix. Local essential public facilities shall be limited to the zoning districts identified in Table 22.38.040: Local Essential Public Facilities Land Use Matrix. An essential public facility not explicitly permitted by Table 22.38.040 in a specific zoning district is prohibited. Facilities sited by a state or regional decision-making body shall not be subject to Table 22.38.040.

Table 22.38.040. Local Essential Public Facilities Land Use Matrix

Essential Public Facilities

Zoning Districts and Overlays

Airports

Correctional Facilities, Local

Correctional Facilities, State

Halfway Houses

Hazardous Waste Facilities

Hospitals

Regional Transit Stations

Schools – Colleges, Universities, Technical

Schools – Elementary and Secondary (K-12)

Sewer Treatment Facilities

Solid Waste Landfills

Solid Waste Transfer Stations

State and Regional Transportation Facilities

Work Release Facilities

Downtown Commercial (DC)

Downtown Promenade (DTP)

East Downtown (ED)

X

X

X

X

X

X

Historic Main (HM)

X

X

X

X

X

X

Residential Neighborhood (RN)

X

X

X

X

X

Fryelands Commercial Overlay (FC-O)

X

X

X

X

General Commercial (GC)

X

X

X

X

X

General Mixed Use (MG)

X

X

X

X

X

X

X

General Industrial (GI)

X

X

X

X

X

X

X

X

Industrial Transition (IT)

X

X

X

X

Institutional (IN)

X

X

X

X

X

X

X

X

Light Industrial (LI)

X

X

X

X

X

X

Limited Open Space (LS)

X

X

X

X

Medical Mixed Use (MM)

X

X

X

X

X

Multifamily Residential (R25)

X

X

X

X

X

Neighborhood Mixed Use (MN)

X

X

X

X

X

X

North Kelsey/Tjerne Pl. Overlay (NK/TP-O)

X

X

X

X

X

Parks (P)

X

X

X

X

X

X

X

X

Shoreline Industrial (SI)

X

X

X

X

Single-Family Residential (R7, and R15)

X

X

X

X

Tourist Commercial (TC)

X

X

X

X

X

X = Essential public facility is permitted subject to a conditional use permit (see Chapter 22.64 MMC, Conditional Use Permits)

Table Notes:

1Local essential public facilities are permitted subject to the approval of a conditional use permit. Provisions applicable to conditional use permits are found in Chapter 22.64 MMC.

2An essential public facility not explicitly permitted in a specific zoning district or overlay district by Table 22.38.040 is prohibited.

B. Compliance with Development Regulations. Unless otherwise specified in this title, local essential public facilities shall conform to all applicable provisions of this code for development within the zoning district in which they are proposed to be located.

C. Application and Review Process.

1. Conditional Use Permit Required. A conditional use permit shall be required before any local essential public facility may be located within the city of Monroe, regardless of the zoning district in which such facility is or is proposed to be located. A local essential public facility must satisfy the conditions of this chapter and Chapter 22.64 MMC, Conditional Use Permits.

2. Permit Processing. A conditional use permit and other associated land use permits for a local essential public facility shall be processed according to the requirements in Chapter 22.84 MMC, Permit Processing.

3. Determination of Essential Public Facilities. During the preapplication meeting, zoning administrator shall determine if an application is an essential public facility. The proposal shall be considered an essential public facility if one or more of the following criteria is met:

a. The public facility needs a specific type of site such as size, location, available public services, of which there are few choices.

b. The public facility needs to be located near another public facility or is an expansion of an essential public facility at an existing location.

c. The public facility has, or is generally perceived by the public to have, significant adverse impacts that make it difficult to site.

d. Use of the normal development review process would effectively preclude the siting of an essential public facility.

e. Development regulations require the proposed facility to use an essential public facility siting process.

4. Application Submittal Requirements. A complete application for a conditional use permit for an essential public facility shall include all of the following items:

a. Application Materials. The application shall be made according to the submittal requirements in MMC 22.84.040(D), Project Permit Applications, on forms prescribed by the city, and shall include the fee as established by the current fee resolution.

b. Conditional Use Permit Application Materials. In addition to the requirements of MMC 22.84.040(D), the conditional use permit application shall include all submittal requirements identified in Chapter 22.64 MMC, Conditional Use Permits, and the application shall be made on forms prescribed by the city.

c. Local Outreach. The applicant shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage residents in the development of the proposal, site planning, and mitigation design prior to submittal of a conditional use permit application.

d. Documentation of Need. The applicant must demonstrate the need for the proposed essential public facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and projected demand for this type of essential public facility.

e. Alternative Site Selection. The applicant shall search for and investigate alternative sites. The proposal shall include a written analysis indicating whether any alternative sites have been identified that meet the minimum site requirements of the facility.

f. Public Participation Plan. The conditional use permit application shall include a public participation plan for city review and comment that is designed to encourage early public involvement in the permitting decision and in determining possible mitigation measures.

g. Consistency with Applicant’s Plans. The applicant shall provide a written analysis demonstrating that the proposal is consistent with the applicant’s own long-range plans for facilities and operations.

h. Consistency with Comprehensive Plan. The applicant shall provide a written analysis demonstrating that the proposal is consistent with the Monroe comprehensive plan.

i. Consistency with Unified Development Regulations. The applicant shall provide a written analysis demonstrating that the proposal is consistent with the Monroe unified development regulations.

j. Minimum Site Requirements. The applicant shall submit documentation showing the minimum siting requirements for the proposed facility. Site requirements may be determined by the following factors: minimum size of the facility, access, support facilities, topography, geology, and mitigation needs. The applicant shall also identify future expansion needs of the facility.

k. Proposed Impact Mitigation. The proposal must include adequate, appropriate, and reasonable mitigation measures for the impacted area(s) and community. Mitigation measures may include, but are not limited to, natural features that will be preserved or created to serve as buffers, other site design elements used in the site plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures shall be adequate to substantially reduce or compensate for anticipated adverse impacts created by the proposed facility.

5. Decision Criteria. This section shall apply to all local essential public facilities. These decision criteria do not apply to regional and state essential public facilities addressed in MMC 22.38.050. The hearing examiner may approve, or approve with conditions, a conditional use permit for a local essential public facility, provided the proposal meets all of the following criteria, in addition to the criteria imposed by Chapter 22.64 MMC, Conditional Use Permits:

a. The proposal is consistent with the comprehensive plan;

b. The project is consistent with the applicant’s own long-range plans for facilities and operations;

c. The project applicant has demonstrated the need for the proposed essential public facility, supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;

d. The applicant has provided a meaningful opportunity for public participation in the siting decision and development of mitigation measures that is appropriate in light of the project’s scope, applicable requirements of the city code, and state and federal law;

e. The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements shall be determined by the minimum size of the facility, setbacks, access, support facilities, topography, geology, and on-site mitigation needs;

f. The applicant 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;

g. City services, businesses, job opportunities, and public transportation are sufficient to accommodate the proposed use;

h. The proposal incorporates specific features to ensure that it is compatible with the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding properties;

i. Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

j. Necessary infrastructure is or will be made available to ensure that public safety responders have the capacity to handle increased calls and expenses that will occur as the result of the facility, including, but not limited to, insurance costs, public awareness, and public education costs. The facility will not adversely affect public safety;

k. The applicant has the ability to and shall pay for all capital costs associated with on-site and off-site improvements;

l. The facility will not unreasonably increase noise levels in residential and commercial areas, and school zones, especially at night;

m. 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;

n. 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 bulk requirements;

o. Any and all probable significant adverse environmental impacts are mitigated; and

p. The essential public facility shall comply with any applicable siting and permitting requirements.

6. Conditions of Permit Approval. If the hearing examiner determines that any one or more of the decision criteria set forth in subsection (C)(5) of this section is not met by the proposal, the hearing examiner shall impose such reasonable conditions on approval of the conditional use permit as may be necessary in order to enable the facility to meet the decision criteria. The decision criteria set forth in subsection (C)(5) of this section shall not be applied in such a manner as to preclude the siting of any local essential public facility in the city of Monroe. 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 (C)(5) of this section on the preferred site described in the proposal, the hearing examiner shall either:

a. Require the local essential public facility to be located on one of the 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.

D. Compliance with Conditional Use Permit. Any development and building permits for a local essential public facility approved under this chapter shall comply with all conditions of permit approval.

E. Denial of Permit. In the event a development and/or building permit for an essential public facility is denied, the department shall submit, in writing, the reasons for denial to the project applicant.

F. Hold Harmless. No development or building permits may be applied for prior to approval of a conditional use permit for a local essential public facility unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor implied by the department’s acceptance of the development and/or building permit applications. The applicant shall expressly hold the city harmless and accept all financial risk associated with preparing and submitting construction plans before the final decision is made under this chapter. (Ord. 005/2019 § 10 (Exh. B))

22.38.050 Siting of state and regional essential public facilities.

This section shall apply to all state and regional essential public facilities that have been reviewed through a state or regional siting process. These requirements do not apply to either local essential public facilities or state and regional essential public facilities that have not been reviewed through a state or regional siting process, which are addressed in MMC 22.38.040.

A. Compliance with Development Regulations. Unless otherwise specified in this title, state and regional essential public facilities shall conform to all applicable provisions of this code for development within the zoning district in which they are proposed to be located.

B. Proposals Not Reviewed through a State or Regional Siting Process. When a proposed state or regional essential public facility has not been reviewed and evaluated through a state or regional siting process, it will be processed as a conditional use permit with the same procedure and requirements provided in MMC 22.38.040 for local essential public facilities.

C. Proposals Reviewed through a State or Regional Siting Process.

1. Development Agreements. A development agreement, as provided for in Chapter 22.70 MMC, may be required before any state or regional essential public facility can be located within the city of Monroe.

2. Development Agreement Criteria. When a development agreement is required, the city council shall strive to reach accord on a development agreement that satisfies the following criteria to the extent the criteria do not preclude the siting of an essential public facility:

a. The proposed agreement is consistent with applicable development regulations, unless modified by Chapter 22.66 MMC, Variances;

b. The proposed agreement provides for adequate mitigation of adverse environmental impacts; provided, that if the development is not defined at a project level, the agreement shall provide a process for evaluating and mitigating such impacts in the future; and

c. The proposed agreement reserves authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

3. Underlying Land Use Permits. Any proposal for the siting of a state or regional essential public facility shall follow the procedures established by Chapter 22.84 MMC, Permit Processing, for the underlying land use permit(s), such as a short subdivision, a binding site plan, or site plan review, prior to the public hearing for a development agreement, as applicable.

4. Conditions of Approval. The city council may approve, or approve with modifications, and 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 the capacity to handle increased calls and expenses that will occur as the result of the facility, including but not limited to insurance costs, public awareness and public education costs. The facility will not adversely affect public safety;

c. Any and all probable significant adverse environmental impacts are mitigated;

d. The applicant has the ability to and shall pay for all capital costs associated with on-site and off-site improvements;

e. The facility will not unreasonably increase noise levels in residential and commercial areas, and school zones, especially at night; and

f. 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 state or regional essential public facility is located. Screening complements the neighborhood when it meets or exceeds the quality and design of other screening in the neighborhood.

g. The city council shall not impose conditions in such a manner as to preclude the siting of any state or regional essential public facility in the city of Monroe. 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 identified, 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. 005/2019 § 10 (Exh. B))

22.38.060 Preclusion of siting of essential public facilities.

A. Local Essential Public Facilities. According to WAC 365-196-550, a city shall not use its comprehensive plan or development regulations to preclude the siting of essential public facilities. This title shall not be administered or interpreted in a manner inconsistent with state law.

1. Siting Impracticability. Development regulations preclude the siting of an essential public facility if their combined effects would make the siting of an essential public facility impossible or impracticable. The siting of an essential public facility is deemed impracticable if it is incapable of being performed or accomplished by the means employed or at command.

2. Applicant Resources. An essential public facility shall not be determined to have been precluded because the applicant determines that compliance with applicable development regulations would be too costly or time consuming.

3. Permitting Requirements. Reasonable permitting requirements may be imposed and mitigation of the essential public facility’s adverse effects is allowed, provided:

a. When the city is siting its own essential public facility, public or private, the siting process shall be nonpreclusive with reasonable criteria.

b. The city may not include criteria in its land use approval process which would allow the essential public facility to be denied.

B. State and Regional Essential Public Facilities. If the essential public facility and its location have been evaluated through a state or regional siting process, the city shall not require the facility to go through the city’s siting process. (Ord. 005/2019 § 10 (Exh. B))

22.38.070 Independent consultant review.

A. Review for Compliance. The zoning administrator shall have the discretion to require independent consultant review of a proposal for an essential public facility to assess its compliance with the criteria contained in this chapter, as well as the conditional use permit criteria, if applicable.

B. Fees. If independent consultation is required, the applicant shall follow the provisions of MMC 3.34.040, Reimbursement for consultant costs. (Ord. 005/2019 § 10 (Exh. B))