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))