ORD 80-19 CONDITIONING OR DENYING GOVERNMENTAL ACTION BASED ON ENVIRONMENT O RD INANCE NO. 80 - 19
AN ORDINANCE OF THE CITY OF WINSLOW ADOPTING POLICIES
FOR CONDITIONING OR DENYING GOVERNMENTAL ACTION BASED
ON ENVIRONMENTAL CONSIDERATIONS AND PROVIDED FOR APPEAL
PROCEDURES THEREFROM PURSUANT TO THE REQUIREMENTS OF
RCW 43.21C. 060
THE CITY COUNCIL OF THE CITY OF WINSLOW DO ORDAIN AS FOLLOWS:
City Officials may condition or deny a government action (as
defined in WAC 197-10-040 (2) on the basis of specific adverse
environmental impacts which are identified in writing in
environmental documents prepared pursuant to SEPA requirements
based upon the City documents listed in Section 1 herein and
the City policies set forth in Section 2 herein:
SECTION 1. CITY POLICIES SET FORTH IN CITY DOCUMENTS.
1. The Comprehensive Plan
2. The Zoning Ordinance
3. Shoreline Master Program
4. Sign Ordinance
5. Park and Trails Comprehensive Plan
6. Park Dedication Ordinance
7. The SEPA Implementing Ordinance and Amendments thereto
8. Any other policies of the City of Winslow which have been
incorporated into resolution, regulations, ordinances, plans
or codes and which provide a reasonable basis for attaching
conditions to the approval of a proposal or for denying a
proposal in order to mitigate adverse environmental impacts.
SECTION 2. CITY POLICIES
A. Earth/Soil
1. Prohibit development on steep slope areas. Areas of land
slide and land slippage should be protected by employing
restrictions on de~velopment or by special engineering features.
2. To insure prompt development, restoration and effective erosion
control of property after land clearing through the use of
phase development, replanting, hydroseeding and other appropriate
engineering techniques.
B. Air
1. Air quality standards as presently enjoyed in Winslow should
not be degraded by any specific development or activity built
or conducted within the City.
~ Water
%,, ·
1. Surface waters such as ponds, streams, creeks, wetlands,
marshes or the waters of Eagle Harbor should not be adversly
effected by any development.
2. Drainage should be regulated so that no development shall
increase the predevelopment run-off rate and should minimize
surfact water and ground water run-off and diversion and to
prevent erosion and reduce the risk of slides.
3. To encourage sound development guidelines and construction
procedures which respect and preserve the City's water course;
to minimize water quality degradation and control the sedi-
mentation of creeks streams, ponds, lakes, Eagle Harbor and
other water bodies; to preserve and enhance the aesthetic
quality o f the waters.
4. Development which may adversely affect aquifer recharge areas
or drainage areas in the Winslow vicinity should be prohibited
or res tri cted.
D. Flora/Fauna
1. To protect the unique flora and fauna within the City of
Winslow.
2. To preserve and enhance the City's physical and aesthetic
character by preventing indiscriminate removal or destruction
Of trees and ground cover on undeveloped and partially developed
property.
3. To encourage the retention of trees and other vegetation for
visual buffers and soil retention.
4. To encourage buffer zones or green belts between develop-
ments. If there are different zoning uses, green belts
sh al 1 be requi red.
5. To encourage building and site planning that necessitates
the least removal of trees and vegetation.
E. Noise
__.
To encourage development practices consistant with City of
Winslow Noise Ordinance 79-16.
F. Light and Glare
All lighting should be of the type and design that will not
intrude on adjoining properties.
G. Land Use
1. The City should restrict or prohibit uses which cannot be
adequately or economically served by City utilities and
services..
2. Uses which are contrary to the City's Comprehensive Plan
may be prohibited or restricted.
Nat ur a 1 'Reso ur ces
To encourage the wise 'use of non-renewable natural resources
and to encourage efficient fuse of renewable resources.
Explosion/Hazardous Emissions
Proposals involving hazalrdous materials or explosive material
shall be strictly regulated.
J. P0pul~atiJ_qn~ and _Housing
To .retain the present character of a primarily single family,
residential community with moderate population density.
K ~
Tr ans po.rta ti on
1. To encourage projects to provide for pick-up areas for
public transportation, vanpools and carpools.
2. To .require adequate off-street parking, whe.re feasable, for
all future projects~
3. To approve local street systems which are designed to
minimize through traffic movements .~ to dis~courage excessive
speeds, to minimize the need for circuitous travel; and which
are designed for a relatively uniform low volume of
traffic.
4. To approve street designs which are beneficial to the
public in consideration of vehicular and pedestrian safety,
efficiency of service, influence on the amenities and
liveability of the community, and economy of both construction
and the use of land.
L. Public Service/Utilities
To approve developments only when adequate public services and
utilities are available or can be made available. These services
shall include but not be limited to water, sewer, police and
fire protection and sufficient electric and communication facilities.
M. Energy
To incorporate energy conservation features as feasible and
practicable into all City projects and promote energy conservation
throughout the community.
N. Aesthetics
To encourage development which maintains and improves the
existing character of our neighborhoods. Consideration should
be given to existing scenic vistas, height of buildings, view
blockage, and general neighborhood character.
O. Recreation
To see that future development does not close off present
recreational facility access and to plan for future needs of
the community.
P. Arch~ological/Historical
__
To consider historical and archeological importance of all
buildings and sites prior to any change in use or development.
Q. Economics
To encourage a reasonable balance between economic and
environmental concerns.
R. Other Policies
1. A single development or land use though otherwise
consistent with zoning and other City policies may
create adverse impacts upon facilities and services,
natural systems or the surrounding area when aggregated
with the impacts of prior or other proposed development.
It is the policy of the City to analyse such cumulative
environmental impacts and condition or deny proposals to
minimize or prevent adverse impacts in accordance with
other provisions of this ordinance.
2. Cumulative Effect.
a. The analysis of cumulative effects shall include
a reasonable assessment of the present and planned
capacity of such public facilities as sewers, storm
drains, solid waste disposal, parks, schools, streets,
utilities and parking areas to serve the areas affected
by the proposal.
b. The analysis of cumulative effects shall include a
re~sp'on:ab'.le assessment of the adequacy of the present
and planned public services such as transit, health,
police and fire protection and social services to serve
the area affected by the proposal.
c. The analysis of cumulative effects shall include a
reasonable assessment of the capacity of natural systems -
air, water, light, land - to absorb the direct and
reasonable anticipated indirect impacts of the proposal.
d. Based in part upon such analysis, a project may be
modified to lessen its demand for support services and
facilities or its impact on natural systems. Modifi-
cation may also be required to provide for subsequent
projects which can be expected to share the need for
support services and facilities or use of the natural
system ' s capacity.
·
In assessing the environmental impacts of a proposal and
in determining the need for conditioning or denying a
proposal in accordance with other provisions of this
Ordinance, the responsible official shall utilize SEPA,
all policies, guidelines and regulations adopted pursuant
to SEPA, Federal, State, and Regional environmental
quality standards, and the legislative enactments of the
City of Winslow, both specific and general, now in effect
or enacted in the future.
·
It is not the intent or purpose of this Ordinance to
prevent reasonable development of land in the City of
Winslow·
SECTION 3. APPEAL PROCEDURES
Any person aggrieved by the decision of the responsible City official
may request a review of that decision by the City Council. Such
request shall be filed with the City Clerk within 10 working days
from the date of the responsible official's decision. Such request
shall state in writing the decision to be appealed and a detailed
summary of the grounds upon which the appeal is based.
The City Council shall determine whether the decision made by
the City official after full compliance with all applicable
procedural requirements is clearly erroneous. For purposes of
this Ordinance, a clearly erroneous review of a decision shall
include a de novo review of the entire record. A decision will
be held "clearly erroneous" when the City Council is left with
the definite and firm conviction that a mistake has been committed.
·
In reviewing the administrative decision to be appealed, the City
Council shall presume that the procedures followed by the City
official in reaching the decision fulfills the requirements imposed
by law and that the decision was not clearly erroneous. The
burden shall be on the appellant to rebut these presumptions.
Testimony additional to the established record may be submitted in
writing to the City Council prior to the review of the decision.
SECTION 4. SEVERAB ILITY
If any provision of this Ordinance or its application to any person
or circumstances is held invalid, the remainder of this Ordinance,
or the application of the provision to other persons or circumstances,
shall not be affected.
SECTION 5. EFFECTIVE DATE
This Ordinance shall be in full force and effect 5 days after
its publication and posting as required by law.
PASSED by the City Council of the City of Winslow, Washington
thisjY~'day of/~? ~~~,
o ~~,~ , 1980.
ATTEST:
Donna Jean Buxton
Clerk/Treasurer
APPROV~D AS TO FORM
~Robert W.' McKis'Son'
of McKisson, Lehne and Associates
City Attorney