West Richland council debates zoning change to permit utility facilities citywide; amendment to include minor utilities approved

The West Richland City Council considered a text amendment Jan. 21 that would change the municipal code to allow utility infrastructure such as water towers, reservoirs and wells in all zones.

City Community Development Director Eric Mindenhall told the council the change is intended to “help facilitate a lot of the existing infrastructure that the city has” and to avoid delays that staff said occur when the city must process conditional-use permits for city-owned facilities.

The amendment drew extended debate from council members who said they were divided between streamlining long-planned capital projects and preserving public notice and review. Councilmember John Smart said making such utilities a permitted use would remove the planning commission and council-level review that currently gives neighbors notice and an opportunity to comment. “I don't think it's frequent enough to be that much of a bother. I'd like to keep it the way it is,” Smart said.

Other council members, including Councilmember Richard Bloom and Councilmember Ben Stoker, said the city is facing multiple utility projects already and that the change would avoid duplicative permitting for facilities the city itself owns and plans to operate. A member of staff and other speakers said the prior removal of a “capital facilities” zoning category during an earlier comp plan revision left city-owned infrastructure without a clear zoning path, putting several planned projects at risk of delay.

Council members pressed staff for practical details. Mindenhall said a simple conditional-use review typically takes “30 to 40 hours” of staff time and that more complex cases could double that. He said the “last major utility facility” processed was a Benton REA substation off Rupert Road and that, because of development around the city (including the Heights at Red Mountain and the Lewis and Clark Ranch project), staff expects to see several utility siting requests per year.

Council discussed whether state environmental review would still provide public notice; staff said SEPA (State Environmental Policy Act) requirements depend on the nature and size of the facility and that some facilities may be exempt.

After discussion, a councilmember moved to adopt Ordinance 01-25, amending the West Richland Municipal Code to change major utility facilities to a permitted use in all zones. Council then voted to amend that motion to include minor utility facilities as permitted in all zones as well. The amendment to include minor utilities passed on a voice vote with all in favor. The public record in the transcript does not include a later roll-call vote explicitly adopting the original ordinance as amended.

Why it matters: Councilmembers said the change could speed key water and sewer projects already in design, but opponents warned it could remove a procedural safeguard that alerts neighbors and allows mitigation before facilities are sited. Staff and at least one public speaker said the amendment is intended as a temporary “band aid” until a more comprehensive capital-facilities zoning update can be completed as part of the comp plan process.

The council did not take a further recorded action on final adoption in the public record provided; council staff signaled that planned city-owned projects that are already advanced would proceed and that a longer-term zoning fix would be addressed in the comprehensive plan update.

Ending: Councilmembers and staff said SEPA, federal funding reviews (NEPA) where applicable, and subcommittee scrutiny will still apply to many projects. The transcript shows the amendment to permit both major and minor utility facilities passed on a unanimous voice vote, and staff signaled further code refinements and comprehensive-plan work will follow.