Title 40 Code Updates: CPZ2019-00005 40.510.040 Type IV Process - - PowerPoint PPT Presentation

Sharon Lumbantobing, Community Planning Clark County Planning Commission Work Session April 4, 2019

Clark County Public Service Center, 6th Floor Training Room 1300 Franklin Street Vancouver, WA 98660

Title 40 Code Updates:

CPZ2019-00005

40.510.040 Type IV Process – Legislative Decisions 40.560 Plan and Code Amendments Charter Amendments

• 40.510.040 Type IV Process - Legislative Decisions

Clarify standards and existing practices

• 40.560 Plan and Code Amendments

Clarify and reorganize process for annual reviews and dockets

• Title 40

Home Rule Charter name change from “board” to “council” and correct scrivener’s errors in Section 40.430.010(D), and add definition of transportation analysis

Title 40 proposed updates

Title 40 Code Update 2

Repeal existing code and replace with reorganized code sections:

• Decision: Clarify the scope of Type IV review process to

include periodic comp plan updates, annual updates (e.g., property-owner annual reviews and county-initiated dockets; development regulations, and Shoreline Master Program updates

• Process: Define Type IV legislative process pursuant to

RCW 36.70A.035 and the appeals process pursuant to RCW 36.70A.280 and 36.70A.290

• Procedure: Clarify the scope of Planning Commission

review

• Staff Report: Amend text to reflect current practice of

posting the staff report on county website and emailing

40.510.040 Type IV Process – Legislative Decisions

Title 40 Code Update 3

• Public Notice: Clarify the current practice for noticing:

For site-specific requests, codify existing practices for public noticing requirements (300 ft. and 500 ft. for inside and outside Urban Growth Boundary, respectively).

40.510.040 Type IV Process – Legislative Decisions

Title 40 Code Update 4

• Public Hearings:
• Clarify the current practice of posting the PC

recommendation to the county website within 3 business days following the hearing;

• Clarify requirement for majority vote of a quorum
• f the commission.
• Interim Actions, Moratoria, and Emergencies:

Codify existing practice. 40.510.040 Type IV Process – Legislative Decisions

Title 40 Code Update 5

• 40.560.010(A) Purpose: Add new text to clarify purpose

statement that was originally in 40.560.010(A).

• Old 40.560.010(D): Delete text and moved it to 40.560.040

Annual Review Process.

• 40.560.010(D) Government Coordination: Delete text

pertaining to other jurisdictions because the county code cannot regulate other jurisdictions.

40.560 Plan and Code Amendments

8/9/17 6

• Delete old H. Criteria for Commercial Map Changes because

market analysis and transportation analysis are not criteria, but are submittal requirements. Moved this to 40.560.050(C)(2)

• Revise G. Additional Criteria for Rural Map Changes:
• Divide existing text from old 40.560.010(I) into two

subsections: one for Natural Resource Land Designation and

• ne for Rural Centers.
• 40.560.010(G)(1): Edited text to to comply with WAC 365-

196-480(2) regarding de-designation of natural resource lands must be done on an area-wide basis.

• 40.560.010(G)(2): Text was added to duplicate text from

40.560.010(G)(1) in order to separate this section into two subsections.

40.560 Plan and Code Amendments

Title 40 Code Update 7

• Revise H. Additional Criteria for Rural Major Industrial Map

Changes:

• Delete reference to expired RCW.36.70A.367.
• Delete reference to concomitant rezone agreement and

replaced it with Development Agreement per RCW36.70B.170

40.560 Plan and Code Amendments

Title 40 Code Update 8

• Revise I: Additional Required Criteria Specific to Urban Holding

Map Changes

• Add text to clarify the process for removing UH as Type IV

consistent with the comp plan. Deleted old L. Mixed Use Designation Zone Change Request

• Add text to refer to Chapter 40.350 regarding development

agreements.

• Delete paragraph and move to 40.560.010.C.2.
• Delete Old L. Mixed Use Designation because the 2016 comp

plan removed inconsistencies between MX and MU comp plan and zoning designations, making this section moot

40.560 Plan and Code Amendments

Title 40 Code Update 9

• J. Additional Required Criteria Specific to Urban Growth Area

(UGA) Boundary Map Changes

• Edited for clarity.
• Old 40.560.010(J)(6): Deleted text because these items are

not criteria used for this analysis.

• M. Other Plan Amendment Categories
• Added text to codify current practice of updating the six (6)

year Transportation Improvement Plan annually per RCW 36.81.121 and WAC 136-15-050

• Old Q. Out of Cycle Amendments:
• 40.560.010(Q)(2): Deleted this section as it is not current

practice and fees are regulated in different section of code.

40.560 Plan and Code Amendments

Title 40 Code Update 10

40.560.020 Changes to Zoning Districts and Code Amendments

• 40.560.020(B)(2) Application: Deleted because this is codified

under a different section of Code (Title 40.510.030 – Type III Process). Not relevant here.

• Old 40.560.020(E) Rezone Agreements: Deleted. Concomitant

rezone agreement is replaced with the term Development Agreement per RCW36.70B.170.

• Old 40.560.020(F): Deleted. Concomitant rezone agreement is

replaced with the term Development Agreement per RCW36.70B.170. RETAINED as per April 4, 2019 PC work session.

40.560 Plan and Code Amendments

Title 40 Code Update 11

40.560.030 Amendments Docket

• 40.560.030(B) Definitions: Add definition for Docket

40.560.040 Annual Review Process –

• Added new sections A through F to codify existing practice in

Type IV process (adapted from Type III practice in 40.510.030

• 40.560.040(C): Review for Fully Complete Status: Modified

submittal dates to ensure completion by March 14 deadline. Provides two additional submittal opportunities subsequent to the initial January 31 submittal deadline.

40.560 Plan and Code Amendments

Title 40 Code Update 12

40.560 Plan and Code Amendments

Title 40 Code Update 13

Process Date For example:

Pre-app requests submitted Oct 1 – Nov 30 Pre-app meetings conducted Oct 15 – Dec 31 Annual Review Applications submitted (Counter Complete) Jan 1 – Jan 31 If application is submitted Jan 31: First staff review to determine fully complete status within 14 calendar days of application submittal Deadline for staff review: Feb 14 If Annual Review Application is determined to be incomplete, applicant must resubmit the application within 14 calendar days of receiving the Incomplete Determination Deadline to resubmit: Feb 28 Second staff review to determine fully complete status (only for incomplete applications): within 7 calendar days of application resubmittal Deadline for staff review: March 7 If Annual Review Application is still determined to be incomplete, applicant must resubmit the application within 7 calendar days of receiving the Incomplete Determination Final deadline to resubmit: March 15 Final staff review within 7 calendar days of receiving the application Mar 22: Application is either deemed Fully Complete or a refund is issued

Council Work Session March 20, 2019 Planning Commission Work Session April 4 DEAB April 11 Planning Commission Hearing April 18

Council Work Session May 1

Council Hearing May 21 Adopting Ordinance effective date June 2019

Public Process

Title 40 Code Update 14

Thank you!

03/20/19 Title 40 Code Update 15

Clark County Public Service Center 1300 Franklin Street • PO Box 5000 Vancouver, WA 98666-5000