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

Title 40 Code Updates: CPZ2019-00005 40.510.040 Type IV Process – Legislative Decisions 40.560 Plan and Code Amendments Charter Amendments Sharon Lumbantobing, Community Planning Clark County Planning Commission Work Session April 4, 2019 Clark County Public Service Center, 6 th Floor Training Room 1300 Franklin Street Vancouver, WA 98660

Title 40 proposed updates  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 Code Update 2

40.510.040 Type IV Process – Legislative Decisions 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 Title 40 Code Update 3

40.510.040 Type IV Process – Legislative Decisions  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). Title 40 Code Update 4

40.510.040 Type IV Process – Legislative Decisions  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 of the commission.  Interim Actions, Moratoria, and Emergencies: Codify existing practice. Title 40 Code Update 5

40.560 Plan and Code Amendments • 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. 8/9/17 6

40.560 Plan and Code Amendments  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 one 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. Title 40 Code Update 7

40.560 Plan and Code Amendments  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 Title 40 Code Update 8

40.560 Plan and Code Amendments  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 Title 40 Code Update 9

40.560 Plan and Code Amendments  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. Title 40 Code Update 10

40.560 Plan and Code Amendments 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. Title 40 Code Update 11

40.560 Plan and Code Amendments 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. Title 40 Code Update 12

Process Date For example: 40.560 Plan and Code Amendments Pre-app requests submitted Oct 1 – Nov 30 Pre-app meetings conducted Oct 15 – Dec 31 Annual Review Applications submitted Jan 1 – Jan 31 If application is submitted Jan (Counter Complete) 31: First staff review to determine fully within 14 calendar Deadline for staff review: Feb complete status days of application 14 submittal If Annual Review Application is within 14 calendar Deadline to resubmit: Feb 28 determined to be incomplete, applicant days of receiving the must resubmit the application Incomplete Determination Second staff review to determine fully within 7 calendar Deadline for staff review: complete status (only for incomplete days of application March 7 applications): resubmittal If Annual Review Application is still within 7 calendar Final deadline to resubmit: determined to be incomplete, applicant days of receiving the March 15 must resubmit the application Incomplete Determination Final staff review within 7 calendar Mar 22: Application is either days of receiving the deemed Fully Complete or a application refund is issued Title 40 Code Update 13

Public Process Planning Council Work Commission DEAB Session Work Session April 11 March 20, 2019 April 4 Planning Council Council Commission Work Session Hearing Hearing May 21 May 1 April 18 Adopting Ordinance effective date June 2019 Title 40 Code Update 14

Thank you! Clark County Public Service Center 1300 Franklin Street • PO Box 5000 Vancouver, WA 98666-5000 Title 40 Code Update 03/20/19 15