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Clark County Unified Development Code Change (Title 40.240.440) Amendments to Columbia River Gorge National Scenic Area Districts
Project Summary
A proposal to amend the Columbia River Gorge National Scenic Area Districts CCC 40.240.440(H) to correct a scrivener’s error. CCC 40.240.440(H) currently states that the development and production of mineral and geothermal resources are required to follow a Type IV (legislative) process. The review procedure should be a Type III (quasi-judicial) process as provided for elsewhere in code.
Background
In Ordinance 1996-04-30, Clark County Code (CCC) Section 18.334.200(g) states that the development and production of mineral and geothermal resources in the Columbia River Gorge National Scenic Area will be reviewed under a Type III (Quasi-judicial Decisions) process. On November 4, 2003, Clark County adopted Ordinance 2003-11-01 that repealed Titles 17 and 18 and replaced them with Title 40. In that ordinance, Chapter 18.334 became Chapter 40.240 - Columbia River Gorge National Scenic Area Districts. In Ord. 2003-11-01, proposed amendments to Title 40 were indicated by using the underline and strikethrough method.
In Ord. 2003-11-01, a change was made in CCC 40.240.240(G) - Review Uses with Additional Approval Criteria Large-Scale or Small-Scale Agriculture Designations without the underline/strikethrough to indicate the change. Under CCC 40.240.240(G) as revised, the development and production of mineral and geothermal resources in the Gorge would no longer be reviewed under a Type III (Quasi-judicial Decisions) process but a Type IV (Legislative Decisions) process instead.
Staff believes that the initial change from a Type III to a Type IV process in 40.240.240(G), [which was subsequently renumbered to be 40.240.440(H)], was a scrivener’s error and not the result of a conscious choice, due to the lack of underlined/strikethrough text and inconsistency with other code sections.
Public Meetings
Feb. 18, 2020 - Council Hearing
Adopting Ordinance
Planning Commission Recommendation to Council
- Exhibit 1: Excerpt of Ord 1996-04-30
- Exhibit 2: Excerpt of Ord 2003-11-01
- Exhibit 3: Letter to Columbia River Gorge Commission
- Exhibit 4: Summary of Development Approvals by Review Type
- Exhibit 5: CCC 40.510.040 Type IV Process – Legislative Decisions
- Exhibit 6: Interim Ordinance 2019-09-13
- Exhibit 7: Interim Ordinance 2019-11-07
Public Comments as of Feb. 13, 2020
Public Comments as of Feb. 14, 2020
Public Comments as of Feb. 18, 2020
Planning Commission Minutes
Supporting Documents
Presentation
Nov. 21, 2019 - Planning Commission Hearing (continued from Oct. 17, 2019)
- Staff Report
- Exhibit 1 - Excerpt of ORD 1996-04-30 Scenic Area Ordinance
- Exhibit 2 - Excerpt of ORD 2003-11-01 Code Restructure - Title 40
- Exhibit 3 - Gorge Commission review letter
- Exhibit 4 - CCC 40.500.010 Summary of Development Approvals by Review Type
- Exhibit 5 - CCC 40.510.040 Type IV Process - Legislative Decisions
- Exhibit 6 - ORD 2019-09-13 - Interim Ordinance
- Supplemental Staff Report
- Exhibit 7 - Excerpt of ORD 2003-11-01 Gorge Small Woodland Designations
- Exhibit 8 - ORD 2006-08-21
- Exhibit 9 - ORD 2006-05-04
- Exhibit 10 - Board of County Commissioner minutes from Sept. 23, 2003
- Exhibit 11 - Staff Report to the Board of County Commissioners from Sept. 17, 2003
- Exhibit 12 - Surface Mining Overlay Map in the Columbia River Gorge
- Exhibit 13 - Surface Mining Overlay and Active Mines in the county
- SEPA
- Public Comments
- Supporting Documents
- Ordinance Extending Interim Ordinance 2019-11-07
- Permanent Ordinance 2020-
- Presentation
Nov. 5, 2019 - Council Hearing
- Staff Report
- Interim Ordinance 2019-09-13
- Ordinance extending Interim Ordinance 2019-11-07
- Public Comment as of Nov. 4
- Public Comment received on Nov. 5
- Supporting Documents
- Presentation
- Council Hearing Minutes
The next scheduled hearing for this item is a Planning Commission hearing on Nov. 21. Materials are above under that date.
Oct. 17, 2019 - Planning Commission Hearing
- Staff Report
- SEPA
- Public Comments received as of Oct. 2
- Public Comments received as of Oct. 17
- Supporting Documents
- Presentation
Oct. 3, 2019 - Planning Commission Work Session
Sept. 25, 2019 - County Council Meeting
Staff Contact
Sharon Lumbantobing, Planner II
564.397.4909
sharon.lumbantobing@clark.wa.gov
Information and tips on providing testimony (public comment)