CPZ2019-00033 | Clark County

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 On November 4, 2003, Clark County adopted Ordinance 2003-11-01 that repealed Titles 17 and 18 and replaced them with Title 40.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

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)

PC Recommendation

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
PC Minutes