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Published byRodney Collins Modified over 6 years ago
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ZONING CODE UPDATE ADMINISTRATION AND PROCEDURES
Planning Commission Study Session February 15, 2017
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PROGRESS SO FAR Draft code mostly completed
Converted to ordinance form Completed legal review SEPA Determination issued
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CHANGES Previously, condense, correct, clarify
Repealed subdivision process in existing code, moved all to new WMC 21.61 Repeal and replace all of WMC for review procedures (fixes order and content) Hearing examiner decision appeals to Superior Court
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21.83 REVIEW PROCEDURES Major re-writing of chapter since the re-organization Updated for clarity and ease of reading Right chapter… wrong order Procedure types Procedure consolidation Pre-application Completeness Decisions Expiration Hearings Interpretations Revisions
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21.80 DECISION CRITERIA Provides information for (nearly) every permit issued by the City When is the permit required? When is the permit approvable? If listed somewhere else in code, provides a handy reference point
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SUBDIVISIONS Short plat, short subdivision: 4 lots or less
Long or preliminary plat, subdivision: 5 lots or more Numerous code provisions applicable to the process: 21.60 criteria and standards 21.61 processing 21.22 density and dimensions 21.50 trees 21.51 critical areas 21.81 public facilities 21.83 review procedures 15.04 street improvements 15.05 grading code Infrastructure standards Stormwater standards 21.84 noticing and hearings
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PROCESS Preliminary plat Site work Final plat Home construction Feasibility of platting. Meets lot requirements, infrastructure requirements. Conceptual – requires enough detail to establish that it complies with all codes Grading and drainage plans + construction. Construction plans and details on how the site will be shaped based on the preliminary plat. Official recording of the plat. Verifies construction has been completed per plans, all previous conditions were met. Legal lots established – building permits for homes
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PROCESS x Complete application Notices Planning Review Building Review
Public Works Review Fire Dept Review Inspections Hearing Council Review Recording x Preliminary plat Site work Final plat Home construction
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Preliminary Plat Review – WMC 21.61.020
Applicability Public Notice Public Hearing Criteria Decisions Hearings Approval Criteria Infrastructure Improvements Bonding
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NEXT STEPS Staff will make any Planning Commission recommended changes
More internal reviews Public hearing
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21.80 DECISION CRITERIA Provides information for (nearly) every permit issued by the City Purpose Right-of-way permit Determination of consistency Shoreline conditional use permit Building permit Shoreline substantial development permit Boundary line adjustment Shoreline variance Binding site plan Sign permit Conditional use permit Site development permit Critical areas alteration/determination Special use permit Critical areas exception Subdivisions and short subdivisions, preliminary Design review Flood improvement permit Subdivisions and short subdivisions, final Flood variance Temporary use permit Home industry permit Tree removal permit Home occupation permit Variance Land use project approval Wireless service facility Master signage plan Zone map amendments, site specific Reasonable use permit
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21. 81 ADEQUACY OF PUBLIC FACILITIES 21
ADEQUACY OF PUBLIC FACILITIES DEVELOPMENT AGREEMENT PROCEDURE AND CRITERIA Important sections… but not critical for updates at this time Warrants specific and separate attention Related docket item for sewer connections in 21.81 Staff is deferring update to a later time
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TYPES OF PERMITS TYPE 1 Building Grading Right-of-way Design review
Home occupation permits TYPE 2 Short plats Land use approval Wireless facility Binding site plans Critical areas alteration TYPE 3 Subdivisions Conditional use Variances Shoreline permits Zoning map amendments Administrative approval Routine, staff-level decision Administrative approval Director-level decision Quasi-judicial approval Hearing Examiner level
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PROCEDURES - DETAILS CODIFIED
What items need to be included in a decision Building permit: signed plans, issued permit document Subdivision: Written findings, signed plans What applications vest and for how long Hearing procedures (staff report, proceedings, ex parte communication) When a decision is “final” Criteria for requesting an extension When an interpretation is appropriate
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21.84 NOTICES Notice of application Notice of hearing
Clarify contents (file number, site plan, where to review materials, SEPA) Notice of hearing Clarify contents (how to find materials, hearing procedure code, where and when) How long before a public hearing Notice of final decision SEPA, appeal process, reassessment information Who to send Where to notice Mail, City Hall, Post Office, newspaper, on-site, and website
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21.85 AMENDMENTS Combines Comprehensive Plan and Zoning Code amendment procedures Identical process, written differently in code Procedure – Application, due date, Planning Commission, City Council Decision Criteria Growth Management Act Applicable countywide planning policies Goals and policies of the Comprehensive Plan Result in long-term benefit to the City as a whole, and to the health, safety, and welfare of its residents; and Advances the public interest
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NEXT STEPS Staff will make any Planning Commission recommended changes
Staff and attorney review with changes Subdivisions will be added in due to placement in existing code “Translate” into an ordinance with strike-out deletion Public hearing and ordinance
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PROCEDURES TYPE 3 HOW? WHEN? Over the counter
Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period HOW? WHEN? Over the counter Submittal checklist 28 days after submittal Mail, post, publish 14 days after completeness To each department Typical day review By project manager When review is completed By applicant Within 90 days of comments Mail, post, publish 15 days before hearing Public, hearing examiner Post, publish days after hearing By party of record 14 days after decision issued
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DECISION CRITERIA (21.80, 21.81) TYPE 3 When does a permit apply?
Page 1 DECISION CRITERIA (21.80, 21.81) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period When does a permit apply? What criteria is the City reviewing to make a decision? What minimum infrastructure needs must be met?
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REVIEW PROCEDURES (21.83) TYPE 3 Permit consolidation process
Page 14 REVIEW PROCEDURES (21.83) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Permit consolidation process Pre-application meeting process Opportunity to identify issues and concerns Processing procedures Vesting
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COMPLETENESS (21.82.020) TYPE 3 28 days after receiving application
Page 18 COMPLETENESS ( ) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 28 days after receiving application Must have all information on the submittal checklist unless waived by staff Formal letter sent identifying whether the application is complete or if additional materials are required Provides a tool for vesting If the code changes, what code is the project subject to?
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NOTICE OF APPLICATION (21.82.020)
Page 27 NOTICE OF APPLICATION ( ) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 14 days after completeness Minimum information required Permit number Description Comment Period Post to site, post office, City Hall Mail to property owners within 500-ft Publish in Woodinville Weekly
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REVIEW PROCESS TYPE 3 Routed to applicable departments
Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Routed to applicable departments Building Planning Public Works Fire Typical 2-4 week review period City’s review must be completed within 120 days Comments are collated by project manager and sent to applicant
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COMMENT LETTER TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period May include requests for additional plan sheets, corrections to typos, or major changes to project Applicant must respond within 90 or 120 days or the application lapses May request time extension if needed Steps 5 and 6 are repeated until the application is ready
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NOTICE OF HEARING TYPE 3 15 days before hearing
Page 28 NOTICE OF HEARING TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 15 days before hearing Minimum information required Permit number Description Hearing date Post to site, post office, City Hall Mail to property owners within 500-ft Publish in Woodinville Weekly
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HEARING TYPE 3 Hearing examiner or City Council
Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Hearing examiner or City Council Open public hearing, public is invited to comment Decision must rely on the “record” – information and testimony provided Staff provides a staff report summarizing code compliance Staff, applicant, and public each provide a perspective Hearing body issues a decision 10 business days after the close of the hearing
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PERMIT ISSUANCE TYPE 3 Relies on decision criteria for approval
Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Relies on decision criteria for approval Does it meet the standards and specifications? Does it meet the intent and purpose of the code? Does it uphold the public health, safety, welfare? Any remaining fees are rectified Applicant receives the permit paperwork and approved set of plans Includes conditions regarding construction, mitigation, replanting, etc. Can be general or site-specific Permit valid for between 2 and 5 years
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APPEAL PERIOD TYPE 3 14-day appeal period
Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 14-day appeal period Only parties of record can appeal Type 1 permits: City and applicant Type 2 permits: +commenters Type 3 permits: +public hearing attendees Admin appeal goes to the next highest body Hearing Examiner City Council Judicial appeal goes to King County Superior Court
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