40.520.060 Post-Decision Review
A. Purpose.
The purpose of this section is to allow minor changes to preliminarily approved development applications in a timely and cost effective manner. Such changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits, or laws. It allows for public notice and input relative to the degree and scope of the proposed changes. The responsible official may approve some de minimis changes without a post-decision review using the final plat/final site plan review process.
B. Applicability.
An applicant who has obtained preliminary approval of a development application, including land division, site plan review, conditional use permit, or planned unit development, may file a post-decision review application requesting a minor change to aspects of the development proposal or conditions of approval. The post-decision review application may be filed at any time during the period of validity of the preliminary decision; provided:
1. A post-decision review application shall not be accepted for a land division after a final plat has been recorded.
2. A post-decision review application for a site plan review shall not be accepted for a development after issuance of a certificate of occupancy.
a. For phased site plan review projects, no application for post-decision review shall be accepted for a phase after issuance of an occupancy permit for that phase.
3. Post-decision review shall not substantially change the nature of development approved under a given decision.
4. An application that is denied is not eligible for post-decision review.
C. Modification of a development other than by a timely appeal or post-decision review shall be through review of a new application; provided, a new application cannot be filed within one (1) calendar year after the date of a decision denying a substantially similar application, unless such earlier decision provides otherwise.
The responsible official may determine that proposed changes exceed the scope of the post-decision review process and that a new development application is warranted. Such determination may be appealed to a Hearings Examiner in accordance with Section 40.510.010(E).
D. Vesting.
Vesting for a proposed development is based on the original development application, in accordance with Section 40.510.010(D), 40.510.020(G), or 40.510.030(G); provided, that any changes that increase impacts beyond the original development application will be subject to the applicable ordinances in effect on the day that a fully complete post-decision review application is filed.
E. Classification.
The responsible official shall classify the application as subject to a Type I, Type II, or Type III process. This classification decision may be appealed to the Hearings Examiner in accordance with Section 40.510.010(E).
1. An application for post-decision review of a Type I decision shall be subject to a Type I review process.
2. An application for post-decision review of a Type II, Type II-A or a Type III decision shall be subject to a Type I review process, if the responsible official finds that the requested change in the decision:
a. Will not result in an increase in land use activity or intensity; and
b. Will not result in an adverse impact; and
c. Does not involve an issue of broad public interest.
3. An application for post-decision review of a Type II decision or a Type II-A decision not subjected to public hearing shall be subject to a Type II review process if it does not qualify for Type I review under subsection (E)(2) of this section.
4. An application for post-decision review of a Type II-A decision that was subjected to public hearing or a Type III decision shall be subject to a Type II review process if the responsible official finds that the requested change in the decision:
a. Does not increase the potential adverse impact of the development authorized by the decision or SEPA determination;
b. Adds up to two (2) lots for a subdivision that proposed up to twenty (20) lots; three (3) lots for a subdivision that proposed up to forty (40) lots; or five (5) lots for a subdivision that proposed more than forty (40) lots;
c. Requires a Type I or Type II variance;
d. Is consistent with county, state and federal laws and regulations, but may involve changes that neighboring property owners should be aware of;
e. Does not involve an issue of broad public interest, based on the record of the decision. An issue of public interest is one about which testimony was submitted to the record either at the public hearing or in writing.
5. An application for post-decision review of a Type II-A decision that was subjected to public hearing or a Type III decision shall be subject to a Type III review process if it:
a. Proposes reductions in effectiveness of exterior landscaping;
b. Proposes to reduce dedications for public facilities;
c. Results in a change of routing traffic or requires a road modification that has off-site impacts;
d Reduces transportation safety or concurrency obligations;
e. Exceeds the limits of subsection (E)(4)(b) of this section;
f. Involves an issue of broad public interest based on the record of the decision. An issue of public interest is one about which testimony was submitted to the record either at the public hearing or in writing;
g. Increases the potential adverse impact of the development authorized by the decision or SEPA determination.
6. When a post-decision review application requests a change involving a condition of approval that was imposed in the original decision to address a specific potential impact of the proposed development, that condition of approval can be changed only using the same type process as the original decision.
(Amended: Ord. 2012-12-23)
F. Submittal Requirements.
Application for post-decision review shall include the following:
1. A narrative describing the nature of the proposed change to the development and the basis for that change, including the applicable facts and law;
2. A copy of the approved development plan;
3. A copy of the original development review decision and any approved modifications;
4. A copy of the proposed development plan;
5. Application fee;
6. Reduced copies eleven (11) inches by seventeen (17) inches in size shall be included for any application materials larger than eleven (11) inches by seventeen (17) inches in size; and
7. Any other relevant information the applicant thinks may be helpful.
(Amended: Ord. 2010-08-06)