Chapter 15.10
DEVELOPMENT REVIEW PROCESS

Sections:

15.10.010    General provisions.

15.10.020    Pre-application.

15.10.030    Application and fee.

15.10.040    Review for completeness.

15.10.050    Technical review.

15.10.060    Notice of application.

15.10.070    Type I, administrative review process.

15.10.080    Type II, quasi-judicial review process.

15.10.090    Type III, legislative review process.

15.10.100    Final decision.

15.10.110    Notice of decision.

15.10.120    Reinitiation of hearings.

15.10.130    Notice of application.

15.10.140    Notice of public hearing.

15.10.150    Notice of decision.

15.10.160    Appeal provisions.

15.10.170    Filing of an appeal.

15.10.180    Judicial appeal.

15.10.010 General provisions.

A.  Unless otherwise required, where the city must review more than one application for a given development, all applications required for the development may be submitted for review at one time.  Where more than one application is submitted for a given development, and those applications are subject to different levels of review, then all the applications are subject to the highest level of review that applies.

B.  If this code does not expressly provide for review using one of the types of procedures, and another specific procedure is not required by law, the administrator shall classify the application as one of the three types of procedures.  The administrator shall consider the following guidelines when classifying the procedure type:

1.  Type I process (administrative) involves an application that is subject to clear, objective and nondiscretionary standard or standards that require the exercise of professional judgment about technical issues.

2.  Type II process (quasi-judicial) involves an application that is subject to objective and subjective standards that require the exercise of substantial discretion and about which there may be a broad public interest.  Example:  conditional use permits and variances.

3.  Type III process (legislative) involves the creation, implementation or amendment of policy or law by ordinance.  The subject of a Type III process applies to a relatively large geographic area.  Example:  zone changes, annexations, subdivisions, and planned unit developments.

C.  The following are the roles and responsibilities for each of the three review processes:

1.  The building and community development associate (BCDA) or designee shall review and act on administrative actions and Type I (administrative) applications.

2.  The board of adjustment shall review and act on Type II (quasi-judicial).  The board of adjustment shall hold a public hearing on a Type II (quasi-judicial).  Only one public hearing shall be held on a Type II (quasi-judicial) application.

3.  The planning commission shall review and make recommendations on Type III (legislative) process to city council.

4.  The city council shall act on Type III (legislative) applications after review and recommendation by the planning commission.  In addition, the city council shall review and act on appeals of Type I (administrative) and Type II (quasi-judicial).  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.020 Pre-application.

Applicants for all development permits are encouraged to contact the BCDA or city administrator prior to submitting an application to discuss the nature of the proposed development, applicable development standards, design alternatives, required permits and the review process.  The BCDA will arrange to have representatives of other agencies and departments with review authority attend the pre-application conference.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.030 Application and fee.

Any person, firm, or corporation may file an application.  A completed application with applicable submittal materials and fees as established in the annual fee schedule set forth by the city council shall be submitted to the BCDA.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.040 Review for completeness.

A.  Within twenty days of receiving a date-stamped application, the BCDA shall review the application for completeness, and provide the applicant with a written determination that the application is complete or incomplete.  If the application is found to be incomplete, the city shall identify the specific information or requirements that must be provided to constitute a complete application.

B.  An application is complete if it includes the following:

1.  A completed original application form signed by the owner(s) of the property subject to the application or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application;

2.  Information necessary to demonstrate compliance with the standards specified in the applicable section(s) of this title;

3.  A completed SEPA checklist, including all back-up materials, or, in the case that the project is exempt, a statement explaining why the project should be considered exempt under WAC 197-11-800;

4.  Suggested findings of fact supporting the proposed project and relating to each required finding in this title;

5.  Payment in full of all applicable fee(s) set forth in a yearly fee schedule adopted by the city council.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.050 Technical review.

The BCDA shall review the development application for compliance with the provisions of this title and the Colfax Comprehensive Plan, and other applicable city regulations, and the State Environmental Policy Act (SEPA).  The BCDA may seek the input and advice of other city departments and other state and federal agencies in performing this review.  The BCDA shall make a threshold determination pursuant to SEPA.  In addition, the BCDA may require such additional information as reasonably necessary to fully and properly evaluate the proposal.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.060 Notice of application.

Within fourteen days after making a determination that an application is technically complete, the BCDA shall publish a notice of application for all Type II and Type III projects and those Type I projects that are determined to require review under SEPA, in accordance with the requirements in Sections 15.10.130 through 15.10.150.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.070 Type I, administrative review process.

The BCDA may approve, approve with conditions, or deny Type I applications, subject to the notice and appeal requirements of this section.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.080 Type II, quasi-judicial review process.

A.  A Type II quasi-judicial review shall require an open record public hearing before the board of adjustment.

B.  The BCDA shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the development’s consistency with the requirements of this title, the Colfax Comprehensive Plan, zoning regulations, subdivision ordinance, and other applicable city regulations (findings of fact).  The recommendation shall include findings, conclusions and proposed recommendations for the disposition of the development application.

C.  The BCDA shall schedule a public hearing before the board of adjustment as soon as possible after a determination is made that a completed application requires a Type II review.  If possible, the date, time and location of the public hearing shall be included in the notice of application.  If the public hearing date is not established at the time of the notice of application, a separate notice, in accordance with Sections 15.10.130 to 15.10.150, shall be provided.

D.  At the time and in the place appointed, the board of adjustment shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable plans and regulations.

E.  The board of adjustment may grant approval, approval with conditions, or may deny the project based on the testimony received and the findings made.  Approvals under this section shall become final ten days after publication of the notice of decision, unless an appeal is filed with the Whitman County superior court.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.090 Type III, legislative review process.

A.  A Type III legislative review shall require a review and recommendation from the planning commission and a review including a public hearing before the city council.

B.  The BCDA shall prepare a report (findings of fact) and recommendation on the proposed amendment or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the amendment’s consistency with the requirements of this title, the Colfax Comprehensive Plan, other applicable city regulations, and applicable state and federal laws and regulations.  The staff report shall include findings, conclusions and proposed recommendations for the disposition of the development application.

C.  The BCDA shall schedule a public hearing before the city council as soon as possible after a determination is made that a completed application requires legislative review.  Notice of the time and place of the hearing shall be published in the notice of application, in accordance with Section 15.10.130.  A separate notice of public hearing shall be provided if the hearing date is not known at the time of the notice of application.

D.  At the time and in the place appointed, the city council shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable laws, plans and regulations.

E.  Whenever a proposed amendment to this title or other ordinance implementing the comprehensive plan, or an amendment to the comprehensive plan is considered by the planning commission, the commission shall prepare findings of fact supporting its action and transmit such findings to the city council with its recommendation for action.

F.  A recommendation to the council shall be by the affirmative vote of not less than a majority of those present at the particular meeting.  The approval shall be by a recorded vote, which shall incorporate the findings of fact and reasoning, and shall refer specifically to what is being amended.

G.  Upon receipt of a resolution by the planning commission with a recommendation of an ordinance, amendment to an existing ordinance, or an amendment to the comprehensive plan, the council shall conduct a public hearing for the purpose of taking testimony and hearing evidence on the proposal.  The council’s decision shall be based on the record established at the hearing and the facts described in the planning commission’s recommendation.

1.  Whenever the council makes a determination to modify or reject the planning commission findings of fact or recommendations, it shall adopt its own findings of fact and statement setting forth the factors considered and its own analysis of findings considered by it to be controlling.

2.  In the event of initiation of an amendment by the council, it shall refer the proposed amendment to the planning commission for consideration and recommendation prior to taking action.  Only one public hearing (before the city council) shall be held prior to council action.

3.  The council, before adoption, modification, or rejection of an amendment to this title, a zone change or a plan amendment, shall make findings of fact representing the official determination of the council and specifying the basis for the decision.

H.  Action by the city council regarding the initial adoption of any official land use controls or ordinances, any subsequent amendment to official controls or any subsequent amendment to the comprehensive plan, shall be final and conclusive, unless within twenty-one days from the date of publication of the notice of decision, the original applicant or a party adversely affected by the decision makes proper application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, a writ of mandamus, or other action as may be provided and allowed by law to review the action of the city council.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.100 Final decision.

A.  The review authority shall approve or deny a development proposal within the following time frames from the date of the letter of completeness:

1.  Ninety days for development applications, such as conditional use permit, variances, site plan review;

2.  Sixty days for preliminary subdivision plats;

3.  Thirty days for short plats;

4.  For development applications not identified in this section or subsection B of this section, the ninety-day time frame shall apply.

B.  Exceptions to this include:

1.  Amendments to the comprehensive plan or development code;

2.  Any time required correcting plans, performing studies or providing additional information; provided, that within fourteen days of receiving the requested additional information, the administrator shall determine whether the information is adequate to resume the project review;

3.  Substantial project revisions made or requested by an applicant, in which case the ninety days will be calculated from the time that the city determines the revised application to be complete;

4.  All time required for the preparation and review of an environmental impact statement, if required under SEPA;

5.  Projects involving the siting of an essential public facility;

6.  An extension of time mutually agreed upon by the city and the applicant;

7.  Any remand to the hearing body;

8.  All time required for an appeal of a determination of significance.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.110 Notice of decision.

A.  After a decision is made by the review authority, the BCDA shall prepare a notice of decision that contains the following:

1.  A description of the project or requested action and the location of the property;

2.  A statement of any SEPA threshold determination;

3.  A statement of the action taken by the review authority;

4.  A statement that the action is final unless an appeal is submitted within the appeal period set by this title.  The final appeal date shall be provided;

5.  A statement describing the procedure for an appeal;

6.  A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

B.  The notice of decision shall be distributed as follows:

1.  Mailing of the notice to the applicant or applicant’s representative and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted comments on the application;

2.  Mailing of the notice to the county assessor’s office.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.120 Reinitiation of hearings.

No person, except the board of adjustment, planning commission, or city council, shall reapply or reinitiate a petition for a zone change or conditional use for which a public hearing was held, and said request was denied or withdrawn, within a period of time less than one year after action by the city council.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.130 Notice of application.

A.  Within fourteen days of issuing a letter of completeness under Section 15.10.040, the BCDA shall issue a notice of application.  The notice shall include but not be limited to the following:

1.  The name of the applicant;

2.  Date of application;

3.  The date of the letter of completeness;

4.  The location of the project (address, assessor’s parcel number(s), or legal description);

5.  A description of the proposed project;

6.  The requested approvals, actions, and/or required studies;

7.  A public comment period not less than fourteen nor more than thirty days;

8.  Identification of existing environmental documents;

9.  A city contact and phone number;

10.  The date, time, and place of a public hearing if one has been scheduled;

11.  A statement that the decision on the application will be made within ninety days of the date of the letter of completeness, or such additional time period as set forth in Section 15.10.100;

12.  A statement of the preliminary determination, if one has been made at the time of notice, of the development regulations that will be used for project mitigation and to determine consistency with this title;

13.  SEPA determination, if known at the time of the notice.

B.  The notice of application shall be distributed as follows:

1.  Posted in at least three public buildings, at least fourteen days, but not more than thirty days, prior to the hearing;

2.  If the proposed action is site-specific, notice shall be mailed to all property owners within three hundred feet of the site, excluding right-of-way.  The property owners shall be as shown on the most recent county assessor’s records.  The applicant shall provide addressed, prestamped envelopes.

C.  Notice of an application for Type I procedure shall be made as follows:

1.  The BCDA or city administrator shall notify the adjacent property owners of intent to grant approval.  Notification shall be made by certified mail (return receipt requested).

2.  Final approval will be granted unless a request for a public hearing is filed with the city clerk within fourteen days of the date of the notice.

D.  Notice of an application for Type II procedure shall be made as follows:

1.  Mail to all property owners within three hundred feet, not including street rights-of-way, of the boundaries of the property which is subject of the hearing.  The notice shall be postmarked at least seven days, but no more than fourteen days, prior to the date of the public hearing.  Addressed, prestamped envelopes shall be provided by the applicant.  The property owners shall be as shown on the most recent county assessor’s records;

2.  Post notice of the requested action on all street frontages of the property (properties) affected using notices provided by the administrator.

E.  Notice of an application for Type III procedure shall be made as follows:

1.  If the proposed action is for a specific site, notice shall be mailed to all property owners within three hundred feet, not including street rights-of-way, of the boundaries of the property which is subject of the hearing.  The notice shall be postmarked at least fourteen days, but no more than thirty days, prior to the date of the public hearing.  Addressed, prestamped envelopes shall be provided by the applicant.  The property owners shall be as shown on the most recent county assessor’s records;

2.  If the proposed action is for a specific site, notice of the requested action shall be posted by the applicant on all street frontages of the property (properties) affected using notices provided by the administrator.

3.  If the application would apply to a large number of properties (for example, an entire zone district), publication of a map of areas affected may substitute for individual notice.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.140 Notice of public hearing.

A.  If the public hearing date is not provided in the notice of application, a separate notice of a public hearing for all development applications shall be given as follows:

1.  Publication at least ten days before the date of a public meeting, hearing, or pending action in a newspaper of general circulation in the city; and

2.  Mailing at least ten days before the date of a public meeting, hearing, or pending action to all property owners as shown on the records of the county assessor and to all street addresses of properties within three hundred feet, not including street rights-of-way, of the boundaries of the property which is the subject of the meeting or pending action.  Addressed, prestamped envelopes shall be provided by the applicant; and

3.  Posting at least ten days before the meeting, hearing, or pending action in three public places where ordinances are posted and at least one notice on the subject property.

B.  The public notice shall include a general description of the proposed project; action to be taken; a nonlegal description of the property or a vicinity map or sketch; the time, date and place of the public hearing and the place where further information may be obtained.

C.  If for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.150 Notice of decision.

A.  After a decision is made by the review authority, the BCDA shall prepare a notice of decision that contains the following:

1.  A description of the project or requested action and the location of the property.

2.  A statement of any SEPA threshold determination.

3.  A statement of the action taken by the review authority.

4.  A statement that the action is final unless an appeal is submitted within the appeal period set by this title.  The final appeal date shall be provided.

5.  A statement describing the procedure for an appeal.

6.  A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

B.  The notice of decision shall be distributed as follows:

1.  Mailing of the notice to the applicant or applicant’s representative and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted comments on the application.

2.  Mailing of the notice to the county assessor’s office.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.160 Appeal provisions.

A.  Any decision on an application for permits described in this title may be appealed, by applicants or parties of record, as follows:

1.  Interpretations, SEPA determinations, and Type I decisions may be appealed to the city council within fourteen calendar days of the decision.

2.  Type II and Type III decisions may be appealed to Whitman County superior court within twenty-one days, respectively, of the publication of the notice of decision as described in Section 15.10.150.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.170 Filing of an appeal.

A.  The notice of appeal shall contain a concise statement identifying:

1.  The decision being appealed;

2.  The name and address of the appellant;

3.  The specific reasons for the appeal (the appellant shall bear the burden of proving why the decision is inappropriate); and

4.  The desired outcome or changes to the decision.

B.  The appeal fee shall be paid by the appellant in accordance with the fee resolution adopted by the city council.  (Ord. 15-13 §1 (Exh. 2) (part)).

15.10.180 Judicial appeal.

A.  Appeals from the final decision of the board of adjustment, planning commission, or city council for which other appeals specifically authorized have been timely exhausted, shall be made to Whitman County superior court within twenty-one days of the date of publication of the notice of decision, unless another time period is established by state law or local ordinance.  No person having actual prior notice of the proceedings of the board of adjustment, planning commission, or the city council hearings shall have standing to challenge the final action unless such person was a party of record at the final hearing.

B.  Notice of the appeal and any other pleadings required to be filed with the court shall be served to the administrator.

C.  The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant.  The appellant shall post with the city administrator prior to the preparation of any records an advance fee deposit set forth in the fee schedule developed annually by city council.  Any overage will be promptly returned to the appellant.  (Ord. 15-13 §1 (Exh. 2) (part)).