Chapter 17.108
DEVELOPMENT REVIEW PROCESS
Sections:
17.108.010 Purpose and intent.
17.108.020 General provisions.
17.108.040 Application and fee.
17.108.050 Completeness review.
17.108.060 Notice of application.
17.108.080 Environmental review.
17.108.090 Type I, administrative reviews not requiring notice.
17.108.100 Type II, administrative reviews with notice.
17.108.110 Type III, quasi-judicial permit review process.
17.108.120 Type IV, quasi-judicial development review process.
17.108.130 Type V, legislative review process.
17.108.160 Notice of decision.
17.108.170 Reinitiation of hearings.
17.108.010 Purpose and intent.
The purpose of this chapter is to provide procedures for the review of applications that will ensure that the requirements of this title are met, and the goals and policies of the Colville comprehensive plan are achieved. The intent is to integrate the development permit and environmental review process, as well as to consolidate the development review, wherever possible, in order to avoid duplication and delay. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.020 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.
B. No more than one open record hearing and one closed record appeal shall be heard on any Type I, II, III or IV land use application, except for the appeal of a determination of significance as provided in RCW 43.21C.075. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.030 Preapplication.
A. Applicants for a Type I or II review are encouraged to contact the administrative official prior to submitting an application to discuss the nature of the proposed development, applicable development standards, design alternatives, required permits and the review process.
B. Applicants for a Type III, IV, or V review shall request a preapplication meeting prior to submitting an application. A preapplication meeting shall be held to discuss the nature of the proposed development, applicable development standards, design alternatives, required permits, availability of services, and the review process.
1. The applicant shall have prepared for the meeting the general outlines of the proposal, evidenced schematically by sketch plans. The more detail that the applicant is able to provide for the preapplication review, the more thorough the response and guidance city staff will be able to provide on meeting the requirements of this title.
2. The administrative official may furnish the applicant with a written summary of the preapplication meeting regarding the relation of the project to general development objectives and applicable city ordinances and policies, or seek further input from the technical review committee. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.040 Application and fee.
Any person, firm, or corporation may make application. A completed application with applicable submittal materials and fees as established by resolution of the city council shall be submitted to the administrative official. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.050 Completeness review.
A. Within 14 days of receiving a date-stamped application, the administrative official 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 administrative official 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. In addition, the administrative official may require such additional information as reasonably necessary to fully and properly evaluate the proposal.
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) adopted by the city council. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.060 Notice of application.
A. Within 14 days after making a determination that an application is complete, the administrative official shall publish a notice of application on Type II applications requiring SEPA review and on all Type III and IV applications in accordance with the requirements of CMC 17.112.020.
B. The notice of application begins a public comment period of not less than 14 days and not more than 30 days. (Ord. 1352 NS § 1, 2005; Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.070 Technical review.
The technical review committee (TRC) shall review the development application for compliance with the provisions of this title and the city of Colville comprehensive plan, and other applicable city regulations, including the State Environmental Policy Act (SEPA). The committee shall make a determination that the application provides all technical analysis needed to support a decision under the provisions of this title. The committee shall also make a threshold determination pursuant to SEPA and the SEPA threshold determination shall be signed by the chair of the TRC. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.080 Environmental review.
A. Developments and planned actions subject to the provisions of SEPA shall be reviewed in accordance with applicable policies and procedures of Chapter 197-11 WAC.
B. SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:
1. Projects categorically exempt from SEPA.
2. Components of previously completed planned actions, to the extent permitted by law and consistent with the EIS for the planned action.
C. If an appeal is filed on a SEPA determination, the appeal and the subject application shall be considered at the same hearing. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997).
17.108.090 Type I, administrative reviews not requiring notice.
A. The administrative official may approve, approve with conditions, or deny Type I applications.
B. No notice, public comment period, or administrative appeal shall be required for Type I decisions. (Ord. 1324 NS § 14, 2004; Ord. 1279 NS § 10, 2002; Ord. 1160 NS § 1, 1997).
17.108.100 Type II, administrative reviews with notice.
A. The administrative official may approve, approve with conditions, or deny Type II applications, subject to the notice and appeal requirements of this section.
B. Within 120 days, a notice of decision must be published in accordance with CMC 17.112.040. The notice of decision may be a copy of the report or decision on the project permit application. Preliminary approvals under this section shall become final if no appeal is submitted within 14 calendar days from the date of the notice of decision. (Ord. 1324 NS § 14, 2004).
17.108.110 Type III, quasi-judicial permit review process.
A. A Type III, quasi-judicial permit review shall require a public hearing before the zoning board of adjustment.
B. The administrative official 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 Colville comprehensive plan, and other applicable city regulations. The staff report shall include findings, conclusions and proposed recommendations for the disposition of the development application.
C. The administrative official shall schedule a public hearing before the zoning board of adjustment as soon as possible after a determination is made that a completed application requires a Type III review. Notice of the time and place of the hearing shall be published in accordance with Chapter 17.112 CMC. The applicant will be encouraged to hold an informational meeting at least 30 days prior to the public hearing to discuss the proposal and consider public input.
D. At the time and in the place appointed, the zoning 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 zoning board of adjustment may grant preliminary approval, approval with conditions, or may deny the project based on the testimony received and the findings made. This decision shall be final unless within 10 calendar days of the publication of the notice of decision an appeal is filed with the Stevens County superior court. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997. Formerly 17.108.100).
17.108.120 Type IV, quasi-judicial development review process.
A. A Type IV, quasi-judicial development review shall require a public hearing before the planning commission, before that body makes a recommendation to the city council regarding action on the application.
B. The administrative official shall prepare a staff report on the proposed action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the proposal’s consistency with the requirements of this title, the Colville 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 administrative official shall schedule a public hearing before the planning commission as soon as possible after a determination is made that a completed application requires a Type IV review. Notice of the time and place of hearing shall be published in the notice of application, in accordance with Chapter 17.112 CMC. The applicant will be encouraged to hold an informational meeting at least 30 days prior to the first public hearing to discuss the proposal and consider public input.
D. At the time and in the place appointed, the planning commission 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. Only one public hearing before the planning commission shall be held prior to council action.
E. Whenever a Type IV, quasi-judicial development review application is considered by the planning commission at a public hearing, the commission shall prepare findings of fact supporting its recommended action and transmit such findings to the city council for final action.
F. A recommendation to the council shall be by the affirmative vote of not less than a majority of the total members of the commission. 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 recommended.
G. Upon receipt of a recommendation by the planning commission, the council shall conduct a closed record hearing. The council’s decision shall be based on the record established by the planning commission.
H. Whenever the council makes a determination to adopt, modify or reject the planning commission findings of fact or recommendations, the council shall adopt findings of fact representing the official determination of the council and specifying the basis for the decision. (Ord. 1324 NS § 14, 2004).
17.108.130 Type V, legislative review process.
A. A Type V, legislative review shall require an informational meeting at least 30 days prior to a public hearing before the planning commission, before that body makes a recommendation to the city council regarding action on the application.
B. The administrative official shall prepare a staff report 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 Colville 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 proposed amendment or action.
C. The administrative official shall schedule a public hearing before the planning commission a minimum of 30 days following at least one public informational meeting. Notice of the time and place of the hearing shall be published in accordance with the public participation policy, as contained in Article II of Chapter 17.96 CMC.
D. At the time and in the place appointed, the planning commission 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 ordinance or amendment to this title or CMC Title 16, Land Divisions, or other ordinance implementing the comprehensive plan, or an amendment to the comprehensive plan is considered by the planning commission at a public hearing, the commission shall prepare findings of fact supporting its recommended action and transmit such findings to the city council for final action.
F. A recommendation to the council shall be by the affirmative vote of not less than a majority of the total members of the commission. 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 recommendation by the planning commission, the council shall conduct a closed record hearing. The council’s decision shall be based on the record established by the planning commission.
H. Whenever the council makes a determination to adopt, modify or reject the planning commission findings of fact or recommendations, the council shall adopt findings of fact representing the official determination of the council and specifying the basis for the decision.
I. 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. A minimum of one public hearing before the planning commission shall be held prior to council action.
J. 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 appealed to the Growth Management Hearings Board as provided under Chapter 36.70A RCW. (Ord. 1352 NS § 2, 2005; Ord. 1324 NS § 14, 2004; Ord. 1278 NS § 7, 2002; Ord. 1160 NS § 1, 1997. Formerly 17.108.110).
17.108.140 Recess of hearing.
The review authority may recess a public hearing on a proposed project to obtain additional information or to serve further notice upon other property owners or persons it determines may be interested in the proposed amendment. Before recessing for this purpose, the review authority shall announce the time when and the place where the hearing will be resumed. A new notice stating the date, time, place and purpose for resumption of the hearing shall be given by the administrative official in accordance with the provisions of Chapter 17.112 CMC. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997. Formerly 17.108.120).
17.108.150 Final decision.
A. The review authority shall approve or deny a development proposal within the following timeframes from the date of the letter of completeness:
1. One hundred twenty days for development applications, such as conditional use permit, variance, and site plan review;
2. Ninety days for preliminary subdivision plats;
3. Thirty days for short plats and final subdivision plats.
B. For development applications not identified in this section, the 120-day timeframe shall apply. Exceptions to this shall include:
1. Amendments to the comprehensive plan or development code, or any development regulation that would require a comprehensive plan amendment.
2. Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the administrative official 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 120 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.
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. All time required to obtain a variance.
8. Any remand to the hearing body.
9. All time required for an appeal of a determination of significance.
10. Processing of a development agreement.
C. If the city is unable to issue the final decision within the specified timeframes, the city shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997. Formerly 17.108.130).
17.108.160 Notice of decision.
As soon as feasible after the hearing, and within the specified timeframe, the administrative official shall prepare and distribute a notice of decision for all Type II, III and IV applications, in accordance with the requirements of CMC 17.112.040. (Ord. 1352 NS § 3, 2005; Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997. Formerly 17.108.140).
17.108.170 Reinitiation of hearings.
No person, except the 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 the following:
A. Six months after action by the planning commission.
B. One year after action by the city council. (Ord. 1324 NS § 14, 2004; Ord. 1160 NS § 1, 1997. Formerly 17.108.150).
17.108.180 Exclusions.
The following project permits are excluded from the provisions of the integrated and consolidated permit process and the requirements of CMC 17.108.060 and 17.108.160:
A. Boundary line adjustments;
B. Building and other construction permits or similar administrative approvals, categorically exempt from environmental review under Chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits. (Ord. 1324 NS § 14, 2004; Ord. 1279 NS § 11, 2002; Ord. 1160 NS § 1, 1997. Formerly 17.108.160).