17.06.039 Type III, Legislative Review Process.
A. A Type III, Legislative, review shall require a review before the Planning Commission, a commission recommendation to the City Council, and a hearing before the City Council. (Ord. 1678, 2008).
B. The Administrator shall prepare a report 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 Kettle Falls 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. (Ord. 1678, 2008).
C. The Administrator shall schedule a public hearing before the Planning Commission 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 17.06.052. A separate notice of public hearing shall be provided if the hearing date is not known at the time of the Notice of Application. (Ord. 1678, 2008).
D. At the time and in the place appointed, the Planning Commission shall conduct an open record 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. (Ord. 1678, 2008).
E. Whenever a proposed amendment to the Unified Development Ordinance 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 of approval, or approval with conditions 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. (Ord. 1678, 2008).
G. Upon receipt of a recommendation by the Planning Commission of an ordinance, amendment to an existing ordinance, or an amendment to the Comprehensive Plan, the Council shall conduct a closed record public hearing. The Council’s decision shall be based on the record established at the hearing and the facts described in the Planning Commission 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 to proposed amendment to the Planning Commission for consideration and recommendation prior to taking action. Only one (1) closed record public hearing (before the City Council) shall be held prior to Council action. (Ord. 1678, 2008).
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 specify the basis for the decision. (Ord. 1678, 2008).
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 21 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, or a writ of mandamus, or other action as may be provided and allowed by law to review the action of the City Council.