Post Decision Review (PST)

Web page revised 1.1.26

What is a Post Decision Review?

A post decision review is a process established to consider changes to originally approved development plans. Such changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits or laws. A proposed post decision change cannot substantially change the nature of originally approved development. A post decision review application can be submitted any time prior to final site plan or final plat approval.

Depending on the nature of the change, the review process to consider a change may be less onerous than required for the initial land development application. The Responsible Official will determine if the requested change requires a Type I, II, or III review. A decision that is denied is not eligible for post decision review.

How does the responsible official determine the appropriate review process?

The responsible official must first determine if the proposed change is eligible for a post decision review (the proposed change is of a minor nature and, therefore, not subject to a new application). Next, the proposed change must be classified for the type of review based upon the following criteria.

Type I Decision

An application for post decision review of a Type I decision shall be subject to a Type I review process.

An application for post decision review of an initial Type II, Type II-A or Type III decision shall be subject to a Type I review process, provided the change:

Will not result in an increase in land use activity or intensity; and,
Will not result in an adverse impact; and,
Does not involve an issue of broad public interest.

Type II Decision

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 Section 40.520.060(E)(2).

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:

Does not increase the potential adverse impact of the development authorized by the decision or SEPA determination;
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;
Requires a Type I or Type II variance;
Is consistent with county, state and federal laws and regulations, but may involve changes that neighboring property owners should be aware of; and,
Does not involve an issue of broad public interest, based on the record of the decision.

Type III Decision

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:

Proposes reductions in effectiveness of exterior landscaping;
Proposes to reduce dedications for public facilities;
Results in a change of routing traffic or requires a road modification that has off-site impacts;
Reduces transportation safety or concurrency obligations;
Exceeds the limits of 40.520.060.E.4.b;
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.
Increases the potential adverse impact of the development authorized by the decision or SEPA determination.

All decisions

When a post decision request for a change involves a condition of approval that was imposed in the original decision, the subject condition of approval can only be changed by the same type of review process as the original decision.

Is a post decision review required for road modifications?

Design modifications requested after the preliminary development application is approved require a road modification and post decision review application. Design modifications include reduced sight distances, changes in vertical alignment, horizontal alignment, geometric design (length, width, bulb radius, etc.), design speed, crossroads, access, and alternative designs that provide a plan superior to the adopted standards. Administrative modifications such as changes in surface materials, asphalt and/or base rock thickness less than required, exceed the maximum street grads, etc. do not require a post decision application. For more information, see Road Modifications.