The concurrency test decision of the public works official may be appealed except that the appeal cannot be for the following reasons:
(1) The methodology of the concurrency test in the comprehensive plan and in this title is incorrect;
(2) The adopted level of service established in the comprehensive plan is incorrect; and
(3) A provision of this title is incorrect or invalid.
Who may request an appeal.
Only the following may appeal:
(1) The applicant or authorized agent of the property owner;
(2) Any agency with jurisdiction; and
(3) Any individual or other entity who is specifically and directly affected by the proposed development.
Filing of appeal.
(1) The appeal must be filed with the public works Transportation Engineer, Thang Nguyen at firstname.lastname@example.org within fourteen calendar days of the issuance of a concurrency test notice.
(2) The appeal must be in writing and designated as a “notice of appeal,” and must contain a brief and concise statement of the matter being appealed, the specific components or aspects of the decision that are being appealed, the basic rationale or contentions on appeal, and a statement demonstrating standing to appeal. The appeal may also contain whatever supplemental information the appellant wishes to include.
(3) The burden of proof shall be on the applicant or agent to show that the decision of the public works official was in error.
(4) The notice of appeal shall be accompanied by the appeal and fee established in Chapter 5.74 of the Kirkland Municipal Code. (Ord. 4509 § 17, 2015: Ord. 3830 § 1 (part), 2002)
Hearing on appeal.
Appeals will be heard at the open record hearing for the underlying development or building permit and decided upon by the hearing examiner. For more information please see Sections 25.23.060 through 25.23.080 of the Kirkland Municipal Code.