Ordinance 2137-96 - Laserfiche WebLink

The planning commission shall retain jurisdiction over all other rezones not listed above including rezones combined with comprehensive plan amendments and all rezones (amendments)set forth in Section 19.41.170. 3. Jurisdiction Retained by Planning Commission. Under the provisions of Chapter 2.20 and RCW Chapter 35.63, the planning commission shall retain jurisdiction for all applications for development not assigned to the hearing examiner. 4. Jurisdiction Retained by Examiner.Whenever the examiner renders a decision or a recommendation, the examiner retains jurisdiction for the purpose of making minor changes. A"minor change" is a change which does not alter the scope of the decision or recommendation. Upon receipt of an application for a minor change, the examiner may approve or disapprove a minor change(s) by issuance of a written order. Copies of the order shall be mailed to all parties of record. Within ten days of the date of the issuance of the order, a party of record may submit a written request with the hearing examiner's office requesting a hearing. Upon receipt of such request, the examiner's order approving the minor change will be stayed pending the hearing. Absent receipt of a request for hearing, the order shall become final upon expiration of the ten-day period. The written order shall take the form of the underlying approval(i.e., decision or recommendation). B. Recommendation or Decision, Conditions. 1. The examiner's recommendation or decision may be to grant or deny the applications, or the examiner may recommend or require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the city's environmental policy ordinance, comprehensive plan, shoreline management master program, housing assistance plan, other applicable plans and programs adopted by the city council, the zoning ordinance, the subdivision ordinance and other codes and ordinances of the city of Everett. Conditions, modifications and restrictions which may be imposed are,but are not limited to: a. Exact location and nature of development, including additional building and parking area setbacks, screening in the form of landscaped berms, landscaping or fencing; b. Measures to mitigate the adverse environmental impacts of the development; c. Hours of use or operation or type and intensity of activities; d. Sequence and scheduling of development; e. Maintenance of the development; f. Duration of use and subsequent removal of structures; g. Granting of easements and dedications of roads, walkways, utilities or other purposes and dedication of land or other provisions for public facilities, the need for which the examiner finds would be generated in whole or in significant part by the proposed development; h. Provisions which would bring the proposal into compliance with the comprehensive plan; i. Posting of assurance devices as required to insure compliance with any conditions,modification and/or restrictions imposed on the proposal. 2. For the purposes of this section, the examiner shall have all the powers of the board of adjustment and the city's planning director. 3. Notwithstanding the provisions of this chapter, the hearing examiner is authorized to hold pre-hearing conference. Further, in an effort to promptly and equitably 3