17.52.100 Review procedure.
A. Preapplication Review. Prior to formally submitting an application, applicants are encouraged to contact the various city departments for information regarding development requirements.
B. Review of the Preliminary Development Plan.
1. An application containing the information required in Section 17.52.090 shall be submitted to the department.
2. Final action shall be taken by the hearing examiner within one hundred twenty (120) days from the date of a determination that the application is complete in accordance with RCW 36.70B.070. If the hearing examiner is unable to issue a final decision within the time limits provided for in this section, the hearing examiner shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been meet and an estimated date for final action on the application. Exceptions to the one-hundred-twenty (120) day time limit include:
a. Proposals which require amendments to the comprehensive plan or development regulations;
b. Any time required to correct plans, perform studies or provide additional information. The director shall determine whether the information is adequate to resume the project and inform the applicant of this decision;
c. Substantial project revisions made or requested by an applicant, in which case the one hundred (100) days will be calculated from the time that the city determines the revised application to be complete;
d. All time required for the preparation and review of an environmental impact statement;
e. Any period for administrative appeals of project permits;
f. An extension of time mutually agreed upon in writing by the city and the applicant;
g. Projects that require the approval of a new fully contained community, a master planned resort, or the siting of an essential public facility as provided in RCW 36.70B.090.
3. The department shall place the application on the agenda for the first regularly scheduled or special public meeting of the planning commission which satisfies public notice requirements. Notice of the public meeting shall be in substantially the same form as provided in Section 17.64.080 for public hearings. The planning commission may continue its review of the application to its next regularly scheduled public meeting without further notice. The planning commission may hold an informal public hearing at its meeting to obtain comments from the public or other agencies. The proceedings may be recorded and comments from the public may be considered by the planning commission in preparing its report to the hearing examiner.
4. The planning commission shall review the proposed planned development for compliance with the review criteria for planned developments and other city regulations. After its review, the planning commission shall report to the hearing examiner as to whether the planned development should be approved, approved with conditions, or denied. The report and recommendation of the planning commission shall be completed and forwarded to the department within ninety (90) days from the determination that a completed application has been filed and shall be included in the department’s project permit application file.
5. The hearing examiner shall schedule an open record public hearing on the application to receive testimony, documents, evidence, and other information to create the record on which the hearing examiner’s decision shall be made. Notice of the open record hearing shall be as provided in Section 17.64.080. The open record hearing shall be held after the planning commission has filed its report with the department, or within ninety (90) days after the determination that the application is complete, whichever occurs first.
6. The hearing examiner shall determine whether the proposed planned development and rezone is in compliance with all city codes and policies. The hearing examiner may approve, approve with conditions, or deny the application. The hearing examiner shall follow the procedure established by Chapter 2.30 in conducting the hearing and issuing a decision.
7. The decision of the hearing examiner may be appealed within twenty-one (21) calendar days as provided in Section 2.30.130.
C. Review of the Final Development Plan.
1. A final development plan containing the information required in Section 17.52.090 shall be submitted to the department. All drawings pertaining to the final development plan shall be prepared on mylar sheets eight (8) by twenty-four (24) inches in dimension. A margin line shall be drawn completely around each sheet leaving an entirely blank margin of two and one-half (2.5) inches on the left and one-half (0.5) inch on all remaining sides. Written material shall be submitted unbound, typed and on eight and one-half (8.5) by eleven (11) inch paper. The information provided shall reflect the planned development as approved by the hearing examiner.
2. The department shall review the final development plan for compliance with the approved preliminary development plan, including any required conditions. The department may approve minor adjustments; provided, the adjustments do not affect the basic character or arrangements of buildings, density of the development or minimum requirements for total open space. Minor adjustments may affect the precise dimensions or location of buildings and accesses; provided, the adjustments do not vary by more than ten (10) percent from the preliminary development plan.
3. A final development plan meeting all requirements shall be signed by the department and placed on file with the city and the Grays Harbor County Auditor. Any aggrieved person may appeal the decision of the department to the hearing examiner within ten (10) days of the decision. No development shall occur on the subject property until the appeal period has expired.
4. If the department determines the final development plan is not in compliance with the approved preliminary development plan, the applicant shall either resubmit the final development plan, appeal the determination to the hearing examiner, or withdraw from the planned development review process. All appeals shall be made within ten (10) days of the decision of the department.
5. The department’s review of the final development plan shall be completed within forty-five (45) days of submittal. If no determination to accept or reject the final development plan is made within the forty-five (45) day period, the plan shall be automatically approved as presented.
6. If an appeal of the department’s decision is filed, the department shall schedule the appeal for a public hearing before the hearing examiner as provided in Chapter 2.30. Notice of the hearing shall be as provided in Section 17.64.080. At such public hearing, the hearing examiner shall determine whether the final development plan is in compliance with the approved preliminary development plan. If the hearing examiner determines that compliance has been met, then the department shall be directed to approve the final development plan in accordance with subsection (C)(3) of this section. If the final development plan is determined by the hearing examiner not to comply with the approved preliminary development plan, then the final development plan shall be corrected accordingly by the applicant and resubmitted to the department.
D. Following approval of the final development plan, the department shall amend the zoning map of the city of Aberdeen to reflect the addition of the PD combining district to the underlying zoning district.
Prior to the adoption of 6367 on 09/22/2004, Section 17.52.100 read as follows.
A. Preapplication Review. Prior to formally submitting an application, applicants are encouraged to contact the various city departments for information regarding development requirements.
B. Review of the Preliminary Development Plan.
1. An application containing the information required in Section 17.52.090 shall be submitted to the department.
2. Review of the preliminary application shall be completed within one hundred one (101) days after all requirements under the state Environmental Policy Act have been satisfied.
3. The department shall schedule the application for a public hearing before the first available planning commission meeting which satisfies public hearing notice requirements. Notice of the hearing shall be as provided in Section 17.64.080.
4. At such hearing, the planning commission shall determine whether the proposed planned development is in compliance with the review criteria for planned developments and other city regulations. After its review, the planning commission shall issue a recommendation to the city council as to whether the planned development should be approved, approved with conditions, or denied. The recommendation of the planning commission shall be forwarded to the city council within thirty-one (31) days from the conclusion of the public hearing.
5. After receiving the recommendation of the planning commission, the city council shall schedule a public hearing on the application. Notice of the hearing shall be as provided in Section 17.64.080.
6. At the hearing, the city council shall determine whether the proposed planned development and rezone is in compliance with all city codes and policies. The city council may approve, approve with conditions, or deny the application. Approval shall be in the form of a rezone ordinance. Any required conditions shall be included in the ordinance and the preliminary development plan shall be referenced by the ordinance.
7. The decision of the city council may be appealed within thirty (30) calendar days as provided in Section 17.64.110.
C. Review of the Final Development Plan.
1. A final development plan containing the information required in Section 17.52.090 shall be submitted to the department. All drawings pertaining to the final development plan shall be prepared on mylar sheets eight by twenty-four inches (8" x 24") in dimension. A margin line shall be drawn completely around each sheet leaving an entirely blank margin of 2.5" on the left and 0.5" on all remaining sides. Written material shall be submitted unbound, typed and on eight and one-half by eleven inches (81/2" x 11") paper. The information provided shall reflect the planned development as approved by the city council.
2. The department shall review the final development plan for compliance with the approved preliminary development plan, including any required conditions. The department may approve minor adjustments; provided, the adjustments do not affect the basic character or arrangements of buildings, density of the development or minimum requirements for total open space. Minor adjustments may affect the precise dimensions or location of buildings and accesses; provided, the adjustments do not vary by more than ten percent from the preliminary development plan.
3. A final development plan meeting all requirements shall be signed by the department and placed on file with the city and the Grays Harbor County Auditor. Any aggrieved person may appeal the decision of the department to the planning commission within ten days of the decision. No development shall occur on the subject property until the appeal period has expired.
4. If the department determines the final development plan is not in compliance with the approved preliminary development plan, the applicant shall either resubmit the final development plan, appeal the determination to the planning commission, or withdraw from the planned development review process. All appeals shall be made within ten days of the decision of the department.
5. The department's review of the final development plan shall be completed within forty-five (45) days of submittal. If no determination to accept or reject the final development plan is made within the forty-five (45) day period, the plan shall be automatically approved as presented.
6. If an appeal of the department's decision is filed, the department shall schedule the appeal for a public hearing before the first available planning commission meeting that satisfies public hearing notice requirements. Notice of the hearing shall be as provided in Section 17.64.080. At such public hearing, the planning commission shall determine whether the final development plan is in compliance with the approved preliminary development plan. If the planning commission determines that compliance has been met, then the department shall be directed to approve the final development plan in accordance with Section 17.52.100(C)(3). If the final development plan is determined by the planning commission not to comply with the council's approved preliminary development plan, then the final development plan shall be corrected accordingly by the applicant and resubmitted to the department.
D. Following approval of the final development plan, the department shall amend the zoning map of the city of Aberdeen to reflect the addition of the PD combining district to the underlying zoning district. The department shall also indicate on the zoning map the number of the ordinance adopting the change. (Prior code § 11.018.180)