Item 4: Public Hearing on Ordinance on Minor Land Use Code Amendments

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@ @ (6) (67) @ 09/27/05 amount of the proposed assessment of each land owner's special benefit by the vacation. Where a public hearing is required, the notice shall also include [aM] the hour, date, and place of the public hearing at which the city council will hear objections to the vacation or assessment. (ec) At least 5 working days prior to the public hearing, or in the case of a Type II application, 5 working days prior to the decision, the land owner shall deposit with the city the sum of money called for by this subsection (45). (ad) If the vacation application is approved [by tho city council], the deposit shall be retained by the city[ 3S directod by the city council]. If the vacation application is denied [by tho city counoil], the deposit shall be returned to the land owner. For vacations of improved or unimproved right-of-way, the application must include the required consent from surrounding property owners as set forth in ORS 271.080(2). For vacations of unimproved public easements and improved public easements, [under the Typo I or Type II process,] the application must include the signatures of all property owners [ef....tAe] and owners of property [subject to the e3semont and the ownors of 3butting propertios] adjacent to the easement being vacated. Section 72. The lead paragraph of Section 9.8715 of the Eugene Code, 1971, is amended to provide: 9.8715 Approval Criteria for the Vacation of an Unimproved Easement. The planning director shall approve, approve with conditions, or deny the vacation application. Approval[.,] or approval with conditions shall be based on all of the following. Section 73. Section 9.8720 of the Eugene Code, 1971, is amended by adding a new Subsection (4) thereto, to provide: 9.8720 @ Approval Criteria for Vacation of Improved Easements, Unimproved Public Riaht-of-Wav. and Vacation and Rededication of Unimproved Public Riaht-of- Way. The planning director shall approve, approve with conditions, or deny the vacation application. The application shall be approved if the vacation is found to be consistent with the all of the following criteria: (4) Payment of the special benefit assessment(s) resulting from the vacation of unimproved right-of-way required by EC 9.8710(5)(a), have been made to the city. Ordinance - 41 C:\Documents and Settings\ceplsan\Local Settings\Temporary Internet Files\OLK4F\05 Ch 9 Misc. Minor Revisions (OOl08082)lO.DOC