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Ordinance No. 19770
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Ordinance No. 19770
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Last modified
6/10/2010 3:46:44 PM
Creation date
1/29/2009 2:38:13 PM
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Council Ordinances
CMO_Document_Number
19770
Document_Title
An ordinance concerning quasi-judicial hearing procedures and land division; amending, renumbering, adding and repealing sections of the Eugene Code, 1971. (See description for listing of all effected code sections.)
Adopted_Date
4/22/1991
Approved Date
4/22/1991
CMO_Effective_Date
5/23/1991
Signer
Jeffrey R. Miller
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9,162 A eat - Counci 1 ~Acti on on Deni ed A l i cati ans. <br />~ 1 } Submittal . Within ten days of the date the planning commi s- <br />s i on's decision to deny an annexation request i s mai 1 ed, i t may be appealed <br />to the city council by the owner, applicant, an adversely affected person, <br />a party, or a person entitled to notice under section 9.1543} of this code. <br />The appeal shat 1 be made by f i l i ng a statement of issues on appeal and other <br />information on a form prescribed by the city. The appeal shat 1 be based on <br />the record, shall state specifically how the planning commission fai 1 ed tv <br />properly evaluate the proposed annexation or make a deci lion consistent with <br />the criteria for approval and shall be 1 imi ted to the issues raised at the <br />evidentiary hearing and set out i n the f i 1 ed statement of issues . The plan - <br />ning staff shall provide the council with the record. <br />~2 } Hearing __Date and Notice. Unless the applicant and appel 1 ant <br />agree to a 1 anger t ~ me per od, ~ ~,t~h ~,~. <br />e council shall hold a hearing to allow oral <br />argument on an appeal. within fi0 days of its receipt. At least ten days <br />prior to the hearing the planning staff shall mail notice thereof to the <br />applicant, appellant, and persons who requested notice of the commission de- <br />cision ar council hearing. <br />~ 3 } Counc i 1 Decision . Un1 ess the applicant and appe1l ant agree <br />to a longer time period, the council shall make a decision within 15 days <br />of the hearing. The council may, by resolution, affirm, reverse, or modify <br />the planning commission's decision . When a dec i s i on i s reversed or modified, <br />the counci 1 shal 1 make findings of fact, based on required criteria, as to <br />why the commission was i n error. <br />~4} Within five days of the decision, a native of the decision <br />shall be mai 1 ed to the applicant, appellant, and persons who requested <br />notice of the counci 1 decision. <br />9.164 Counci 1 Action on~ Approved Applications . <br />~ 1 } The counc~~~ ~~shal 1 hal d~~ ~ a hearing to allow oral argument con - <br />cern i ng the planning co~i ss i on recommendation i n favor of an annexation <br />within 6o days of the commission's decision, unless the applicant agrees to <br />a 1 anger time period. <br />~ 2 } At least ten days before the hearing, notice of the hearing <br />shal 1 be mailed to the applicant, parties, and persons who requested notice <br />of the planning cormni ssi on's decision. <br />~3 } Unless the applicant agrees to a l anger time period, wi th i n <br />15 days of the hearing the counci 1 shall by renal uti on, affirm, reverse or <br />modify the commission's decision . When a deci si on i s reversed or modified <br />the counci 1 shal 1 make findings of fact based on required criteria, as to <br />why the commission was i n error. <br />~4} Within five days of the decision, notice of the counci 1 deci - <br />s i on shall be mai 1 ed to the applicant, parties, and persons who requested <br />notice of the counci 1 decision . <br />Section 28. Section 9.11 is hereby added to the Eugene Code, 1911, to <br />provide <br />9.11 Zan i ng of Annexed Areas,,. <br />Areas annexed to the city shall retain <br />ordinance - 35 <br />
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