Ordinance No. 19770 - Laserfiche WebLink

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vices, emergency vehi cut ar access, and, where appropriate, publ i c transpartati on faci 1 i ti es. ~h} Sufficient usuable recreation facilities, outdoor 1 iv- i ng area, open space, and parking areas wi 11 be conveniently and safely accessible for use by residents of the proposed devel op- ment. ~ i } A subdi stri ct desi gnat i an, a ref i nement plan, or special area study requires planned unit development approval , or the pro- posed development cannot be constructed using conventional stand- ards or other provisions of the zoning ordinance. ~S} Effective date. Unless appealed, the hearings official's decision i s effective on the eleventh day after notice of the dec i s i an i s mailed. ~9} AQpeals. Within ten days of the date that notice of the hear- ings official's decision is mailed, it may be appealed to the planning c~m- mi ss i on by the owner, appl i cant, a party, an adversely affected person, ar a person entitled to notice under subsection ~5} of this section. The appeal shal 1 be made by f i 1 i ng a statement of issues an appeal and other information on a farm prescribed by the city. The appeal shall be based on the record, shall state specifically how the hearings official failed to properly eval u- ate the proposed tentative plan or make a decision consistent with approval criteria and shall be limited to the issues raised at the evidentiary hear- i ng that are set out i n the filed statement of issues. Rio} Appeal Hearin. ~ a} Unless the applicant and appal 1 ant agree to a 1 onger time period, the planning commi ssi on shall hol d a heari ng for oral argu- ment on an appeal within 45 days of its submittal. At least ten days prior to the hearing the planning department shal 1 mai 1 not i ce thereof to the applicant, appellant, and persons who requested notice of the hearings official's decision. The hearings official shall be present at the hearing. ~ b} The planning commi ss i on shat 1 render its decision with W . i n 15 days of the hearing, unless the applicant and appellant agree to a longer time period. The commission shall, by order, with supporting findings and conclusions, affirm, reverse, or modify a hearings official's decision. Before granting an appeal or before changing any of the conditions the hearings official im- posed, the commi ssi an shal 1 make findings of fact as to why the hearings official's findings were in error. The commission's action i s f i na1 and must be agreed to by a ma jori ty of the members present at the hearing. A tie planning commission vote shall re- sult in affirming the previous decision of the hearings official. ~c} Within five days after the decision i s rendered, notice of the planning commission decision shall be mai 1 ed to the appl i - cant, appellant, parties, and persons who have requested notice of the commi ssi on's decision. Section 38. Subsections (2), (3), (5), (6), (7), and (9)(e) of Section 9.516 of the Eugene Code, 1911, are amended to provide: Ordinance - 41