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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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vide: <br />9.11fi Action on Appeal by Planning Commission. <br />~ 1 } Unless the applicant and appellant agree to a 1 onger time per- <br />i od, the planning commission shall hol d a heari ng to allow oral argument on <br />an appeal within 45 days of its receipt. At least ten days prior to the <br />hearing, the city shal 1 mai 1 notice thereof to the applicant, appel 1 ant, and <br />persons who requested notice of the hearings official's decision. <br />~ 2 } Unless the applicant and appal 1 ant agree to a 1 onger time <br />period, the commission shall make a decision within 15 days of the hearing. <br />The commission may, by order with findings and conclusions therein, affirm, <br />reverse or modify i n whole or i n part, any decision, determination ar <br />requirement of the hearings official. Before granting an appeal, or before <br />changing any of the conditions the hearings official imposed, the commission <br />shat 1 make findings of fact as to why the hearings official's findings were <br />i n error. The commission's action i s final , and must be agreed to by a <br />majority of the members present at the hearing. A t i e planning commission <br />vote shall result in affirming the previous decision of the hearings official <br />within five days after a decision is rendered, notice of the decision shall <br />be mai 1 ed to the applicant, appellant, and persons who have requested noti f i - <br />cat i on . <br />Section fi5 . Subsection ~ 2 } of Section 9.12 of the Eugene Cade, 1971, <br />i s amended to provide: <br />9.12 Performance Contract. <br />~2} After execution of the performance contract modifications to <br />the approved final plans shall be governed by the fal 1 owi ng procedures <br />~ a} By Planning.„Director. Applications for modifications <br />shall be submi tted ~ by the property owner or applicant . Notice of a <br />proposed modification shall be sent to all persons who requested <br />notice of the original hearings official decision on the cond i - <br />t i onal use permit and persons entitled to notice under subsection <br />9.lofi~ 1 } of this code, and shall provide at 1 east ten days for <br />submission of written testimony thereon to the city. If a modi f i - <br />cation is minor, i.e., it results in insignificant changes in the <br />outward e appearance of the level opment and impact on surrounding <br />property es, ~ t may be considered by the planning director. These <br />modifications, including extension of canstructi on time schedules <br />or completion schedules and minor site plan revisions may be <br />approved by the planning director upon a f i nd i ng that the changes : <br />1. Are cansi stent with the conditions of the original <br />approval, and <br />2. Result in insignificant changes in the outward appear- <br />ance of the development and impact on the surrounding proper- <br />ties, and <br />3 . Remain consistent with applicable permit criteria. <br />I f the planning director determines that the modification i s major, <br />the modification request shall be forwarded to the hearings off i - <br />Ordinance - 51 <br />
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