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sion denials and planning commission recommendations for approval of zone <br />changes in conjunction with annexations. If a zone change only includes <br />property already in the city, it shall be approved, modified and approved, <br />or denied by the hearings official. The planning commission shall act on <br />appeals from decisions of the hearings official. Commission decisions are <br />final. All final zoning district change decisions shall be by order which <br />shall mandate in relevant cases that the zoning map established under sec- <br />tion 9.274 of the Eugene Code, 1971 be amended to reflect the allowed change <br />of zoning district. <br />Section 29. Section 9.682 of the Eugene Code, 1971, is amended to read <br />and provide: <br />9.682 Appeal Notice and_Actian. <br />~~} Unless the applicant and appellant agree to a longer time <br />period, the commission shall hold a hearing to allow oral argument on an <br />appeal from a hearings official deci si an within 30 days of its receipt. The <br />The council shall hold a public hearing to allow oral argument on an appeal <br />from a planning commission decision within 40 days of its receipt. At least <br />ten days prior to the hearing, the planning department shall mail notice <br />thereof to the applicant, appellant, and parties who requested notice of the <br />previous decision . <br />~2} Unless the applicant and appellant agree to longer time per- <br />i od, the commission or counci 1 shal 1 make a decision wi thi n 15 days of the <br />hearing. The council, by order with findings and conclusions therein, <br />shall affirm, reverse, or modify the planning commission's decision. The <br />commission, by order with findings and conclusions therein, shall affirm, <br />modify or reverse the hearings official's decision. i~hen a decision is <br />reversed or modified, the commission or council shall make findings of fact <br />as to why the previous decision was in error based on required criteria. <br />The appeal decision shall be agreed to by a majority of the members present <br />at the hearing. A tie planning commission vote shall result in affirming <br />the previous decision of the hearings official. <br />(3} The planning department shall mail a copy of the appeal <br />decision to the applicant, appellant, and parties who have requested it. <br />Section 30. Subsection ~8} of Section 9.690 of the Eugene Code, 1971, <br />is amended to read and provide: <br />9.590 Site Plan Review Procedure. <br />~8} A eal. <br />~a} Ali thi n ten days of the planning director's decision, i t <br />may be appealed to the hearings official by the applicant, or an <br />adversely affected person. <br />fib} An appeal shall be on a planning department farm and <br />and shall state specifically how the planning director failed to <br />properly evaluate the proposed site plan or make a decision con- <br />si stent with applicable criteria . <br />Ordinance - 17 <br />