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the date of the decision, and determined in accordance with the pro- <br />visions of subparagraph fib} of this subsection. <br />fib} B Hearin s Official . A publ i c hearing shall be hel d <br />within 30 days.of receipt of an appeal of the planning director's <br />dec~s~on. Nonce thereof shall be provided to the appellant, <br />applicant, persons entitled to notice in the original application, <br />and parties of record, and shall provide at least ten days for <br />submission of written testimony thereon to the hearings official. <br />The hearings official may approve, deny, or modify the planning <br />director's dec~s~on. Approval by the hearings official shall re- <br />quire a finding that the proposal and modification meets the <br />applicable permit criteria. The decision of the hearings official <br />~s final. <br />Section 3. Subsection ~~} of Section 9.12 of the Eugene Code, 1971, <br />is amended to provide: <br />9.7~~ Performance Contract. <br />~2} ,After execution of the performance contract modifications to <br />the approved final pans shall be governed by the following rocedures: <br />p . <br />~a} B Plann~n Director. Appl~cat~ons far mod~ficat~ons <br />shall be submitted by the property owner or applicant. Notice of a <br />proposed modification shall be sent to ali interested parties of <br />retard and shall provide at least ten days for submission of <br />written,testimony,thereon to the planning department. If a madifi- <br />cat~on ~s minor, ~.e., it results in insignificant changes in the <br />outward`appearance of the development and impact on surrounding <br />properties, ~t may be considered by the planning director. These <br />modifications, including extension of construction time schedules <br />or completion schedules and minor site plan revisions may be <br />approved by the planning director upon a finding that the changes: <br />1. Are consistent 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 />if the planning director determines that the modification is major, <br />the modification request shall be forwarded to the hearings offi- <br />cial for consideration pursuant to the procedures of subparagraph <br />fib} of this subsection. The decision of the planning director <br />classifying the modification as major or minor, is final. The plan- <br />n~ng director's decision allowing or denying a modification may be <br />appealed within ten days of the date of the decision. Appeals <br />sha11 be considered.by the hearings official in a public hearing <br />that follows the original permit appeal process. <br />fib} B~ Hearin,, s~0,fficial. Modifications that are major in <br />nature and do not meet the standards for a minor modification sha11 <br />require approval of the hearing authority. Notice of a request for <br />Ordinance - 3 <br />