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i9iq~ <br />9.158 Public Hearin <br />~1} 11n1ess the applicant agrees to a longer. time period, within <br />45 days of receipt of a complete and accurate annexation application, the <br />planning commission shall hold a public hearing thereon. <br />~2} The commission shall review the application and receive perti- <br />nent evidence and testimony as to why or how the proposed annexation is con- <br />sistent with the following required criteria: <br />~a} The property is inside the urban growth boundary and <br />annexation would be consistent with adopted plans and policies. <br />fib} Public services and facilities can be provided as pre- <br />. scribed in the Metropolitan Area General Plan, applicable refine- <br />ment plans, or applicable special area studies. <br />~c} Annexation would result in a logical service delivery <br />boundary. <br />~d} The property is contiguous with existing city limits <br />_ unless the provisions of subsection fie} hereof are applicable. <br />fie} Special criteria for non-contiguous industrial 1 and: <br />1. The property is inside the urban growth boundary, <br />designated far ~ndustr~al use, and annexation would be con- <br />sistent with the Metropolitan Area General Plan and other <br />applicable city policies. <br />2. A minimum level of key urban services suitable to <br />industrial uses can be provided. The financing, timing, and <br />phasing of those services is consistent with the city`s long- <br />term phasing plan and priorities. <br />3. The annexation is voluntary, that is, initiated and <br />supported by a majority of owners in terms of land area, <br />number of ownerships, and assessed value. <br />9.160 Plann~C.ommi,ssio,n De,cis,i,on. <br />~1} Unless the applicant agrees to a postponement, within ten <br />days fallowing the public hearing, the planning commission shall deny the <br />application or recommend approval of the annexation to the council in its <br />original or modified form. The decision shall be supported by adopted find- <br />ings and conclusions, and shall be based on the criteria in section 9.155. <br />~2} The planning department shall mail a copy of the commission's <br />decision to the applicant and persons who requested notice of the decision <br />on the day after the decision is rendered. <br />~ 3} Un 1 ess appealed, the cammi ssi on' s decision i s final on the <br />eleventh day after it is rendered. <br />9.12 A eal ~- Council Action on Qenial or Modification. <br />~1} submittal. Within ten days of the planning commission's deci- <br />sion to deny or modify an annexation request, it may be appealed to the city <br />council by the applicant, an adversely affected person, or a party entitled <br />to notice. The appeal shall be an a planning department form, shall be based <br />on the record, and must state specifically how the planning commission failed <br />to properly evaluate the proposed annexation or make a decision consistent <br />with the criteria for approval. The planning department shall provide the <br />council with the record. <br />~Z} Hearin Qate and Notice. Unless the applicant and appellant <br />agree to a longer time period, the council shall hold a hearing to allow <br />oral argument on an appeal within 30 days of its receipt. At least ten days <br />prior to the hearing the planning department shall mail notice thereof to <br />the applicant, appellant, and persons who requested notice of the commission <br />decision. <br />Grdinance -~19- <br />