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Ordinance No. 19197
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Ordinance No. 19197
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Last modified
6/10/2010 3:43:37 PM
Creation date
3/16/2009 2:26:51 PM
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Council Ordinances
CMO_Document_Number
19197
Document_Title
Ordinance concerning land use application processes; amending, adding and repealing Sections of the Eugene Code, 1971; & providing for an effective date. (See Ordinance for complete list of effected Sections.)
Adopted_Date
11/16/1983
Approved Date
11/16/1983
CMO_Effective_Date
1/1/1984
Signer
R. A. "Gus" Keller
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i9~9~ <br />affected person, ar a party entitled to notice. The appeal shall be an a <br />planning department form, shall be on the record, and must state specifi- <br />cally how the planning director failed to properly evaluate the proposed <br />final plan ar make a decision consistent with approval criteria. <br />~l} A eal Hearin . <br />~a} Unless the applicant and appellant agree to a longer time <br />period, the hearings official shall hold a public hearing to allow <br />anal argument on the appeal within 15 days of receipt. At least <br />ten days prior to the hearing, the planning department shall mail <br />notice thereof to the applicant, appellant, and parties who re- <br />quested native of the tentative ar final plan decision. <br />fib} Unless the applicant and appellant agree to a longer time <br />period, the hearings official shall render a decision within ten <br />days of the hearing and mail a copy thereof to the applicant, <br />appellant, and parties, who have requested a copy. The hearings <br />official may affirm, reverse, ar modify the planning director's <br />.decision with supporting findings and conclusions. Before grant- <br />ing an appeal, or before changing any of the conditions the plan- <br />ning director imposed, the hearings official shall make findings <br />of fact as to why the planning director's findings were in error. <br />The decision of the hearings official is final. <br />~8} Resubmittal followin denial. Upon denial of a final plan, <br />a new application and fee accompanied by a written statement explaining how <br />the plan has been modified to overcame the reasons for denial may be filed. <br />~9} Performance a ree,ment. <br />~a} Pre oration and si natures. A duly notarized perform- <br />ance agreement binding the applicant, and the applicant`s succes- <br />sors in interest, assuring construction and performance in accard- <br />ance with the approved final plans shall be prepared by the city <br />and executed by the applicant and city prior to issuance of a <br />building permit. <br />fib} Return. Unless an executed copy of the agreeement is <br />returned to the planning department within 60 days of its delivery <br />to the applicant, final plan approval shall expire, necessitating <br />re-application for final plan re-approval. <br />~c} F~li~cn The planning department shall file a memorandum <br />of the performance agreement in the office of the Lane County <br />Recorder. <br />~d} Tm rovement etitions and dedications. Improvement <br />petitions and all documents reguired with respect to dedications <br />and easements shall be submitted prior to execution of the <br />agreement. <br />. fie} Project chap es. The planning director may permit <br />pra~ect changes subsequent to execution of the agreement upon <br />finding the changes substantially conform to final approved <br />plans and comply with city standards, plans, policies and <br />ordinances. Dther modifications are subject to reapplication <br />at the appropriate step. <br />9.58 Enforcement. Tf an applicant or an applicant`s successors in <br />interest violate or fail to comply with any of the provisions of <br />the performance contract or final approved plan, the city may invoke the en- <br />forcement procedures provided in the agreement, or under applicable law, <br />or both. <br />ordinance ~-29- <br />
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