Loading...
HomeMy WebLinkAboutOrdinance No. 19529ORDINANCE N0. 19529 AN ORDINANCE CONCERNING MODIFICATION PROCEDURES FOR CERTAIN LAND USE APPLICATIONS; AMENDING SECTIONS 9.516, 9.69a, AND 9.722 OF THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection ~9~~e~ of Section 9.516 of the Eugene Cade, 1971, is amended tv provide: 9.516 Final Plan Consideration. (9) Performance agreement. ~e~ Modifications. 1. ~_Plann~ng Director. Applications for modifi- catians shall be~submitted ,bY the property owner or a 1i- . pP cant. Notice of a proposed mod~f~cat~on shall be sent to all interested parties of record and shall provide at least ten days for submission of written testimony thereon to the planning department. If a modification is minor, i.e., it results in insignificant changes in the outward appearance of the development and impact on surrounding properties, it may be considered by the plan- ning director. These modifications, including extension of construction time schedules or completion schedules and minor site plan revisions may be approved by the planning director upon a finding that the changes: a. Are consistent with the conditions of the original approval , and b. Result in insignificant changes in the out- ward appearance of the development and impact on the surrounding properties, and c. Remain consistent with applicable permit criteria . If the planning director determines that the modification is major, the modification request shall be forwarded to the hearings official far consideration pursuant to the procedures of subparagraph 2. of this subsection. The decision of the planning director classifying the modi- f~cat~an as mayor or minor, is final. The planning director's decision allowing or denying a modification may be appealed within ten days of the date of the deci- sion., Appeals shall be considered by the hearings offi- c~al ~n a public hear7ng that follows the appeal process of subsection ~7} of this section. 2. B Hearin s Official. Modifications that are Ordinance - 1 major in nature and do not meet the standards for a minor modification shall require approval of the hearings offi- cial. Notice of a request for a major modification shall be sent to the applicant, persons entitled to notice in the original application, and parties of record. The notice shall contain the requested modifica- tion and provide at least ten days far written testimony thereon to be submitted to the hearings official. Any interested party may request that a public hearing be held on a major modification. if a public hearing is requested, it shall be held within 3o days of receipt of the request. The hearing shall conform with the notice, hearing, and decision requirements of the original appli- cation process. The hearings official may deny, modify, or.approve the modification request. Approval of a mayor mod~f~cat~on shall require a finding by the hear- ings official that the proposal and modification meet the applicable criteria set out in section 9.5126} of this code, The decision of the hearings official may be appealed to the planning commission within the time and subject tv the process set out in section 9.512 of this code. Section 2. Subsection ~9} of Section 9.694 of the Eugene Code, 1971 is amended to provide: 9.690 Site Plan Review Procedure. ~9~ Modification. (a~ B~ Pl ann~i ng Director. Applications for modifications shall be submitted by the property owner or applicant, Notice of a proposed modification shall be sent to all interested parties of record and shall provide at least ten days for submission of written testimony thereon to the planning department. Modifications, in- clud~ng extension of construction time schedules or completion schedules and minor site plan revisions may be approved by the planning director upon a finding that the changes: 1. Are consistent with the conditions of the original approval, and ~. Result in insignificant changes in the outward appearance of the development and impact on the surrounding properties, and 3. Remain consistent with applicable permit criteria. The planning director may approve a major modification that does n.ot meet the above standards for a minor modification upon finding that the proposal and modification is otherwise consistent with and meets the applicable permit criteria. The planning director's de- cision with respect to a minor or major modification may be appealed to the hearings official by any interested .party within ten days of Ordinance - Z the date of the decision, and determined in accordance with the pro- visions of subparagraph fib} of this subsection. fib} B Hearin s Official . A publ i c hearing shall be hel d within 30 days.of receipt of an appeal of the planning director's dec~s~on. Nonce thereof shall be provided to the appellant, applicant, persons entitled to notice in the original application, and parties of record, and shall provide at least ten days for submission of written testimony thereon to the hearings official. The hearings official may approve, deny, or modify the planning director's dec~s~on. Approval by the hearings official shall re- quire a finding that the proposal and modification meets the applicable permit criteria. The decision of the hearings official ~s final. Section 3. Subsection ~~} of Section 9.12 of the Eugene Code, 1971, is amended to provide: 9.7~~ Performance Contract. ~2} ,After execution of the performance contract modifications to the approved final pans shall be governed by the following rocedures: p . ~a} B Plann~n Director. Appl~cat~ons far mod~ficat~ons shall be submitted by the property owner or applicant. Notice of a proposed modification shall be sent to ali interested parties of retard and shall provide at least ten days for submission of written,testimony,thereon to the planning department. If a madifi- cat~on ~s minor, ~.e., it results in insignificant changes in the outward`appearance of the development and impact on surrounding properties, ~t may be considered by the planning director. These modifications, including extension of construction time schedules or completion schedules and minor site plan revisions may be approved by the planning director upon a finding that the changes: 1. Are consistent with the conditions of the original approval, and 2. Result in insignificant changes in the outward appear- ance of the development and impact on the surrounding proper- ties, and 3. Remain consistent with applicable permit criteria. if the planning director determines that the modification is major, the modification request shall be forwarded to the hearings offi- cial for consideration pursuant to the procedures of subparagraph fib} of this subsection. The decision of the planning director classifying the modification as major or minor, is final. The plan- n~ng director's decision allowing or denying a modification may be appealed within ten days of the date of the decision. Appeals sha11 be considered.by the hearings official in a public hearing that follows the original permit appeal process. fib} B~ Hearin,, s~0,fficial. Modifications that are major in nature and do not meet the standards for a minor modification sha11 require approval of the hearing authority. Notice of a request for Ordinance - 3 a major modification shall be sent to the applicant, persons en- titled to notice in the original application, and parties of record. The notice shall contain the requested modification and provide at least ten days for written testimony thereon to be submitted to the hearing authority. Any interested party may request that a public hearing be held on a major modification. If a public hearing is requested, it shall be held within 3o days of receipt of the re- quest. The hearing shall conform with the notice, hearing, and decision requirements of the original application process. The hearings off~c~al may deny, modify, or approve the modification request . Approval of a ma jor modification shal 1 require a f i nd i ng by the hearings official that the proposal and modification meet the applicable criteria set out in section 9.102 of this code. The decision of the hearings official may be appealed to the planning commission within the time and subject to the process set out in sections 9.714 and 9.716 of this code. Sectio„n 4. The City Recorder, at the request of or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other sections of the Eugene Code, 1971, tv the provisions amended herein. section 5. That the matters contained herein concern the public welfare and in order to insure the orderly implementation of the rovisions contained p herein, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this Approved by Mayor th 11th ~ ay of January, 19SS ~~ Cit Recorder 11th d ~~a~~88 avor Ordinance - 4