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05/12/93 08:24 $503 683 6826 EUG PUBLIC WORKS -4- MAINTENANCE 0 005/012 • TENTATIVE STAGE PUBLIC (HEARING -- HEARINGS OFFICIAL The first step of the planned unit development process involves a public hearing by the Eugene Hearings Official. The Hearings Official is an individual hired by the City to independently conduct public hearings and make decisions on specific types of land Ilse permits. Hearings for tentative PUDs will be held within 60 days after the application is submitted. Notice of the hearing is mailed to all property owners and occupants within 300 feet of the perimeter of the subject property. Prior to the public hearing, the planning Division staff will prepare a,svritten report, including the background of the request and a recommendation based on an investigation of the facts and how they pertain to the criteria the Hearings Official must use to judge each planned unit development. The applicant aad any interested parties will be mailed 'a copy of the report and an agenda of the hearing. At the public hearing, the property owner desiring the planned unit development has the burden of establishing to the Hearings Official that the requested PUD meets the following criteria established in the City Code Section 9312(6) for PUD approval (see insert). Other people will be given the opportunity to speak in favor of the request, to comment or ask questions, or to speak in opposition. At the end of the hearing, the applicant will be given another chance to speak in rebuttal, since the burden of proof rests with the applicant. Any participant at the hearing may request the record remain open for 7 days after the hearing. ACTION OF THE HEARING OFFICIAL After the public hearing, or after the record is closed, the Hearings Official has 15 days to make a decision on the application. The Hearings Official may either approve,, conditionally approve, or deny a tentative PUD application. Notice of the decision is mailed to the applicant, coordinator, and persons requesting notice of the decision. APPEAL OF THE TENTATIVE PLAN TO THE PLANNING COMMISSION Appeals of the Hearings Official's action must be made within 10 days of the date the decision is mailed. Appeal forms can be obtained at the Permit and Information Center. The basis of the written appeal must be that the Hearings Official made an error in the decision. If the decision is appealed, only those issues raised by testimony, or in a letter, at the original hearing may be raised in any local or State appeal of the initial decision. For example, if an approval requirement is not addressed in testimony at the original hearing, it cannot be discussed at a local or State appeal hearing.. An appeal will be scheduled for a public hearing before the Planning Commission within 45 days. The format of the hearing is similar to that of the Hearing Official hearing. After the public hearing, the Planning Commission has 15 days to make a decision to either uphold, reverse, or place additional conditions upon the Hearings Official's decision. FINAL STAGE Following approval of a tentative planned unit development, submission of a final PUD application is necessary. In this stage, the Planning Director reviews the final plans to assure • •