Chapter 17.14 — STANDARDS OF REVIEW, FINDINGS AND DECISIONS

A.

The planning commission shall hold a public hearing and shall make its report including recommendation and reasons therefor in writing to the city council. The report shall include the planning commission's determination whether or not the development agreement proposed:

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

2.

Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3.

Is in conformity with public convenience, the general welfare and good land use practice;

4.

Will be detrimental to the health, safety and general welfare; and

5.

Will adversely affect the orderly development of property or the preservation of property values.

B.

The hearing before the planning commission shall take place within fifty days after the application has been accepted as complete and filed by the planning director. The hearing may be continued from time to time upon request of the applicant or at the direction of the planning commission for good cause shown.

However, if an environmental impact report is prepared for the agreement, the fifty-day period specified in this subsection shall not be applicable and the planning commission shall make its report and recommendation required by this section within thirty days after certification of the environmental impact report.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

17.14.020 - Decision by city council.

A.

The city council, within thirty days after receipt by the city clerk of the planning commission's report and recommendation, shall hold a public hearing, after which it may accept, modify or disapprove the recommendation of the planning commission. It may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the council. The hearing before the council may be continued from time to time upon request of the applicant or at the direction of the council for good cause shown.

B.

The city council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city will enter into the agreement.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

Chapter 17.16 - AMENDMENT OR CANCELLATION BY MUTUAL CONSENT

Sections: