3.26.10 Action by the Governing Body
A. General Procedures
1. Before taking action on a development agreement request, the governing body shall consider any recommendations of the Planning Commission, Planning Director or designee, and of staff agencies, and shall conduct a public hearing where interested parties may be heard.
2. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.
3. The governing body may continue a public hearing prior to closing the hearing and taking action on the request.
4. Following the public hearing, the governing body may approve the request, deny the request, or send the request back to the Planning Commission for additional consideration.
5. The development agreement request approved by the governing body may include changes from the request presented.
B. Expedited Hearing
1. The governing body, in situations in which it determines certain standards have been met, may expedite the hearing process on a proposed development agreement.
2. The governing body may consider a written request from a potential applicant, or from staff, requesting an expedited hearing process. The request shall identify and support the reasons for such expedited consideration.
3. In order to grant the request, the governing body shall find that at least one of the criteria below have been met:
a. Deadlines set by the local, State, or Federal government for receipt of applications for needed funding, designation, or other regulations concerning the property make expedited consideration necessary;
b. The prospective request results from an emergency beyond the control of the applicant, such as response to a disaster;
c. The prospective request addresses an urgent matter of public health or safety; or
d. There are special circumstances that will have a substantial negative impact on the development which could not have reasonably been anticipated and which make expedited consideration necessary.