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10-27-2004 Council Agenda
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10-27-2004 Council Agenda
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G. The City Council shall not grant a conditional use permit <br />or amendment until they have received a report and <br />recommendation from the Planning Commission and any City <br />staff or until sixty (60) days after the first regular <br />Planning Commission meeting at which the request was <br />considered. Failure by the Planning Commission to reach <br />a decision within the time limit shall be deemed as a <br />denial of the request. <br />H. Upon receiving the report and recommendation of the <br />Planning Commission and the City staff, the City Council <br />shall place the report and recommendation on the agenda <br />for the next regular meeting. Such reports and <br />recommendations shall be entered in and made part of the <br />permanent written record of the City Council meeting. <br />I. Upon receiving the report and recommendation of the <br />Planning Commission and the City staff, the City Council <br />shall instruct the City Clerk to set a public hearing for <br />the next regular meeting of the City Council. Notice of <br />the hearing shall contain a legal property description, <br />description of the request and map detailing property <br />location; and be published in the official newspaper at <br />least ten (10) days prior to the hearing. Written <br />notification of the hearing shall be mailed at least ten <br />(10) days prior to all owners of land within three <br />hundred fifty (350) feet of the boundary of the property <br />in question. *A list of said owners shall be provided <br />from City records. Failure of a property owner to <br />receive said notice shall not invalidate any such <br />proceedings as set forth in this Ordinance. <br />J. If, upon receiving said reports and recommendations of <br />the Planning Commission and City staff, the City Council <br />finds that specific inconsistencies exist in the review <br />process and thus the final recommendation of the City <br />Council will differ from that of the Planning Commission, <br />the City Council shall before taking final action, refer <br />the matter back to the Planning Commission for further <br />consideration. The City Council shall provide the <br />Planning Commission with a written statement detailing <br />the specific reasons for referral. This procedure shall <br />be followed only one time on a singular action. <br />K. The Council shall make a recorded finding of fact and may <br />in the case of a conditional use permit, impose any <br />condition it considers necessary to protect the public <br />health, safety and welfare. In addition, the Council may <br />specify a time limit for the permit at the end of which <br />time the applicant shall reapply for the conditional use <br />permit in accordance with the terms of this Section. <br />921-3 <br />4 <br />
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