Agenda - 11-21-2011 - C1 - Laserfiche WebLink

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136 The CU process requires a two -step approval process, specifically: 1. A rezoning approval (i.e. legislative process) in accordance with the provisions of Section 2.8 of the UDO and 2. A Class A Special Use Permit (SUP) approval (i.e. quasi-judicial process) in accordance with the provisions of Section 2.7 and 2.9 of the UDO. The review of each application component (i.e. rezoning and SUP) occurs simultaneously as part of the overall project review although the requirements of each component are vastly different in terms of their scope and requirements. The normal cadence of review is as follows: • CU applications are reviewed during one of the four joint Quarterly Public Hearings held by the Planning Board and the BOCC; • All individuals intending to offer comment/testimony on the application shall be sworn by the Clerk to the BOCC, including County staff, prior to speaking; • Individuals speaking for and against the project will provide evidence (i.e. expert opinion) on the validity of the request; • The item will be forward to the Planning Board for a recommendation; • The BOCC will receive the Planning Board recommendation and make a final determination on the merits of the request by: 1. Taking action on the rezoning portion of the application. Approving or denying the rezoning application is considered to be a Legislative Decision meaning that it is based on the BOCC's interpretation of the proposals compliance with the Comprehensive Plan. Normally, conditions cannot be imposed as part of a general use rezoning process, as it is a legislative process. As this is a CU process, conditions are allowed given the nature of the process as defined in Section 2.9 of the UDO. If approved, the BOCC will then move to take action on the SUP component of the application. 2. Taking action on the SUP portion of the application is considered to be a Quasi - judicial Decision and is based on the evidence and sworn testimony offered into the record for and against an application. Conditions can be imposed as part of this approval that address public health, safety, and welfare issues. The Board will have to make specific findings of fact and draw specific conclusions of law with regard to the approval or denial of a SUP. • If approved, the SUP is recorded at the Orange County Registrar of Deeds. This SUP document outlines any conditions regulating the development of the approved use and binds all current and future property owners to abiding by the approval.