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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: November 8, 2012 <br /> Action Agenda <br /> Item No. 6-a <br /> SUBJECT: Unified Development Ordinance Text Amendments (Closure & Action Hearing) <br /> — Solar Arrays <br /> DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) YO <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Comprehensive Plan/Future Land Use Map Michael D. Harvey, Planner III, 245-2597 <br /> and Unified Development Ordinance (UDO) Craig Benedict, Director, 245-2575 <br /> Amendment Outline Form (UDO / Zoning <br /> 2012-12) <br /> 2. Ordinance Amendment Package <br /> 3. Excerpt from Draft August 27, 2012 <br /> Quarterly Public Hearing Minutes <br /> 4. Excerpt from September 5, 2012 Planning <br /> Board Minutes <br /> 5. August 13, 2012 Commission for the <br /> Environment Meeting Summary <br /> PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and <br /> make a decision on Planning Director initiated text amendments to the Unified Development <br /> Ordinance (UDO) regarding the review and permitting of solar arrays. <br /> NOTE: As the Board may recall from previous discussions with staff and the County Attorney, <br /> public hearings on Special Use Permits, UDO text amendments, and Zoning Atlas amendments <br /> are typically adjourned to a day/time certain in order for the BOCC to receive the Planning <br /> Board recommendation. <br /> The re-convening of a hearing is solely for this purpose and is not intended to solicit additional <br /> input on a given item. As a result the date and time of the hearing is not advertised in the paper. <br /> There has been confusion as to the ability of local residents and the applicant to speak during <br /> this reconvened hearing. <br /> Staff is attempting to modify the nomenclature utilized in describing the purpose and intent of <br /> the hearing to avoid unnecessary confusion. This will be referred to as a `closure/action' <br /> hearing intended to allow the BOCC to receive the Planning Board recommendation only. While <br /> the BOCC may ask staff questions related to the review of a given item, comments from the <br /> public or the applicant should not be solicited. <br /> It should be further noted that accepting additional public comments at this stage of the review <br /> (i.e. the reconvened hearing) would constitute a violation of the UDO. <br /> BACKGROUND: This item was heard at the August 27, 2012 Quarterly Public Hearing. The <br /> overall intent of the amendment package is to establish a distinction between the erection of a <br /> solar array for personal use versus the erection of an array to serve as an income generator or a <br />