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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: January 23, 2014 <br /> Action Agenda <br /> Item No. 5-a <br /> SUBJECT: Unified Development Ordinance Text Amendment Related to Board of <br /> Adjustment Operation and Procedures — Public Hearing Closure and Action <br /> (No Additional Comments Accepted) <br /> DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Comprehensive Plan and Unified Michael D. Harvey, Planner III, (919) 245-2597 <br /> Development Ordinance Amendment Craig Benedict, Director, (919) 245-2575 <br /> Outline Form (UDO/Zoning 2013-05) <br /> 2. UDO Amendment Package <br /> 3. Approved November 25, 2013 Quarterly <br /> Public Hearing Legal Ad <br /> 4. Excerpt of Draft November 25, 2013 <br /> Quarterly Public Hearing Minutes <br /> 5. Excerpt of Approved December 4, 2013 <br /> Planning Board Minutes <br /> PURPOSE: To receive the Planning Board recommendation, close the public hearing, and <br /> make a decision on a Planning Director initiated text amendment(s) to the Unified Development <br /> Ordinance (UDO) incorporating recent changes in State law related to the Board of Adjustment. <br /> As a reminder, the reconvening of this hearing is solely to receive the Planning Board <br /> recommendation and any additional written evidence submitted since the November 25, 2013 <br /> Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public <br /> or the applicant. While the BOCC may ask staff questions related to the review of a given item, <br /> comments from the public shall not be solicited. <br /> BACKGROUND: This item was presented at the November 25, 2013 Quarterly Public Hearing <br /> where staff indicated the amendments were necessary to ensure recent changes to State law <br /> are incorporated into the UDO. The proposed text amendment would: <br /> • Change the votes necessary for the Board to approve a Special Use Permit application <br /> from 4/5t" of members to a simple majority, <br /> • Clarify procedure(s)for requesting and issuing of subpoenas, <br /> • Clarify appeals timeframe for Board of Adjustment decisions to be submitted to Superior <br /> Court, and <br /> • Clarify notification requirements with respect to who is notified of a Board decision. <br /> Agenda packet materials from the hearing can be accessed via the following link- <br /> http://orangecountync.gov/occlerks/1 31125.pd . Please refer to Section C.1 (c) of Attachment 1 for <br /> a synopsis of comments made during the hearing. <br />