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Options for Closing Public Hearing <br />(with salient points included in bullets) <br />1. Hold public hearing open until a date /time certain in order to receive written comments made to the Planning Board. <br />This is the existing process which can be kept in place even if the Planning Board no longer attends public <br />hearings as a formal board. <br />This process ensures the BOCC is apprised of all comments made during the project's review. <br />This process should be retained for quasi - judicial matters (special use permits) in order to meet requirements <br />related to quasi-judicial issues. <br />■ Several jurisdictions in North Carolina have different processes for legislative vs. quasi- judicial projects, <br />including some jurisdictions in which the Planning Board does not make a recommendation on quasi - <br />judicial matters. However, some types of projects require both a rezoning (legislative) and a special use <br />permit (quasi-judicial) so it can be problematic to have the Planning Board review only certain aspects of <br />an overall action. (This was a point of confusion during the Buckhorn Village deliberations, which <br />occurred prior to the UDO making it clear that the Planning Board makes a recommendation on Class A <br />SUPs. The former zoning ordinance was unclear on whether the Planning Board acts on Class A SUPs). <br />Requiring written comments after the oral public hearings helps to ensure that the Planning Board meeting does <br />not become a defacto second public hearing where new oral comments may be made on controversial matters. <br />If the Planning Board were to make a recommendation prior to the oral public hearing, the process could be <br />different. <br />■ Staff received fairly strong direction at the September 9, 2013 work session that it was desirable for the <br />Planning Board to make its recommendation after the oral public hearing. <br />Confusion related to how items are listed on the BOCC agenda when the public hearing is being closed and no <br />additional comments are accepted could be addressed by adding a new section to the BOCC agenda <br />specifically for these types of items. <br />■ "Acceptance of Planning Board Recommendation and Decision on Land Use and Planning - Related <br />Matters," or similar phrasing, may be appropriate. <br />2. Close public hearing the night of the hearing. <br />■ The Planning Board could not consider any additional comments (oral or written) after the public hearing is held. <br />c� <br />w <br />