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87 <br /> ORANGE COUNTY <br /> BOARD OF COUNTY COMMISSIONERS AND <br /> PLANNING BOARD <br /> QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: November 25, 2013 <br /> Action Agenda <br /> Item No. C.3 <br /> SUBJECT: UDO Text Amendment Related to Board of Adjustment Operation and <br /> Procedures <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 Outline Form Craig Benedict, Director (919) 245-2575 <br /> (UDO & Zoning 2013-05) <br /> 2. Session Law 2013-126 <br /> 3. UDO Amendment Package <br /> PURPOSE: To hold a public hearing on a Planning Director initiated text amendments to the <br /> Unified Development Ordinance (UDO). <br /> BACKGROUND: Session Law 2013-126, adopted June 19, 2013, has modified procedural and <br /> notification requirements for the Board of Adjustment. These changes include: <br /> • Changing the votes necessary for the Board to approve a Special Use Permit application <br /> from 4/56 of members to a simple majority, <br /> • Clarifying the procedure(s) for requesting and issuing of subpoenas, <br /> • Clarifying the appeals timeframe for Board of Adjustment decisions to be submitted to <br /> Superior Court, and <br /> • Clarifying notification requirements with respect to who is notified of a Board decision. <br /> Staff is proposing to revise existing language within the UDO to ensure consistency with State law. <br /> Attachment 1 provides additional background on the proposal. Attachment 2 contains a copy of the <br /> relevant Session Law. Attachment 3 contains the proposed amendments in a "track changes"format <br /> (red text for proposed additions and ur tr0eetllhreug.p for proposed deletions). <br /> Ordinance Review Committee (ORC) Review: The Planning Board ORC reviewed the proposed <br /> amendments at its October 2, 2013 ORC meeting where there were no comments on the proposal. <br /> The required Planning Director analysis is contained in Section B.2 of Attachment 1. <br /> Notification Procedural Requirements: Legal ads for the public hearing were placed in a <br /> newspaper of general circulation in the County in accordance with Section 2.8.7 of the UDO. <br />