Agenda - 11-06-2014 - 5c - Laserfiche WebLink

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10 DRAFT 325 hear what the people have to say. I sit here every month and hear the staff from their perspective and I get a good 326 understanding on their challenges, what they are trying to do as a whole, I then like to come to the public hearing 327 meeting and I cautiously listen to the people. Within the decisions we make to the UDO and the Comprehensive 328 Plan when we have a chance that helps me to figure out if it a good thing for the community. Then my 329 recommendation that I give to the County Board of Commissioners, I'm looking at it from the community perspective 330 because I have to live here. You may not live in my neighborhood, in my area, and I don't want rules making it hard 331 for me to enjoy the life here in Orange County. I take this very seriously so I don't want whatever we do, I want to 332 hear from the public, as well as coming here every month and hearing from the Planning Board and hearing the 333 County Commissioners and what they want and make it all work the best we possibly can. I understand the legal 334 process but for me that's top concern because we have to live here in Orange County so we have to keep it where 335 people can enjoy the County and not feel like they want to move to Durham or Alamance County, that's the way I see 336 it and I want to find the best way to say that in the decisions we make. I try my best to show up to the public hearings 337 and I go to work at 12 at night and the night of that long meeting, I left that meeting and went right to work because 338 that's my commitment to the citizens of Orange County to be there. I think that staff and the Board of Commissioners 339 get benefit from it. 340 341 Pete Hallenbeck: One good thing coming from this discussion is that it's an interesting opportunity for everyone to 342 think about the role of the Planning Board and I think we are all basically on the same page. If anyone has another 343 rule they think is critical. 344 345 Paul Guthrie: I mentioned one and that is the fact that we provide the Board of Commissioners with a screen with 346 which they can filter through information as they deal with some very tough issues. 347 348 Pete Hallenbeck: Yes, with a blend of the feedback and the community and public input. Also I think there is 349 representation of the areas and there is also that everybody here has a diverse skill set and drawing on both of those 350 really helps with these opinions that we can give the Commissioners. 351 352 Tony Blake: Is it safe to say that any quasi-judicial process is preceded by a legislative? 353 354 Perdita Holtz: In quasi - judicial matters it depends on how you're zoned on whether you have to get a Special Use 355 Permit and so at some point zoning was applied to the property but you can't say that it precedes it by a month or a 356 year of something like that. 357 358 Tony Blake: No, what I'm saying is the maybe when we run up against this situation where we think, maybe the 359 County is being too heavy handed but we don't really have the power to do anything but interpret the facts against 360 the UDO and it either is or it isn't, right? Michael is the oracle on that, we have a handoff or a way to pass along to a 361 more powerful body, the Board of Adjustment or the Board of Commissioners whoever it is and say here's our 362 legislative view to take into your quasi - judicial. I don't know. 363 364 Perdita Holtz: No, it's not for most of the types of Special Use Permits that we see. The only time that there's a 365 legislative component is if there is a rezoning associated with also needing a Special Use Permit and that happens in 366 the case of some subdivisions when you get larger subdivisions in the rural area. 367 368 Tony Blake: Yeah, I was thinking of that dog kennel up on 70 where they weren't really in compliance. They wanted 369 to do something, they couldn't do something without being in compliance first and then being in compliance was too 370 expensive. It really got dicey and at the end of the day, basically, we were told we couldn't do anything outside of the 371 UDO but at the same time it didn't qualify for the Board of Adjustment and so there was this limbo thing and then it 372 was thrown over to the County Commissioners who changed the decision. 373 374 Perdita Holtz: Yes, that really was a messy one. 375 376 Tony Blake: That's the kind of situation I'm thinking of that it just really seems like we could be more graceful. 377 Changing gears here if we got in early at the community information meetings and tried to make that at least as 7