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Agenda - 11-18-2014 - 5b
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Agenda - 11-18-2014 - 5b
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Last modified
6/8/2015 3:25:19 PM
Creation date
11/17/2014 10:07:24 AM
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BOCC
Date
11/18/2014
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5b
Document Relationships
Minutes 11-18-2014
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
ORD-2014-043 Ordinance Approving Proposed Zoning Text Amendments Requiring Neighborhood Information Meetings for All Special Use Permit Applications
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2014
RES-2014-074 Resolution Concerning Statement of Consistency of a Proposed Unified Development Ordinance (UDO) Text Amendment with the Adopted Orange County 2030 Comprehensive Plan
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2014
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15 <br />Michael Harvey said 30 days was chosen because that is what is required for major <br />subdivisions and government uses. He said conditional zoning requests only require 2 weeks, <br />as these are a legislative decision and they are less complex. <br />Commissioner Price asked if there are any guidelines about the location and the hours <br />for these meetings. <br />Michael Harvey said these meetings are typically held during the day, because that is <br />when staff and the applicant can attend. He said he is aware of the concern that these may <br />need to be held at an appropriate hour to guarantee mass attendance, but these will have to be <br />coordinated with when the applicant can be available. <br />Commissioner Price said that would be her concern. She suggested a set of guidelines <br />within the department. <br />Commissioner Rich said she has some concerns about the 30 day notice. She wonders <br />if there is another way to let the neighbors know what is going on. <br />Michael Harvey referred to page 80 and the typical timeline for the submittal of a special <br />use permit applications. He said applications for a Class A special use permit are submitted 60 <br />days prior to a public hearing. He said the timeline that has to be followed means that a <br />neighborhood meeting letter is being sent out within two weeks of acceptance of the application. <br />He said the application submittal deadline can certainly be altered if the Board wants to do so. <br />He said one reason he would urge the Board not to require notification of neighbors when an <br />application is submitted is that a sufficiency test has to be done to determine if the application is <br />even complete, and if it is not complete it is rejected by staff and review does not occur. <br />Commissioner Rich said the concern she had after the experience with the solar farm is <br />that the solar company had a long time with the planning board, and the neighbors had a very <br />short amount of time to understand what was happening. She said something was out of <br />balance there. <br />Michael Harvey said the application was submitted in December of 2013, but the <br />applicant requested the review of the application be continued from the February until the May <br />2014 quarterly public hearing. He said the mechanism was currently not available for staff to <br />notify property owners that an application had been submitted beyond the existing 2 week public <br />hearing notice. He said if one special use applicant is treated differently than others, this <br />creates a legal issue and the county could be challenged for being arbitrary. He said the <br />applicant chose to delay the hearing after not responding to staff emails outlining deficiencies. <br />Commissioner McKee referred to the outline on page 80 and said the notification is sent <br />out 15 days prior to the 30 days before the neighborhood meeting. <br />Michael Harvey said that is correct <br />Commissioner Dorosin said it seems there are two different things that can be done to <br />improve this process. He said it seems that staff feels that there is no need to hold a meeting <br />until the application is approved, but the neighbors have an interest in what is going on. He <br />does not see these things as irreconcilable. <br />
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