Agenda - 09-08-2015 - C2 - Laserfiche WebLink

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57 a plication must be approved unless the Board shall also find, in specific manne , (1) the use will n ntain or promote th is health, safety and general welfare, if located wher nd developed and operated according to the plan as submitted. (F) Those opposin oval of the application on the grou at the use will not promote the pub i alth, safety and general welfare shall have the bur stablishing, by petent material and substantial evidence, the specific manner in whic roposed use does not satisfy the requirements for approval of the application for a Special 2.7.9 Review and Decision (A) For Class A Special Use"Permits, the following shall apply: (1) All applications shall be referred to the Planning Board for review and recommendation after the Neighborhood Information Meeting but prior to the public hearing.27 (2) The Planning Board shall make a recommendation and proposed findings of fact on the application, including the findings required in Section 5.3.2 of this Ordinance 28. The Planning Board's action on an application shall be one of the following: (a) Recommend approval based on proposed findings of fact, (b) Recommend denial based on proposed findings of fact, (c) Recommend approval based on proposed findings of fact but with specified conditions. (3) Should the Planning Board fail to make a recommendation prior to the public hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. (4) The Board of County Commissioners and RIaRRiRg Q^.,r.d29 shall review the application during a meeting designated as a Quarterly Public Hearing. (5) All evidence shall be submitted during the public hearing. If additional evidence is requested by the Board of County Commissioners during a hearing which must be submitted at a later date, the hearing shall be continued to a date/time certain in order to receive the additional evidence.30 27 The Staff Attorney has advised that a greater level of legal sufficiency is reached if the Planning Board reviews applications and makes its recommendation prior to the quasi-judicial hearing than during or after the hearing. 28 The Planning Board has stated it wants to make a recommendation on the findings required in Section 5.3.2 (e.g., use will promote public health,safety,and welfare; use will maintain or enhance value of contiguous property; location and character of use is in harmony with the area). Staff notes that an applicant cannot be required to divulge the evidence they intend to present at the evidentiary hearing(quasi-judicial hearing). In the event an applicant chooses to withhold information until the quasi-judicial hearing,there may be cases where the Planning Board will not have access to all information at its meeting. In such cases,the Planning Board may note deficiencies in information in its recommendation. 29 While the Planning Board is expected to attend the public hearing,a quorum of Planning Board members will not be necessary in order to conduct the hearing. 30 In order to meet legal requirements for quasi-judicial proceedings,staff is suggesting this proposed language. Evidence would no longer be allowed to be submitted in writing after the quasi-judicial hearing. Instead, additional evidence would have to be presented by experts at a subsequent hearing(which does not necessarily have to be a quarterly public hearing date).