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Potential Revisions to the Existing Public Hearing Process <br /> (for Unified Development Ordinance (UDO)/Zoning Matters) <br /> Purpose of Work Session <br /> • To discuss whether the existing public hearing process for UDO/Zoning matters should <br /> be revised <br /> • If so, give staff direction on what the process should be <br /> • Any revisions must be brought forward as a UDO text amendment at a quarterly public <br /> hearing <br /> Recent History <br /> • Reviewed in last half of 2014 and discussed extensively by Planning Board and BOCC <br /> • Original impetus: <br /> • Remove the Planning Board as an official board at the public hearing (e.g., do <br /> not require a quorum of Planning Board members) <br /> • Increase the frequency of public hearings (currently held 4 times per year on <br /> dates specifically set aside only for public hearings) <br /> • Other discussion through process: <br /> o Allow the public to make comments at the end of the process, not just at the <br /> formal public hearing <br /> ➢ Will require a text amendment to the UDO which stipulates only written <br /> comments can be made after the formal public hearing <br /> ➢ If pursued, should be allowed only for legislative items, not quasi-judicial <br /> items (e.g., Special Use Permits) <br /> Legislative vs. Quasi-Judicial <br /> • If revisions are made, staff recommends two slightly different processes given the <br /> different legal requirements <br /> • Legislative decisions can be discussed by decision makers outside of the formal <br /> public hearing with anyone who has an opinion <br /> • Quasi-judicial decisions are not to be discussed outside of the formal hearing <br /> (ex parte communication) and sworn testimony by experts is required <br /> ➢ Non-expert opinions are considered hearsay and cannot be the basis of <br /> a decision <br /> Possible Process Flow Charts <br /> • Included in agenda materials along with remarks regarding each possible process <br /> • Primary differences from existing process: <br /> Differences from Existing Process <br /> • Planning Board would make a recommendation prior to the public hearing <br /> • Planning Board could request BOCC send item back to the Planning Board after <br /> the public hearing <br /> • BOCC could choose to send an item back to the Planning Board after the public <br /> hearing <br /> • Public hearing would be closed the night of the hearing <br /> o Written comments after the hearing would no longer be required <br />