Agenda - 11-05-2015 - 5-e - Unified Development Ordinance Text Amendment – Public Hearing Process Revisions - Closure of Public Hearing and Action (No Additional Comments Accepted)

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2 • The newspaper legal advertisement for Special Use Permits will be retained. Staff will work on language to be included in the legal ads to clarify who may testify in quasi-judicial matters since the general public does not have standing in quasi-judicial matters, but may attend the hearing. • The notice distance requirement for all types of amendments or projects that require mailed notification is proposed to be increased from 500 feet to 1,000 feet. Staff is proposing that notices be mailed via first class mail instead of certified mail, as is currently done, to keep costs and staff time lower. o The Planning Board has recommended that the outside of envelopes or postcards be marked with "Notice of Public Hearing" so that recipients are more aware of the contents of the notification. This recommendation has been included (in greeil text) in the amendment package in Attachment 3. The BOCC requested input from the Planning Board on whether a quorum of Planning Board members should be necessary in order to hold a Quarterly Public Hearing. This topic was discussed at the October 7, 2015 Planning Board meeting and an excerpt of the draft minutes are included in Attachment 5. The majority of Planning Board members felt that, while the Planning Board should be expected to attend the quarterly public hearings, a quorum of Planning Board members should not be required in order to proceed with holding a public hearing. The Planning Board also suggested the addition of language to the Planning Board Policies and Procedures to provide clarity for members regarding attendance at quarterly public hearings. The language of the text amendments in Attachment 3 does not require a quorum of Planning Board members in order to hold a quarterly public hearing and additional language has been added to the Planning Board Policies and Procedures (in greeil text) to clarify attendance expectations. Timeline examples for the revised processes are included in Attachment 6. Review timeframes for Comprehensive Plan actions, UDO text amendments, and general use zoning district amendments could be shortened to as little as eight (8) weeks from application submittal deadlines if the revised processes are adopted. The current timeframe for these types of actions is approximately four (4) months. For Class A Special Use Permits and conditional districts, the review timeframe could be shortened to as little as ten (10) weeks from application submittal deadlines if the revised processes are adopted. The current timeframe for these types of actions is approximately 4-5 months. The ability to have additional review time when warranted is retained in the proposed processes. The Ordinance in Attachment 3 includes the following clauses: • The effective date of the Ordinance is January 1, 2016. If adopted, the revised process would begin on this date (e.g., items proposed for February 2016 Quarterly Public Hearing would be the first items processed under the revised procedure). • A review of the revised process will be conducted after one year to ascertain if the revised process is working as expected/desired. A report will be made to the BOCC in early 2017. Procedural Information: In accordance with Section 2.8.8 of the UDO, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. The public hearing is held