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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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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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10/30/2015 10:00:02 AM
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BOCC
Date
11/5/2015
Meeting Type
Regular Meeting
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Agenda
Agenda Item
5e
Document Relationships
2015-594 SOC of Proposed UDO Text Amendment to revise the existing public hearing process
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Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2015
Minutes 11-05-2015
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2015
ORD-2015-031 Ordinance Amending the UDO Ordinance of Orange County and Planning Board Policies and Procedures
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2015
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2 50 <br /> 1 • Planning Board review/recommendation would occur prior to the public hearing for both <br /> 2 legislative and quasi-judicial (Class A Special Use Permit) items. (The existing process <br /> 3 is for Planning Board review/recommendation to occur after the public hearing). <br /> 4 <br /> 5 • Notification of the Planning Board meeting would be mailed/posted for items requiring <br /> 6 such notice (e.g., map amendments or development projects) and the public would be <br /> 7 able to address the Planning Board at its meeting. The proposed process would allow <br /> 8 for public notification and involvement earlier than the existing process. <br /> 9 <br /> 10 No longer require a quorum of Planning Board members in order to hold a quarterly <br /> 11 public hearing. Planning Board members would still be expected to attend the hearing <br /> 12 but a quorum of members would not be necessary in order for the hearing to be held. <br /> 13 This revision would mean that the quarterly public hearings would no longer be <br /> 14 considered joint BOCC/Planning Board hearings since, without a quorum requirement, <br /> 15 the Planning Board could not be considered an official board in attendance. <br /> 16 <br /> 17 Revise the Planning Board Policies and Procedures to require that the Planning Board <br /> 18 Chair, or Vice-Chair in the Chair's absence, attend the quarterly public hearings and also <br /> 19 the BOCC meetings at which a decision is scheduled for items on which the Planning <br /> 20 Board has made a recommendation. <br /> 21 <br /> 22 Allow Comprehensive Plan amendments to be heard at any quarterly public hearing <br /> 23 (QPH). Existing language that states "principal" Comprehensive Plan amendments are <br /> 24 "generally" considered only once per year at the quarterly public hearing in February is <br /> 25 proposed for deletion (Section 2.3.7). Additionally, language that classifies <br /> 26 Comprehensive Plan amendments into "principal" and "secondary" amendments <br /> 27 (Section 2.3.4) is proposed for deletion because it is relevant only in conjunction with <br /> 28 Section 2.3.7. <br /> 29 <br /> 30 Legal advertisement of quasi-judicial hearing items: the Attorney's office has suggested <br /> 31 that Special Use Permit applications (both Class A and Class B) no longer be included in <br /> 32 legal advertisements since the general public does not have standing to participate in <br /> 33 quasi-judicial hearings. Language modifications in Sections 2.7.6 and 2.12.6 reflect this <br /> 34 suggestion. <br /> 35 <br /> 36 Closure of public hearings: Modifications in Section 2.3.11, 2.7.9, and 2.8.9 would mean <br /> 37 that the BOCC would close the public hearing the night of the hearing. At that time, the <br /> 38 BOCC could defer a decision to a later BOCC meeting date; make a decision; or, as a <br /> 39 procedural right not included in the text of the UDO, send an application back to the <br /> 40 Planning Board for further review. If the BOCC chooses to defer a decision to a later <br /> 41 meeting date, legislative items could be listed on the future BOCC agenda as "Regular <br /> 42 Agenda" items and additional public comment could be accepted. The existing <br /> 43 requirement for only written comments after the quarterly public hearing is proposed for <br /> 44 deletion. <br /> 45 <br /> 46 In order to meet legal sufficiency text of the UDO, send an application back to the <br /> 47 Planning Board for further review. If the BOCC chooses to defer a decision to a later <br /> 48 meeting date, legislative items could be listed on the future BOCC agenda as "Regular <br />
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