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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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BOCC
Date
11/5/2015
Meeting Type
Regular Meeting
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Agenda
Agenda Item
5e
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2015-594 SOC of Proposed UDO Text Amendment to revise the existing public hearing process
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2015
Minutes 11-05-2015
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\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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4 52 <br /> 1 -Attorney's office has advised that having the Planning Board review/recommendation <br /> 2 prior to the public hearing provides for a greater level of legal sufficiency on quasi- <br /> 3 judicial items. <br /> 4 <br /> 5 • No longer require a Planning Board quorum in order to hold a quarterly public hearing. <br /> 6 -Planning Board Chair (or Vice-Chair) would be required to attend QPHs and BOCC <br /> 7 meetings at which a decision is scheduled. <br /> 8 <br /> 9 • Allow Comprehensive Plan amendments to be heard at any QPH. <br /> 10 • No longer include Special Use Permit applications in published legal advertisements <br /> 11 since the general public does not have standing to participate. <br /> 12 -Sign posting and mailed notices to adjacent property owners would still occur. <br /> 13 <br /> 14 • Closure of public hearings (legislative items): <br /> 15 -BOCC would close the hearing the night of the hearing and do one of the following: <br /> 16 o Defer a decision to a later BOCC meeting date. <br /> 17 o Make a decision. <br /> 18 o Send an application back to the Planning Board (procedural right not <br /> 19 included in text of UDO) <br /> 20 -If deferred to later date or sent back to Planning Board, when item comes back to <br /> 21 BOCC, can be listed as a "Regular Agenda" item and additional public comment could <br /> 22 be accepted. <br /> 23 <br /> 24 Closure of public hearings (quasi-judicial items): <br /> 25 -BOCC would close the hearing the night of the hearing and do one of the following: <br /> 26 o Defer a decision to a later BOCC meeting date. <br /> 27 o Make a decision. <br /> 28 -If additional evidence is requested by the BOCC the night of the hearing, the hearing <br /> 29 would be continued to a date/time certain so the additional evidence can be presented in <br /> 30 a quasi-judicial hearing. <br /> 31 <br /> 32 Planning Board Ordinance Review Committee <br /> 33 • Planning Board Ordinance Review Committee (ORC) reviewed topic in July and August. <br /> 34 Staff Coordination <br /> 35 Extensive coordination between Planning and Attorney staff, particularly for the quasi- <br /> 36 judicial process, to ensure legal sufficiency. <br /> 37 Public Notification & JPA Review <br /> 38 • Completed in accordance with Section 2.8.7 of the UDO <br /> 39 -Newspaper legal ads for 2 successive weeks. <br /> 40 • Amendment package sent to JPA partners on August 7, 2015 since public hearing <br /> 41 process would apply to any requests related to the Rural Buffer. <br /> 42 -To date, no comments have been received. <br /> 43 <br /> 44 Recommendation <br />
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