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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5 53 1 • Receive the proposal to amend the Unified Development Ordinance and Planning Board 2 Policies and Procedures. 3 • Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on 4 the proposed amendments. 5 • Refer the matter to the Planning Board with a request that a recommendation be 6 returned to the Board of County Commissioners in time for the November 5, 2015 7 BOCC regular meeting. 8 • Adjourn the public hearing until November 5, 2015 in order to receive and accept the 9 Planning Board's recommendation and any submitted written comments. 10 11 Effective Date 12 If amending Ordinance is adopted, the effective date should be a specific date so 13 submittal deadline schedules can be published 14 -Staff recommends starting with the 2016 meeting calendar, so January 1, 2016 effective 15 date. 16 17 Commissioner Pelissier said she understood the requirement of only the Planning Board 18 Chair and Vice Chair to attend the QPH but she asked if the other Planning Board members find 19 these QPHs helpful to attend. 20 Peter Hallenbeck said for some board members it is helpful to attend. He said there is 21 some relief of attendance not being required as it has had impact in the past of the meeting 22 being able to occur when there has not been a quorum. 23 Commissioner Price said, as of now, that she disagreed with the Planning Board being 24 exempt from QPH. She said public comments made at the QPH could affect decisions moving 25 forward. She said, as a result, the Planning Board might be making uninformed decisions. 26 Commissioner Jacobs asked if the Planning Board discussed this item and if there were 27 minutes from said discussion. 28 Perdita Holtz said the minutes were included as a link in the analysis section of the form 29 and that they are meeting notes from the Ordinance Review Committee. 30 Commissioner Jacobs said he recalled staff informing the BOCC that the County's 31 approval process was in line with other jurisdictions. 32 Perdita Holtz said yes. 33 Commissioner Jacobs agreed with Commissioner Price. 34 Commissioner Jacobs said he is uncomfortable with the Planning Board not hearing 35 public comment and then making recommendations to the Board of County Commissioners. He 36 said he understands the desire to make the process go more smoothly but the BOCC received 37 a letter today from the public that found these new amendments confusing. 38 Commissioner Jacobs said the notion that there would be no public notice for a quasi- 39 judicial hearing goes against the Board's social justice goals. He said people need to be 40 engaged or at least notified, and it is inconsistent with the values of Orange County. 41 Commissioner Jacobs said he trusts the County Manager but finds that one-year 42 reviews get lost in the shuffle over the years; they simply never happen. 43 Commissioner Jacobs said there are ways to deal with those wanting to come to a public 44 hearing and change the nomenclature of how hearings are noticed and what comments are 45 allowed. 46 Commissioner Jacobs said the public wants elected officials to know what they are 47 thinking. He said the County should be careful before adopting this amendment. He said 48 expedition is good but not at the expense of information gathering.