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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6 54 1 Commissioner Jacobs said he is still uncomfortable with some of these changes. 2 Commissioner Dorosin said he agreed and disagreed with Commissioner Price and 3 Commissioner Jacobs. 4 Commissioner Dorosin said if these amendments were in place tonight, the Board of 5 County Commissioners could approve these items. He said he finds this flexibility to be a good 6 thing. 7 Commissioner Dorosin said notification is important and the public should be able to 8 attend and listen, even if speaking is not permitted. 9 Commissioner Dorosin clarified that his initial concern was that currently the residents do 10 not have the last word. He said after the public speaks the item goes back to the Planning 11 Board. He said the desire is to engage residents earlier in the process, hopefully encouraging 12 more to go to the Planning Board meetings. He said then the public can come to the QPH and 13 will get to address the boards a second time. He said it would be ideal if the decision could then 14 be made. 15 Commissioner Dorosin said the BOCC can still retain the option to send it back to the 16 Planning Board, if need be, for legislative items. 17 Perdita Holtz agreed. 18 Commissioner Dorosin said he does not agree that the Planning Board is being cut out 19 of the process but that the public is being more engaged. 20 Commissioner Dorosin said the distinction between the legislative and quasi-judicial 21 proceedings is what is most confusing to the public. He said the staff should take the time to 22 explain this to the public through pamphlets, the Internet, or on the abstracts. He said staff 23 should build this into the process to make things more clear to the public. 24 Commissioner Dorosin said he would support the change in the structure. He said even 25 though it seems the process is being streamlined really the public is being engaged earlier in 26 the process. 27 Commissioner Rich agreed that after the public speak there is no a chance to dispute 28 what the Planning Board is recommending to the Board of County Commissioners. She said it 29 is important to engage the public throughout the process. 30 Commissioner Rich referred to page 3 and the closure of public hearings. She asked if 31 there is new evidence, should it not be referred back to Planning Board. 32 Perdita Holtz said that is for legislative items only, not quasi-judicial items. 33 Commissioner Rich said she just wanted to make sure that the BOCC, the Planning 34 Board, and the public all have the same information. 35 Perdita Holtz said this goal is achievable with legislative items but more difficult for 36 quasi-judicial items, since that process is more difficult. She said there is a different process for 37 these items. She said an applicant could not be required to divulge all of their evidence at the 38 Planning Board meeting. 39 Commissioner Rich asked if the applicant does not want to show all their cards to the 40 Planning Board, but only to the Board of County Commissioners, then could the item be referred 41 back to the Planning Board, or must the hearing be closed. 42 Perdita Holtz said according to the Attorney's Office she said the item should not be 43 referred back to the Planning Board. She said there is better legal sufficiency if the BOCC 44 handles the item after the quasi-judicial hearing. 45 Commissioner Rich asked if the Board of County Commissioners got new information 46 the Planning Board might not have the opportunity to discuss it. 47 Perdita Holtz said yes, that is possible with quasi-judicial items. 48 Commissioner Rich asked if there was someone responsible for the evening's agenda.