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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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\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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6 <br /> Planning Board Chair, or Vice-Chair in the Chair's absence, attend the <br /> quarterly public hearings and also the BOCC meetings at which a <br /> decision is scheduled for items on which the Planning Board has made <br /> a recommendation. <br /> • Allow Comprehensive Plan amendments to be heard at any quarterly public <br /> hearing. Existing language that states "principal" Comprehensive Plan <br /> amendments are "generally" considered only once per year at the quarterly <br /> public hearing in February is proposed for deletion (Section 2.3.7). <br /> Additionally, language that classifies Comprehensive Plan amendments into <br /> "principal" and "secondary" amendments (Section 2.3.4) is proposed for <br /> deletion because it is relevant only in conjunction with Section 2.3.7. <br /> • Legal advertisement of quasi-judicial hearing items: due to comments made <br /> at the September 8, 2015 public hearing, staff is suggesting that the <br /> newspaper legal advertisement for Special Use Permits will be retained and <br /> that staff work on language to be included in the legal ads to clarify who may <br /> testify in quasi-judicial matters. [Within the materials presented at the public <br /> hearing, the Attorney's office had suggested that Special Use Permit <br /> applications (both Class A and Class B) no longer be included in legal <br /> advertisements since the general public does not have standing to participate <br /> in quasi-judicial hearings.] <br /> • Mailed Notification Distances: Due to comments made at the September 8 <br /> 2015 public hearing, the notice distance requirement for all types of <br /> amendments or projects that require mailed notification is proposed to be <br /> increased from 500-feet to 1,000-feet. Staff is proposing that notices be <br /> mailed via first class mail instead of certified mail, as is currently done, to keep <br /> costs and staff time lower. <br /> • Closure of public hearings: Modifications in Section 2.3.11, 2.7.9, and 2.8.9 <br /> would mean that the BOCC would close the public hearing the night of the <br /> hearing. At that time, the BOCC could defer a decision to a later BOCC <br /> meeting date; make a decision; or, as a procedural right for legislative items <br /> not included in the text of the UDO, send an application back to the Planning <br /> Board for further review. If the BOCC chooses to defer a decision to a later <br /> meeting date, legislative items could be listed on the future BOCC agenda as <br /> "Regular Agenda" items and additional public comment could be accepted. <br /> The existing requirement for only written comments after the quarterly public <br /> hearing is proposed for deletion. <br /> o In order to meet legal sufficiency requirements, hearings for quasi- <br /> judicial items (Class A Special Use Permits) would be continued to a <br /> date/time certain if additional evidence is requested at the quasi-judicial <br /> hearing. The date/time certain could be a regular BOCC meeting (e.g. <br /> not necessarily the next quarterly public hearing). Written evidence <br /> after the quasi-judicial hearing would no longer be permitted. <br /> • The BOCC may wish to consider adding an additional heading to <br /> its agendas: Quasi-Judicial Hearings, along with a note <br /> explaining that only persons with legal standing can participate in <br /> quasi-judicial hearings. Quasi-judicial items deferred for decision <br /> to a later meeting date or for which the hearing was continued in <br /> order to receive additional evidence would be listed on the <br /> 3 <br />
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