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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63 DRAFT 106 Perdita Holtz: We are suggesting everyone get regular mail. Having to separate mailing list may be confusing in the 107 future. 108 109 Lydia Wegman: I am comfortable with first class mail, but would it be possible to put on the outside of the envelope 110 notice of public hearing so people are aware they are getting a notice from the county. 111 112 Pete Hallenbeck: Signs will still go up? 113 114 Perdita Holtz:Yes. 115 116 Lydia Wegman: I continue to be concerned about having the Planning Board make its recommendation before the 117 BOCC meeting. I think the recommendation should be made following the hearing so that the Planning Board can 118 hear all the evidence before making a recommendation. 119 120 Tony Blake: The thing that resonated with me was the intent to give the public the last word. It's difficult for us to go 121 after the public hearing and still have the public give the last word. But I share your concern that we are making a 122 recommendation before we have heard all the evidence. 123 124 Herman Staats: If I remember at ourjoint meeting the BOCC was saying that if there was a case that came up and 125 there was a lot of discussion or disagreement they had the opportunity to send it back to us for more discussion. 126 127 Perdita Holtz: The BOCC does have the discretion to send legislative items back to the Planning Board as needed. 128 129 Herman Staats: Is it possible that our recommendation to the BOCC was that we would like to defer our 130 recommendation to after the public hearing? 131 132 Perdita Holtz: Depending on what the recommendation is. The recommendation can be for the Planning Board to be 133 given an extended amount of time to consider the manner, but you can't say you have to send it back to us. 134 135 Pete Hallenbeck:Are there any other items in the proposal that people would like to discuss? If there aren't then the 136 next step here is to make a recommendation on the statement of consistency. 137 138 MOTION made by Lisa Stuckey to recommend approval of the statement of consistency. Buddy Hartley seconded. 139 VOTE: 9—2 (Tony Blake and Lydia Wegman opposed) 140 141 Tony Blake: If we are going to be part of the process and bound by the rules of quasi-judicial and ex parte 142 communication then we should be required to attend and that is the part that I find inconsistent. 143 144 Lydia Wegman: I feel that the Planning Board should be making its recommendation following the public hearing 145 because I am concerned with the Planning Board not hearing all the evidence that will go before the BOCC. I am 146 pleased to know the BOCC has the discretion to send something back to the Planning Board. In my perspective 1 147 would prefer to have the guarantee for the opportunity of the Planning Board to consider an item after the public 148 hearing when I am confident all the evidence has been presented whereas I do not feel confident that is the case if 149 the Planning Board makes it recommendation prior to the BOCC meeting. Consistent with that my preference would 150 be if we continued to make our recommendation after the County Commissioners meeting that a quorum should be 151 required or the Board attest to hearing the BOCC public hearing so there is certification that the Planning Board is 152 knowledgeable about the evidence presented. The idea of having a preliminary Planning Board recommendation and 153 a subsequent or final Planning Board recommendation following the BOCC meeting is also one that makes sense to 154 me. 155 156 MOTION made by Lisa Stuckey to approve the amendment package on pages 62 to 98 with amendments to page 92 157 regarding the expectations of Planning Board members regarding the quarterly public hearing and adding notice of 158 the public hearing to the outside of the mailing envelopes. James Lea seconded. 3