Agenda - 02-18-2016 - C2 - Unified Development Ordinance Text Amendment

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54 VOTE: UNANIMOUS 5. Public Hearings a. Unified Development Ordinance Text Amendment Related to Temporary Health Care Structures — Public Hearing Closure and Action (No Additional Comments Accepted) The Board considered receiving the Planning Board recommendation, closing the public hearing, and deciding accordingly and/or adopting the Statement of Consistency and the Ordinance amending the Unified Development Ordinance (UDO) regarding temporary health care structures as recommended by the Planning Board and staff. Ashley Moncado, Orange County Planning and Inspections, said this item was presented at the May Quarterly Public Hearing (QPH). She said no modifications were made after the QPH. She said the amendment was presented at the June Planning Board Meeting, and the Planning Board voted 10-2 to recommend approval of the Statement of Consistency; and 9-3 to recommend approval of the proposed amendment. She said all comments from the Planning Board meeting can be found on page 8 within attachment 2. Commissioner Price asked if there had been any collaboration with the municipalities. Ashley Moncado said the Town of Hillsborough is pursuing an amendment to implement the session law, and there have been no comments from the other jurisdictions despite notification of the proposed amendment being sent to them. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to close the public hearing. VOTE: UNANIMOUS Commissioner Dorosin said he will vote against it. He said he knows it is a directive from the State, but he finds it a poor way to do policy. Commissioner Dorosin said at the last BOCC meeting, the Commissioners had discussed about developing something specific to Orange County with broader parameters, and he encouraged the Board to pursue this. Commissioner Dorosin said the Board needs to re-visit the policy that no more than 3 unrelated persons can live together as this could be a violation of civil rights, and asked if staff could revise this. Ashley Moncado said staff is interested in pursuing these changes as well, but needed to get this text amendment done first and then review changes to it. Commissioner Dorosin asked what would happen if the Board rejected this law. Ashley Moncado said the State law would trump County law. She said she spoke with the County Attorney's office regarding modifying the language, and changes will be pursued. Commissioner Dorosin said it does not matter if the Board passes this amendment. Ashley Moncado said that is correct. She said the State law would trump the County's refusal to pass it, but potential future changes could make the amendment more flexible and accommodating. Commissioner Price said she has concerns with the residency requirement. She asked if there is a definition of, or process, to determine who is a resident. Ashley Moncado said this was a concern with the planning board members as well, and staff knows that this needs to be explored more thoroughly.