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<br />ORANGE COUNTY <br />PLANNING BOARD <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: December 4, 2013 <br /> Action Agenda <br /> Item No. 10 <br /> <br />SUBJECT: UDO Text Amendment Related to Board of Adjustment Operation and <br />Procedures <br /> <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No <br /> <br /> <br />ATTACHMENT(S): INFORMATION CONTACT: <br />1. Comprehensive Plan and Unified <br />Development Ordinance Amendment <br />Outline Form (UDO/Zoning 2013-03) <br />2. UDO Amendment Package <br /> <br />Michael D. Harvey, Planner III (919) 245-2597 <br />Craig Benedict, Director (919) 245-2575 <br /> <br />PURPOSE: To make a recommendation to the BOCC on a Planning Director initiated text <br />amendment(s) to the Unified Development Ordinance (UDO) relating to incorporating recent <br />changes in State law related to the Board of Adjustment. <br /> <br />BACKGROUND: This item was presented at the November 25, 2013 Quarterly Public Hearing <br />where staff indicated the amendments were necessary to ensure recent changes to State law <br />are incorporated into the UDO. The proposed text amendment would: <br />• Change the votes necessary for the Board to approve a Special Use Permit application <br />from 4/5th of members to a simple majority, <br />• Clarify procedure(s) for requesting and issuing of subpoenas, <br />• Clarify appeals timeframe for Board of Adjustment decisions to be submitted to Superior <br />Court, and <br />• Clarify notification requirements with respect to who is notified of a Board decision. <br />Agenda packet materials from the hearing can be accessed via the following link: <br />http://orangecountync.gov/occlerks/131125.pdf. Please refer to Section C.1 (c) of Attachment 1 for <br />a synopsis of comments made during the hearing. <br /> <br />Attachment 2 contains the proposed amendments with additions shown in red text and <br />proposed deletions are shown in red strikethrough text as well as footnotes documenting the <br />rationale for the proposed modification. <br /> <br />Procedural Information: In accordance with Section 2.8.8 of the Unified Development <br />Ordinance, any evidence not presented at the public hearing must be submitted in writing prior <br />to the Planning Board’s recommendation. Additional oral evidence may be considered by the <br />Planning Board only if it is for the purpose of presenting information also submitted in writing. <br />The public hearing is held open to a date certain for the purpose of the BOCC receiving the <br />Planning Board’s recommendation and any submitted written comments. <br /> <br />93