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includes the flow chart in Attachment 2. The BOCC item will be available on or shortly after <br />October 31st at: http://www.orangecountync.gov/OCCLERKS/agenmenu.asp. Part of the <br />recommendation for the November 6th BOCC meeting is for the BOCC to close the public <br />hearing on this item because the text amendment that was heard at the September 8th quarterly <br />public hearing is expected to change significantly enough that the text amendment will have to <br />be heard again at a future public hearing, perhaps in February 2015. <br /> <br />Focus on Quasi-Judicial Process <br /> <br />Planning staff suggests the Planning Board focus on the quasi-judicial process at the November <br />5th meeting. Relevant information is included in Attachment 1 and specific aspects to be <br />discussed should include: <br />1. Should the Planning Board make recommendations on quasi-judicial matters? <br />a. It should be noted that years ago, the Planning Board did not make <br />recommendations on Class A Special Use Permits. The practice came in to being <br />because there was confusion on what the Planning Board’s role is for those <br />projects that are both Legislative & Quasi-Judicial (e.g., Conditional Use District, <br />which was called “Planned Development” in the former Zoning Ordinance). <br />2. If the Planning Board continues to make a recommendation, when does the Planning <br />Board’s recommendation occur? (Before or after the public hearing). <br />3. If the Planning Board continues to make a recommendation, what exactly is the Planning <br />Board meeting since quasi-judicial matters require evidence to be presented by experts <br />and comments by non-experts should not be allowed and should not be part of the <br />decision process. <br /> <br />The Attorney’s office intends to attend the November 5 Planning Board meeting and could <br />address questions Planning Board members have in regards to quasi-judicial or other legal <br />matters. <br /> <br />FINANCIAL IMPACT: Existing staff will complete the necessary work required for this project. <br />Changing the public hearing process is not expected to cause significant financial impacts <br />(negative or positive). Legal ads and mailed notifications, if required, would have to be sent <br />regardless of the process. Additional notifications (sent via first class mail) would increase <br />overall costs slightly. Internal work flow, both within the Planning Department and in other <br />County Departments that have involvement with agenda setting, may need to be <br />updated/changed, depending on the whether public hearing items can be placed on regular <br />BOCC meeting agendas (as opposed to keeping the existing process of quarterly public <br />hearings only). Initial meetings with these departments have indicated that necessary changes <br />can be accommodated. <br /> <br />RECOMMENDATION(S): The Planning Director recommends the Board: <br />1. Review and discuss as necessary the proposed public hearing process for Legislative <br />Items (Attachment 2). <br />2. Discuss members’ ideas about what the process should be for quasi-judicial items <br />and the Planning Board’s role in quasi-judicial items, particularly if it is no longer <br />attending the quarterly public hearings as an official board. <br />49