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2.8.8 Planning Board Review <br />(A) Following the public hearing, all proposed amendments shall be referred to the Planning <br />Board for consideration and recommendation. <br />(B) The Board of County Commissioners may direct the Planning Board to provide a <br />recommendation by a date certain. If the Board of County Commissioners does not so <br />direct, the Planning Board shall make its recommendation within three regularly <br />scheduled Planning Board meetings 60 calendar days 14. <br />(C) If the Planning Board fails to make a recommendation within the time allotted in <br />subsection (B) above, the application shall be forwarded to the Board of County <br />Commissioners without a Planning Board recommendation. <br />(D) Amendments initiated by Orange County shall not be subject to time limitations other <br />than those specified by the Board of County Commissioners during the public hearing <br />process.15 <br />(E) Evidence not presented at the public hearing may be submitted in writing to the Planning <br />Board for consideration prior to the Planning Board’s recommendation to the Board of <br />County Commissioners. The Planning Board may consider additional oral evidence only <br />if it is for the purpose of presenting information also submitted in writing.16 <br />(F) Interested persons may address the Planning Board at the Planning Board’s meeting and <br />public comments may be taken into consideration by the Planning Board in making its <br />recommendation. <br />(G) The Planning Board’s action on an application shall be one of the following: <br />(1) Make no recommendation, <br />(2) Recommend approval, <br />(3) Recommend denial, or <br />(4) Recommend approval but with specified changes. <br />2.8.9 Action by Board of County Commissioners <br />(A) The Board of County Commissioners shall not consider enactment of the a proposed <br />amendment until the Planning Board either makes its recommendation or takes no action <br />on the application as prescribed in Section 2.8.8(C). <br />(B) In making its decision, the Board of Commissioners shall consider all relevant evidence <br />presented at the public hearing and any submitted written evidence that was considered <br />by the Planning Board in making its recommendation. <br />(C) In making its decision, the Board of Commissioners shall consider comments made at the <br />public hearing, the Planning Board’s recommendation, and the Planning Director’s <br />recommendation. <br />14 Staff is suggesting a shorter potential review period. In recent years, the BOCC has instructed the Planning <br />Board to return its recommendation by a date/time certain due to the case law requirement that public hearings <br />be adjourned to a date/time certain. Since the public hearing is now proposed to be closed the night of the <br />hearing and the requirement for only written comments after the public hearing is proposed for removal, the <br />Planning Board will need to know that recommendations must be made within 60 days. <br />15 Staff is suggesting that amendments initiated by the County have the same review time as applications <br />submitted by others. <br />16 Staff is suggesting that oral comments on legislative items could be made at the Planning Board meeting and <br />they would not also have to be submitted in writing. This will help alleviate the current awkward process of <br />leaving the public hearing open in order to receive written comments which necessitates items being placed on the <br />BOCC under the “public hearing” heading but with the note that no additional comments are accepted. <br />67