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7 <br /> Number of Proposed Lots or Proposed Review Process <br /> Process <br /> 21 lots and over? Special Use Permit (SUP) — Per <br /> Section(s) 2.7 and 2.15 of the UDO: <br /> • Planning Board <br /> recommendation on <br /> application; <br /> • BOCC holds public hearing in <br /> a quasi-judicial setting to <br /> review and act on project. <br /> Processed through the quasi-judicial <br /> review process (i.e. applicant/those <br /> in opposition bear burden of proving <br /> through substantial evidence and <br /> competent sworn testimony project <br /> does/does not comply with the UDO. <br /> Decision based on BOCC finding <br /> applicant does/does not comply <br /> based on the evidence in the record). <br /> Conditions can be imposed <br /> consistent with ensuring compliance <br /> with mandatory standards outlined <br /> within the UDO. <br /> Review of Conditional Zoning Application — Per Section 2.9 of the UDO: <br /> Approval of Master Plan (residential or mixed Planning Board makes a <br /> use) recommendation; <br /> • BOCC holds a public hearing <br /> to review and take action on <br /> the request <br /> Processed through the legislative <br /> review process (i.e. decision based <br /> on compliance with UDO, no sworn <br /> testimony or evidence required). <br /> Conditions can be included subject <br /> to applicant agreement with same. <br /> Staff has previously heard from developers they are hesitant to propose <br /> affordable housing, even with the potential for density bonuses, as doing so <br /> could require a heightened review process for their project(s). <br /> For example, a developer proposes a 20 lot single-family residential subdivision. <br /> In this scenario, 20 lots is the minimum number of lots necessary for the <br /> Depending on the number of lots,projects proposing more than 20 lots may have to include a rezoning petition to a <br /> Conditional Use(CU)district based on the wording of Section 7.2.3 of the UDO. Staff is in the process of revising <br /> the UDO to eliminate this requirement(i.e.rezoning to a CU district)given recent changes in State law eliminating <br /> CU districts as a viable process. <br />