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Agenda 12-14-21; 5-a - Proposed Unified Development Ordinance Text Amendment – Modification of Enforcement Provisions Addressing Changes in State Law
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Agenda 12-14-21; 5-a - Proposed Unified Development Ordinance Text Amendment – Modification of Enforcement Provisions Addressing Changes in State Law
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12/9/2021 2:43:31 PM
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BOCC
Date
12/14/2021
Meeting Type
Business
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Agenda
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5-a
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Minutes 12-14-2021 Virtual Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2021
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2 <br /> As previously indicated the amendment(s) are necessary to address the County's compliance <br /> with applicable State law. The County Attorney's office has reviewed the proposal and found it <br /> to be legally sufficient. <br /> Planning Board Recommendation: The Planning Board reviewed this item at its December 1 , <br /> 2021 regular meeting (held via Zoom due to current public health concerns) and voted 9 to 1 to <br /> recommend approval of the amendments. The member voting no indicated they were not <br /> comfortable with the recent State law changes eliminating the County's ability to seek criminal <br /> charges for land use violations. <br /> Excerpt draft minutes from the meeting and the signed statement of consistency are included in <br /> Attachment 3. Agenda materials for the meeting are available at: <br /> http://orangecountync.gov/AgendaCenter/Planning-Board-26. <br /> Planning Director's Recommendation: The Planning Director recommends approval of the <br /> Statement of Consistency, indicating the amendments are reasonable and in the public interest, <br /> contained in Attachment 4 and the proposed ordinance contained in Attachment 5. <br /> Note Regarding Written Public Comments: Session Law 2021-35 (House Bill 812) became <br /> effective on July 1, 2021. A portion of the amended law pertains to written comments for public <br /> hearings held in remote meetings during declared emergencies. The Session Law updated the <br /> parameters for public written comments. Written comments on the subject of the public hearing <br /> can be submitted by interested persons until 24 hours prior to the scheduled time for the <br /> beginning of the public hearing. <br /> SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to <br /> this item: <br /> • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND <br /> ENVIRONMENTAL POLICIES <br /> The fair treatment and meaningful involvement of people of all races, cultures, incomes <br /> and educational levels with respect to the development and enforcement of <br /> environmental laws, regulations, policies, and decisions. Fair treatment means that no <br /> group of people should bear a disproportionate share of the negative environmental <br /> consequences resulting from industrial, governmental and commercial operations or <br /> policies. <br /> ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal <br /> impact associated with this item. <br /> FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary <br /> tasks associated with amending the UDO. <br /> RECOMMENDATION(S): The Manager recommends the Board: <br /> 1. Conduct the public hearing and accept the Planning Board recommendation and <br /> staff/public comment(s); <br /> 2. Close the public hearing; <br /> 3. Deliberate as desired; and <br /> 4. Vote to approve the: <br /> i. Statement of Consistency (Attachment 4), and <br /> ii. Ordinance Approving the UDO Text Amendments (Attachment 5). <br />
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