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EAR-BASED EAR-BASED AMENDMENT AMENDMENT FORUM FORUM

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Page 1: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

EAR-BASED EAR-BASED AMENDMENAMENDMEN

T FORUMT FORUM

Page 2: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 2

PROCESS AND PROCESS AND PROCEDURESPROCEDURES

From Preparation of an Amendment

to a Finding of “In Compliance”

Page 3: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 3

Finding your way through

the laws, rules, and

procedures may leave you feeling

lost.

Page 4: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 4

STEP-BY-STEPSTEP-BY-STEPPreparing the amendmentWorkshops for citizen inputHearings for transmittal to

DCARequest PPC action regarding

Future Land UseDCA review – ORC reportRevisions to the amendmentHearings to adopt the

amendmentDCA review for compliance

Page 5: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 5

Start with a work program & timeline

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

On time!

Data

Report

Task

Workshop

Line 5

Line 6

Line 7

Line 8

Page 6: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 6

DRAFTAMENDMENT

DATA & ANALYSIS

WORKSHOP ON FINDINGS

MORE DATA & ANALYSIS

WORKSHOPS

More complex amendments need more

workshops during the development

step

Page 7: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 7

The proposed amendment

“Proposed” until it is adopted and found in compliance by DCA

Procedures for transmitting the proposed amendmentLPA public hearingGoverning body public hearing

Page 8: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 8

The process may seem confusing

and may be overwhelmin

g to those who seldom amend their

plans.

Page 9: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 9

Page 10: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 10

Transmittal hearingsDraft amendment may be revised

after workshopsResult is the “proposed”

amendment to be transmitted to DCA

Authorizes request to PPC for amendment of countywide plan

May be 1st reading of the adoption ordinance

PROPOSEDAMENDMENT

PROPOSEDAMENDMENT

Page 11: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 11

ELECTED BODY PUBLIC HEARING

NOTICE

LPA PUBLIC HEARING

NOTICE

Page 12: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 12

Action by PPC

Local government determines if amendment of countywide Future Land Use Plan is required

Local government requests PPC consideration and action on proposed plan amendment affecting future land use

Page 13: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 13

Review by DCA

COMPLETEPROPOSED

AMENDMENT

COMPLETEPROPOSED

AMENDMENTREVIEW

BY AGENCIES

Objections, Recommendatio

ns, and Comments

ORCREPORT

ORCREPORT

Page 14: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 14

Responding to the ORC report

Up to 120 days to adopt the proposed amendmentPrepare revisions to address

objections and recommendationsConsider commentsHold additional workshops,

if desiredMeet with DCA to discuss ORC

Page 15: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 15

(REVISED)PLAN

AMENDMENT

(REVISED)PLAN

AMENDMENT

ORC REPORT

ORC REPORT

Page 16: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 16

Page 17: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 17

Adoption hearings

Present to LPA, if desiredAdoption by the elected

bodyProvide noticeAdopt by ordinance2nd reading – if 1st reading at

transmittal – otherwise two readings

Transmit the adopted amendment to DCA for compliance review

Page 18: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 18

ONE OR TWO HEARINGSELECTED BODY

NOTICE

OPTIONALADDITIONAL LPA MEETING

Page 19: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 19

Compliance review by DCA

Advise DCA if amendment is revised

DCA determines if amendment is “in compliance”

DCA issues a “notice of intent” as to compliance finding

Page 20: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 20

NEXT STEPSNEXT STEPS

Other procedural issues “Not in compliance” Compliance agreements Challenges of the compliance

finding Administrative hearings

Additional training Thursday, September 14 Two classes on procedures

and legal issues

Page 21: EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September 2006 21

QUESTIONSQUESTIONS

&&

ANSWERSANSWERS