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() 17 MEMORANDUM COO bib 0 cnRQti cy4RTEHED 181► TO: Lee County Board of Commissioners John Crumpton, County Manager FROM: Marshall Downey, Assistant Director of Planning and Development DATE: January 6, 2014 REF: Recommendation from Planning Board regarding an amendment to Articles Two and Three of the Unified Development Ordinance The Commissioners will recall that a public hearing was held regarding a proposed text amendment to Articles Two and Three regarding changes to boards of adjustment. The Legislature updated the procedures that govern boards of adjustment/quasi-judicial hearings (mainly in an attempt to "modernize" the long - standing rules). As a matter of review, a summary of the changes is provided below. The change in Article 2 (Sections 2.2.6 and 2.2.7) is simply an update to reflect new language regarding conflicts of interest as well as an update to references to Article 3. Note, the language is very similar to previous language, just updated to reflect more contemporary legal terms /procedures. Section 3.1.5.3 includes a large amount of new language to reflect how the deciding board conducts meetings, how it makes decisions, and how an appeal is made from the decision of the board as well as how notice is given of the hearing(s). Again, the language is very similar to previous language, just updated to reflect more contemporary legal terms /procedures. Section 3.5.3.5 and 3.5.3.6 are updates to procedures for applications for Special Use Permits (SUPs). SUPS are reviewed and approved by the board of adjustment under the quasi-judicial process. SL 2013 -126 actually lessened the requirement for approval of an SUP as it now only requires a simple majority of the board of adjustment. Previously, an SUP required a 4 /5 majority (80 %) vote to pass. This is one of the biggest changes under the new law that affects local boards and their review and approval process. A variance is also subject to approval by the board of adjustment and the related quasi-judicial hearing procedures. Section 3.7 of the UDO addressed variances. Standards for approval of a variance were particularly targeted for update under this new law and as such the new criteria language is set forth in 3.7.4.1. Section 3.7.4.3 is of note in that the new law still requires