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G)2 x � couN 5p�F0 M EMORANDUM o tt CARC~S� 'I''RrERED'eI� TO: The Lee County Board of Commissioners The Lee County Planning Board John Crumpton, Lee County Manager FROM: Marshall Downey, Assistant Director of Planning and Development DATE: October 18, 2010 REF: Public Hearing regarding several corrective amendments to the Unified Development Ordinance (UDO) As the Board of Commissioners and the Planning Boards members are aware, staff administers the UDO on a daily basis. As such, we are constantly monitoring the land use codes to ensure that most effective and efficient policies are in place. As you also aware, we occasionally bring forward proposed changes to the UDO as a result of what staff recognizes as items or language that need to be "cleaned up ". We have five such corrective amendments for your consideration. Amendment 1 — Sect 3.2.3.3 and 3.2.3.4 — These sections are widely used by staff as they establish the rules by which a tenant or property owner must comply with UDO development standards when they are either doing an addition/expansion (Sect. 3.2.3.3) or just a change of use (Sect. 3.2.3.4). Section 3.2.3.3 sets forth the rules for additions or expansions to existing developments. In doing so, the UDO has three different categories: low impact, moderate impact and substantial additions /expansion. Low impact projects are those of less than 25% total expansion and require minimal UDO standards. Moderate impact are those of between 25 -50% total expansion area and thus require greater compliance with the UDO. Lastly, substantial additions are those over 50% expansion and essentially require compliance with all UDO standards. Section 3.2.3.4 sets forth rules for when an existing development wants to be used for another use of land or more commonly called a "change of use ". This set of guidelines is what staff uses the most often as it regulates when businesses change out and new uses are proposed. The UDO provides two categories for this minor and major changes of use. Minor changes of use are those where a change of land use has occurred, however, the change (a) does not trigger new parking or (b) triggers new parking but the amount is less than 10 spaces. A major change of use is one which triggers ten or more new parking spaces and results in greater compliance with the design standards of the UDO.