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As structured, Section 1 of the proposed ordinance adds to the list of PZC roles, responsibilities, and authority a statement that the PZC "...shall have and exercise the powers of the board of adjustment, in accordance with Section 902.08 and 902.09". Those referenced sections pertain to variance granting authority, criteria, and procedures; no changes are proposed to existing variance criteria or procedures. Proposed ordinance Section 2 adds an item to the section on BOA responsibilities and authority, stating that the PZC "...shall act as the board of adjustment...". That change assigns the role of the BOA to the PZC. Finally, Section 3 of the proposed ordinance adds a clarifying statement that BOA decisions (that is, decisions made by the PZC acting as the BOA) may be appealed to the BCC. That change makes it clear that variance decisions may be appealed to the BCC. That provision is consistent with past interpretation of the existing variance rules where, in a rare instance (one in the last 25 years), an applicant asserted a right to appeal a variance denial to the BCC. The proposed appeal provision is also consistent with the existing Chapter 902 provision that any PZC decision may be appealed to the BCC by a party with standing. In addition to the proposed LDR amendment, a resolution has been prepared by the County Attorney for the BCC's consideration (see attachment #8). That resolution, if adopted, will dissolve the BOA whose duties will be assumed by the PZC if the proposed ordinance is adopted. • Granting PZC Authority to Approve Minor PD Setback Modifications The PD process has been in place in Indian River County for 30 years and has been used extensively for numerous residential and commercial projects. Through the PD process, conventional development requirements such as building setbacks can be reduced, waived, or replaced with project -specific setbacks in return for project benefits and special design provisions. Project -specific setback and dimensional requirements are reflected on each project's approved conceptual PD plan. Over the years, many PD projects have been modified from originally approved project -specific setback requirements due to marketing changes or design changes sought by subsequent developers and/or lot owners. Under current Chapter 915 regulations, modifications to PDs require a formal application and review by staff. Changes to phasing and/or minor design changes consistent with the approved conceptual PD plan may be approved at the staff level or by the PZC, without a public hearing. Changes that would increase project density or intensity, reduce buffers or other compatibility measures, reduce conservation/preservation areas, or obtain waivers not previously granted (e.g. additional setback reductions), however, require the same approval process as the original PD application. That process requires a public hearing before the PZC and a public hearing before the BCC. The existing PD modifications review and approval process appropriately ensures public notice and BCC scrutiny for potentially major changes to approved PDs. Such major changes include project intensification, reduction in project conservation areas, and reductions in compatibility measures. With respect to modifications involving setback reductions, such changes may affect project compatibility if reductions affect project perimeters adjacent to surrounding properties located outside the project. If such changes are minor in nature and internal to the project, however, and are supported by the project's property owners association or architectural review board, then compatibility outside of and within the project is less of a concern. Last fall's Marsh Island PD setback modification request is an example of such a minor setback change that posed no compatibility concerns for properties outside of and within Marsh Island. F:\Commwdly Doelopmcm\CurDm\BCC@0 15 BCC1902(BOA)and915(PDplans).doc 3 69