Amendments are considered when significant changes have occurred since the adoption and approval of the established entitlements that necessitates a proposed modification of standards. The purpose of a modification of standards proposal is to allow the consideration of a request to modify a Development standard of the Town's Ordinance whereby the modification will enhance the design of the development more so than if the standards were enforced, the conditions requested are unique to the design intent for the development (not applicable to other property), and do not disrupt the Town's Vision or adversely affect the health, safety, and welfare of the public.

Determination of the modification as to whether it is considered major or minor shall be made by the Planning Director. Minor modifications may be made to the location, siting and height of buildings and structures during the construction period, if necessary, due to unforeseen conditions at the time of approval of the Planned Development District, and after review and approval by the Planning Director. The Planning Director may decline to exercise this authority and require that the minor modification be submitted as an amendment to the Zoning Ordinance.

MINOR vs MAJOR MODIFICATION:

Modifications of the following shall never be considered minor:

1. Any change to the number of proposed residential units

2. Any change in use or activity type

3. Any additional structures

4. Any change that results in a variation of more than 3% of the floor area, in square feet, as set forth in the approved Planned Development

5. Any change that results in a variation of more than 3% of the total ground area coverage, in square feet, as set forth in the approved Planned Development.

6. Any modification to any facade of a building that faces a public street

7. Any modifications to easements

8. Any variation and/or elimination of 3% or more of the approved open space.

Any minor modification approved by the Planning Director must be held to the minimum modification necessary, and must only be granted upon a finding that the strict application of the Planned Development District: a) will result in practical difficulties or unnecessary hardship; b) extraordinary circumstances exist that do not generally apply to other sites in the area; c) the modification is not detrimental to the Planned Development District; d) the health, safety and/or welfare of the public is not adversely affected; and e)the modification maintains the intent of the adopted Planned Development District.

PROCEDURE for MAJOR MODIFICATION AMENDMENTS:

Step 1: Pre-Application Meeting

The applicant shall request a pre-application meeting with the Planning Director to evaluate the amendment proposal and allow the Planning Director to issue non-binding suggestions.

Step 2: Joint Work session- as determined by Planning Director

The applicant shall appear for a joint work session with the Planning Commission and the Board of Commissioners for any amendment proposal the Planning Director deems of significant impact. The work session shall occur prior to the application being submitted to the Planning Commission.

Step 3: Application Submittal

The applicant shall submit an application for a PD Amendment according to the submittal schedule for the Planning Commission.

Development plans submitted for amendments should include an explanation of the modification requested, an alternate standard to be considered, and written statement on a separate sheet containing the original entitlement, the change proposed and justification for the request. The plans provided should also be clouded for each separate change and noted accordingly.

Step 4: Planning Commission Regular Meeting - Recommendation

The Planning Commission will review the Amendment Application and provide a recommendation to the Board of Commissioners. It is recommended that Applicant is present to answer any questions the Planning Commission may have.

Step 5. Board of Commissioners

At first reading, the BOC shall schedule a public hearing. Approval at the second and final reading shall constitute a change in the zoning map and shall authorize the applicant to proceed with the filing of applications for Site Plans or Subdivision Plats. Simultaneous to the second reading of the Ordinance, the BOC shall consider a resolution adopting the concept development plan with specific entitlements for the Planned Development.