Determination of a major or minor modifications shall be made by the Planning Director. Minor modifications may be made to the location, siting and height of the 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.

The following shall never be considered a minor modification:

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 neccessary, and must only be granted upon a finding that the strict application of the Planned Development District: a) will result in practical difficulties or unecessary 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.