A.

Amendment to PD Plan and/or Zoning Regulations. Applications for Amendments to a PD Plan and/or PD Zoning Regulations must be initiated by 100% of the property owners of the area subject to the amendment.

B.

Minor vs. Major PD or Zoning Regulation Amendment. If one or more of the following criteria apply to the proposed amendment, it shall be processed as a major amendment:

1.

Introduces new land uses;

2.

Changes area devoted to any use by more than 10%;

3.

Changes density or intensity of uses by more than 10%;

4.

Constitutes a significant change in the design; or

5.

Creates new or additional impacts on adjacent properties.

C.

Applying the provisions of this Chapter, the Manager shall determine whether an application for an amendment to an approved PD Plan and/or PD Zoning Regulations is considered a major or minor administrative amendment. Such amendments which are not classified as major shall be processed as a minor administrative amendment pursuant to Section 17.36.030, and shall not require Town Council approval.

(Ord. No. 2019-028, § 3, 9-17-2019)

Major amendments shall be processed and acted upon in the same manner as an initial PD Plan under this Title. Town Council action shall be taken following a recommendation by the Planning Commission and shall be based on the same criteria as a new PD Plan (see Section 17.34.030).

(Ord. No. 2019-028, § 3, 9-17-2019)

A.

An application for a minor amendment to an approved PD Plan and/or PD Zoning Regulations shall be approved, approved with conditions, or denied by the Manager. The criteria governing administrative action on a minor amendment shall be based on the same criteria as a new PD Plan (see Section 17.34.030).

B.

A copy of the minor amendment approval letter shall be provided to each member of the Planning Commission and Town Council.

C.

If denied, or if the applicant does not accept the conditional approval, the applicant may appeal such determination in the same manner as set forth in Section 17.04.110.

(Ord. No. 2019-028, § 3, 9-17-2019)

A.

Upon approval by the Town Council, the applicant shall have 180-days to submit to the Town the approved PD Plan amendment in a format appropriate for recording, including all required signatures and recordation fees. Any other documents approved in conjunction with the PD Plan amendment that must be recorded, shall be recorded simultaneously.

B.

The applicant may apply to the Manager for a single 180-day extension of the recordation period any time prior to the end of the 180-day time period. The extension application shall be on a form approved by the Manager and shall be accompanied by the renewal fee. The extension shall be granted automatically to any applicant who submits a timely and complete application along with the full renewal fee.

C.

After the 180-day or extended time period, the approval of the PD Plan amendment shall lapse and be of no further force or effect.

(Ord. No. 2019-028, § 3, 9-17-2019)