1411 Amendments to an Approved PUD Final Development Plan

All amendments to an approved PUD Development Plan shall be reviewed and processed in accordance with Section 1401, except for Minor Amendments decided administratively by the Administrator pursuant to this Section. 1) Amendments to an approved PUD Development Plan shall be administered as follows: 2) Minor Amendments Minor amendments to a PUD final development plan are: a) Size increases to signage approved as part of the PUD (Changes that do not result in an increase in signage or changes to signage not included in the final development plan do not require an amendment. All changes to signage require a sign permit.); b) Landscape changes; c) Parking lot configuration changes (not change in number of spaces); d) Less than a ten (10) percent change in floor area in any one (1) structure; e) Less than a ten (10) percent change in the approved separation of buildings; f) Less than five (5) percent change in the ground area covered by the project; g) Less than a five (5) percent change in the number of residential units; or h) Less than a five (5) percent change in the number of parking spaces. 3) Major Amendments Major amendments shall be subject to review and recommendation by the Planning Commission and final action by the Town Council in accordance with Section 1401. Major amendments to a PUD final development plan are: a) Any decrease in the amount of approved open space; b) More than a ten (10) percent change in floor area in any one (1) structure; c) More than a ten (10) percent change in the approved separation of buildings; d) Any change in the original approved setbacks from property lines; e) More than five (5) percent change in the ground area covered by the project; f) More than five (5) percent change in the number of parking spaces; or g) The introduction of new uses not included in the FDP approval. 4) Review of minor amendments Proposed minor amendments (as specified in Sub-section 2 above) to a PUD Development Plan shall be reviewed and decided by the Administrator. Decisions of the Administrator may be appealed to the Town Council. The Administrator may determine that a proposed 'minor' amendment is in fact a 'major' amendment and may refer such proposed amendments to the Planning Commission and Council according to the procedure established in Subsection. 5, below. Application fees for a minor amendment to a PUD Development Plan are set forth in the Planning and Zoning section of the Town Website (www.dutchjohn.org). 5) Review of major amendments Any major amendment to a PUD development Plan shall be considered by the Planning Commission at a public hearing. The recommendation of the Planning Commission shall be considered by the Town Council. Any major amendment shall require a majority vote of the Council. 6) Determining if the Underlying PUD District Must Be Rezoned Proposed amendments to a PUD Development Plan that would substantially change the use of the proposed development from one (1) zoning classification to another will require that the parcel in question be rezoned to the appropriate ZONE district. Procedural requirements for a rezoning are set forth in Chapter 4 of this code.