§ 38-1207. Alterations to the land use plan and development plans.

(a)

Alterations to the approved land use plan or development plan shall be classified as either substantial or nonsubstantial amendments. The following criteria shall be used to identify a substantial amendment:

(1)

A change which would include a land use not previously permitted under the approved P-D zoning.

(2)

A change which would alter a land use type adjacent to a property boundary, except when it is (i) a reduction in the density or (ii) a reduction of intensity of approved residential development, unless the reduction locates the residential use adjacent to an incompatible land use.

(Ord. No. 95-28, § 1, 9-12-95)

(3)

A change which would require an amendment to the board of county commissioners' conditions of approval.

(4)

A change which would increase the land use intensity within any development phase without a corresponding decrease in some other portion of the overall P-D.

(5)

An amendment to the phasing which would propose a land use in advance of the development it was designed to support.

(6)

Any proposed change in the type, location or size (except reduction in the number of units) of a multi-family land use or student housing land use in the PD.

(b)

The determination of a substantial or nonsubstantial alteration shall be made jointly by the planning and zoning managers. Either or both managers may opt to direct that the determination be made instead by the Development Review Committee (DRC).

(c)

Where the developer proposes to reduce the number of units or floor area in one (1) phase of the project, a corresponding increase in the number of units of floor area in another phase may be considered, if other conditions of approval are not adversely affected, nor any other change is proposed which would be considered a substantial change as described above.

(d)

Alterations to the land use plan determined to be substantial must submit plans and support data (following the land use plan requirements) for review by the DRC and then a public hearing for final action by the board of county commissioners.

(e)

All nonsubstantial alterations must be submitted (including plans and support data) and approved jointly by the planning director, zoning director and county engineer, and confirmed by the board of county commissioners.

(f)

When partial amendments are requested to the land use plan, the overall project shall be evaluated in conjunction with the proposed amendment, to determine its compatibility with the remaining portion of the P-D. Amendments which the development review committee considers to be incompatible or conflict with the proposed plans or conditions of approval, will be required to update the land use plan or may be subject to an administrative rezoning public hearing.

(P & Z Res., art. XXIX, § 7; Ord. No. 94-4, § 4, 2-8-94)