Type 1 Amendments involve significant changes to the Town’s General Plan. They include changes on parcels to different land use types that have the most impact. Such amendments may include changes from residential to commercial use or decreases in open space.

Type 1 Amendments are defined as Major General Plan Amendments in state law and involve a substantial alteration of the Town’s land use mixture or balance. As defined by the Zoning Code, Type 1 Amendments require more extensive neighborhood meetings, public hearings, and a higher level of concurrence by the Town Council for approval.

A Type 1 Amendment shall be required for any of the following substantial alterations to the General Plan:

1. Any text changes to a goal, policy, or action that alter the intent or purpose of any element, goal, policy, or action of the General Plan.
2. Any change to the Land Use Plan as follows:

1. Affecting 40 acres or more and classified as a Type 1 Amendment on the General Plan Amendment Matrix below. The General Plan Amendment Matrix below includes all land use amendment scenarios and specifies the type of amendment required. Generally, a Type 1 Amendment is required when a request involves 40 acres or more and a two-step increase in land use categories. For example, a 50-acre property proposed for amendment from Low Density 1 to Medium Density would require a Type 1 Amendment.
2. Increasing the amount of High-Density Residential, regardless of acreage.
3. Increasing the amount of Master Planned Community, regardless of acreage.
4. Decreasing Local Commercial Activity Center, Community/Regional Commercial, or Commerce Office Park land use designations, regardless of acreage.
5. Increasing the amount of residential to more than 50% of an area designated Local Commercial Activity Center, regardless of acreage.
6. Decreasing the amount of designated Open Space, regardless of acreage.
7. Planning Area Boundary changes.
8. Amendments for properties outside the Urban Services Boundary.

General Plan Amendment Matrix - The matrix is to be used in determining the type of amendment, in conjunction with 2.a. above.

Community Engagement Process

All Type 1 Amendments must be presented to the Town Council at a public hearing within twelve (12) months of when the proposal is made. Type 1 Amendments may only be approved through a two-thirds majority vote.

As these amendments have the potential for greater impact on the surrounding area and the community as a whole, the Zoning Code establishes an enhanced community engagement process to increase awareness and information regarding this type of amendment, as described below:

Neighborhood meetings conducted during the process Enhanced public notice requirements that exceed the state’s legal requirements Notice to adjacent communities, regional planning groups, and state agencies for comment Enhanced public hearing requirements

Amendment Criteria

The amendment evaluation criteria provide a tool for the Town to judge the merits of a specific amendment request. The criteria identify broad themes from the General Plan that an amendment should address, as well as specific development-related issues that will be evaluated by the Town in relation to the amendment request.

The intent of these criteria is to gather information that forms the basis for Town decision-making on amendment requests. The criteria are purposely written using broad language to enable review of applications based on the full breadth of General Plan topics. The ultimate decision regarding compliance with the criteria will be made by the Town Council. Mitigation may be incorporated as needed through special area policies by the Town Council or addressed in subsequent zoning and development processes.

It shall be the responsibility of the applicant to demonstrate that the benefits of the proposed amendment significantly outweigh any potential impacts on the community by meeting all the following criteria:

1. The amendment benefits the community by meeting the direction provided by the vision, guiding principles, goals and policies.

2. The amendment shall not adversely impact:
   1. Existing development character, land use, and traffic patterns without providing adequate and appropriate buffers and graduated transitions in density and land use.
   2. Infrastructure demands on existing uses without implementing improvements to accommodate planned growth.
   3. Public services, including police, fire, parks, and water, without addressing anticipated impacts.
   4. Natural beauty and environmental resources without suitable mitigation
   5. Historical or cultural resources without a suitable treatment plan

3. The applicant has identified long-term economic benefits and costs to Town infrastructure, services and facilities.

4. The applicant has implemented effective public outreach efforts to identify neighborhood concerns and has responded by incorporating measures to avoid or minimize development impacts to the extent reasonably possible, as well as to mitigate unavoidable adverse impacts.