(A) Approved Development Plans or Plats
(1) The Planning Director may approve the following minor modifications to plans or plats approved either through an administrative or quasi-judicial process, provided that those changes meet the requirements of this Ordinance:
(a) Approved Development Plans
Changes to an approved development plan to allow:
1. The addition of mechanical or other incidental equipment outside of an existing structure provided that this addition does not exceed one percent (1%) of the existing building square footage or improved floor area;
2. Alteration to building elevations;
3. Changes to the amount or layout of parking; or
4. Minor field alterations to accommodate physical site conditions, including the relocation of buildings and the relocation or substitution of landscape material.
(b) Approved Subdivision Plats
Changes to an approved subdivision plat to allow:
1. Combination or recombination of existing platted lots so that the total number of lots is not increased and the amended plat represents the same general lot relationships as shown in the plat prior to amendment;
2. Changes to a plat that are the result of minor field alterations to accommodate physical site conditions involving interior features of the site design, including relocation of easements, utilities and infrastructure, which represents the same general lot and easement relationships, topography, landscaping, and minimum utility standards; or
3. Modification of any of the design standards or improvement requirements set forth in Section 8.1 where necessary to make the approved subdivision plat conform to any Mixed-Use Preliminary Development Plan, Planned Development District master land use plan, or concept plan submitted as part of a conditional zoning that the Town Council has approved for a property.
(2) Exceptions
Any other proposed change to an approved plan or plat not listed above shall be accomplished in the same manner as the original approval. In no circumstance shall a modification be granted under this section that results in:
(a) A change in overall project density by more than five (5) percent;
(b) A change in permitted uses or mix of uses;
(c) An increase in building height beyond twenty (20) percent of the structure's original height; or
(d) A change in a zoning condition.
(3) Approval Criteria; Procedure
The Planning Director may approve a minor modification under this section if all of the relevant criteria below have been met. If approved, the Planning Director shall note the terms of the approved modification directly on the amended plan and affix his or her signature and the date of approval.
(a) All changes shall conform to the minimum required standards for the zoning district in which the property is located;
(b) All additions, alterations, and expansions shall be compatible with existing or approved lots, easements, infrastructure, existing or approved structures, and parking areas;
(c) Any additional required landscaping shall be comparable to the approved plan and shall follow Town specifications and guidelines;
(d) The effect of the landscaping, buffers, or screening on the site, or on the approved development plan shall not be diminished;
(e) The number of access points to public streets shall not be increased or substantially relocated;
(f) The circulation pattern shall continue to provide for the safe, controlled, and orderly flow of pedestrians and vehicles;
(g) The change will result in better or equal performance of the overall objectives of the approved development plan and specific zoning district classification;
(h) The change does not otherwise violate any provision of this Ordinance, the Town Code, or other applicable laws; and
(i) The use and development of the property is otherwise in full compliance with the requirements of this Ordinance.
(B) Approved PDD, MXD, or Conditional Use Zoning Districts
(1) Applicability
(a) The Planning Director may approve the following changes to PDD master plans and conditions, MXD preliminary development plans and conditions, or conditional use district concept plans or conditions using the approval criteria of Section 3.19.2(A)(3):
1. Relocation of a road or intersection;
2. Minor field alterations to accommodate physical site conditions involving interior features of the site design, including relocation of the buildings or uses shown on an approved master plan, PDP, or concept plan, which represents the same general building relationships, topography, landscaping, and minimum utility standards; and
3. A reduction of intensity of use necessary to meet minimum development standards of the LDO.
(b) In some cases, the ability to implement or strictly follow zoning conditions can be problematic (i.e. conditions requiring specimen trees to be preserved, but the trees have subsequently died due to natural causes following the approval). In such cases, the Planning Director shall implement the condition in a way that most closely meets its original intent. These situations include, but are not limited to:
1. Undisturbed buffers/streetscapes which may be beyond the applicant’s ability to implement due to road widenings, utility relocation, driveways and/or clear sight distance areas;
2. Specimen or champion trees required to be preserved, but which have been removed due to natural consequences or infrastructure relocation.
The Director may decide to permit re-vegetation when such conditions exist depending upon the extent of the disturbance, the size and quality of the existing vegetation remaining, and the long term viability/benefit of retaining the existing vegetation versus re-forestation.
(2) Any other proposed change not listed above shall be accomplished in the same manner as the original zoning approval. In no circumstance shall a modification be granted under this section that results in:
(a) A change in overall project density;
(b) A change in permitted uses or mix of uses;
(c) An increase in building height beyond twenty (20) percent of the structure's original height;
(d) A reduction in buffer width or buffer standards adjacent to residential development;
(e) A change to the overall concept of the plan; or
(f) A change in any other zoning condition.