A. Generally. Subject to the provisions of this Section, the City Planner is authorized to approve minor changes or modifications to Conceptual, Preliminary, and Final Development Plans for a PUD if the proposed changes will not result in substantial deviation from the original plan, as set out in Subsection C, Minor Amendment Determination Criteria, below.
B. PUD Plans and Permitting.
1. Permits may not be issued for any improvements that would result in a major deviation from a Development Plan for a PUD, as set out in Section 11-9-12, Major PUD Amendments.
2. A Zoning Clearance Permit and building permit may be issued for minor deviations from a Development Plan for a PUD if:
a. The Minor Amendment is approved by the City Planner, subject to TAC review; and
b. Is consistent with Subsection C, Minor Amendment Determination Criteria.
C. Minor Amendment Determination Criteria.
1. Determination of Major Amendments. In reaching a determination as to whether a change is minor and may be approved by the City Planner or is a major modification requiring Planning Commission review and recommendation and City Council approval, the following criteria shall be used:
a. Any increase in intensity of use is a major amendment;
b. Any increase in total usable floor area, the total number of dwelling or lodging units, or the amount of outdoor area devoted to a use is a major amendment;
c. Any change that necessitates an increase of 10 percent or more in the number of parking spaces required is a major amendment;
d. Any structural alteration that significantly affects the basic size, form, style, and location of a building, particularly in relation to sensitive uses, is a major amendment;
e. Any reduction in the amount of open space or buffer yard, or any change in the location or characteristics of open space, is a major amendment; and
f. Any change in use from one use group to another is a major amendment.
Changes in the density and intensity of the development shall be determined based on the entire PUD, and not only a portion of the PUD, unless the portion where a change is proposed borders on a sensitive land use or deviates from the purpose of the original PUD.
2. Determination of Minor Amendments. Minor amendments must demonstrate that:
a. Development density or intensity will not materially change, in that:
(1) The number of buildings is not increased by more than 10 percent;
(2) The height of the buildings is the same or less; and
(3) The number of residential dwelling units is the same or fewer.
Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area is not changed and the above conditions are met.
b. Design will not materially change if:
(1) Recreational facilities are added or are converted from one recreational use to another;
(2) The materials and architectural expressions for building elevations are substantially similar to those shown on the approved plans;
(3) Contemplated building footprints or envelopes are modified but the buildings are not located any closer to protected uses or exterior property lines than as shown on the approved plans;
(4) The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as shown on the approved plans;
(5) The open space is in the same general location, is the same or greater amount, and is configured in a manner that does not diminish a previously intended buffer;
(6) Building setbacks are the same, or a greater distance from perimeter property lines, except that those for lot line homes, townhomes, and cluster development may be decreased due to the nature of such development, provided that all building code requirements are satisfied;
(7) Parking areas are in the same general location and configuration as shown on the approved plans; and
(8) The roadway patterns, including ingress-egress points, are in the same general location and are no closer to the rear or interior side property lines than as shown on the approved plans.
c. The proposed changes will not have the effect of creating any noncompliance or nonconformity with the strict application of this Title that was not previously approved at a public hearing, or of expanding the scope of existing variances, minor modifications, or other approvals, such that they would differ to a greater degree from the strict application of this Title.
D. Administrative Approval Criteria. Subsequent to approval of a site plan, Minor PUD Amendments may only be authorized by the City Planner if a minor change will not cause any of the following circumstances to occur:
1. A change in the character of the development;
2. A change in the scale or impact of the existing use;
3. An increase in the residential density of the proposed development;
4. An increase in the gross floor area of nonresidential uses by more than five percent;
5. A reduction in the originally approved separations between buildings;
6. An increase in the external negative effects on adjacent property;
7. A reduction in the originally approved setbacks from property lines unless conditions have changed on adjoining properties to warrant a reduction, such as a change in zoning or land use;
8. An increase in the demand for services that the City or utility provider cannot provide;
9. An increase of more than five percent in ground coverage by structures;
10. Locations of open spaces, provided that the percentage of common open space and/or landscaped area is not diminished or open space or buffering around sensitive uses is not diminished; or
11. A change in the size, lighting or orientation of signs in relation to sensitive uses.
E. City Planner Evaluation.
1. The City Planner, in reviewing a proposed Amendment, shall:
a. Compare the proposed amendment to the original approval;
b. Determine if any other amendments have been approved since the original approval;
c. Consider the cumulative impact of any previously approved and proposed amendments; and
d. Determine if a proposed Amendment is Minor or Major, as set out in this Section.
2. Administrative approval or denial of a proposed Minor PUD Amendment shall be documented in a report for the official project file with adequate details to explain why the request was approved or denied and the rationale for the decision.
3. Any other proposed changes shall be treated as a new application, shall follow all procedures in this Subsection, and shall include evaluation of the cumulative impact with previous amendments that may have been approved.
F. Procedures. Applications for a Minor Amendment to a Development Plan for a PUD may be subject to TAC review and are processed in accordance with all procedures for Administrative Site Plan reviews. Minor Amendments that are approved shall be clearly notated in the official project file as to the nature of the amendment and the date of approval. The overall Development Plan governing the PUD shall be amended to show the amendment and shall clearly notate the changes that were approved.
G. Decisions.
1. The City Planner shall approve, approve with conditions, or deny applications for Minor PUD Amendments.
2. The City Planner, upon determining that a proposed amendment is a Major Amendment, shall reject the application.
3. The decision of the City Planner determining that the proposed amendment is “Major” may be appealed to the Planning Commission. Upon appeal, the Commission shall evaluate the request based on all of the requirements set out in this Section.
H. Construction Adjustments.
1. During the construction of an approved PUD, the City Planner and TAC are authorized to grant adjustments in the location of a principal or accessory building to any position within a construction site envelope consistent with the specified minimum distance between buildings when such adjustments are necessary in light of technical or engineering considerations first discovered during construction.
2. Such adjustments shall be subject to the following limitations:
a. Parking and loading areas, access aisles, driveways, sidewalks, walkways and pathways, signs, landscaping, and fences and screening may be adjusted, as necessary, to accommodate changes in building location within the construction site envelope;
b. Curb cuts and street intersections along public rights-of-way serving the Planned Development shall not be adjusted, except as approved by the TAC;
c. The plan for the treatment of the perimeter of the Planned Development shall not be adjusted as to the type or quality of buffer yard elements; and
d. Surface drainage leaving the site shall not be altered, except as approved by the TAC. (Ord. 746, 11-14-2017)