Modifications to an approved PUD final development plan may be considered to be minor modifications, significant modifications, or major modifications.
(A) Minor modifications. The Community Development Director or other authorized official may authorize minor modifications to a PUD final development site plan. Minor modifications shall be the minimum necessary to overcome a particular difficulty or to achieve a more functional and desirable use of the property than was initially anticipated. These modifications have become necessary because of field conditions, detailed engineering data, topography or critical design criteria. Minor modifications may include adjusting the size and location of drainage ways, sewers, circulation elements, retaining walls, or similar features and to substitute, without reducing, landscape materials. Minor modifications may also include structural dimensional changes provided they do not increase building heights by more than ten feet, floor area by more than 5%, decrease the number of parking spaces by more than 10%, or allow buildings closer to the property lines. No minor modification shall result in a violation of any subdivision or zoning requirement or any variance from these requirements granted by a condition of the PUD approval. The Community Development Director or other authorized official may deem any request for a minor modification to be a significant modification and refer the request to the Planning Commission for determination under the provisions set forth below.
(B) Significant modifications. The Planning Commission may authorize modifications to the PUD final development plan provided that the modifications are consistent with the approved PUD and general development plan approved by Council. The applicant shall submit significant modifications for Planning Commission consideration pursuant to the procedures for final development plan approval outlined in this chapter. If the Planning Commission determines that the proposed modification is not consistent with the approved PUD and general development plan, they will deny the modification and direct the applicant to submit a revised general development plan to Council.
(C) Major modification. Council may approve major modifications to a previously approved PUD application and general development plan. Any modification that does not meet the standards for a minor or significant modification shall be considered a major modification and require approval by Council according to the procedures outlined herein for initial approval of a general development plan.
(Ord. 4-2005, passed 3-23-05)