Requests to modify an approved Final PUD plan, when such requested modification does not involve a change of permitted uses for the specific PUD, may be approved by adm inistrative action. Requests to modify shall be in writing and signed by the property owner. The Zoning Administrator shall determine the type and amount of any additional information necessary for consideration of the modification. Modifications shall be considered major, minor or incidental, and shall be approved or disapproved by administrative action in accordance with divisions (a), (b) and (c) of this section. Requests to modify an approved Final PUD plan which involve a change of PUD permitted uses shall be considered a modification to PUD permitted uses and shall comply with Section 1140.15.
(a) Major Modifications. Major modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in:
(1) An increase of five percent (5%) or more in building coverage;
(2) A five percent (5%) or greater increase in dwelling unit density;
(3) A significant redesign of roadways, or drainage;
(4) An increase of greater than five feet in the height of a building or structure;
(5) Major redesign of a building which significantly alters the central architectural design or theme of the building; or
(6) Modifications not considered being of minor or incidental character.
Major modifications to an approved Final PUD plan require resubmission of a Final PUD plan application in accordance with Section. At its discretion and in lieu of compliance with Section, the Planning Commission may require the applicant to either submit a modified application or submit supplementary materials to accompany the original Final PUD plan application materials. In all cases major modifications to approved Final PUD plans shall be subject to review and approval procedures in accordance with Sections 1140.08 through 1140.11.
The Plan shall, by Resolution, recommend approving or disapproving major modifications to approved Final PUD plans. Such approval shall be based on a Commission determination that the modifications are not in conflict with the intent and character of the approved Final PUD plan and such modifications do not change the permitted uses for the specific PUD.
(b) Minor Modifications. Minor modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in:
(1) An increase of less than five percent (5%) in building coverage;
(2) An increase of less than five percent (5%) in dwelling unit density;
(3) Changes not exceeding twenty-five feet in building location which do not affect front yard setbacks from streets or setbacks from exterior property lines of the PUD;
(4) An increase of more than two feet but less than five feet in the height of a building or structure;
(5) Minor redesign of a building such as significant alterations to exterior materials or colors, provided the redesign does not significantly alter the central architectural design or theme of the building; or
(6) Changes not considered being of major or incidental modification character.
The Planning Commission shall, by motion, approve or disapprove minor modifications to approved Final PUD plans. Such approval shall be based on a Commission determination that the modifications are not in conflict with the intent and character of the approved Final PUD plan and such modifications do not change the permitted uses for the specific PUD plan. Minor modifications do not require a public hearing and Planning Commission's decision shall be final.
(c) Incidental Modifications. Incidental modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in:
(1) Less building coverage due to decreasing the size of structures;
(2) A decrease in the number of structures;
(3) A decrease in the number of dwelling units in an R-PUD;
(4) Minor redesign of PUD streets, such as adjustments in a turning radius;
(5) Minor redesign, such as realignment, of pedestrian circulation facilities or parking or loading areas;
(6) Changes in landscaping or screening materials that do not alter the intended function of the landscaping or screening;
(7) An increase of two feet or less in the height of a building or structure;
(8) Minor revisions of building elevations such as realignment of major building entrances or window placement, or significant alterations to exterior building materials or colors, provided the revisions do not alter the central design or architectural theme of a building; or
(9) Changes not considered being of minor or major modification character.
The Zoning Administrator shall approve or disapprove incidental modifications to approved Final PUD plans. Such approval shall be based on the Administrator's determination that the modifications are not in conflict with the intent and character of the approved Final PUD plan and such modifications do not change the permitted uses for the specific PUD. In the alternative and at the discretion of the Zoning Administrator, the Administrator may request that an incidental modification application be approved by the Planning Commission.
(Ord. 12-19. Passed 7-1-19.)