(a) A PD shall be constructed and completed in accordance with the approved PD final development plan and all supporting data. The PD final development plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assignees, and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the planned development as set forth therein.
(c) Any request to change or otherwise modify the approved PD preliminary or final development plan as it applies to more than one property owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this subsection.
(1) Major change.
A. Major changes to a PD generally require the prior approval of the Planning Commission and the City Council. The Zoning Administrator shall have the authority to determine if a proposed change is a major change. Such changes include, but are not limited to:
i. Expansion of the PD project beyond the original tract coverage;
ii. Changes to the list of permitted uses or the areas designated for certain land uses unless the Zoning Administrator finds that such change is to a similar use, in which case it may be approved by the Planning Commission;
iii. Removal or subtraction of land from the original tract coverage; and
iv. Proposed changes that will result in an increase in residential density or an aggregate increase of more than 10 percent in nonresidential square footage.
B. Changes that require the approval of only the Planning Commission include, but are not limited to, the following:
i. Changes in the site plan relative to the size and arrangement of buildings, the layout of streets or circulation patterns, the size, configuration and location of common open space, and changes in any approved elements of the PD; and
ii. Amendments to the conditions that were attached to the original PD approval.
(2) Minor changes.
A. Minor changes are those proposed by the developer/owner that do not disturb or affect the basic design and approved concept plan of the PD and which are essentially technical in nature, as determined by the Zoning Administrator.
B. Examples of minor changes include, but are not limited to, changes in the intensity of lighting, changes in the size and location of water and sewer lines within approved easements, minor changes to lot lines that do not adjust the overall density or number of lots, substitution of landscaping materials, and changes in the location and number of fire hydrants.
C. The Zoning Administrator shall notify the Planning Commission of all such approved minor changes.
(Ord. 2018-009. Passed 5-7-18.)