Section 6-314 Minor Modifications And Amendments To a PUD
6-314.A. Minor Modifications. Modifications to an approved final PUD may be approved by the Planning Director if such modifications are minor or are required by technical or engineering considerations which could not reasonably have been discovered prior to final approval. In determining whether a proposed change is a minor modification, the following guidelines shall apply:
6-314.A.1. Building or street locations may not be modified by more than two feet (2') in any direction;
6-314.A.2. Ground coverage for all proposed structures may not be increased by more than three percent (3%) and approved open space may not be reduced by more than three percent (3%);
6-314.A.3. Floor area for all proposed structures may not be increased by more than two percent (2%) and the number of dwelling units or bedrooms may not be increased by more than one percent (1%); and
6-314.A.4. There shall be no:
a. alteration of the basic intent, character, uses, and restrictions of the approved final PUD;
b. reduction of required parking; or
c. additional variations from the project’s approved dimensional limitations.
The Planning Director’s evaluation shall include a comparison of the proposed modification to the original approval and, if any other modifications have been approved since the original approval, the cumulative impact of all previous modifications granted. Upon approval of the PUD minor modification, the original PUD plat, plan and/or agreement shall be modified and recorded so as to be consistent the approval. Notice of the modified plat, plan and/or agreement shall be published in accordance with the provisions of Section 5-208.H of this Title.
6-314.B. Amendments. Any proposed change to a PUD not falling within the guidelines for a minor modification shall be considered an amendment and shall be reviewed pursuant to the terms and procedures for approval of a preliminary and final PUD Plan.
6-314.B.1. An amendment shall only be approved if the P&Z determines the proposed change is consistent with or enhances the PUD and meets all other standards of this Division.
6-314.B.2. When evaluating the amendment, the P&Z shall take into consideration its compatibility with current community conditions and current requirements of this Title and not necessarily those in effect at the time the original PUD plan was approved.
6-314.B.3. Upon approval of PUD amendment, the original PUD plat, plan and or agreement shall be amended and recorded so as to be consistent with the amendment.
6-314.B.4. If a PUD amendment seeks the conversion of a hotel into a condominium, and the developer gained certain benefits or obtained certain dimensional variations and/or public benefits for the creation of a hotel, lodge or bed and breakfast then such benefits granted to the developer that will potentially be lost shall be offset by the provision of alternative and potentially additional public benefits.
6-314.B.5. Whenever the PUD for a hotel is amended to allow changes to the structure, or use, the reviewing body shall impose such conditions of approval as deemed necessary to insure that the nature of the occupancy or use will not change.
6-314.B.6. In addition to the foregoing requirements, submittal requirements for Hotel-condominium Conversions shall include any documents necessary as determined by the Planning Director to ensure the requirements of Section 6-412.G and Section 6-412.H. are be met, including but not limited to, condominium declarations, deed-restrictions, operating and development agreements.