5.3.15. AMENDMENTS OF EXISTING APPROVALS.
After the City has approved a permit or approval pursuant to this Article 146-5, the permit or approval may be amended as described in this Section 146-5.3.15. An application for an amendment to a permit or approval requests a change that complies with the terms of this UDO without a deviation from any Use-specific standard (See Section 146-0) or Development Standard (See Article 146-4) applicable to the development. If the applicant is requesting approval of a deviation from the standards of Section 146-0 or Article 146-4 applicable to the proposed development, an application under Section 146-5.4.4 (Flexibility and Relief Procedures) will be required.
A. Minor Amendments. Minor amendments to a permit or approval issued under this UDO may be approved by the Planning Director provided that the Director determines that the following criteria have been met.
1. The amendment does not approve any land use that was not authorized by the permit or approval or that was not already permitted by right on the property;
2. The amendment does not decrease the total amount of common outdoor area in the development, and does not reduce the size of any common outdoor area adjacent to abutting property containing residential dwelling units.
3. The amendment does not increase the maximum number of residential dwelling units in the development or the gross square footage of non-residential uses in the development.
4. The amendment does not reduce any building setback adjacent to development containing residential uses by any amount, and does not reduce any building setback adjacent to development containing only non-residential uses by more than 10 percent (cumulative of any earlier amendments);
5. The amendment does not change any other development standard by more than 15 percent in Subarea A and 10 percent in Subareas B and C (cumulative of any earlier amendments).
6. The amendment does not adjust any development standard where this UDO expressly prohibits adjustment of such standard.
7. The amendment does not increase the amount of traffic generated by the development that received access to the Site Plan property from local streets, and does not increase or decrease the number of through streets, sidewalks, trails, trail connections passing through the Site Plan or connecting to or designed to connect to abutting properties.
8. The amendment does not result in substantial variation of any building design standard applicable to any building in the development, unless the Planning Director determines that alternative building design elements included in the amendment improve the perception of building quality, variety, durability, and articulation when viewed from adjacent streets and abutting properties.
9. The amendment does not reduce the amount of total landscaping installed on the property or the amount of screening or buffering required on portions of the site abutting any property containing residential dwelling units, and does not result in substantial variation of any other landscaping or buffering requirement unless the Planning Director determines that alternative building design elements included in the amendment improve the visual quality and screening and buffering effect of landscaping as viewed from adjacent streets and public areas, or that removal of landscaping is necessary to protect the health, safety, and welfare of the City and/or to achieve other community or neighborhood objectives.
10. The amendment does not change any development standard, condition, or requirement specifically attached to a development approval by the Planning and Zoning Commission or City Council.
11. The amendment is not inconsistent with any terms or conditions included in the permit or approval to protect the character or scale of any residential area within which, or near which, the development is located.
12. The Planning Director shall post a notice of the approved adjustment on the City’s website within five calendar days after making that decision.
B. Major Amendments. All amendments to permits or approvals that do not qualify as Minor Amendments under Section 5.3.15.A above may only be approved by the City official, Board, Commission or City Council that issued the permit or approval, following the same procedure (including the payment of a new application fee, new process of staff referral, and any required public notice or public hearing) used to issue the original permit or approval. (Ord. No. 2019-49 § 1, 08-19-2019)