18.190.070 Amendments to planned unit development plans.
Each applicant petitioning for a planned unit development district shall, as part of the application, designate a prescribed manner as to who may initiate amendment(s) to the approved planned unit development master plan. In addition to the Planning Commission or City Council, the owner may solely initiate amendments to the plan. The terms and provisions of the plan shall extend to and be binding upon the heirs, executors, administrators, trustees, and assignees of the owner. Should more than one entity hold title, then all such affected owners of all such title as determined by the Planning Director shall be required to execute any such amendment. In lieu of all owners individually executing such document, the Planning Director may approve a homeowners’ or property owners’ association to execute any such amendment if they present evidence their organization has the authority to represent all owners within the PUD.
(a) Minor Amendments to Master Plan. Minor changes to a planned unit development master plan may be approved administratively, if at all, by the Planning Director. Such changes may be authorized without additional public hearings, at the discretion of the Planning Director. This provision shall not prohibit the Planning Director from requesting a recommendation from the Planning Commission.
(1) Minor Amendment Criteria. Amendments shall be deemed as minor if the cumulative revisions to the most recent approved master plan of record which was considered at a public hearing do not include:
(i) A change to the use and character of the development.
(ii) The possible creation of obstacles, barriers and service problems to traffic circulation, fire protection, public safety, and public utility services due to the revision(s).
(iii) A reduction by greater than 10 percent of the designated open space.
(iv) An increase by greater than 10 percent in the approved number of residential dwelling units.
(v) Increase the floor area proposed for nonresidential use by more than 10 percent.
(vi) Increase by greater than 20 percent the approved signage including, but not limited to, height or sign face area.
(2) Submittal of Revised Master Plan with Minor Amendments. The proposed revised master plan shall be submitted to the Planning Director for consideration of approval. Said plan shall be presented on reproducible tracing material in like manner and substance as reflected on the most recent approved plan. All other data, conditions, and information other than that proposed for amendment shall be identical to the most recently approved plan. Space for acknowledgement of approval by the Planning Director with date space shall be reflected on said plan. A letter of transmittal from the designated applicant setting forth in detail all proposed amendments shall accompany the submittal. Upon approval of any revised plan, the applicant shall furnish 16 copies of such plan with the Planning Agency for distribution to public agencies and utilities. The original tracing will remain on file in the Planning Agency and the revised master plan shall be rerecorded with the Register of Deeds in like manner as established with the original filing.
(b) Major Amendments to Master Plan. Major changes shall include any modifications that do not meet all the minor amendment criteria set forth above. A major amendment is processed and approved in the same manner as the original application. Amendments that add a permitted use group and/or change the location of a use group by legal description are subject to protest as provided for under State law for any other rezoning. (Ord. 19218 § 6, 2-3-09. Code 1995 § 48-24.06.)