§ 17.40.220. Minor amendment requests.
Minor amendments to an approved preliminary PD site plan, design guidelines, and zoning regulations or preliminary/final PD site plan, or final PD site plan may be authorized in writing by the director of development services, and shall be recorded with the El Paso County Clerk and Recorder. The applicant shall submit a revised preliminary or preliminary/final PD site plan or final PD site plan that meets the administratively adopted submittal checklist and the review and approval criteria for the type of application as determined by staff. The applicant shall document in writing that such development adjustments meet the following provisions and shall submit a revised preliminary or a preliminary/final PD site plan or final PD site plan titled as to the number and type of administrative amendment from the original PD:
A.
Density. The density of any permitted use area shall not be increased administratively, except as provided for in subsection E. of this section.
B.
Building Location. The changes, modifications, or adjustments shall not impact more than twenty (20) percent of any building footprint.
C.
Setbacks. A decrease of the required setback when such decrease is no more than a ten (10) percent change to the originally approved setback is permitted (e.g. a ten (10) percent decrease of a setback of thirty (30) feet is three feet resulting in a new setback of twenty-seven (27) feet). Setback amendment requests exceeding a ten (10) percent change shall be reviewed by the planning commission and board of trustees for an individual lot.
D.
Minimum Lot Size. A decrease of the minimum lot size is allowed when such decrease is no more than a ten (10) percent change to the originally approved minimum lot size. (i.e., a ten (10) percent decrease of a ten thousand (10,000) square foot lot is one thousand (1,000) square feet resulting in a new minimum lot size of nine thousand (9,000) square feet). Reductions in minimum lot size may not result in an increase in the overall density approved as part of the preliminary or final PD.
E.
Density Transfers. Where the specific PD ordinance permits, density adjustments between use areas involving no more than a twenty (20) percent increase in density in any one use area and no change in dwelling type, e.g., single-family detached to multifamily may be made.
F.
Decreased Number of Dwelling Units. A decrease of the number of dwelling units in a use area of up to twenty (20) percent with no change in dwelling type is allowed.
G.
Text Changes. Nonsubstantial changes to the text of an approved preliminary PD site plan, design guidelines, and PD zoning regulations, as determined by the director of development services, may be made to add clarity, when such changes do not change standards or commitments.
H.
Street alignment. Minor changes may be made to the alignment of an arterial or collector roadway as shown on a preliminary PD or a preliminary/final PD site plan or final PD site plan if warranted due to engineering considerations. The director of development services shall determine whether the change is significant enough to require going through a major amendment process in order to be approved.
I.
Curb Cuts/Access Points. The location of curb cuts/access points may be adjusted through the administrative amendment process when minor in nature and if justified from an engineering perspective. Curb cuts/access points may not be eliminated or added without formally amending the PD plan and/or any other applicable access management plan document.
J.
Off-Street Parking. Changes affecting off-street parking if not resulting in more than a ten (10) percent change to the required or approved number of spaces may be permitted.
K.
Sidewalks, Pedestrian Trails and Bike Trails. Minor alignment and design changes to sidewalks and trails may be made. Elimination of sidewalks and trails may not be approved administratively.
L.
Finished Grade and Drainage System. Changes to the proposed finished grade affecting less than ten (10) percent of the site and not resulting in significant changes to the site drainage system may be made.
M.
Open Space Configuration. Minor changes in the configuration of open space areas, parks, and/or trails public or private are allowed. Reduction in the amount of open space, parks, and/or trails provided may not be approved administratively. Enlargements of planned open space areas, parks, and/or trails may, however, be considered administratively.
N.
Use Area Boundary. Use area boundaries may be administratively adjusted when no more than ten (10) percent of the acreage of any one planning area is affected, where building or lot density is not increased, where open space is not reduced, and where such does not involve an inclusion or exclusion of land from the overall PD.
O.
Architectural Features and Treatments: Minor changes to architectural features or treatments may be made administratively via a minor amendment. The Director of Development Services shall have the authority to determine if the minor amendment is in keeping with the intent and overall design of the approved planned development, and that it does not change approved development standards. Minor amendment requests can include, but are not limited to, changes in color, materials, and architectural treatments. If the approved planned development contains language which prohibits administratively processed amendments, then a major amendment to the approved plans will be required.
P.
The director of development services shall not have the authority to approve plans which are changed, modified or adjusted in such a manner that they increase density beyond the limits noted in subsection E. of this section, decrease total dedication lands or open space, include additional land, add permitted uses, or repeal any specific conditions imposed on the plan by the board of trustees.
Q.
Public Notice. Minor amendments to PD site plans that are administratively approved do not require public notice.
(Ord. No. 05-2010, 2-1-2010; Ord. No. 22-2012, 12-3-2012; Ord. No. 23-2013, 11-18-2013 )