20.45A.250 Modification of an approved preliminary plat.
A. There are three ways to modify an approved preliminary plat: process as a new preliminary plat application, process as an administrative amendment, or qualify for an exception.
B. General. Except as provided in subsections C and D of this section, a modification of a previously approved preliminary plat is treated as a new application.
C. Exception. The following modifications of preliminary plat approval may be reviewed through plat engineering and do not require further review:
1. Engineering detail unless the proposed detail modifies or eliminates features specifically required as an element of the preliminary plat approval;
3. A decrease in the number of lots to be created or an increase of no more than five percent of the number of lots depicted on the preliminary plat.
D. Administrative Amendment.
1. Scope. A proposed amendment which the Director determines meets the criteria of this section will be processed as an administrative amendment unless the applicant has chosen to have the amendment reviewed as a new application.
2. Decision Criteria. The Director shall approve or approve with modifications a proposed amendment to an approved preliminary plat if:
a. The amendment maintains the design intent or purpose of the original approval; and
b. The amendment maintains the quality of design or product established by the original approval; and
c. The amendment does not cause a significant environmental or land use impact on or beyond the site; and
d. Circumstances render it impractical, unfeasible or detrimental to the public interest to accomplish the subject condition or requirement of preliminary plat approval.
3. Conditions. The Director may include conditions as part of an approval or approval with modifications to ensure conformance with the decision criteria above.
4. Written Decision. The Director shall issue a written decision on the administrative amendment which contains the following:
a. A description of the original preliminary plat approval and the proposed amendment; and
b. An analysis of the proposed administrative amendment using the applicable decision criteria, including the facts upon which the decision and any conditions for the project are based; and
c. A statement that the administrative amendment is approved, approved with modifications or denied subject to the provisions of this section. (Ord. 5790, 12-3-07, § 3; Ord. 4972, 3-3-97, § 39; Ord. 4816, 11-27-95, § 138; Ord. 3937, 7-18-88)