§ 117-179. Modifications to approved preliminary or final development plans.

(a)

If an applicant proposes to modify an approved preliminary development plan or final development plan, the applicant shall submit the proposed modifications to the planning and zoning administrator for transmittal to the appropriate authority.

(b)

The proposed modifications shall be classified as a minor or major modification based on the following:

(1)

Minor modifications. Minor modifications shall include changes that do not involve:

a.

Major changes to the approved plan including, but not limited to, a change of use or density to a more intense use or density than permitted by the district or changes to the location or amount of land designated for a specific land use or open space;

b.

A change of the permitted uses to a use not otherwise permitted in the proposed planned development district;

c.

Any change that will impact on-site or off-site infrastructure; or

d.

An expansion of a building footprint that affects the specified setbacks of the approved plan.

(2)

Major modifications. Major modifications shall include:

a.

An increase in density or intensity;

b.

Changes to the property or project boundaries of the entire PD district;

c.

Modifications in the internal street and thoroughfare locations or alignments which significantly impact traffic patterns or safety considerations; or

d.

Anything not classified as a minor modification by subsection (b)(1) of this section.

(c)

Review of minor modifications.

(1)

The Metropolitan Area Planning Commission shall be responsible for reviewing and making a decision on minor modifications to an approved preliminary development plan or final development plan.

(2)

Such review and decision shall take place at a public meeting of the Metropolitan Area Planning Commission and shall not require any additional notice beyond what is required by the Arkansas State Code for public meetings.

(3)

The decision of the Metropolitan Area Planning Commission on minor modifications shall be deemed administrative and may be appealed to the city council.

(d)

Review of major modifications. Major modifications to an approved preliminary development plan or final development plans shall require a public hearing with the Metropolitan Area Planning Commission and city council pursuant to the review procedure of this section.

(Zoning Ord., § 14.20.04.15; Ord. No. 07-13, § 1, 5-1-2007)