12.30.220 Final PUDs – Major modifications to approved final PUD.
For the purposes of this section, “major modifications” means any proposed modifications to an approved final PUD that do not comply with the criteria contained in BMC 12.30.210(B). Major modifications to approved final PUDs are Type II actions and shall be processed in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations, and in accordance with the provisions of this section.
A. Requirements for a Complete Application for Major Modification to an Approved Final PUD. These requirements are in addition to the minimum application requirements in BMC 11.06.002. Application contents:
1. Signatures of those persons or parties having an ownership interest in those lots, tracts, parcels, sites or divisions in the subject final PUD that are proposed to be altered;
2. A copy of any restrictive covenants applicable to the PUD. If the PUD is subject to restrictive covenants which were filed at the time of the approval of the final PUD, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the modification of the PUD or portion thereof;
3. A copy of the approved final PUD sought to be modified, together with all PUD modifications recorded since the date of the original approval;
4. Plans and diagrams clearly showing the approved final PUD, as well as any proposed modifications to the approved final PUD;
5. Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property.
B. Criteria for Approval of a Major Modification to an Approved Final PUD. A major modification to an approved final PUD shall be granted by the city only if the applicant demonstrates that the proposed modifications are consistent with the criteria for approval for preliminary PUDs, as listed in BMC 12.30.110. (Ord. 2348 § 31, 2021; Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2076 § 2 (Exh. B), 2011. Formerly 12.30.210).