HomeMy WebLinkAboutExhibit C Insubstantial Amendment_PD26.445.110.Amendments. Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals (pre-Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline below and the Community Development Director shall determine the type of procedure most-applicable to the requested amendment.A.Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria:1.The request does not change the use or character of the development.Staff Finding: The proposed public amenity space reconfiguration, construction of rooftop decks and railings, exterior changes to the southeast chamfered corner of the building, the inclusion of a rainscreen façade surrounding the dining terrace, and the proposed floor area refinement changes to Section 4, Table 1 of Ordinance 051, Series 2013 do not change or reshape the use or character of theHotel Aspen development.At the conclusion of the proposed changes, the use and character of the project will remainthe same and Staff finds this criterion to be met.2.The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Staff Finding: The proposed changes are consistent with the conditions and representations in the project’s original approval. The changes are minor in nature, are requested in an effort to further refine the scope of the approved development andmeet the basic intent of the original development application. Staff finds this criterion to be met.3.The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area.Staff Finding: The proposed changes, specifically to the dimensions to Section 4, Table 1 of Ordinance 51, Series 2013, do not grant any variation from the project’s permitted allowed uses and will not increase height or floor area for the project. Staff finds this criterion to be met.4.Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Staff Finding: The proposed dimensional changes to Section 4, Table 1 of Ordinance 051, Series 2013 are technical in nature and ultimately respond to design parameters that are within the dimensional tolerances of the approved project. The proposed changes reflect compliance with Ordinance 051, Series 2013. Staff finds this criterion to be met.5.An applicant may not apply for Detailed Review if an amendment is pendingStaff Finding: Not applicable.