(a) Purpose. The purpose of the final development plan application process is to:
(1) Ensure that new development within the Planned Development Overlay District comply with city code requirements or receive necessary approvals for flexibility;
(2) Ensure that sufficient information is provided by the applicant to determine the extent of compliance with city code requirements and the public benefit related to proposed city code flexibility; and
(3) Ensure that approved development not yet constructed is consistent with city code requirements.
(b) Where required. Final development plan approval is required in the Planned Development Overlay Zoning District prior to the issuance of any permit for a new building, building addition, site characteristic or parking lot expansion.
(c) Review and approval. New final development plans and major revisions to previously approved final development plans must be reviewed by the Planning Commission and acted upon by the City Council, which has the authority to attach conditions of approval. Minor revisions to previously approved final development plans will be reviewed and acted upon by the Planning Manager, who has the authority to attach conditions of approval. In the event that an application for a minor revision to a final development plan is denied by the Planning Manager, the applicant may appeal the decision to the City Council by submitting an appeals request and any supporting materials within three business days of the decision.
(d) Revisions. Revisions to final development plans are considered minor if:
(1) There is no increase to the proposed number of dwelling units;
(2) Any proposed increase in the floor area of structures on site does not exceed 5% or a total of 10,000 square feet;
(3) All proposed revisions comply with city code requirements;
(4) There is no alteration to any condition of approval previously attached by the City Council; and
(5) There is no alteration to a plan modification previously required by the City Council.
(e) Findings. The following findings must be made prior to the approval of new final development plans or revisions to previously approved final development plans:
(1) The proposed development is not in conflict with the Comprehensive Plan;
(2) The proposed development is not in conflict with any adopted district plan for the area;
(3) The proposed development is not in conflict with the approved preliminary development plan for the site;
(4) All deviations from city code requirements are in the public interest and within the parameters allowed under the Planned Development Overlay Zoning District or have previously received variance approval;
(5) The proposed development is of sufficient size, composition and arrangement that its construction, marketing and operation is feasible as a complete unit without dependence upon any subsequent unit;
(6) The proposed development will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the planned development; and
(7) The proposed development will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.
(f) Expiration. Final development plans for the first phase of development expire two years after approval if no building permit (or other applicable permit if no building permit is required) is issued for the approved development within that timeframe. This expiration standard applies to all final development plans approved on or after December 1, 2009. For multiple phase developments, each subsequent phase expires after the later of:
(1) Two years after approval of the final development plan for that phase of development if no building permit (or other applicable permit if no building permit is required) is issued for the phase of development within that timeframe or;
(2) Two years after the first temporary or permanent certificate of occupancy is issued for the preceding phase. A land owner may apply to the Director of Community Development for no more than one time extension of up to one year on each phase. The Director of Community Development may issue the extension upon a finding that the applicant is making a good faith effort to make progress on the final development plans.
(g) Content. Final development plan applications must include the following information, unless exempted by the Planning Manager:
(1) An application form signed by the property owner(s) or authorized representative of the parcel on which development is proposed. For planned developments, the application form must be signed by property owners or authorized representatives of parcels within the planned development that:
(A) Will be physically changed by proposed construction activity, unless the change is allowed under an existing easement or agreement; or
(B) Will lose an access point that the parcel uses.
(2) The required application fee (see city code § 21.502.01);
(3) Written documentation that includes:
(A) A complete description of the project;
(B) To the extent code deviations are requested, a flexibility request that identifies all proposed code deviations, the level of deviation and the reasons why the deviations are in the public interest;
(C) Site and building information, including lot sizes, building sizes and floor area ratios by lot and by site;
(D) Project phasing and construction scheduling;
(E) Hours of operation;
(F) A description of the covenants or agreements that may influence the use and maintenance of the proposed development;
(G) Anticipated employment;
(H) Storm water management plans and calculations that meet the requirements of city code Chapter 16 and the city comprehensive surface water management plan;
(I) Anticipated trip generation based on the most recent edition of the ITE Trip Generation Manual; and
(J) Anticipated peak hour and average day water demand and wastewater flow.
(4) Samples of proposed exterior materials;
(5) Plans that meet all requirements for final site and building plan applications (see city code § 21.501.01(f)(5)), except that City Council initiated final development plans may consist only of information deemed necessary to identify and protect the public interest; and
(6) Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed development may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include, but are not limited to, traffic, environmental, storm water management, wetland, and utility studies.