(A) Authority.
(1) The planning staff shall have the authority to grant final approval of a development plan, except in those instances in which the Plan Commission has retained authority.
(2) Final approval shall not require a public hearing, however, the Plan Commission may, if it deems necessary, require a public hearing for the final approval of a development plan over which it has retained authority.
(B) Procedure. The applicant shall submit the final development plan with all revisions, additions or deletions as prescribed in the preliminary plan approval to the Planning and Zoning Office. The proposed final plan may include less than the entire area for which preliminary approval was granted. In the event final approval is granted for only a portion of the development plan, the applicant thereafter will not be obligated to adhere to any time limitations for requesting final approval of the remainder of the development plan.
(1) Where final review and approval have been delegated to the planning staff:
(a) Staff shall review the final development plan to insure that the conditions specified at preliminary approval have been satisfied.
(b) A written notice of action, including the reasons therefor, shall be signed by the Planning staff and provided to the applicant and to other interested parties upon request. Notice shall be furnished within 5 working days after a decision has been rendered by the planning staff.
(2) Where final review and approval has been retained by the Plan Commission:
(a) The final development plan shall be submitted at least 30 days prior to the meeting at which the plan will be discussed.
(b) If the Plan Commission has determined that a public hearing is required then the appropriate filing fee shall be paid.
(c) The Plan Commission shall review the final development plan to insure that the conditions specified at preliminary approval have been satisfied.
(d) In rendering its decision the Plan Commission shall take into consideration all pertinent information presented by the planning staff, the applicant, the Architectural Review Committee, other city departments, boards and commissions, other governmental agencies and the general public.
(e) A written notice of action, including the reasons therefor, shall be signed by the Plan Commission President and provided to the applicant and to other interested parties upon request. Notice shall be furnished within 5 working days after a decision has been rendered by the Plan Commission.
(f) A copy of the approved final site plan shall be recorded at the Elkhart Count Recorder’s Office, and proof of such action in the form of a receipt of filing for recording of the documents provided to the Planning and Zoning staff and shall be provided prior to the issuance of a certificate of occupancy for any such project.
(1979 Code, § 151.155) (Ord. 4370, passed 7-20-1998; Am. Ord. 4762, passed 8-1-2003)