§ 154.438 REVISION OF APPROVED PLANS.
   (A)   General revisions. An approved Planned Development proposal and plan may be revised in accordance with the procedures set forth for approval of a new proposal.
   (B)   Minor changes. Notwithstanding division (A) of this section, minor changes may be permitted by the Planning Commission, following normal site plan review procedures outlined in §§ 154.401 through 154.405, subject to the following Planning Commission findings.
      (1)   The proposed changes will not affect the initial basis on which initial approval was granted.
      (2)   The proposed minor changes will not adversely affect the overall Planned Development in light of the intent and purposes of the development as stated in § 154.330.
      (3)   The proposed changes will not affect the character or intensity of use, the general configuration of buildings and uses on the site, vehicular or pedestrian circulation, drainage patterns, or the demand for public services.
      (4)   Examples of minor changes include, but are not limited to the following.
         (a)   Additions or alteration to the landscape plan or landscape materials.
         (b)   Alterations to the internal parking layout of an off-street lot, provided that the total number of spaces does not change.
         (c)   Relocation of a trash receptacle.
         (d)   An increase in floor area of less than 20% of the initial total floor area up to 5,000 square feet.
   (C)   Application data requirements. Applications for Planned Development approval shall include all applicable data required for site plan review as specified in §§ 154.401 through 154.405 and the city’s site plan manual. In addition, the application shall include the following.
      (1)   An overall plan for the planned development. The overall plan shall graphically represent the development concept, using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks, and typical layouts and elevations for each type of use. The overall plan shall clearly delineate each type of residential use; office, commercial and other nonresidential use; each type of open space; community facilities and public areas; and other types of land use.
      (2)   A map and written explanation of the relationship of the proposed Planned Development to the city's Master Plan.
      (3)   Information concerning traffic generated by the proposed Planned Development. Sufficient information shall be provided to allow the city to evaluate the impact of the proposed development on adjoining roads. Traffic-related information which is provided shall be estimates of the volume of traffic generated by each use, the peak hour volume of traffic expected to be generated by the proposed development, a schematic drawing indicating vehicular movement through the site, including anticipated turning movements, and measures being proposed to alleviate the impact of the development on the circulation system.
      (4)   Analysis of the fiscal impact of the proposed Planned Development on the city and the school district.
      (5)   Evidence of market need for the proposed use(s) and the feasibility of completing the project in its entirety. This requirement may be waived by the Planning Commission upon making the determination, based on existing evidence and knowledge about the local economy, that market support does exist for the proposed uses.
      (6)   Legal documentation of single ownership or control. The documentation shall be in the form of agreements, contracts, covenants, and deed restriction which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained at public expense will continue to be operated and maintained by the developers or their successors.
      (7)   A specific schedule of the intended development and construction details, including the phasing or timing of all proposed improvements.
      (8)   A draft of ownership and governance documents. These documents shall include the following.
         (a)   Deeds of ownership.
         (b)   Warranties guaranteeing ownership conveyed and described in the deeds.
         (c)   A list of covenants, conditions, and restrictions that are conditions of ownership upon the purchasers and owners in the Planned Development.
         (d)   Association by-laws (for example, condominium association by-laws) which describe how the association is organized; the duties of the association to operate, manage, and maintain common elements of the Planned Development; and the duties of individual shareholders to manage and maintain their own units.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999