(a) Final Development Plans. An application for final development plan review shall include the submission requirements set forth in Section 1137.07(
c) and shall be submitted for review according to the following. An application for final development plan review shall be required for each phase of development. The applicant shall also submit a final subdivision plat for simultaneous review unless a final plat has already been approved or is not required for completion of the project.
(b) Area Included in Final Development Plan. The area included in an application for final development plan review shall be in substantial compliance with the phasing plan approved as part of the preliminary development plan.
(c) Review Procedures for Final Development Plan. The application shall be reviewed according to the following procedures:
(1) The City Planner or designee review. After determining that an application is complete according to Section 1137.05
(a), the City Planner or designee shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comments. The City Planner or designee shall schedule the Final Development Plan on a Planning Commission agenda within sixty (60) days the date the application is deemed complete.
(2) The application shall be reviewed for compliance with the approved preliminary development plan, the requirements of this Code and other applicable city codes.
(3) During the review, the City Planner or designee may meet with the applicant to review the application, and the applicant may revise the final development plan application in response to the City Planner or designee's comments.
(4) The application and supporting documents, staff comments, any other reports and accompanying documents (such as, but not limited to, letters from residents or maps) shall be transmitted to the Planning Commission.
(d) Review by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria set forth in Section 1137.08
(b). The Planning Commission shall take into consideration any submitted staff reports when reviewing the application. In reviewing the application, the Planning Commission shall determine if the final development plan substantially complies with all specific requirements, the purposes, intent and basic objectives of the preliminary development plan, and any commitments made, or conditions agreed to with the adoption of the preliminary development plan and if it represents an expansion and delineation of the approved preliminary development plan. The Planning Commission may determine that the proposed plan complies with the preliminary development plan and may proceed to review the Final Development Plan in accordance with the procedures of this section.
(e) Action by Planning Commission. The Planning Commission shall take one of the following actions:
(1) Approve the final development plan as submitted;
(2) Approve the final development plan with modification(s) as agreed to by the applicant; or
(3) Disapprove the final development plan when the application does not demonstrate that the required standards have been met. Disapproval of the final development plan shall terminate the process. The applicant may revise the final development to respond to the Planning Commission's concerns and resubmit the plan. Such action shall be considered a new application for review containing all the information required for final development plans, including the payment of the application fee.
(4) The Planning Commission may, in reviewing the final development plan, approve a revision of a provision of the development standards text if they determine that all of the following provisions are satisfied:
A. The Planning Commission determines that the proposed modification does not significantly alter the list of permitted uses or cause an inappropriate increase in density;
B. The proposed modification results in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s);
D. The development, as proposed on the final development plan, will have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
Any proposed revision to a preliminary development plan that fails to meet the above criteria shall require a Zoning amendment to the preliminary development plan according to Section 1137.05.
(f) Compliance with Current City-wide Standards. In the event development standards or construction standards that apply city-wide are updated, all subsequently approved final development plans shall comply with the updated standards when the Planning Commission determines that such updated standard(s) will not cause undue hardship.
(g) Zoning and Building Permits. Following the approval of the final development plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the Zoning clearance and building permit process, consistent with approval as granted, including any conditions and modifications made by the Planning Commission. A Zoning clearance and building permit shall not be issued until the appropriate final plat has been recorded and the city has accepted any applicable land areas that are to be dedicated to the city. All construction and development under any building permit shall be in accordance with the approved final development plan, except as may be permitted in Section 1137.06
(h). Any unauthorized departure from such plan shall be cause for revocation of the Zoning clearance. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. The city may require a copy of the recorded document prior to issuing any construction permit.
(h) Modifications to Approved Final Development Plans. Requested modifications to approved final development plans shall be reviewed according to the following:
(1) Administrative approval. The City Planner or designee, in administering the approved final development plan and development text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site-related improvements that are required to correct any undetected errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved final development plan.
A. No modifications shall be made that increase the permitted density of development or add to the list of permitted uses.
B. Modifications deemed minor may include such changes as:
1. Minor adjustments in lot lines provided no additional lots are created and required setbacks are maintained;
2. Minor adjustments in the location of and layout of parking lots provided the perimeter setbacks, yards and buffers are maintained;
3. Minor adjustments in building footprints up to ten percent (10%) in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use;
4. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;
5. Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained and approved by the City's stormwater manager.
6. Redesigning and/or relocating landscape mounds, provided that the same level and quality of screening is maintained;
7. Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained;
8. Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan;
9. Changes required by outside agencies such as the county, state, or federal departments; or
10. Other minor modifications deemed by the City Planner or designee that do not alter the basic design or any specific conditions imposed as part of the original approval.
C. The City Planner or designee shall report approved modifications to the Planning Commission. The City Planner or designee may submit any modification to the Planning Commission that would otherwise be considered minor if the City Planner or designee finds that the overall extent and effect of the proposed modification should be reviewed by the Commission.
(2) Board of Zoning Appeals variances.
A. Any request for a variation to the development standards text that pertains to an individual one (1) unit dwelling shall be reviewed as a variance according to the procedures set forth in Section 1157.05
.
B. Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of Section 1157.06.
(3) Planning Commission approval.
A. Modifications other than those listed in Section 1137.06
(h)(1) above not determined by the City Planner or designee to be minor shall be submitted to the Planning Commission. Modifications may be approved provided the Commission finds that the requested changes are compatible with the surrounding development and that the modifications remain consistent with the preliminary development plan.
B. Any requested changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in this section. If approved, those amendments to the final development plan shall supersede the originally approved final development plan.
(Ord. 15-23. Passed 8-14-23.)