3.10.12: AMENDMENTS TO FINAL DEVELOPMENT PLAN:
   (A)   Subsequent Amendments:
      1.   Any subsequent amendment to the final development plan changing location, siting, and height of buildings and structures may be authorized by the commission, without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved.
      2.   In no case shall the commission authorize changes which may cause any of the following:
         (a)   A change in the use or character of the development, including ownership.
         (b)   An increase in overall coverage of structures or significant changes in types of structures.
         (c)   An increase of the intensity of use or types of usage.
         (d)   An increase in the problems of traffic circulation and public utilities.
         (e)   A reduction of off street parking and loading space.
         (f)   A reduction in required pavement widths.
   (B)   Change Requiring Public Hearing: All other changes in use, rearrangement of lots, blocks and building tracts, or in the provision of common open spaces and changes in addition to those listed above which constitute substantial alteration of the original plan shall require a public hearing before the commission and approval by the council.
   (C)   Expiration:
      1.   On the anniversary year after general development plan and program approval, until the project is complete, the applicants or applicants' successors, shall file a progress report. If substantial construction or development has not taken place within four (4) years from the date of approval of the general development plan and program, the commission shall review the PUD program at a public hearing to determine whether or not its continuation, in whole or in part, is in the public interest, and, if found not to be, shall recommend to the council that the PUD approval be revoked.
      2.   After action by the commission, the council shall consider the matter and by resolution accept or reject it or return it to the commission for further action. Notice and hearing shall be provided according to the same procedures as are then applicable to a new application, with the present owner of the property being sent notice by certified mail, return receipt requested; the city is entitled to rely on the county tax assessor's records and a title company title search for the name and address of the current owner(s). (Ord. 821, 2-23-2006, eff. 3-16-2006)