(A) (1) A tract of land of at least 8 acres for residential, 10 acres for industrial and 5 acres for commercial development maybe zoned to a planned district only upon application by the owner or his or her agent and only upon approval of a development plan for the tract prepared by a registered architect, engineer or landscape architect. The proponents of a planned development shall prepare and submit to the Planning Commission a preliminary development plan containing the following elements:
(a) The boundaries of the tract to be developed and the area adjacent for a distance of not less than 300 feet;
(b) The existing topography of the tract;
(c) The proposed location and arrangement of buildings, structures, parking areas, existing and proposed streets, drives and other public ways, land to be preserved as permanent common open space, drainage, screening, landscaping, and other features of the proposed development;
(d) Sufficient approximate dimensions to indicate the relationship between buildings, streets, drives and property lines;
(e) Preliminary elevations and plan drawings of proposed buildings, prepared by a registered architect or engineer;
(f) A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed development; and
(g) A draft of any proposed incorporation agreement and a draft of any bylaws or easement declarations concerning maintenance of recreational and other common facilities.
(2) In the case of rezoning applications for purposes of constructing centers having an ultimate floor area of 60,000 square feet or more, a current market analysis of the trade area, prepared by competent and experienced analysts, shall be submitted in support of the application. The analysis shall show plainly and accurately the role that the proposed center will play in the retail economy.
(B) The Planning Commission shall advertise and hold a public hearing on the application and plan for changes and amendments. If the development plan is found to be in accordance with the comprehensive land use plan and the best interests of the city and is acceptable to the Planning Commission, in plan and supporting data, the plan shall be approved, properly endorsed and identified, and sent on to the Mayor and City Council for action.
(C) Upon final approval of the preliminary development plan, and rezoning of the land, construction may proceed, and conformance with the plan and all supporting documentation is mandatory. All final plans shall be submitted to the Planning Commission and approved as to compliance with the preliminary development plan prior to the issuance of a building permit. All decisions of the Planning Commission maybe appealed to the Mayor and City Council, who may reverse or affirm the decision.
(Prior Code, § 56-495) (Am. Ord. 3840, § 1, 4-3-2012)