After adoption of the approved preliminary development district plan by City Council and the appropriate "PDD" zoning, final approval of uses and layout must be obtained from the Planning Commission. The following procedure shall regulate this process:
(A) Applicants submittal requirements. For final approval, the owner shall submit a final development plan with the Planning Commission. This final development plan shall show the following as a minimum:
(1) The area to be developed and the area to be devoted to open space with accurate acreage for each use.
(2) Final grading plans, indicating cubic footage of cuts and fills.
(3) The interior roadway system, indicating existing and proposed rights-of-way and easements and cross sections of new or improved streets.
(4) Site plans, floor plans, elevations, and cross sections for all buildings. Additional exterior detail drawings, materials specifications and paint colors will be required if deemed essential to the realization of the intent or scope of the "PDD" plan.
(5) Descriptions as to the type of buildings, square footages and use.
(6) The proposed open space system and areas to be in common ownership, if any.
(7) A detailed landscaping plan for all areas, indicating all existing and proposed vegetation by species, size and caliper; dimensions and materials, irrigation, and special lighting fixtures.
(8) Roadway, parking, and pedestrian lighting plans with lighting fixture types, heights and designs.
(9) The location, size, height, material, lighting method (if any), message, and design layout of all signage.
(10) The phasing plan for development, if any, as identified in the preliminary development plan.
(11) Any modification of the general plan data presented and approved for the "PDD" applications may be required by the Planning Commission.
(B) Planning Commission submittal requirements. Where the "PDD" zoning has been adopted by the City Council as a result of a Planning Commission initiative, the final plan submission shall include all elements of the "PDD" application as may be required by the Planning Commission.
(C) Planning Commission action. The following action shall be taken by the Planning Commission on the final development plan:
(1) (a) The Planning Commission shall review the final development plan and approve, modify and approve, or disapprove the application for final approval and transmit notice thereof to the applicant within 35 days of receipt of the complete final development plan package.
(b) The Planning Commission shall give the final approval only upon finding that the following requirements are met:
1. The design, size, and use are consistent with the preliminary development plan and with other applicable plans adopted by the Planning Commission or City Council.
2. The location, design, size, and uses will be adequately served by existing or planned facilities and services.
3. The location, design, size and uses will result in an attractive, healthful, efficient and stable environment for commerce and/or residential development.
(2) The approval of the Planning Commission shall be documented and entered into the plan for the area and become a permanent part of the Building Commissioner’s records.
(3) After approval of the final development plan by the Planning Commission, submission of appropriate subdivision plats and building construction drawings shall be made. Building and construction permits and certificates of occupancy shall be conditioned upon adherence to the total development plan including landscaping, design considerations, and the construction of necessary public improvements.
(4) Construction must commence in accordance with the approved final development plan within 12 months from approval of the final development plan. If construction has not begun within the 12 month period, the "PDD" is voided and the zoning reverts back to the previous zoning classification unless good cause can be shown by the applicant and an extension of not more than six months is granted by the Planning Commission.
(D) Modifications to approved plan.
(1) Minor changes to an approved final development plan may be approved by the Building Commissioner if such changes are consistent with the purpose and general character of the development plan. The Building Commissioner shall determine whether or not the minor changes fall within his or her responsibility to approve the changes. Other modifications, including extension or revision of the staged development schedule, shall require the approval of the Planning Commission. The Planning Commission shall determine whether or not the minor modifications fall within their responsibility.
(2) Substantive changes in the development plan shall be resubmitted through the "PDD" process and require the approval of the City Council. The Planning Commission shall forward to City Council any changes requiring their approval. Any changes to an approved plan, other than those the Building Commissioner is authorized to approve, shall require that the notification be sent to adjacent residents in the manner approved by law.
(E) Revocation. In the event of a failure to comply with the approved plan or any condition of approval, including, but not limited to, failure to comply with the staged development schedule, the Building Commissioner may , after notice, rescind, and revoke such plan approval. Violation of the final approval of the final development plan for a "PDD" shall constitute violation of the zoning code.
(Ord. 2003-51, passed 5-20-03)