979.10 FINAL DEVELOPMENT PLAN APPROVAL PROCEDURE.
   (a)   Planning Commission Review. Following approval of an application for the Preliminary Development Plan, an applicant may submit for an application for approval of a Final Development Plan for all or any part or phase of the development contemplated by such Preliminary Development Plan, provided that the approval for the Preliminary Plan approval has not expired under Section 979.08 of this Chapter. An application for a Final Development Plan shall be submitted to the City Building Commissioner and reviewed by the Planning Commission consistent with City Codified Ordinance Section 941.04 (with references therein to "this Chapter" meaning this Chapter 979 and the reference to the review standards of Section 941.06 meaning Section 979.05), except that City Council approval shall be obtained pursuant to part 2 of this Section prior to the applicability of Section 941.04 (g)-(j) (regarding performance guarantees, building permits, certificates of occupancy and expiration of approval). When an application for a Final Development Plan has been reviewed by the Planning Commission, it shall be submitted to the Clerk of Council with a report and recommendation for approval, approval with conditions, or disapproval. The performance guaranty set forth in Section 941.04(g) is not applicable to any private improvements.
   (b)   City Council Review and Action. Within thirty (30) calendar days after receipt by the Clerk of Council of the Planning Commission's report and recommendation, City Council shall conduct a public hearing on the application. Following the Public Hearing and no later than thirty (30) calendar days after the Public Hearing is closed, City Council shall consider the application for the Final Development Plan, the Planning Commission's report and recommendation, and the evidence from any public hearing and take final action by either approving, approving with conditions, or disapproving the application for the Final Development Plan. A vote of six members of Council shall be required to approve any application for a Final Development Plan which the Planning Commission has by formal action recommended be disapproved. If the City Council approves with conditions, or disapproves the application, City Council shall state the reasons, including the application's non-compliance with the Code and the basis for the recommended conditions or disapproval.
   Once approved by City Council, the Final Development Plan (1) shall be binding on the owner, successors, heirs and assigns and (2) may be revised and amended only if submitted to and approved consistent with Sections 979.09 and 979.10 of this Chapter.
(Ord. 58-2016. Passed 9-20-16.)