(a)

The planned unit development (PUD) procedures provides the property owner/developer with a more flexible means to develop land, to use a more innovative design, while assuring greater bona-fide benefits to the community. Its intent is to encourage a freer and more imaginative design than is possible under the conventional zoning regulations by eliminating minimum lot sizes, setbacks, and other zoning and subdivision related restrictions.

(b)

The information in this article is intended to assist the developer in achieving compliance with the PUD procedures prior to incurring costs of complete design, while providing the city with the assurance that the project will retain the character presented at the time of acceptance. The following reflects the city's PUD objectives:

(1)

To stimulate a creative approach to designing residential, commercial and industrial land use developments.

(2)

To provide a means to use land more efficiently.

(3)

To preserve and integrate, to the greatest extent possible, the existing natural landscape features, (e.g., trees, streams, and topography).

(4)

To accommodate more usable and suitably located private or public recreational facilities than would otherwise be provided under conventional zoning regulations.

(5)

To encourage a greater diversification and mixture of land uses, in order to facilitate self-sustainability of the development, architecturally integrated structures and passive and active recreational open space areas.

(Prior Code, § 23-196)

(a)

The PUD zoning district may be established through initial zoning at the time of annexation, rezoned at the time of development, or as an overlay to the approved underlying zone district. The establishment of the three types of PUDs allows for the applicant to cater a PUD application to the specific needs of the development. The three types of PUDs outlined in this article are Planned Unit Development Residential (PUD-R), Planned Unit Development Commercial (PUD-C), Planned Unit Development Industrial (PUD-I) and Planned Unit Development Mixed Use (PUD-MU).

(b)

The following classifications of the planned unit development shall be used as an overlay or requires rezoning where consistent with the city plan or applicable zoning:

(Prior Code, § 23-197)

Principal permitted use and, subject to appropriate criteria, conditional uses and accessory uses of the underlying zone district are allowed within a PUD. Restrictions, controls, and incentives of the applicable PUD development proposal shall be included within the PUD application prior to recordation.

(1)

PUD-R, Planned Unit Development Residential District:

a.

Intent. The intent of the PUD-R district is to support private residential development by providing incentives encouraging the use of innovative design techniques in order to achieve high-quality residential development.

b.

Size. There is no minimum lot size for the PUD-R district; however, it must be large enough to enable its development as a complete identifiable unit and through the flexibility allowed by the PUD process provide a bona-fide benefit to the residents and users of the PUD. Recommended minimum lot size for a detached single-family residential lot is 6,600 square feet with the provision that 20 percent of the total site is developed as common open space area.

c.

Permitted uses. For the PUD-R, the following uses shall be permitted, subject to meeting the adopted review criteria:

1.

All uses in the R-1, R-4, and R-3 zone districts shall be allowed as provided in the table of approved uses section 117-99.

2.

Consumer goods and convenience services including neighborhood commercial activities, providing such uses are subordinate to the permitted uses; are designed to serve primarily the residents of the development; and are harmoniously incorporated into the total design of the PUD. Such uses shall be identified at the time of preliminary approval.

(2)

PUD-C Planned Unit Development Commercial:

a.

Intent. The intent of the PUD-C district is to promote the architectural grouping of commercial and professional consumer oriented activities creating a harmonious relationship between people, structures and motor vehicles through the use of a well planned circulation, parking, pedestrian ways, courtyards, and landscaped open space areas.

b.

Size. There is no minimum lot size for the PUD-C district, provided the proposed development is functional.

c.

Permitted uses. For the PUD-C, the following uses shall be permitted, subject to meeting the adopted review criteria: all nonresidential uses in the CC (Center City Commercial), NC (Neighborhood Commercial), GC (General Commercial), HC (Highway Commercial) and O (Transitional Office) zone districts as provided in the table of approved uses, section 117-99.

(3)

PUD-I Planned Unit Development Industrial:

a.

Intent. The intent of the PUD-I district is to promote the architectural grouping of industrial wholesale, warehouse, light and heavy manufacturing activities creating a harmonious relationship between people, structures, operations and motor vehicles through the use of a well planned circulation, parking, pedestrian ways, outside storage, and landscaped open space areas.

b.

Size. There is no minimum lot size for the PUD-I district, provided the proposed development is functional.

c.

Permitted uses. For the PUD-I, the following uses shall be permitted, subject to meeting the adopted review criteria: all permitted uses in the M-1 (light manufacturing) and M-2 (heavy manufacturing) zone districts as provided in the table of approved uses section 117-99.

(4)

PUD-MU Planned Unit Development Mixed Use:

a.

Intent. The intent of the PUD-MU district is to allow for the integration of residential, commercial, and industrial development within an area so as to ensure the formation of a self-sustaining project. Light industrial uses, including those permitted in the M-1 (light manufacturing) zone, are permitted, provided they complement the commercial uses and do not substantially impact the residential uses. The following provisions apply to the PUD-MU district:

1.

The developer shall establish that a special type of business and professional community will be created which benefits the citizens who occupy the residential component of the proposal.

2.

The city shall pay special attention to how the design of the PUD-MU district will affect the physical and social environment of the land and people who occupy the residential units.

3.

The number of residential units that may be built is flexible; however, the proposed number must achieve an acceptable balance for achieving self sustainability of the proposed development.

4.

Commercial and industrial development within a PUD-MU shall be located so as not to create undue traffic congestion or street hazards. Consideration shall be given to anticipated pedestrian, bicycle and vehicular impacts, adjacent development providing multiple use of off-street parking facilities, and the types of commercial uses implicated. The parking areas, services areas, buffers, entrances, exits, yards, courts, landscaping, graphics and lighting shall be designed as integrated portions of the total PUD-MU proposal.

b.

Size. There is no minimum lot size for the PUD-MU district, provided the proposed development is functional and facilitates self-sustainability.

c.

Uses permitted. Within a PUD-MU district the following uses shall be permitted subject to meeting all applicable criteria and regulations: any permitted, conditional or accessory use allowed in the R-1, R-4, R-3, CC, NC, GC, HC, O, M-1 zone district as allowed in section 117-91.

d.

Supplementary uses. Residential dwellings may be constructed above commercial uses provided:

1.

Separate access to dwelling units is provided;

2.

No commercial uses shall occupy the same floor as one occupied by a dwelling unit.

(Prior Code, § 23-198; Ord. No. 1591 6-2009)

(a)

Planned unit developments provide a more flexible approach to the physical development providing an opportunity for creative development planning and building design, to the end that the public health, safety and general welfare will be better served by tailoring development to the unique or special characteristics of the subject property and surrounding area. The city shall evaluate all planned unit development plans pursuant to the following criteria, which may be applicable to the particular circumstances, balancing and evaluating the implementation of such criteria to maximize, to the greatest practical extent, the community interest and welfare.

(b)

Comprehensive plan and code requirements:

(1)

Is the proposed development in accordance with all elements of the city plan including, but not limited to, land use plan, planning sub-area land use recommendations and traffic circulation?

(2)

Have all provisions of the land development code and general conditions, technical specifications and stormwater management plan been met? If not, have the exceptions/variances requested been thoroughly evaluated and made a part of the PUD design?

(3)

For a PUD that includes an exception to the height standards, have the following been satisfied?

a.

Proposed structure's affect upon adjacent properties is minimal with respect to a compatibility of use and design, alternative energy access, visual access, and rights of privacy, light and air.

b.

Public services can be provided to the structure at a level currently enjoyed by the surrounding area, or at adequate levels per existing city policies and regulations.

c.

Project complies with all adopted fire department regulations and standards.

(c)

Public facilities. Is there present and available adequate capacity to serve the proposed development, at appropriate service levels, in conformance with city policy and regulations with water, sewer, electricity, storm drainage, streets, etc. without negatively impacting the service levels of the surrounding neighborhoods, or have arrangements been made for extension and/or augmentation to adequately serve the proposed development and mitigate negative impacts on surrounding neighborhoods?

(d)

Neighborhood compatibility.

(1)

Are the scale, building bulk and orientation, setbacks, landscaping and visual integrity of the proposed development appropriate for the development, sensitive to the immediate area, compatible with the character of the neighborhood and do they promote the stabilization of the surrounding neighborhood?

(2)

Does the design and layout of the proposed development facilitate the development of adjacent property rather than limit design options for adjacent landowners?

(e)

Natural resource protection.

(1)

Does the proposed development preserve significant existing vegetation (i.e., large trees and unique features of the site?

(2)

If the project contains known areas of natural or geologic hazard, including unstable slopes, floodways, high groundwater tables, sink holes or soil conditions unfavorable to urban development, will special engineering precautions be taken to address satisfactorily those limitations or have these areas been appropriately set aside and restricted from development?

(f)

Land uses. Is the land use mix appropriate and do they meet the restrictions of section 117-214?

(g)

Development assurances:

(1)

The city council may require adequate assurance, in a form and manner that it approves, that the common open space, amenities and public improvements shown in the final development plan will be provided and fully developed.

(2)

The city may accept an irrevocable letter, cash escrow or other acceptable financial guarantee, in an amount sufficient to ensure installation and completion of the public improvements and amenities associated with the final development plan.

(h)

Design standards. The following design standards shall be used during the review process as guidelines for evaluating the PUD. If any specific standard causes extraordinary hardship or if the applicant demonstrates that the intent of the standard will be better accomplished by other appropriate means, such alternatives may be considered through the review process:

(1)

Density increases will be allowed with the formation of a PUD district. Density increases shall not exceed 50 percent of the permitted maximum density of the underlying zone district, if the PUD is used as an overlay, or land use designation of the city plan is zoned PUD-R. The calculation of density increase shall be based on the sum of those amenities or public improvements included within the development proposal. The types of amenities or public improvements as outlined in the following schedule are illustrative of the kinds eligible for density bonus consideration. The city encourages new creative ideas for density bonus consideration. For those amenities not contained on the following list, percentage bonuses shall be determined on a case-by-case basis and weighed according to their similarity to the prescribed schedule and its contribution (bona-fide benefit) to the development proposal.

(2)

Parcel size. There shall be no minimum parcel size for a PUD; however, it must be large enough to enable its development as a complete identifiable unit and, through flexibility allowed by the PUD process, provide bona fide benefits to the residential users of the PUD. Recommended minimum lot size for a detached single-family residential PUD is 6,600 square feet when less than 20 percent open space is provided.

(3)

Open space. The minimum required open space in residential PUDs shall be 20 percent of the total site. The required open space shall be land areas not occupied by buildings, structures, parking areas, driveways, streets or alleys. Said open space shall be devoted to landscaping, walkways, recreational areas and uncovered facilities and preservation of natural features. If there exists common open space in residential PUDs a minimum of 75 percent shall be contiguous lands generally free from obstructions that affect the intended functionality of the open space. Common open spaces shall be distributed equitably throughout the project in relation to the dwelling units of the residents to be served and shall be reasonably accessible to all of the PUD residents.

(4)

Natural amenities. The required open space may be left in its natural state if the city determines that the natural landscape should be preserved. Areas devoted to natural flood-control channels or drainage easements may be applied toward satisfying this portion of the total open space requirement.

(5)

Clustering. Clustering of dwelling units, commercial and industrial uses is encouraged as long as buffer yards, open space and emergency access are adequately planned. Buffer yards shall be required to separate different uses in order to eliminate or minimize potential interference and nuisances on adjacent properties. The size of the buffer yard shall be determined through the review process, based on its ability to achieve appropriate separation.

(6)

Landscaping. A landscape plan, prepared pursuant to the city's adopted landscape regulations, shall be required for all open space in a PUD, with the exception of those areas which the city determines would be most beneficial to the project and the community if left in their natural or existing condition due to those areas' natural beauty or uniqueness. Existing trees, 18 inches in diameter or larger, shall be preserved wherever practical.

(7)

Traffic circulation.

a.

Primary vehicular access points to the PUD shall be designed to provide smooth traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian and bicycle traffic.

b.

Where appropriate, the internal circulation system shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic to serve residential, nonresidential and recreational facilities provided in or adjacent to the PUD.

c.

Where designated bicycle paths exist adjacent to the PUD, safe, convenient access shall be provided. The city may require, when necessary to achieve public safety, pedestrian or bicycle overpasses, underpasses or traffic signalization in the vicinity of parks, schools, shopping areas or other uses that may generate considerable pedestrian or bicycle traffic.

(8)

Streets. The design of public streets within a PUD shall reflect the nature and function of the street. Existing city standards of design and construction may be modified only as is deemed appropriate by the city after recommendation by the street's superintendent, planning director, fire chief and police chief and based on unique circumstances.

(9)

Parking standards.

a.

Parking shall generally be provided as per the off-street parking requirements found in article V of chapter 111.

b.

The city may decrease or increase the number of required parking spaces based upon such factors as:

1.

The probable number of cars owned or required by the occupants anticipated;

2.

The parking demand resulting from any nonresidential uses;

3.

Varying time periods of use; and

4.

The general location of the project.

c.

All off-street parking areas, covered or open, in any PUD shall be screened by landscaping or otherwise from view from any public rights-of-way, except in single-family projects.

d.

Commercial or industrial projects may reduce the number of parking spaces on site if perpetual joint use parking is provided off-site within 300 feet of the proposed use.

(10)

Building spacing. No specific yard, setback, lot size, or building height requirements shall be imposed (except those required by adopted uniform codes, contemplating matters such as building separation) in any planned unit development district, provided that the spirit and intent of this section are complied with in the final development plan. The city may determine that certain setbacks and building heights be required within all or a portion of a PUD and in all cases the height specified in the base-zoning district should be used as a guide for building with the PUD.

(11)

Noise attenuation. Noise attenuation shall be enforced and regulated as provided per the manufacturing/processing performance standards found in division 2 of this article.

(Prior Code, § 23-199)

(a)

The owner of or any person having a contractual interest in, the property may file a planned unit development application.

(b)

Procedure. Application for a PUD district designation shall be pursuant to this article.

(c)

Sketch plan. Prior to filling a preliminary development plan, the applicant shall prepare a sketch plan of the proposed planned unit development for review by the city planner, and such other city department heads or referral agencies as may be required. Upon completion of the sketch plan review, the city planner shall provide the applicant written comments with respect to the proposal and shall also provide recommendations to assist the applicant in preparing a formal application for submittal.

(d)

Purpose. The sketch plan is intended to provide the applicant with an opportunity to submit a plan showing the basic concept, character and nature of the entire proposed planned development without becoming too highly involved in the preparation of detailed development plans. The sketch plan should include the following information:

(1)

Categories of uses to be permitted.

(2)

Overall maximum density of residential uses and intensity of nonresidential uses.

(3)

General location of vehicular and pedestrian circulation systems.

(4)

General location and extent of public and private open space.

(5)

General location of residential and nonresidential land uses.

(6)

Phasing of development

(Prior Code, § 23-200; Ord. No. 1365, 8-2005)

Application. In conjunction with a preliminary plat application, the applicant shall submit the following:

(1)

Completed application form including preapplication (sketch plan) check-off list.

(2)

Written statement detailing how applicable criteria have been addressed.

(3)

25 copies of the plans including all applicable information specified in the following section.

(4)

Quantitative data for dwelling units, lot coverage, densities, open space and land uses.

(5)

Sheet size 24 inches by 36 inches.

(6)

North arrow, date and engineer's scale as appropriate.

(7)

Vicinity map at 1½ mile radius.

(8)

Legal description of the subject property.

(9)

Total acreage.

(10)

Requested zoning district graphically shown with respective acreage, plus legal description for each zoning district.

(11)

Existing zoning in and adjacent to subject property.

(12)

Names and boundaries of adjacent subdivisions and streets.

(13)

Proposed lots with approximate dimensions and square footage.

(14)

Building envelope numbers if applicable.

(15)

Street layout.

(16)

Existing ROW in and adjacent to subject property.

(17)

Existing easements in and adjacent to subject property.

(18)

Proposed easements and their type in and adjacent to subject property.

(19)

Existing utility lines and sizes (including fire hydrants) in and adjacent to subject property.

(20)

Proposed major utility lines.

(21)

Proposed utility lines and sizes in and adjacent to subject property.

(22)

Existing and proposed curb cuts.

(23)

Traffic control plan where applicable.

(24)

All waterways and ditches in and adjacent to subject property.

(25)

Statement of how drainage will generally be handled.

(26)

Major street pattern indicating connections to existing streets.

(27)

Location and size of different land use areas specifying type and density/intensity of land use for each area.

(28)

Identification of areas where special buffering techniques will be utilized (perimeter and internal).

(29)

Existing type and location of structures and paved areas on the site.

(30)

Proposed type and location of structures and paved areas on the site.

(31)

Type and number of residential units.

(32)

Dimensioned parking area layout with parking spaces, drives, and backup areas dimensioned.

(33)

Exterior lighting location and specifications.

(34)

Trash-disposal area locations, specifications and screening.

(35)

Maximum height of all structures.

(36)

All areas to be dedicated for public use (parks, ROW, utility easements).

(37)

Approximate location of existing large trees 18 inches in diameter or larger.

(38)

Preliminary landscaping plan.

(39)

Land use table indicating percentage of land devoted to buildings, parking/drives, street rights-of-way, private open space, common open space, and public open space.

(40)

Phasing plan.

(41)

Landscaping plan.

(42)

Other circulation system elements such as pedestrian, greenways, and bicycle paths.

(43)

Proposed retention/detention (stormwater management plan).

(Prior Code, § 23-201)

(a)

The application for a PUD shall be subject to the following sequential three-step review process:

(1)

A preapplication conference;

(2)

A preliminary development plan submittal; and

(3)

A final development plan.

(b)

The preliminary and final development plans may be processed concurrently only if the planning director determines that the scale and scope of the project accommodates concurrent review.

(Prior Code, § 23-202)

(a)

A preapplication conference with the planning director or designee is required prior to application submittal. This conference shall take place when the applicant has defined concepts for the development proposal. The applicant shall be responsible for scheduling such conference. If deemed appropriate, the planning director or designee shall invite other city departments or professional consultant agencies to participate in this preapplication conference meeting.

(b)

The purpose of this conference is to:

(1)

Review and discuss the project concept, and to facilitate exchange of information between applicant and the city staff;

(2)

Refer the applicant to other departments or agencies to discuss significant issues prior to application submittal;

(3)

Determine required applications to be filed and provide applicant with application materials, information on submittal requirements, deadlines and projected time frame for review;

(4)

Obtain waiver of any applicant submittal requirements from the planning director.

(c)

Within two weeks of the date of the preapplication conference, the planning director or designee shall furnish the applicant with written comments regarding the conference to indicate whether or not the proposed PUD concepts appear to be in general conformance with the city's goals and policies, and to assist the applicant prior to preparation of the preliminary development plan application package.

(Prior Code, § 23-203)

The preliminary development plan application is intended to generate site plan information in the form of written statements and concept design plans in order to provide adequate information for review by city officials and consideration by the general public. The completed application shall be known as the preliminary development plan.

(1)

Application submittal. The applicant shall submit application materials, as outlined in section 117-217, to the planning department 30 days prior to the next regularly scheduled planning and zoning commission meeting. The application shall not be deemed accepted by the city until it is checked and found to be complete. Incomplete applications shall not be scheduled for planning and zoning commission review.

(2)

City staff review and resolution period. City staff shall act upon the proposal generally within 30 days of referral, preparing written comments for submission to the applicant. During this period, the applicant is encouraged to work with the various city departments and professional agencies to resolve concerns, revise plans to reflect resolution, and to assemble the appropriate documentation for unresolved issues.

(3)

Submittal of final revisions. The final revisions package, representing the applicant's final proposal for review by the planning and zoning commission (P/Z) and city council shall be submitted to the planning department a minimum of ten days prior to the regular P/Z meeting. Through the final revisions, issues shall be addressed by proposed solutions. Plans must be in final form and unresolved issues shall be ready for discussion. Written responses stating only that there has not been enough time to adequately address the issue shall mean that the item is not ready for P/Z evaluation and the item shall not be scheduled on the P/Z agenda.

(4)

The final revision package shall include 12 full-size copies of all documents and one reduced to 11 inches by 17 inches.

(Prior Code, § 23-204)

When all materials have been received and found complete prior to the deadline, the item shall be scheduled on the next regular P/Z meeting agenda. At that time, the applicant shall send notification to surrounding property owners and residents within 185 feet of subject property, the planning department shall cause legal notice to be published no later than seven days prior to the public hearing and post the property.

(1)

Staff recommendation. Staff shall then prepare written recommendations based on the applicant's final revisions package and the proposal's conformance to the applicable review criteria as outlines in section 117-215. The recommendation shall be forwarded to the planning and zoning commission, and a copy sent to the applicant.

(2)

Planning and zoning commission action. The P/Z commission shall hold a public hearing on the request. The commission shall evaluate the proposal based on technical accuracy of the materials, compliance with city regulations, policies and applicable review criteria. The commission shall make findings regarding the proposal's compliance with the applicable review criteria, and shall by resolution forward a recommendation of approval, approval with conditions, or denial to city council. The commission may also postpone the request if it finds that the proposal is not in an appropriate form for action.

(3)

City council action. Following P/Z action, the city council, at their next regularly scheduled meeting, shall hold a public hearing on the request. The council shall evaluate the proposal based on technical accuracy of the materials, compliance with city regulations, policies and applicable review criteria. The council shall make findings regarding the proposal's compliance with the applicable review criteria, and shall by resolution approve, approve with conditions, or deny the request. The council may also postpone the request if it finds that the proposal is not in an appropriate form for action.

(4)

Minor changes in the preliminary development plan. Minor changes in the approved preliminary development plan and its conditions of approval shall be subject to review, consideration and approval by the planning director. When the minor changes in the preliminary development plan involve a reduction or an addition of more than ten percent to the land area, density or open space areas, then the preliminary development plan shall be reviewed by the city council following the same process as outlined above.

(Prior Code, § 23-205)

Within a maximum of 12 months following the approval of the preliminary development plan, the applicant shall file with the planning director a final development plan for all or part of the planned unit development. At its discretion, and for good cause, the city council may extend for up to 12 months the period for filing the final development plan application. If the applicant fails to apply for final development plan approval for all or part of the planned unit development within one year, the approval of the preliminary development plan shall be revoked.

(1)

Final development plan. The final development plan application is intended for the review of additional items required by the city resulting from review of the preliminary development plan. If there were no additional items required by the P/Z commission or city council and all other items associated with the preliminary development plan have been addressed, the applicant shall be eligible for administrative approval of the final development plan. The completed application shall be known as the final development plan.

(2)

Application requirements. The final development plan shall include all of the information required for the preliminary development plan in its finalized, detailed form, including:

a.

Any new items not submitted with the preliminary development plan;

b.

Any information demonstrating compliance with the conditions of approval of preliminary development plan;

c.

Any required preliminary/final subdivision plats;

d.

Any required dedication documentation and/or agreements associated with the installation of public improvements;

e.

Any additional, relevant and reasonable information as may be required by the planning director, planning and zoning commission, or city council to evaluate the character and impact of the proposed PUD.

(3)

Final development plan approval procedures; preapplication conference. A preapplication conference with a member of the planning staff is required prior to application submittal. The purpose of the conference is to:

a.

Review conditions of preliminary development plan approval;

b.

Discuss submittal materials; and

c.

Discuss submittal dates and projected time frames for review.

(4)

Application submittal. The applicant shall submit all application materials, as outlines above, in one package to the planning director or designee. The city shall not accept the application package until it is checked and found to be complete. Incomplete application packages shall not be scheduled for staff review and shall be returned to the applicant. Once accepted, the materials will be referred to the appropriate city departments and private consulting agencies for review.

(5)

Review and resolution period.

a.

Staff shall act upon the proposal, generally within 30 days of referral, preparing written comments for submittal to the applicant. During this period, the applicant is encouraged to work with the various departments to resolve concerns, revise plans to reflect resolution and to assemble the appropriate documentation for unresolved issues.

b.

After such review, the planning director shall determine if staff may approve the request or if it must be forwarded for public hearing and action to the city council. Staff is not required to approve any application.

c.

An application which meets the following three guidelines shall be considered for final approval by staff; otherwise, the application shall be forwarded to the city council. Applications forwarded to the city council shall follow the procedures outlined in this section.

1.

The final development plan is in substantial compliance with the preliminary development plan and shall not include the following:

(i)

Violation of any provision of this subpart;

(ii)

Varying the lot area standard of the preliminary development plan by more than ten percent;

(iii)

A reduction of more than ten percent of the area reserved for the common open space;

(iv)

An increase of the floor area proposed for nonresidential use by more than ten percent

(v)

Increasing the amount of total ground covered by buildings by more than ten percent

(vi)

Changes in density of more than ten percent

2.

All conditions of the preliminary development plan approval have been fully satisfied.

3.

All concerns of city staff and professional agencies have been fully satisfied.

(Prior Code, § 23-206)

City action on the proposal shall not become final unless the applicant has satisfied all conditions of approval within 12 months. Upon satisfaction and certification by the planning director, a record of the city's action shall be recorded with the county clerk and recorder's office in addition to a Mylar set of the final development plan.

(1)

Minor changes to the final development plan. Minor changes to the final development plan shall follow the procedures outlines for a final development plan. No minor change shall include any of the following:

a.

A change in the use or character of the development;

b.

An increase in overall coverage of structure;

c.

An increase in the intensity of the use;

d.

An increase in the problems of traffic circulation and public utilities;

e.

A reduction in approved open space;

f.

A reduction of off-street parking or loading space;

g.

A reduction in required pavement widths.

All changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open spaces, must be reviewed in accordance with the final development plan procedure, as outlined in this division.

(2)

Failure to begin development. If the final platting for at least first phase of development has not been approved by the city within 24 months from the final development plan approval date, such plan shall lapse and become null and void unless the application begins the review procedures to amend the final development plan prior to its expiration. If amended after the two-year period, the final development plan shall fully conform to current ordinances and standards.

(Prior Code, § 23-207)