The preliminary development plan shall be submitted to the Planning Commission for study and review to determine whether the plan conforms with the provisions of the regulations set forth in this section, or how it may be revised to conform therewith.
If the preliminary development plan, together with any modifications thereof proposed by the developer, is found by the Commission to be in accord with the requirements of this chapter, it shall approve such plan within two months from the date of the meeting when all required plans and data were received; if not found to be in agreement therewith, the Commission shall recommend revisions to be made by the developer.
The Commission, in reviewing the proposed preliminary development plan for conformity to the provisions of this Planning and Zoning Code, shall construe the provisions liberally and it may make adjustments to certain yard and area requirements and other standards if it finds, because of skillful design in the arrangement of buildings, the layout of driveways, on-site circulation and parking areas, the design of landscaping or other site features, that functional, efficient and attractive buildings and sites, openness and other amenities will be attained and that the intent and purposes of the provisions are satisfactorily fulfilled. On the other hand, where a literal application of the provisions would result in a development which would not be satisfactory for the district, the Commission may require adjustments in the preliminary development plan, such as improvements to the design and arrangement of buildings, yards, on-site circulation, control of access to streets and such other features as fences and planting, to further improve the proposed development and to protect the surrounding developments.
Upon approval of a preliminary development plan, the developer may prepare a final development plan and submit it to the Commission. If the proposed final development plan is found to comply with, and represents a detailed expansion of, the preliminary development plan, as previously approved, and complies with any conditions which may have been imposed in the approval of the preliminary plan, and complies with all applicable provisions of this chapter, the plan shall be approved within forty-five days from the date of the meeting when all required plans and data were received. Upon recommendation of the final development plan by the Commission, and approval by Council, the developer may then apply for a building permit which shall be issued by the Building Division if the final development plan is found to comply with the Building Code and other applicable regulations of the City.
(Ord. 2005-141. Passed 10-18-05.)