Within ninety days after its filing with the Village Clerk, the Planning Commission shall evaluate the preliminary plan and furnish to Council its report and recommendations with respect thereto. The report of the Commission shall include a finding either that the preliminary plan is in accordance with the objectives and purposes of this Code and complies with the applicable regulations, standards and criteria prescribed by this Code or a finding of any failure of such compliance and a recommendation that the preliminary plan be approved, disapproved or modified.
With respect to a specific development proposal, if the Commission finds that the proposed development substantially complies with all specific requirements and with the purposes, intent and basic objectives of this Code and the Village Plan, and which, through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, shall result in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements and that the proposed development shall have adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community, the Commission may act upon the proposed applications as if in compliance with the standards and requirements set forth in this Code and recommend to Council that any necessary adjustment or variation from the specific requirements of this Code be granted.
Approval of the preliminary plan for a planned residential development area by the Commission shall constitute approval of the preliminary plat for the proposed development if subdivision approval procedures are required as set forth in Chapter 1133.
The preliminary plan together with ten copies of the report of the Commission shall be filed with the Village Clerk for submission to Council. Council shall set a date for a public hearing on the preliminary plan and the report of the Commission thereon and give thirty days notice of the time, place and purpose of such hearing:
(a) By publication in a newspaper of general circulation in the Village; and
(b) By mailing such notice by first class mail to the owners of property contiguous to and directly across the street from the development area. Failure of delivery of such mail notice shall not invalidate the proceedings. The preliminary plan and the report of the Commission thereon shall be on file in the office of the Village Clerk during such thirty-day period.
(Ord. 2242. Passed 7-13-81.)
(Ord. 2242. Passed 7-13-81.)