(a) Equivalency Standard. In reviewing an application, the Planning Commission may find that a development plan either adheres to or is equivalent to the requirements of the Planning and Zoning Code.
(1) The Planning Commission may consider features of a development plan to be equivalent to a requirement in the Planning and Zoning Code if:
A. The development plan substantially complies with the specific requirements and the purposes, intent and objectives of the zoning district;
B. Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features shown on the plans, the proposal results in a development with features equivalent to or greater than the municipal standards and requirements; and
C. The development has no significant adverse impact upon the surrounding property or upon the health, safety or general welfare of the City residents.
(2) The applicant shall submit a written statement to the Planning Commission explaining how the equivalency requirements of this section have been satisfied. The Planning Commission shall state and explain in the Announcement of Decision how the proposal has satisfied the equivalency criteria. The Planning Commission may approve the application, including waivers from the municipal standards herein, if the application otherwise complies with municipal standards, specifications, ordinances and requirements of the Planning and Zoning Code.
(3) Approval of equivalent requirements is not a variance. This section allows the applicant to satisfy a requirement in a manner not anticipated by the City.
(4) The first meeting of the Planning Commission at which the applicant presents a proposal with equivalent standards or requirements shall be devoted to the discussion of the merits and deficiencies thereof. The Planning Commission shall act upon the proposal at a subsequent meeting.
(b) Project Phasing. The development plan for each phase of a multi phased development shall comply with the Planning and Zoning Code upon completion of each phase. A Final Development Plan may include all, or part, of a previously approved Preliminary Plan. A Construction Documents Submittal may include all or part of an approved preliminary and final development plan. The Planning Commission may impose conditions on its approval of the division of a development into two or more construction phases.
(Ord. 3273. Passed 5-9-24.)