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<br />121 <br /> <br />protection of the development and any of its common open areas; and <br /> <br />(3) Other conditions specifically required by the Commission and the Council for the <br />particular PUD. <br /> <br />~ 154.256 ACTION ON FINAL APPLICATION. <br /> <br />(A) Procedure for action by the Planning and Zoning Commission and the Council on an <br />application for review and approval of the final plan for a PUD shall be the same as prescribed by this <br />subchapter for the action on the preliminary proposal. In giving approval, the Council may specify the <br />length of time within which construction of the project must be begun or completed, and it may attach <br />other conditions as seem necessary. The final development plan shall be in general conformance with <br />the preliminary development plan as approved. <br /> <br />(B) (1) Criteriafor apprava/. The findings necessary for approval of both the preliminary and <br />fmal development plans shall be based on the following and describe in what respect the plan would or <br />would not be in the public interest. <br /> <br />(a) The plan does not conflict with the city comprehensive plan; <br /> <br />(b) The plan is designed to form a desirable and unified development within its own <br /> <br />boundaries; <br /> <br />(c) The proposed uses will not be detrimental to present and future land use in the <br />surrounding area; <br />(d) Any exceptions to the standard requirements of the zoning and subdivision chapters <br />are justified by the design of the development; and <br /> <br />(e) The plan will not create an excessive burden on parks, schools, streets and other <br />public facilities and utilities which serve or are proposed to serve the PUD. <br /> <br />(2) Noncompliance. In the event the plan as submitted for fmal approval is not in substantial <br />compliance with the preliminary development plan, the Zoning Administrator shall notify the applicant <br />within 45 days of the date of application, setting forth the ways in which the plan is not in substantial <br />compliance. <br /> <br />(a) The applicant may treat the notification as denial of preliminary approval; <br /> <br />(b) The applicant may refile his or her plan so that it does substantially comply with the <br />outline development plan; or <br /> <br />(c) The applicant may file a written request with the Planning and Zoning Commission <br />that it hold a public hearing on his or her request for fmal approval. Any hearing shall be held within <br /> <br />121 <br />