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<br />for the particular PUD. <br /> <br />i 156.256 ACTION ON FINAL APPLICATION. <br /> <br />(A) Procedure for action by the Planning and Zoning Commission and the Council <br />on an application for review and approval of the fmal plan for a PUD shall be the same as <br />prescribed by this subchapter for the action on the preliminary proposal. In giving <br />approval, the Council may specify the length of time within which construction of the <br />project must be begun or completed, and it may attach other conditions as seem <br />necessary. The final development plan shall be in general conformance with the <br />preliminary development plan as approved. <br /> <br />(B) (1) Criteria for approval. The fmdings necessary for approval of both the <br />preliminary and final development plans shall be based on the following and describe in <br />what respect the plan would or 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 <br />within its own boundaries; <br /> <br />( c) The proposed uses will not be detrimental to present and future land <br />use in the surrounding area; <br />(d) Any exceptions to the standard requirements of the zoning and <br />subdivision chapters are justified by the design of the development; and <br /> <br />(e) The plan will not create an excessive burden on parks, schools, streets <br />and other 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 <br />in substantial compliance with the preliminary development plan, the Zoning <br />Administrator shall notify the applicant within 45 days of the date of application, setting <br />forth the ways in which the plan is not in substantial compliance. <br /> <br />(a) The applicant may treat the notification as denial of preliminary <br /> <br />approval; <br /> <br />(b) The applicant may refile his or her plan so that it does substantially <br />comply with the outline development plan; or <br /> <br />(c) The applicant may file a written request with the Planning and Zoning <br />Commission that it hold a public hearing on his or her request for final approval. Any <br />hearing shall be held within 30 days after the request for the hearing. Within 45 days of <br />the hearing, the Planning and Zoning Commission shall either grant or deny preliminary <br />approval to the plan. <br /> <br />61 <br />