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Attachment <br />b. <br />The Community Development Department shall finalize the ordinance to establish <br />the proposed overlay district for consideration by the Planning Commission and City <br />Council. <br />c. <br />The Planning Commission shall hold a public hearing on the proposed Overlay <br />District ordinance and Final PUD Plans, and shall submit a recommendation to the <br />City Council for consideration. Because a PUD Concept Plan was previously <br />s recommendation shall only focus on whether <br />the Ordinance and PUD Final Plan are in substantial compliance with the Preliminary <br />PUD Plan and the required conditions of approval. <br />d. <br />The City Council shall then consider the recommendations of the Community <br />Development Department, the public, and the Planning Commission; and make a <br />decision of approval or denial, in whole or in part, on the PUD Final Plan. A denial <br />shall only be based on findings that a PUD Final Plan is not in substantial compliance <br />with the approved PUD Concept Plan and/or the required conditions of approval. <br />e. <br />As a condition of PUD Final Plan approval, publication of the overlay district <br />ordinance shall be required prior to filing of the approved final plat. <br />f. <br />Planned Unit Development Agreement. <br />i.At its sole discretion, the City may as a condition of approval, require the owner <br />and developer of the proposed PUD to execute a development agreement which <br />may include but not be limited to all requirements of the PUD Final Plan. <br />ii.The development agreement may require the developers to provide an <br />irrevocable letter of credit in favor of the City. The letter of credit shall be <br />provided by a financial institution licensed in the state and acceptable to the City. <br />The City may require that certain provisions and conditions of the development <br />agreement be stated in the letter of credit. The letter of credit shall be in an <br />amount sufficient to ensure the provision or development of improvement called <br />for by the development agreement. <br />g. <br />As directed by the City, documents related to the PUD shall be recorded against the <br />property. <br />1214 <br />Page of <br /> <br />