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70/7/Z478 UMiHed documerd (2) An approved final development plan shall become for the proposed development a binding commiqnent of the specific elements approved for development. The approved final development plan may be transferred to another person, corporation or group of individuals or corporations who shall be subject to all requirements set fnrth in the approved plans. All construction and development under any zoning certificate shall be in accordance with tiie approved final development plan. Any depariure from such plan shall be a violation of these regulations. (3) Any changes in an approved preliminary development plan or final development plan shall be resubmitted for approval in accordance with Section 1159.10. (j) F? i alen y Consideration. In reviewing the application, the Planning and Zoning Commission may find that a final development plan is equivalent to the requirements of this Zoning Code even though such development plans are not in sirict compliance with the numerical requirements therein. {1} In making such findings, the Planning and Zoning Commission may determine that elements of a final development plan azc equivalent to a numerical requirement: A. When the proposed fmal development plan substantially complies with all specific requirements and with the purpose, intent and basic objectives of the zoning district; B. When through ima.ginative and skillful design in the arrangement of buildings, open space, streets, access drives, and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that wluch could be achieved tlunugh strict application of such standards and requirements; and C. When the development, as propQSed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community. (2) When evaluating the application with respect to this subsection, the Planning and Zoning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria When maldng such finding, the Cammission tnay approve the proposed application, including waivers from the numerical standards herein, as if the applicarion were in strict compliance with the standards and requirements in this Zoning Code. (k) ?gnroval by Villaee Council. The Village Council shall review the fmal development plan as approved by Planning and Zoning Commission. Any modifications required bq Council shall be submitted for approval prior to start of construction. (Ord. 2003-02. Passed 4-21-03.) ' http:pwhdrane.conwaygreene.comlpsewslapVpselprint?rod host=whdrane.conwaygreene.com&nxtt path=%2FNXT%2Fgeteway.dll°/a2F1734962F1318... 7R