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FINAL ORDINANCE NO. 08-070
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FINAL ORDINANCE NO. 08-070
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construction which has taken place on the site. If they find that the rate of <br />construction of dwelling units is greater than the rate at which common open <br />spaces, site amenities and public and recreational facilities have been <br />constructed and provided, they shall forward this information to the City <br />Council for action. <br />D. Guarantees. A financial guarantee or letter of credit shall be required to <br />guarantee performance by the developer. The amount of this guarantee or <br />letter of credit, and the specific elements of the development program that it <br />is intended to guarantee, will be stipulated in the development agreement. <br />E. Changes during development period. <br />1. Minor changes in the location, placement and height of structures may be <br />authorized by the Development Review Committee if required by <br />engineering or other circumstances not foreseen at the time the final plan <br />was approved and filed with the Planning Director. <br />2. Changes in uses, any rearrangement of lots, blocks and building tracts, <br />changes in the provision of common open spaces, and all other changes to <br />the approved final development plan may be made only under the <br />procedures for zoning amendments, Article 3. Any changes shall be <br />recorded as amendments to the recorded copy of the final development <br />plan. <br />F. Rezoning to original district. If substantial development has not occurred <br />within a reasonable time after approval of the PUD Zoning District, the City <br />Council may instruct the Planning Commission to initiate rezoning to the <br />original zoning district. It shall not be necessary for the City Council to find <br />that the rezoning was in error. <br />§154.807 Control of Planned Unit Development Following Completion <br />A. Final development plan controls subsequent use. After the certificate of <br />occupancy has been issued, the use of the land and the construction, <br />modification or alteration of any buildings or structures within the planned <br />development shall be governed by the final development plan. <br />B. Allowed changes. After the certificate of occupancy has been issued, no <br />changes shall be made in the approved final development plan except upon <br />application as provided below: <br />1. Any minor extensions, alterations or modifications of existing buildings or <br />structures may be authorized by the Development Review Committee if <br />they are consistent with the purposes and intent of the final plan. No <br />change authorized by this Section may increase the cubic volume of any <br />building or structure by more than ten percent. <br />2. Any building or structure that is totally or substantially destroyed may be <br />reconstructed only in compliance with the final development plan unless an <br />amendment to the final development plan is approved under this chapter. <br />9
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