Agenda - Parks and Recreation Commission - 12/13/2001

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a. Amendment to the approved Final Plan of the Planned Unit Development by the City Council in the same manner as required for approval of a Planned Unit Development. b. Vacation of the approved Planned Unit Development by the City Council after notice and public hearing in the same manner as required for approval of the Planned Unit Development. The Council may further condition the vacation of a Planned Unit Development in order to better protect the public health, safety and welfare. Subd. 15. Annual Re~ew. The Planning Commission shall review all Planned Unit Developments within the City at least once each year until such developments are completed and shall make a report to the City Council on the status of each of the Planned Unit Developments. If the City Council finds that development has failed to meet the approved development schedule or any development conditions, the City Council may act to remove the subject Planned Unit Development District classification by initiating rezoning to the underlying or a more appropriate zoning district classification. Such action shall be taken after required notice and public hearing and shall require the affirmative vote of two thirds (2/3) of the City Council. Upon recommendation of the Planning Commission and for good cause shown by the property owner, the Council may extend the limits of the development schedule. Subd. 16. Automatic Termination. Upon expiration of the specific time period approved by the City for total development of a Planned Unit Development, the subject area shall become a permanent Planned ~Unit Development District, and the conditions, provisions and restrictions of the Final Development Plan shall continue to govern the use of the land. Provided, nevertheless, that if a Planned Unit Development is not completed within the required time period, the Planned Unit Development District Classification shall automatically terminate as to that portion of the district which has not been developed. The requirements and provisions of the underlying zoning classification in its entirety shall thereafter apply to the undeveloped area.. Any factual disputes arising under this subsection shall be presented to and determined by a majority vote of the City Council. Subd 17. Penalties for Violation. Each provision of this code is separable, and a judicial declaration of invalidity of any one provision thereof shall not invalidate the remainder. Any person who shall violate any of the provisions of this code shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment for not more than 90 days, or both. -82- City of b~ver Grove Heights Draj? Zooming Regulatio~s February 2001 p. 96