Development Limitations. The permissible uses on the Subject Properties are those permitted in the County Code. The Project shall be developed as a planned unit development (PUD) pursuant to the County Code.1 The Project will contain a mix of housing types and commercial/retail uses. The development requirements of the Project, such as setbacks, lot area, building height, green area, lighting, and parking, will be subject to the provisions and limitations set forth in the County Code and other applicable provisions of Chapter 19 (Zoning) of the County Code. The Subject Properties shall be developed in accordance with a PUD Phase II Plan that will be substantially similar to the Phase I Concept Plan and, to the extent applicable, the Revised Phase II Plan, and other Development Approvals that are required pursuant to the County Code, which Development Approvals shall be based 1 The County Code was amended in 2010 such that the PUD provisions were repealed and a new section, Planned Development Residential (“PDR”) was established. The County Code was further amended in 2011 to restore the PUD replacing all references to “PDR” with “PUD”. These changes are now reflected in Division 5 of Chapter 1-19 (Section 1-19-10.500, et seq.) of the County Code. The BOCC and the Developer agree and hereby acknowledge that those sections of the PUD having a valid Phase II PUD approval prior to the date of this Agreement shall be developed under the applicable PUD statutory requirements and development standards in place at the time of the Development Approvals, a copy of which is attached hereto as EXHIBIT 4, unless Developer and the County’s Division of Community Development Planning and Zoning staff mutually agree that current PUD regulations set forth in Section 1-19-10.500, et seq. of the County Code shall apply. Those portions of the PUD that were downzoned and subsequently rezoned in 2012 shall be developed under the revised PUD standards reflected in Section 1-19-10.500, et seq. of the County Code. upon the terms and conditions of this Agreement. Setbacks, building heights and other development standards shall be as established by the Development Approvals and applicable sections of the County Code. A. Total density of residential development on the undeveloped portions of the Subject Properties shall not exceed, collectively, 3,235 residential dwelling units. Existing recorded lots on the Subject Properties shall be in addition to the 3,325 proposed dwelling units. Individual sections of the Project shall be subject to the density caps set forth below; provided, however, that Developer reserves the right to transfer density between and among sections of the PUD, as described in subsection B below, so long as all applicable requirements of the County Code, including Adequate Public Facilities requirements, are satisfied, and in accordance with the terms and provisions of the APFO ▇▇▇. Such transfers shall not require an amendment to this Agreement. The total density of the PUD is consistent with the Comprehensive Plan, and any minimum or maximum density requirement set forth in the Comprehensive Plan, except as may be specified otherwise therein, shall apply to the entire PUD and not to individual sections. ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ 150 Miscellaneous* 200 * Not more than a total of 200 lots may be developed in the Eaglestream, Nightingale, Aspen, Balmoral, Pinehurst, Vistas of Pinehurst sections of the Project, and the 3.5-acre portion of Indian Caves that parallels Indian Head Lane. Distribution of lots within these sections shall be subject to Planning Commission approval during the preliminary plan review process. B. Developer may, from time to time, request revisions to the dwelling unit mix outlined in the above table, including revision of the unit mix within a particular section of the PUD or the transfer of dwelling units or commercial density from one section of the PUD to another section of the PUD, provided that such transfers are consistent with the Comprehensive Plan, the Phase I Concept Plan, and the Revised Phase II Plan, as applicable, and provided that all applicable County laws and regulations, including, but not limited to, Section 1-20-9 of the APFO, are met. Developer agrees to pay any adjusted School Construction Fee amounts resulting from a change in unit types; subject to final site plan approval of all proposed uses, and an Amendment to this APFO ▇▇▇ shall be executed by the Developer and approved by the ▇▇▇▇▇▇▇▇▇ County Planning Commission. C. The commercial development on the Subject Properties will not exceed 400,000 square feet; provided, however, that only 200,000 square feet has been tested for APFO approval as of the date of execution of this Agreement as set forth in the APFO ▇▇▇. D. Setbacks, building size and other development standards shall be as approved by the Planning Commission in accordance with the Development Approvals and applicable sections of the County Code. The maximum height for residential units in the PUD shall be 50 feet for single family structures and 120 feet for multifamily structures. The maximum height for non-residential structures in the PUD shall be 120 feet. The final height of all structures shall be determined by the Planning Commission at the time of preliminary plan or site plan review process. E. As part of PUD Execution Plans for each section of the Project, Developer shall submit specific Project Community Design Guidelines based on the applicable ▇▇▇▇▇▇▇▇▇ County Community Design Guidelines and Development Principles. F. Public facilities (such as institutional uses, including fire stations and libraries), are permitted in the Town Center section of the Project, and such facilities shall not be included in the square feet calculation described in Section 2.3.C above. If the Developer is responsible for construction of any public facilities, then Developer shall be required to meet APFO requirements for these public facilities. If the County or a third party is responsible for construction of public facilities, then Developer shall not be required to meet APFO requirements for these public facilities.
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Development Limitations. The permissible uses on the Subject Properties are those permitted in the County Code. The Project shall be developed as a planned unit development (“PUD”) pursuant to Section 1-19-321 of the County Code.1 Code. The Project will contain a mix of housing types and commercial/retail uses. The development requirements of the Project, such as setbacks, lot area, building height, green area, lighting, and parking, will be subject to the provisions and limitations set forth in Section 1-19-321 of the County Code and other applicable provisions of Chapter 19 (Zoning) of the County Code. The Subject Properties shall be developed in accordance with a Revised PUD Phase II Plan that will be substantially similar to for the Phase I Concept Plan andProject approved by the Planning Commission on January 14, to 2004, and signed on October 26, 2007 (the extent applicable, the "Revised Phase II Plan"), and other Development Approvals that are required pursuant to the County Code, which Development Approvals shall be based 1 The County Code was amended in 2010 such that the PUD provisions were repealed and a new section, Planned Development Residential (“PDR”) was established. The County Code was further amended in 2011 to restore the PUD replacing all references to “PDR” with “PUD”. These changes are now reflected in Division 5 of Chapter 1-19 (Section 1-19-10.500, et seq.) of the County Code. The BOCC and the Developer agree and hereby acknowledge that those sections of the PUD having a valid Phase II PUD approval prior to the date of this Agreement shall be developed under the applicable PUD statutory requirements and development standards in place at the time of the Development Approvals, a copy of which is attached hereto except as EXHIBIT 4, unless Developer and the County’s Division of Community Development Planning and Zoning staff mutually agree that current PUD regulations set forth in Section 1-19-10.500, et seq. of the County Code shall apply. Those portions of the PUD that were downzoned and subsequently rezoned in 2012 shall be developed under the revised PUD standards reflected in Section 1-19-10.500, et seq. of the County Code. upon the terms and conditions of modified by this Agreement. SetbacksDeveloper shall submit a 2008 DRRA Revised Phase II Plan to conform to this Agreement, building heights in accordance with Section 5.3 below, to be reviewed and other development standards shall be as established approved by the Development Approvals and applicable sections of the County CodePlanning Commission.
A. Total density of residential development on the undeveloped portions of the Subject Properties shall not exceed, collectively, 3,235 residential dwelling units. Existing recorded lots on the Subject Properties shall be in addition to the 3,325 proposed dwelling units. Individual sections of the Project shall be subject to the density caps set forth below; provided, however, that Developer reserves the right to transfer density between and among sections of the PUD, as described in subsection B below, so long as all applicable requirements of the County Code, including Adequate Public Facilities requirements, are satisfied, and in accordance with the terms and provisions of the APFO ▇▇▇. Such transfers shall not require an amendment to this Agreement. The total density cap and the density caps in each section set forth below do not include existing recorded lots owned by Developer and lots created by Developer as a result of transfer of pre-existing APFO recorded lots pursuant to a Memorandum of Understanding between Land Stewards, L.C., the PUD is consistent with the Comprehensive PlanPlanning Commission, and any minimum or maximum density requirement set forth in the Comprehensive PlanBOCC dated June 28, except as may be specified otherwise therein, shall apply to the entire PUD and not to individual sections2005. Section Maximum Allowable Number of Units∗ Alpine 125 Hamptons** - Active Adult ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ *** ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ 150 Miscellaneous– Active Adult 250*** 200 Town Center – Non-age restricted 1,500** Not more than a total Westridge/Woodridge 225 Miscellaneous Areas 285
B. Summary sheets showing the projected percentages of 200 lots may be developed in the Eaglestream, Nightingale, Aspen, Balmoral, Pinehurst, Vistas of Pinehurst unit type mixes for various sections of the Project, Project and the 3.5-acre portion other “key drivers” necessary for development of Indian Caves that parallels Indian Head Lane. Distribution of lots within these sections shall be subject to Planning Commission approval during the preliminary plan review process.
B. Developer may, from time to time, request revisions to the dwelling unit mix outlined in the above table, including revision of the unit mix within a particular each section of the PUD or Project are attached hereto as EXHIBIT 3-A, and made a part hereof. The parties acknowledge that the transfer of dwelling units or commercial density from one key drivers are included as information and may change as Phase III plans for each section of the Project are developed. A table showing the estimated build-out timeline for various sections of the Project is attached hereto as EXHIBIT 3-B, and made a part hereof. Final determination of infrastructure needs and timing of development will be made at the time of APFO and Phase III PUD to another Plan approvals for each section of the PUD, provided that such transfers are consistent with the Comprehensive Plan, the Phase I Concept Plan, and the Revised Phase II Plan, as applicable, and provided that all applicable County laws and regulations, including, but not limited to, Section 1-20-9 of the APFO, are met. Developer agrees to pay any adjusted School Construction Fee amounts resulting from a change in unit types; subject to final site plan approval of all proposed uses, and an Amendment to this APFO ▇▇▇ shall be executed by the Developer and approved by the ▇▇▇▇▇▇▇▇▇ County Planning CommissionProject.
C. The commercial development on the Subject Properties will not exceed 400,000 200,000 square feet; provided, however, that only 200,000 square feet has been tested for APFO approval as of the date of execution of this Agreement as set forth in the APFO ▇▇▇.
D. Setbacks, building size The total number of Moderately Priced Dwelling Units (“MPDUs”) in the Project will be twelve and other development standards shall be as approved by the Planning Commission in accordance with the Development Approvals and applicable sections one-half percent (12.5%) of the County Code. The maximum height for total number of residential units in the PUD shall Project, up to a maximum of 405 MPDUs. They will be 50 feet dispersed throughout the Project in the Hamptons, Town Center, Alpine and Woodridge sections of the Project and will be limited to townhouses and multi-family, including “2 over 2” units. The estimated mix of unit types for single family structures MPDUs in each section of the Project is set forth on EXHIBIT 3-A.
E. The Hamptons section of the Project may record a maximum of 200 lots per year (cumulative) so long as the Project is in compliance with all conditions and 120 feet requirements of this Agreement and the APFO Approval for multifamily structures. the Hamptons section of the Project.
F. The maximum height for nonof multi-residential family structures in the PUD Project shall be 120 feet. The final height of all structures shall be determined by the subject to Planning Commission at review and approval of such structures as part of the time of preliminary plan or site plan review processprocess pursuant to Section 1-19-321 (C)(3) of the ▇▇▇▇▇▇▇▇▇ County Zoning Ordinance. ∗ Subject to Phase III/Preliminary Plat approval. ** The Active Adult section of the Project on the north and south sides of Gas House Pike has often been referred to as “Heritage Ridge,” and is now referred to in this Agreement as “Hamptons;” however, this name may change in the future. *** These numbers reflect the transfer of 250 age-restricted units from the Hamptons section of the Project to the Town Center Active Adult section.
E. G. As part of the 2008 DRRA Revised Phase II Plan (described in Section 5.3 below), Developer shall submit conceptual Project Community Design Guidelines based on the applicable ▇▇▇▇▇▇▇▇▇ County Community Design Guidelines and Development Principles. As part of PUD Execution Phase III Plans for each section of the Project, Developer shall submit specific Project Community Design Guidelines based on the applicable ▇▇▇▇▇▇▇▇▇ County Community Design Guidelines and Development Principles. Developer hereby agrees to comply with the Project Community Design Guidelines to be approved by the Planning Commission.
F. H. Public facilities (such as institutional uses, including fire stations and libraries), are permitted in the Town Center section of the Project, and such facilities shall not be included in the 200,000 square feet calculation described in Section 2.3.C above. If the Developer is responsible for construction of any public facilities, then Developer shall be required to meet APFO requirements for these public facilities. If the County or a third party is responsible for construction of public facilities, then Developer shall not be required to meet APFO requirements for these public facilities.
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