SECTION II
A. Authority. The authority for this Development Guide is Section XIV (P.D. Planned Development) of the Douglas County Zoning Resolution, November 15, 1982. The authority for Section XIII of the Douglas County Zoning Resolution is the Planned Unit Development Act of 1972.
B. Adoption. Upon adoption of the guidelines, standards and review procedures set forth in this Development Guide by the Douglas County Board of County Commissioners, this Development Guide shall become the governing document for review, approval and modification of all issues and activities within Castle Pines North.
C. Enforcement. All provisions of this Development Guide shall run in favor of the residents, occupants and owners of land within Castle Pines North to the extent expressly provided in this Development Guide and in accordance with its terms and conditions, and shall be enforceable, at law or in equity, by Douglas County without any limitation on any power or authority otherwise granted by law.
D. Process for Amending Development Plan. The Castle Pines North Development Plan (The Master Plan) is the map which depicts location of land uses and proposed densities. As Castle Pines North develops, changes will need to be made in planning area boundaries, land uses and densities. These changes need to be shown on Amended Development Plans which are recorded at Douglas County. Therefore, the process for amending the Development Plan shall be the following:
1. The Castle Pines Land Company may amend, alter or modify the Castle Pines North Development Plan by making application to the Douglas County Planning Director. The Douglas County Planning Director shall make the determination after submittal if the requested amendment is a "Minor Adjustment" or a "Major Adjustment." The basic criteria that the Planning Director shall use for his determination is as follows:
The requested Amendment to the Development Plan may be Minor in nature if the applicant can document in writing to the Planning Director that:
a. Such Amendment to the Development Plan does not involve land use or Planning Area boundary changes to more than ten percent (10%) of the overall Development Plan.
b. Such Amendment to the Development Plan does not involve changes to the number of dwelling units, or development types or standards to Planning Areas R-l, R-2, R-14 or R-17. Any request to change these elements shall be considered a Major Adjustment.
c. Such Amendment to the Development Plan does not involve Density Transfers from one Planning Area to another which is in excess of that allowed by the Development Guide. Any request to increase the density within a Planning area beyond the maximum allowed shall be considered a major Adjustment.
d. Such Amendment to the Development Plan does not substantially alter the overall Traffic Circulation Plan. Re-adjustment of roadways and changes in collector roads may be considered Minor Adjustments.
e. Such Amendment to the Development Plan does not involve changes to open space, school sites or the Major Drainage Corridors.
The Planning Director shall not have the authority to approve inclusion or exclusion of lands to the Development Plan.
Any adjustment request, Minor or Major, shall be subject to the current Douglas County review fees at the time of submittal.
2. Minor Adjustment Procedure: If the Planning Director has determined that the requested Amendment is a Minor Adjustment to the Development Plan, he may refer this Submittal with the proposed Adjustment to any referral agency which he feels necessary for their review and comment. However, the entire period for review of a Minor Adjustment shall not exceed 30 days.
When the Minor Adjustment to the Development Plan is approved by the Planning Director, a new Development Plan shall be prepared and recorded. The Plan shall be noted as an Amended Plan and dated. The Plan will also bear the Planning Director's signature.
3. Major Adjustment Procedure: If the Planning Director has determined that the requested Amendment does not meet the above criteria, it shall be deemed Major and the applicant shall be required to process the Amendment through the Planning Department, Planning Commission and the Board of County Commissioners. The procedure for an approval of a Major Adjustment shall be the same as the procedure being required for the adoption of a new Development Plan.
When the Major Adjustment has been approved by County Resolution, a new Development Plan shall be prepared and recorded. The Plan shall be noted as an Amended Plan and dated. The Plan will also bear the County Commissioner's signature.
E. Process for Amending Development Guide: This Development Guide establishes standards, variations and requirements for Castle Pines North Planned Development. These standards may or may not be the same as the standards and practices outlined by the Douglas County Zoning Resolution. The process for amending this Development Guide shall be the following:
1. The Castle Pines Land Company may amend, alter, modify, delete or add to this Development Guide by making application to the Douglas County Planning Director. The Douglas County Planning Director shall make the determination after submittal if the requested amendment is a "Minor Adjustment" or a "Major Adjustment," The basic criteria that the Planning Director shall use for his determination is as follows:
The Requested Amendment to this Development Guide shall be Minor in nature if the applicant can document in writing to the Planning Director that such adjustment shall not impact more than ten percent (10%) of the following elements:
a. Location, setbacks, lot sizes or overall coverage of structures.
b. Overall Traffic Circulation Plan.
c. The major drainage system and Erosion Control Plans.
d. The established Castle Pines North Sign Standards (Section VIII)
e. The established Castle Pines North Roadway and Parking Standards (Section VII)
f. The approved overall Landscape Plan for Castle Pines North .
items "C” and “E” should also be reviewed by the Engineering Department.
However, the Planning Director shall not have the authority to approve by Minor Adjustment total Project density increases or changes to County dedicated open space nor shall he approve inclusion of additional lands to the P.D. or affect any conditions imposed on the Plan by the Board of County Commissioners. Density transfers from one planning area to another can be handled by a Minor Adjustment provided they are allowed by this Development Guide.
Any adjustment request, Minor or Major, shall be subject to the current Douglas County review fees at the time of Submittal.
2. Minor Adjustment Procedure: If the Planning Director has determined that the requested Amendment is a Minor Adjustment to this Development Guide, he may refer the Submittal with the proposed adjustments to any referral agency which he feels necessary for their review and comment. However, the entire period for review of a Minor Adjustment shall not take more than 30 days.
When the Minor Adjustment to this Development Guide is approved by the Planning Director, the Approval Document shall be recorded as an Amendment to the previously recorded Development Guide.
3. Major Adjustment Procedure: If the Planning Director has determined that the requested Amendment does not meet the above criteria, they shall be deemed Major and the applicant shall be required to process the Amendment through the Planning Department, Planning Commission and the Board of County Commissioners. The procedure of an approval of a Major Adjustment shall be the same as the procedure being required for the adoption of a new Development Guide.
F. Addition of Land Rezoning: The Castle Pines Land Company may make application to extend the provisions of this Development Guide to additional parcels of land which shall be contiguous to Castle Pines North and under the control of the Castle Pines Land Company. Such application shall be made in conjunction with an application to rezone the property and include it within Castle Pines North. Such addition of land shall cause the legal description (Section IX) to change. A copy of the revised legal description shall be made available to the Douglas County Planning office at the time of the addition of new land.
