Limited Development Area. a. Land within the Carolina North Tract that is not included in either a conservation area defined by Section 5.5.1 of this Agreement or within the long-term development area defined by Section 5.5.3 of this Agreement is designated as a “limited development area.” The limited development area comprises approximately 408 acres. b. Except as specifically provided within this Agreement no development that involves the construction or use of a building shall be undertaken prior to July 1, 2059 within the limited development area. In addition, except as specifically provided within this Agreement, no development that involves the construction or use of a building shall be undertaken within the area identified as Area 6B (approximately 53 acres) in Exhibit E prior to July 1, 2109. This restriction on development within the limited development area shall not be applicable to uses identified as permitted uses for the U-1 zoning district. For the purposes of this section, the term “building” includes all structures or edifices covering a space of land, usually covered by a roof, more or less completely enclosed by walls, and used for habitation, shelter, storage, trade, manufacture, religion, business, education, or the like. c. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, then the restrictions identified in Section 5.5.2 of this Agreement for the limited development area shall extend for two and one-half (2.5) years for each year this Agreement was in effect. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, the restrictions identified in Section 5.5.2 of this Agreement for the area identified as Area 6B in Exhibit E shall extend for five
Appears in 3 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Limited Development Area. a. Land within the Carolina North Tract that is not included in either a conservation area defined by Section 5.5.1 G.5.1 of this Agreement or within the long-term development area defined by Section 5.5.3 G.5.3 of this Agreement is designated as a “limited development area.” The limited development area comprises approximately 408 acres.
b. Except as specifically provided within this Agreement no development that involves the construction or use of a building shall be undertaken prior to July 1, 2059 within the limited development area. In addition, except as specifically provided within this Agreement, no development that involves the construction or use of a building shall be undertaken within the area identified as Area 6B (approximately 53 acres) in Exhibit E on Map G-1 prior to July 1, 2109. This restriction on development within the limited development area shall not be applicable to uses identified as permitted uses for the U-1 zoning district. For the purposes of this section, the term “building” includes all structures or edifices covering a space of land, usually covered by a roof, more or less completely enclosed by walls, and used for habitation, shelter, storage, trade, manufacture, religion, business, education, or the like.
c. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor areaterm, then the restrictions identified in Section 5.5.2 G.5.2 of this Agreement for the limited development area shall extend for two and one-half (2.5) years for each year this Agreement was in effect. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor areaterm, the restrictions identified in Section 5.5.2 G.5.2 of this Agreement for the area identified as Area 6B in on Map G-1 attached to this Exhibit E shall extend for fivefive ( 5) years for every year this Agreement was in effect.
d. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager and shall only be undertaken in a manner consistent with the terms of this Agreement:
1) Roads with exterior connections (construction);
2) Roads with exterior connections (operation);
3) Work in any public right of way;
4) Surface parking areas with greater than 50 spaces; and,
5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section G.5.1 of this Agreement. In addition, within the Area identified as Area 6B on Map G-1, the land uses and activities undertaken prior to July 1, 2109 shall be consistent with those permissible under the conservation easement(s) provided for in Section G.5.1 of this Agreement. de. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be undertaken in a manner substantially consistent with the terms of this Agreement and the University shall include a report of all such activities undertaken in the previous year in the Annual Report required by Section G-26 of this Exhibit:
1) University chilled water, steam, electric duct bank, water, and telecommunication lines;
2) University reclaimed water line (with OWASA);
3) Maintenance and improvements to existing utility lines;
4) Stormwater lines and improvements;
5) Stormwater structures;
6) Public utility lines traversing site (Duke Energy, PSCNC, etc.);
7) Utility structures without a building (e.g., electrical substation);
8) Alterations to utility equipment (generator, other mechanical components);
9) Site storage and construction staging areas;
10) Site clearing less than one acre;
11) Stream restoration projects;
12) Greenways and other paved trails; and
13) Public art. ef. The following land uses and activities in the limited development area that do not involve the construction or use of a building are not subject to this Agreement provided the activity does not involve land clearing or grading of more than 20,000 square feet:
1) Conditions existing as of date of this Agreement (which are generally depicted on Map G-4 of this Exhibit);
2) Alterations (but not expansion) in existing parking lots, including repaving, replanting for stormwater mitigation, or changing impervious to pervious pavement;
3) Roads, internal service without exterior connections and not designed for vehicular circulation to serve buildings within the developed area of Carolina North;
4) Exterior tennis and basketball courts;
5) Athletic facilities and events that are not buildings and that do not involved land clearing or grading of more than 20,000 square feet;
6) Gazebos and other open air shelters;
7) Unpaved trail construction/maintenance (including volunteer work on paths, harvesting, etc.);
8) Memorial gardens;
9) Kiosks and benches;
10) Incidental parking areas, provided such each such parking area include no more than 50 spaces, the cumulative number of parking places in the limited development area not exceed 300 parking places, and all such parking is consistent with the provisions of Section G-8 of this Agreement;
11) Site furnishings (recycle containers, fixtures, blue lights);
12) Support facilities for special events (Tar Heel town, concerts, etc.);
13) Demolitions;
14) Landscaping activities; and,
15) Community gardens.
Appears in 1 contract
Samples: Development Agreement
Limited Development Area. a. Land within the Carolina North Tract that is not included in either a conservation area defined by Section 5.5.1 G.5.5.1 of this Agreement or within the long-term development area defined by Section 5.5.3 G.5.5.3 of this Agreement is designated as a “limited development area.” The limited development area comprises approximately 408 acres.
b. Except as specifically provided within this Agreement no development that involves the construction or use of a building shall be undertaken prior to July 1, 2059 within the limited development area. In addition, except as specifically provided within this Agreement, no development that involves the construction or use of a building shall be undertaken within the area identified as Area 6B (approximately 53 acres) in Exhibit E Eon Map G-1 prior to July 1, 2109. This restriction on development within the limited development area shall not be applicable to uses identified as permitted uses for the U-1 zoning district. For the purposes of this section, the term “building” includes all structures or edifices covering a space of land, usually covered by a roof, more or less completely enclosed by walls, and used for habitation, shelter, storage, trade, manufacture, religion, business, education, or the like.
c. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, then the restrictions identified in Section 5.5.2 G.5.5.2 of this Agreement for the limited development area shall extend for two and one-half (2.5) years for each year this Agreement was in effect. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, the restrictions identified in Section 5.5.2 G.5.5.2 of this Agreement for the area identified as Area 6B in Exhibit E Eon Map G-1 attached to this Exhibit shall extend for fivefive ( 5) years for every year this Agreement was in effect.
d. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager and shall only be undertaken in a manner consistent with the terms of this Agreement: Roads with exterior connections (construction); Roads with exterior connections (operation); Work in any public right of way; Surface parking areas with greater than 50 spaces; and, Any work in a Resource Conservation District that is not within a conservation area as defined by Section G.5.5.1 of this Agreement. In addition, within the Area identified as Area 6B on Map G-1in Exhibit E, the land uses and activities undertaken prior to July 1, 2109 shall be consistent with those permissible under the conservation easement(s) provided for in Section G.5.5.1 of this Agreement.
e. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be undertaken in a manner substantially consistent with the terms of this Agreement and the University shall include a report of all such activities undertaken in the previous year in the Annual Report required by this AgreementSection G-26 of this Exhibit: University chilled water, steam, electric duct bank, water, and telecommunication lines; University reclaimed water line (with OWASA); Maintenance and improvements to existing utility lines; Stormwater lines and improvements; Stormwater structures; Public utility lines traversing site (Duke Energy, PSCNC, etc.); Utility structures without a building (e.g., electrical substation); Alterations to utility equipment (generator, other mechanical components); Site storage and construction staging areas; Site clearing less than one acre; Stream restoration projects; Greenways and other paved trails; and Public art; and,. Site clearing for any other purpose provided there is no more than one acre of clearing for any individual project and the total amount of cumulative clearing over the life of this agreement is consistent with the maintenance of tree canopy coverage for the Carolina North Tract as provided in Section 5.21.1 of this Agreement.
f. The following land uses and activities in the limited development area that are listed below and that do not involve the construction or use of a building are not subject to this Agreement provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet. The University shall include a report on all such activities undertaken on the Carolina North Tract in the previous year in the Annual Report required by Section 5-27 of this Agreement.: Conditions existing as of date of this Agreement (which are generally depicted in Exhibit Hon Map G-4 of this Exhibit); Alterations (but not expansion) in existing parking lots, including repaving, replanting for stormwater mitigation, or changing impervious to pervious pavement; Roads, internal service without exterior connections and not designed for vehicular circulation to serve buildings within the developed area of Carolina North; Exterior tennis and basketball courts; Athletic facilities and events that are not buildings and that do not involved land clearing or grading of more than 20,000 square feet; Gazebos and other open air shelters, parks, chilren’schildren’s play areas, passive recreation features, and park site furnishings; Unpaved trail construction/maintenance (including volunteer work on paths, harvesting, etc.); Memorial gardens; Kiosks and benches; Incidental parking areas, provided such each such parking area include no more than 50 spaces, the cumulative number of parking places in the limited development area not exceed 300 parking places, and all such parking is consistent with the provisions of Section 5.8G-8 of this Agreement; Site furnishings (recycle containers, fixtures, blue lights); Support facilities for special events (Tar Heel town, concerts, etc.); Demolitions; Landscaping activities; and, Community gardens.
g. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the limited development area provided the entity responsible for construction of the school secures a conditional use permit from the Council. The Council shall issue such permit upon finding the school meets the following standards:
(1) That the use is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
(2) That the use is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use is a public necessity;
(3) That the use conforms with the general plans for the physical development of the Town as embodied in the Comprehensive Plan; and
(4) That the use conforms with the applicable terms of this Agreement. The process established by Section 4.5.3 of the LUMO shall be followed in the consideration of this conditional use permit and Sections 4.5.4 and 4.5.5 shall apply to modification, expiration, and revocation of this conditional use permit.
Appears in 1 contract
Samples: Development Agreement
Limited Development Area. a. Land within the Carolina North Tract that is not included in either a conservation area defined by Section 5.5.1 of this Agreement or within the long-term development area defined by Section 5.5.3 of this Agreement is designated as a “limited development area.” The limited development area comprises approximately 408 acres.
b. Except as specifically provided within this Agreement no development that involves the construction or use of a building shall be undertaken prior to July 1, 2059 within the limited development area. In addition, except as specifically provided within this Agreement, no development that involves the construction or use of a building shall be undertaken within the area identified as Area 6B (approximately 53 acres) in Exhibit E prior to July 1, 2109. This restriction on development within the limited development area shall not be applicable to uses identified as permitted uses for the U-1 zoning district. For the purposes of this section, the term “building” includes all structures or edifices covering a space of land, usually covered by a roof, more or less completely enclosed by walls, and used for habitation, shelter, storage, trade, manufacture, religion, business, education, or the like.
c. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, then the restrictions identified in Section 5.5.2 of this Agreement for the limited development area shall extend for two and one-half (2.5) years for each year this Agreement was in effect. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, the restrictions identified in Section 5.5.2 of this Agreement for the area identified as Area 6B in Exhibit E shall extend for fivefive (5) years for every year this Agreement was in effect. Alternatively, in the event of such early termination, the restrictions identified in Section 5.5.2 of this Agreement for the limited development area shall be extended according to the following schedule:
1) After completion of 750,000 total square feet of building floor area for the Project, the restrictions on the limited development area shall extend for 12.5 years and the restrictions within the area identified as Area 6B shall extend for 25 years.
2) After completion of 1,500,000 total square feet of building floor area for the Project, the restrictions on the limited development area shall extend for 25 years and the restrictions within the area identified as Area 6B shall extend for 50 years.
3) After completion of 2,250,000 total square feet of building floor area for the Project, the restrictions on the limited development area shall extend for 37.5 years and the restrictions within the area identified as Area 6B shall extend for 75 years.
4) After completion of 3,000,000 total square feet of building floor area for the Project, the restrictions on the limited development area and shall extend for 50 years and the restrictions within the area identified as Area 6B shall extend for 100 years. The application of the restrictions provided for in Section 5.5.2 of this Agreement shall apply according to whichever of the two alternative schedules set forth in this subsection that results in the longest duration of the restrictions applicable in the limited development area.
d. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager and shall only be undertaken in a manner consistent with the terms of this Agreement:
1) Roads with exterior connections (construction);
2) Roads with exterior connections (operation);
3) Work in any public right of way;
4) Surface parking areas with greater than 50 spaces; and,
5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 of this Agreement. In addition, within the Area identified as Area 6B in Exhibit E, the land uses and activities undertaken prior to July 1, 2109 shall be consistent with those permissible under the conservation easement(s) provided for in Section 5.5.1 of this Agreement.
e. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be undertaken in a manner substantially consistent with the terms of this Agreement and the University shall include a report of all such activities undertaken in the previous year in the Annual Report required by this Agreement:
1) University chilled water, steam, electric duct bank, water, and telecommunication lines;
2) University reclaimed water line (with OWASA);
3) Maintenance and improvements to existing utility lines;
4) Stormwater lines and improvements;
5) Stormwater structures;
6) Public utility lines traversing site (Duke Energy, PSNC, etc.);
7) Utility structures without a building (e.g., electrical substation);
8) Alterations to utility equipment (generator, other mechanical components);
9) Site storage and construction staging areas;
10) Stream restoration projects;
11) Greenways and other paved trails;
12) Public art; and,
13) Site clearing for any other purpose provided there is no more than one acre of clearing for any individual project and the total amount of cumulative clearing over the life of this agreement is consistent with the maintenance of tree canopy coverage for the Carolina North Tract as provided in Section 5.21.1 of this Agreement.
f. The land uses and activities in the limited development area that are listed below and that do not involve the construction or use of a building are not subject to this Agreement provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet. The University shall include a report on all such activities undertaken on the Carolina North Tract in the previous year in the Annual Report required by this Agreement.
1) Conditions existing as of date of this Agreement (which are generally depicted in Exhibit H);
2) Alterations (but not expansion) in existing parking lots, including repaving, replanting for stormwater mitigation, or changing impervious to pervious pavement;
3) Roads, internal service without exterior connections and not designed for vehicular circulation to serve buildings within the developed area of Carolina North;
4) Exterior tennis and basketball courts;
5) Athletic facilities and events that are not buildings and that do not involved land clearing or grading of more than 20,000 square feet;
6) Gazebos and other open air shelters, parks, children’s play areas, passive recreation features, and park site furnishings;
7) Unpaved trail construction/maintenance (including volunteer work on paths, harvesting, etc.);
8) Memorial gardens;
9) Kiosks and benches;
10) Incidental parking areas, provided such each such parking area include no more than 50 spaces, the cumulative number of parking places in the limited development area not exceed 300 parking places, and all such parking is consistent with the provisions of Section 5.8 of this Agreement;
11) Site furnishings (recycle containers, fixtures, blue lights);
12) Support facilities for special events (Tar Heel town, concerts, etc.);
13) Demolitions;
14) Landscaping activities; and,
15) Community gardens.
g. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the limited development area provided the entity responsible for construction of the school secures a conditional use permit from the Council. The Council shall issue such permit upon finding the school meets the following standards:
(1) That the use is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
(2) That the use is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use is a public necessity;
(3) That the use conforms with the general plans for the physical development of the Town as embodied in the Comprehensive Plan; and
(4) That the use conforms with the applicable terms of this Agreement. The process established by Section 4.5.3 of the LUMO shall be followed in the consideration of this conditional use permit and Sections 4.5.4 and 4.5.5 shall apply to modification, expiration, and revocation of this conditional use permit.
Appears in 1 contract
Samples: Development Agreement
Limited Development Area. a. Land within the Carolina North Tract that is not included in either a conservation area defined by Section 5.5.1 of this Agreement or within the long-term development area defined by Section 5.5.3 of this Agreement is designated as a “limited development area.” The limited development area comprises approximately 408 acres.
b. Except as specifically provided within this Agreement no development that involves the construction or use of a building shall be undertaken prior to July 1, 2059 within the limited development area. In addition, except as specifically provided within this Agreement, no development that involves the construction or use of a building shall be undertaken within the area identified as Area 6B (approximately 53 acres) in Exhibit E prior to July 1, 2109. This restriction on development within the limited development area shall not be applicable to uses identified as permitted uses for the U-1 zoning district. For the purposes of this section, the term “building” includes all structures or edifices covering a space of land, usually covered by a roof, more or less completely enclosed by walls, and used for habitation, shelter, storage, trade, manufacture, religion, business, education, or the like.
c. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, then the restrictions identified in Section 5.5.2 of this Agreement for the limited development area shall extend for two and one-half (2.5) years for each year this Agreement was in effect. Notwithstanding Section 4.31 of the Agreement, in the event this Agreement is terminated prior to its twenty (20) year term or prior to the completion of construction of three (3) million square feet of building floor area, the restrictions identified in Section 5.5.2 of this Agreement for the area identified as Area 6B in Exhibit E shall extend for fivefive (5) years for every year this Agreement was in effect. Alternatively, in the event of such early termination, the restrictions identified in Section 5.5.2 of this Agreement for the limited development area shall be extended according to the following schedule:
1) After completion of 750,000 total square feet of building floor area for the Project, the restrictions on the limited development area shall extend for 12.5 years and the restrictions within the area identified as Area 6B shall extend for 25 years.
2) After completion of 1,500,000 total square feet of building floor area for the Project, the restrictions on the limited development area shall extend for 25 years and the restrictions within the area identified as Area 6B shall extend for 50 years.
3) After completion of 2,250,000 total square feet of building floor area for the Project, the restrictions on the limited development area shall extend for 37.5 years and the restrictions within the area identified as Area 6B shall extend for 75 years.
4) After completion of 3,000,000 total square feet of building floor area for the Project, the restrictions on the limited development area and shall extend for 50 years and the restrictions within the area identified as Area 6B shall extend for 100 years. The application of the restrictions provided for in Section 5.5.2 of this Agreement shall apply according to whichever of the two alternative schedules set forth in this subsection that results in the longest duration of the restrictions applicable in the limited development area.
d. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager and shall only be undertaken in a manner consistent with the terms of this Agreement:
1) Roads with exterior connections (construction);
2) Roads with exterior connections (operation);
3) Work in any public right of way;
4) Surface parking areas with greater than 50 spaces; and,
5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 of this Agreement. In addition, within the Area identified as Area 6B in Exhibit E, the land uses and activities undertaken prior to July 1, 2109 shall be consistent with those permissible under the conservation easement(s) provided for in Section 5.5.1 of this Agreement.
e. The following land uses and activities within the limited development area that do not involve the construction or use of a building shall be undertaken in a manner substantially consistent with the terms of this Agreement and the University shall include a report of all such activities undertaken in the previous year in the Annual Report required by this Agreement:
1) University chilled water, steam, electric duct bank, water, and telecommunication lines;
2) University reclaimed water line (with OWASA);
3) Maintenance and improvements to existing utility lines;
4) Stormwater lines and improvements;
5) Stormwater structures;
6) Public utility lines traversing site (Duke Energy, PSNC, etc.);
7) Utility structures without a building (e.g., electrical substation);
8) Alterations to utility equipment (generator, other mechanical components);
9) Site storage and construction staging areas;
10) Stream restoration projects;
11) Greenways and other paved trails;
12) Public art; and, Site clearing for any other purpose provided there is no more than one acre of clearing for any individual project and the total amount of cumulative clearing over the life of this Agreement is consistent with the maintenance of tree canopy coverage for the Carolina North Tract as provided in Section 5.21.1 of this Agreement.f. The land uses and activities in the limited development area that are listed below and that do not involve the construction or use of a building are not subject to this Agreement provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet and the total amount of cumulative clearing over the life of this Agreement is consistent with the maintenance of tree canopy coverage for the Carolina North Tract as provided in Section 5.21.1 of this Agreement. The University shall include a report on all such activities undertaken on the Carolina North Tract in the previous year in the Annual Report required by this Agreement.
1) Conditions existing as of date of this Agreement (which are generally depicted in Exhibit H);
2) Alterations (but not expansion) in existing parking lots, including repaving, replanting for stormwater mitigation, or changing impervious to pervious pavement;
3) Roads, internal service without exterior connections and not designed for vehicular circulation to serve buildings within the developed area of Carolina North;
4) Exterior tennis and basketball courts;
5) Athletic facilities and events that are not buildings and that do not involved land clearing or grading of more than 20,000 square feet;
6) Gazebos and other open air shelters, parks, children’s play areas, passive recreation features, and park site furnishings;
7) Unpaved trail construction/maintenance (including volunteer work on paths, harvesting, etc.);
8) Memorial gardens;
9) Kiosks and benches;
10) Incidental parking areas, provided such each such parking area include no more than 50 spaces, the cumulative number of parking places in the limited development area not exceed 300 parking places, and all such parking is consistent with the provisions of Section 5.8 of this Agreement;
11) Site furnishings (recycle containers, fixtures, blue lights);
12) Support facilities for special events (Tar Heel town, concerts, etc.);
13) Demolitions;
14) Landscaping activities; and,
15) Community gardens.
Appears in 1 contract
Samples: Development Agreement
