ZONING AND OTHER APPLICABLE ORDINANCES. The Village has examined the Plat of Zoning prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022, last revised November 8, 2022, attached hereto and made a part hereof as EXHIBIT F (“Zoning Plat”), the Plat of Subdivision, reviewed this Amendment and other submissions and documentation provided or required in connection therewith, and find that they are in compliance with this Amendment and Village Ordinance and Sub Regs as modified herein. A. Contemporaneous with approval of this Amendment, the Village shall adopt an ordinance amending the provisions of the Village Ordinance so as to provide that the Territory shall be reclassified as R-4 General Residence District and B-3 Commercial Service and Wholesale District planned unit development, all as identified and subject to the criteria as identified on the Zoning Plat, Plat of Subdivision and Final PUD Site Plan, and shall approve the Zoning Ordinance Deviations attached hereto as EXHIBIT G (“Zoning Ordinance Deviations”), all as hereafter more specifically provided to permit the development of the Territory as a multifamily residential apartment community, dedicated park site, and a retail commercial center, with the balance of the Territory designated as R-4 General Residence District. B. The Territory shall be developed by Owner under said zoning classifications as a planned unit development pursuant to the provisions set forth in Village ordinances and in this Amendment. All portions of the Territory shall be subject to preliminary and final PUD plan and plat review, which may be combined, including any required public hearings. No building permits C. The Village approves the Zoning Plat and the Plat of Subdivision and agrees to grant the Zoning Ordinance Deviations as specified in this Amendment, depicted on the Final PUD Site Plan, and shown on the Exhibits hereto. D. The Village and Owner agree that the Territory may be developed in phases as will be determined by Owner. Each phase will be approved by the Village in compliance with the Village’s ordinances and this Amendment, the Final PUD Site Plan, and exhibits attached hereto. Each phase will be completed in compliance with the Final PUD Site Plan and the Final Engineering Plans prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022 last revised November 8, 2022, attached hereto and made part hereof as EXHIBIT H (“Final Engineering Plans”); E. Throughout the term of this Amendment, and upon expiration of this Amendment, the zoning, including any land uses, setbacks, lot sizes, lot widths, coverage ratios, parking ratios, and landscaping incorporated in the Zoning Plat, Plat of Subdivision, Final PUD Site Plan, and the Zoning Ordinance Deviations shall remain in effect and shall govern the development of the Territory. Any subsequent preliminary or final plats of subdivision for a future phase that are in substantial conformance with the Plat of Subdivision shall be approved by the Village as if approved by the Village concurrent with the approval of this Amendment. Owner shall be permitted to develop four hundred eighty (480) apartment units on Parcels 1, 2 and 6 as depicted on the Final PUD Site Plan, and up to one hundred sixty-four (164) future single-family homes on Parcel 4, totaling six hundred forty four (644) dwelling units as was previously recommended in concept in 2020 as an amendment to the Original PUD Agreement. To the extent that the Final PUD Site Plan constitutes a change to the bulk standards of the ordinances or Sub Regs of the Village, this Amendment and the Final PUD Site Plan shall constitute a lawful amendment to such ordinances. F. Interim uses set forth below shall be permitted with approval by the Village anywhere on the Territory during the term of this Amendment: (i) Agricultural uses, specifically including all types of crop farming; (ii) Parking lots for model homes and the club house area; (iii) Stock piling of dirt for the duration of an active construction permit, subject to Village engineer’s approval, which shall not be unreasonably withheld so long as the location of said stock piling does not negatively impact the storm water drainage of the Property or impede the sight distance at intersections; (iv) Temporary storm water management, including, but not limited to, temporary detention, retention and stormwater structures; and (v) Construction storage, construction materials, and office/sales trailers during active construction as permitted in this Amendment. G. The Village’s Building Code, and other applicable codes and ordinances (the “Code”), may be amended for purposes of furthering the public health, welfare and safety, provided that such changes are consistently applied throughout the Village and do not result in the reduction in the number or nature of the commercial area, park area, residential lots and apartment units approved in the Final PUD Site Plan, do not alter any Zoning Ordinance Deviation, or result in any subdivided lot or structure being classified as non-conforming (provided no new resolutions or ordinances shall become effective as to the Territory earlier than one hundred eighty (180) days from the date of approval of this Amendment by the Village Board). The Village warrants to Owner that the Village has not, during the one hundred and eighty (180) days immediately prior to the date of this Amendment, adopted any ordinances or resolutions, nor amended any ordinances or resolutions, which would change or adversely impact development of the Territory in accordance with this Amendment or the Final PUD Site Plan. H. The terms and conditions of this Amendment replace in their entirety the terms and conditions contained in the Original PUD Agreement. To the extent of any conflict or inconsistency between the terms or standards of this Amendment, and the terms or standards of the Ordinance, the Sub Regs and the Village Code, the terms and standards of this Amendment and exhibits shall control. I. Nothing contained herein shall prevent the Village from enforcing its codes, except the Zoning Ordinance Deviations contained in this Amendment, or laws, codes, regulations, or requirements by other governmental bodies having jurisdiction. J. Addresses shall be issued by the Village upon Final PUD Site Plan approval for each phase of development within the Territory.
Appears in 1 contract
Samples: Planned Unit Development Agreement
ZONING AND OTHER APPLICABLE ORDINANCES. The Village has examined the Plat of Zoning prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022, last revised November 8, 2022, attached hereto and made a part hereof as EXHIBIT F (“Zoning Plat”)A. In accordance with Section 4, the Plat Village agrees to allow the use of Subdivisionthe Mining Area, reviewed this Amendment as defined in Section 4, and no other portion of the Territory, for stone and gravel quarrying and including, but not limited to the storage, sale and/or recycling of used road building materials and topsoil, operations office, aggregate stockpile, processing equipment, equipment storage, maintenance facility and weigh scales. It is further understood and agreed that fill material may be brought into the Territory to effectuate the on-going reclamation plans for the Territory as shown on the Concept Plan.
B. Owner/Developer shall be allowed to use those portions of the Territory identified on Exhibit “F” for farming and other submissions agricultural purposes permitted by the Village Code, as amended, until the voluntary or involuntary termination of this Agreement. All such farming and documentation provided other agricultural uses shall constitute a legal nonconforming use during this Agreement’s term and shall cease upon the Agreement’s voluntary or required in connection therewith, and find that they are in compliance with this Amendment and Village Ordinance and Sub Regs as modified hereininvoluntary termination.
A. Contemporaneous with C. The existing single family residential use located northeast of the intersection of Route 71 and Xxxxxxx Road on the proposed Commercial Parcel 1 shown on Exhibit "F" shall be allowed to continue as a legal nonconforming use pursuant to the Village Code, as amended.
D. Upon the Village’s approval of this the First Amendment, the Village shall adopt an ordinance amending rezoning the provisions of Territory to the R-1 Single-Family Residence Zoning District.
E. Before the Village Ordinance so as approves any building permit authorizing construction of a new building or structure located in the Territory, the Owner shall submit an application on forms provided by the Village seeking approval: (i) to provide that rezone the Concept Plan neighborhood or area in which the building or structure will be built from R-1 Single-Family Residence District to the zoning designation(s) identified on the Zoning Plan; and (ii) of a Planned Unit Development (“PUD”). Generally, and for illustration purposes only, upon redevelopment, the Territory shall be reclassified rezoned as R-4 General Residence District and B-3 follows:
(a) Commercial Service and Wholesale District planned unit development, all as identified and subject to the criteria as identified on the Zoning Plat, Plat of Subdivision and Final PUD Site Plan, and shall approve the Zoning Ordinance Deviations attached hereto as EXHIBIT G (“Zoning Ordinance Deviations”), all as hereafter more specifically provided to permit the development of the Territory as a multifamily residential apartment community, dedicated park site, and a retail commercial center, with the balance of the Territory designated as R-4 General Residence District.
B. The Territory shall be developed by Owner under said zoning classifications as a planned unit development pursuant to the provisions set forth in Village ordinances and in this Amendment. All portions of the Territory shall be subject to preliminary and final PUD plan and plat review, which may be combined, including any required public hearings. No building permits
C. The Village approves the Zoning Plat and the Plat of Subdivision and agrees to grant the Zoning Ordinance Deviations as specified in this Amendment, depicted on the Final PUD Site Plan, and shown on the Exhibits hereto.
D. The Village and Owner agree that the Territory may be developed in phases as will be determined by Owner. Each phase will be approved by the Village in compliance with the Village’s ordinances and this Amendment, the Final PUD Site Plan, and exhibits attached hereto. Each phase will be completed in compliance with the Final PUD Site Plan and the Final Engineering Plans prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022 last revised November 8, 2022, attached hereto and made part hereof as EXHIBIT H (“Final Engineering Plans”);
E. Throughout the term of this Amendment, and upon expiration of this Amendment, the zoning, including any land uses, setbacks, lot sizes, lot widths, coverage ratios, parking ratios, and landscaping incorporated in the Zoning Plat, Plat of Subdivision, Final PUD Site Plan, and the Zoning Ordinance Deviations shall remain in effect and shall govern the development of the Territory. Any subsequent preliminary or final plats of subdivision for a future phase that are in substantial conformance with the Plat of Subdivision shall be approved by the Village as if approved by the Village concurrent with the approval of this Amendment. Owner shall be permitted to develop four hundred eighty (480) apartment units on Parcels Areas 1, 2 2, 3, 4, 5 and 6 as depicted on the Final PUD Site Plan, and up Concept Plan are to one hundred sixtybe rezoned from R-1 Single-four (164) future single-family homes on Parcel 4, totaling six hundred forty four (644) dwelling units as was previously recommended in concept in 2020 as an amendment Family Residence District to the Original PUD Agreement. To the extent that the Final PUD Site Plan constitutes a change to the bulk standards of the ordinances or Sub Regs of the Village, this Amendment and the Final PUD Site Plan shall constitute a lawful amendment to such ordinances.
F. Interim uses set forth below shall be permitted with approval by the Village anywhere on the Territory during the term of this Amendment:
(i) Agricultural uses, specifically including all types of crop farmingX-0 Xxxxxxxxxx Xxxxxxx & Xxxxxxxxx Xxxxxxxx;
(iib) Parking lots for model homes Concept Plan Neighborhoods 1, 2, 4, 5, 6, 7 and the club house area9 are to be rezoned from R-1 Single- Family Residence District to R-2 Single Family Residence District;
(iiic) Stock piling of dirt for the duration of an active construction permit, subject Concept Plan Neighborhood 8 is to Village engineer’s approval, which shall not be unreasonably withheld so long as the location of said stock piling does not negatively impact the storm water drainage of the Property or impede the sight distance at intersectionsrezoned from R-1 Single-Family Residence District to R-4 General Residence District;
(ivd) Temporary storm water management, including, but not limited to, temporary detention, retention and stormwater structuresConcept Plan Neighborhood 10 is to be rezoned from R-1 Single-Family Residence District to R-4 General Residence District;
(e) The area identified on the Concept Plan as Business Park is to be rezoned from R- 1 Single-Family Residence District to M-1 Limited Manufacturing District; and
(vf) Construction storage, construction materials, Concept Plan Neighborhood 3 is to be rezoned from R-1 Single-Family Residence District to R-2 Single Family Residential District. Any conflict between (1) the zoning district boundaries depicted and office/sales trailers during active construction as permitted described on the Zoning Plan and (2) the zoning district boundaries depicted on the Concept Plan and/or (3) the zoning district boundaries described in this Amendment.
G. The Village’s Building Code, and other applicable codes and ordinances subsections (the “Code”), may a) – (i) above shall be amended for purposes of furthering the public health, welfare and safety, provided that such changes are consistently applied throughout the Village and do not result resolved in the reduction in the number or nature favor of the commercial area, park area, residential lots and apartment units approved in the Final PUD Site Plan, do not alter any Zoning Ordinance Deviation, or result in any subdivided lot or structure being classified as non-conforming (provided no new resolutions or ordinances shall become effective as to the Territory earlier than one hundred eighty (180) days from the date of approval of this Amendment by the Village Board). The Village warrants to Owner that the Village has not, during the one hundred and eighty (180) days immediately prior to the date of this Amendment, adopted any ordinances or resolutions, nor amended any ordinances or resolutions, which would change or adversely impact development of the Territory in accordance with this Amendment or the Final PUD Site Plan.
H. F. The terms and conditions of this Amendment replace in their entirety the terms and conditions contained development standards for lots located in the Original PUD Agreement. To the extent of any conflict or inconsistency between the terms or standards of this Amendment, R-2 and the terms or standards of the Ordinance, the Sub Regs and the Village Code, the terms and standards of this Amendment and exhibits shall control.
I. Nothing contained herein shall prevent the Village from enforcing its codes, except the R-4 Zoning Ordinance Deviations contained in this Amendment, or laws, codes, regulations, or requirements by other governmental bodies having jurisdiction.
J. Addresses Districts shall be issued by the Village upon Final PUD Site Plan approval for each phase of development within the Territory.as follows:
Appears in 1 contract
Samples: Annexation Agreement
ZONING AND OTHER APPLICABLE ORDINANCES. A. The Village has examined the Plat of Zoning prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022, last revised November 8, 2022, attached hereto and made a part hereof as EXHIBIT F (“Zoning Plat”), the Plat of Subdivision, reviewed this Amendment Agreement and other submissions and documentation documentations provided or required in connection therewith, therewith and find that they are in compliance with this Amendment Agreement and Village Ordinance and Sub Regs ordinances as modified herein.
A. B. The Village and Owner acknowledge and agree that the formal annexation of the Territory cannot occur until such time as the Territory becomes contiguous to the corporate limits of the Village; however, it is the intent of the Parties to do all things necessary for the annexation of the Territory subject to the Territory becoming contiguous to the Village. To this end, Owner has executed petitions for annexation and shall cause the Plat of Annexation to be finalized and submitted to the Village for final approval and recording at time as the Territory becomes contiguous to the Village, as shall be determined by the Village’s attorney. and the Parties further agree that immediately thereafter they shall do all other things that may be necessary and appropriate to cause the Territory to be annexed to the Village.
C. Contemporaneous with the approval of this AmendmentAgreement, the Village shall adopt an ordinance amending the provisions of the Village Ordinance so as Oswego Zoning Map to provide that the Territory shall be reclassified as R-4 General Residence District and B-3 Commercial Service and Wholesale District planned unit development, all as identified and subject to the criteria as identified on the Zoning Plat, Plat of Subdivision and Final PUD Site Plan, and shall approve the Zoning Ordinance Deviations attached hereto as EXHIBIT G (“Zoning Ordinance Deviations”), all as hereafter more specifically provided to permit the development of the Territory as a multifamily residential apartment community, dedicated park site, and a retail commercial center, with the balance of the Territory designated classified as R-4 General Residence District.
B. The Territory shall be developed by Owner under said zoning classifications as a planned unit development pursuant to the provisions set forth in Village ordinances and in this Amendment. All portions of the Territory shall be subject to preliminary and final PUD plan and plat review, which may be combined, including any required public hearings. No building permits
C. The Village approves the Zoning Plat and the Plat of Subdivision and agrees to grant the Zoning Ordinance Deviations as specified in this Amendment, depicted on the Final PUD Site Plan, and shown on the Exhibits hereto.
D. The Village and Owner agree that the Territory may be developed in phases as will be determined by Owner. Each phase will be approved by the Village in compliance with the Village’s ordinances and this Amendment, the Final PUD Site Plan, and exhibits attached hereto. Each phase will be completed in compliance with the Final PUD Site Plan and the Final Engineering Plans prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022 last revised November 8, 2022, attached hereto and made part hereof as EXHIBIT H (“Final Engineering Plans”);
E. Throughout the term of this Amendment, and upon expiration of this Amendment, the zoning, including any land uses, setbacks, lot sizes, lot widths, coverage ratios, parking ratios, and landscaping incorporated in the Zoning Plat, Plat of Subdivision, Final PUD Site Plan, and the Zoning Ordinance Deviations shall remain in effect and shall govern the development of the Territory. Any subsequent preliminary or final plats of subdivision for a future phase that are in substantial conformance with the Plat of Subdivision shall be approved by the Village as if approved by the Village concurrent Contemporaneous with the approval of this Amendment. Owner Agreement, the Village shall be permitted adopt an ordinance granting a special use for a preliminary and final planned unit development permitting development of the Territory subject to develop four hundred eighty (480) apartment units on Parcels 1, 2 the design criteria and 6 departures as depicted identified on the Final ordinance approving the PUD Site and the PUD Plan, a copy of which is attached hereto and up made a part hereof as EXHIBIT “E”.
E. Contemporaneous with the approval of this Agreement, The Village shall adopt an ordinance approving a preliminary and final plat of subdivision for the Territory (the “Subdivision Plat”), a copy of which is attached hereto and made a part hereof as EXHIBIT “F”. The Subdivision Plat shall cause the Territory to one hundred sixty-four (164) future single-family homes on Parcel 4, totaling six hundred forty four (644) dwelling units be platted as was previously recommended in concept in 2020 as an amendment to a single lot consistent with the Original PUD Agreement. To the extent intent that the Final PUD Site Plan constitutes Territory be developed as a change to the bulk standards of the ordinances or Sub Regs of the Village, this Amendment and the Final PUD Site Plan shall constitute a lawful amendment to such ordinancessingle ownership rental community.
F. Interim uses set forth below shall be permitted with approval by the Village anywhere on the Territory during the term of this AmendmentAgreement:
(i) Agricultural uses, uses specifically including all types of crop farming;
(ii) Parking lots for model homes and the club house area;
(iii) Stock piling of dirt for the duration of an active construction permitdirt, subject to Village engineer’s approval, which shall not be unreasonably withheld so long as the location of said stock piling does not negatively impact the storm water drainage of the Property any adjacent residences, active farmland crops, and/or future park sites, or impede the sight distance at intersections;
(iv) Temporary storm water managementmanagement in accordance with the approved Erosion and Sediment Control Plan;
(v) Construction storage and office/sales trailers, includingas permitted in this Agreement; and
G. Throughout the term of this Agreement, and upon expiration of this Agreement the zoning, including the special use for a planned unit development with approved design criteria and departures as identified on the PUD Plan shall remain in effect and shall govern the use and development of the Territory.
H. Owner agrees that the Territory shall be developed in conformance with layout of subdivision improvements (access, roads, and stormwater) as depicted on the PUD Plan. The PUD Plan depicts the various building footprints which are representative of the floor plans that will be constructed by Owner, but the PUD Plan is not intended to restrict the Owner to a specific building footprint in a specific location. The parties agree that the floor plans or the building footprints depicted on PUD Plan are subject to modification (through establishment of new floor plans) or substitution (through substitution of one approved floor plan for another) during development of the Territory without amendment of this Agreement or the planned unit development provided that said modification or substitution is consistent with the Site Data Table set forth on the PUD Plan. The Site Data Table sets forth specific requirements and limitations with respect to the development of the Territory, including but not limited to, temporary detentionthe total number of dwelling units, retention and stormwater structures; and
(v) Construction storage, construction materialsthe unit mix by bedroom count, and office/sales trailers during active construction as permitted the required separation between buildings. Any modification to the standards set forth in the Site Data Table shall require an amendment to the PUD Plan, pursuant to the applicable provisions of the Village’s Municipal Code, but shall not require amendment of this AmendmentAgreement.
G. I. Owner agrees that the Territory shall be developed and thereafter maintained, as a minimum standard, in conformance with the improvements as depicted on the Landscape Construction Documents prepared by Xxxxxxxxx Design Group, dated October 1, 2021, (“Final Landscape Plan”) attached hereto as EXHIBIT “J”. The Parties acknowledge and agree that plants will require replacement through the long-term maintenance of the Territory. Where reasonably necessary, Owner may substitute species of similar character for those species specifically identified on the Final Landscape Plan.
J. The Village’s Building Code, Codes and other applicable codes and ordinances (the “Code”), Subdivision Regulations may be amended for purposes of furthering the public health, welfare and safety, provided that such changes are consistently applied throughout the Village and do not result in the reduction in the number or nature of the commercial area, park area, residential lots and apartment units approved in the Final PUD Site Plan, do not alter any Zoning Ordinance Deviationordinance deviation provided in this Agreement, or result in any subdivided lot or structure being classified as non-conforming (provided no new resolutions or ordinances shall become effective as to the Territory earlier than one hundred and eighty (180) days from the date of approval of this Amendment by the Village Board). The Village warrants to Owner Owners that the Village has not, during the one hundred and eighty (180) days immediately prior to the date of this AmendmentAgreement, adopted any ordinances or resolutions, nor amended resolutions or modified any ordinances or resolutions, which resolutions that would change or adversely impact development of the Territory in accordance with this Amendment Agreement or the Final PUD Site Plan.
H. The terms and conditions of this Amendment replace in their entirety the terms and conditions contained in the Original PUD Agreement. K. To the extent of any conflict or inconsistency between the terms or standards of this Amendment, Agreement and the terms or standards of the Subdivision and Development Control Regulations, Zoning Ordinance, the Sub Regs and the Building Code or any other applicable Village Codecode, ordinance, rule or regulation, the terms and standards of this Amendment and exhibits Agreement shall control.
I. L. Nothing contained herein shall prevent the Village from enforcing its codes, except the Zoning Ordinance Deviations contained in this Amendment, or laws, codes, regulations, code modifications or requirements by other governmental bodies having jurisdiction.
J. M. Addresses shall be issued by the Village based upon Final the approved PUD Site Plan approval for each phase of development within by the TerritoryVillage Board.
Appears in 1 contract
Samples: Annexation Agreement
ZONING AND OTHER APPLICABLE ORDINANCES. The Village has examined the Plat of Zoning prepared by Xxxxxx XxxxConsultants, LLC, dated July 15October 1, 2022, last revised November 8, 20222021, attached hereto and made a part hereof as EXHIBIT F E (“Zoning PlatPlat of Zoning”), the Plat of Subdivision, reviewed this Amendment Agreement and other submissions and documentation provided or required in connection therewith, and find that they are in compliance with this Amendment Agreement and Village Ordinance and Sub Regs ordinances as modified herein.
A. Contemporaneous Contemporaneously with approval the annexation of this Amendmentthe Territory, the Village shall adopt an ordinance amending the provisions of the Village Oswego Zoning Ordinance so as to provide that the Territory being annexed shall be reclassified classified as R-2 Single Family Residence District planned unit development for the Lennar Development and R-4 General Residence District and B-3 Commercial Service and Wholesale District planned unit developmentdevelopment for the LMC Development, all as identified and subject to the design criteria as identified on the Zoning PlatFinal Plans of PUD, Plat of Subdivision and Final PUD Site PlanZoning, and shall approve on the Zoning Ordinance Deviations attached hereto as EXHIBIT G F (“Zoning Ordinance Deviations”), all as hereafter more specifically provided to permit the development of the Territory as a multifamily residential apartment community, dedicated park site, and a retail commercial center, with the balance of the Territory designated as R-4 General Residence District.
B. The Territory shall be developed by Owner under said zoning classifications as a two planned unit development developments (“PUD”s) pursuant to the provisions set forth in Village ordinances and this Agreement, as from time to time amended, the Final Plans of PUD, and in this AmendmentAgreement. All portions of the Territory shall be subject to preliminary and final PUD plan and plat review, which may be combined, including any required public hearings. No building permitspermits shall be issued within any portion of the Territory which has not been included within a final plat of subdivision approved by the Village.
C. The Village approves the Zoning Plat and the Plat of Subdivision and agrees to grant the Zoning Ordinance Deviations those deviations from Village Ordinances as specified in this AmendmentAgreement, depicted on the Final PUD Site PlanPlans of PUD, and shown on the Exhibits hereto.
D. The Village and Owner Owners agree that the Territory both the Lennar Development and LMC Development may be developed in phases as will be determined by OwnerOwners. Each phase The phases will be approved by the Village in compliance with the Village’s ordinances and this AmendmentAgreement, the Final Plans of PUD Site Plan, and exhibits attached hereto. Each phase will be completed in compliance with the Final PUD Site Plan and the Final Engineering Plans prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022 last revised November 8, 2022, attached hereto and made part hereof as EXHIBIT H (“Final Engineering Plans”);.
E. Throughout the term of this Amendment, and upon expiration of this Amendment, the zoning, including any land uses, setbacks, lot sizes, lot widths, coverage ratios, parking ratios, and landscaping incorporated in the Zoning Plat, Plat of Subdivision, Final PUD Site Plan, and the Zoning Ordinance Deviations shall remain in effect and shall govern the development of the Territory. Any subsequent preliminary or final plats of subdivision for a future phase that are in substantial conformance with the Plat of Subdivision shall be approved by the Village as if approved by the Village concurrent with the approval of this Amendment. Owner shall be permitted to develop four hundred eighty (480) apartment units on Parcels 1, 2 and 6 as depicted on the Final PUD Site Plan, and up to one hundred sixty-four (164) future single-family homes on Parcel 4, totaling six hundred forty four (644) dwelling units as was previously recommended in concept in 2020 as an amendment to the Original PUD Agreement. To the extent that the Final PUD Site Plan constitutes a change to the bulk standards of the ordinances or Sub Regs of the Village, this Amendment and the Final PUD Site Plan shall constitute a lawful amendment to such ordinances.
F. Interim uses set forth below shall be permitted with approval by the Village anywhere on the Territory during the term of this AmendmentAgreement:
(i) Agricultural uses, specifically including all types of crop farming;
(ii) Parking lots for model homes and the club house area;
(iii) Stock piling of dirt dirt, for the duration of an active subdivision construction permit, subject to Village engineer’s approval, approval which shall not be unreasonably withheld so long as the location of said stock piling does not negatively impact the storm water drainage of the Property any adjacent residences, active farmland crops, and/or future park sites, or impede the sight distance at intersections;
(iv) Temporary storm water management, including, including but not limited to, to temporary detention, retention and stormwater structures; and
(v) Construction storage, construction materials, and office/sales trailers trailers, during active construction as permitted in this AmendmentAgreement.
F. Throughout the term of this Agreement, any preliminary or final plats of subdivision that are in substantial conformance with the Final Plans of PUD shall be approved by the Village as if approved by the Village concurrent with the approval of this Agreement.
G. Throughout the term of this Agreement, and upon expiration of this Agreement, the zoning, including any land uses, setbacks, lot sizes, lot widths, coverage ratios, parking ratios, and landscaping incorporated in the Final Plans of PUD, Plat of Zoning, and the Zoning Ordinance Modifications shall remain in effect and shall govern the development of the Territory. Owners agree that the Territory shall be developed in general conformance with the Final Plans of PUD.
H. The Village’s Building Code, and other applicable codes Codes and ordinances (the “Code”)Ordinances, may be amended for purposes of furthering the public health, welfare and safety, provided that such changes are consistently applied throughout the Village and do not result in the reduction in the number or nature of the commercial area, park area, residential lots and apartment units approved in the Final PUD Site PlanPlans of PUD, do not alter any Zoning Ordinance Deviationordinance deviation provided in this Agreement, or result in any subdivided lot or structure being classified as non-conforming (provided no new resolutions or ordinances shall become effective as to the Territory earlier than one three hundred eighty and sixty-five (180365) days from the date of approval of this Amendment Agreement by the Village Board). The Village warrants to Owner Owners that the Village has not, during the one hundred and eighty (180) days immediately prior to the date of this AmendmentAgreement, adopted any ordinances or resolutions, nor amended any ordinances or resolutions, which that would change or adversely impact development of the Territory in accordance with this Amendment Agreement or the Final PUD Site PlanPlans of PUD.
H. The terms and conditions of this Amendment replace in their entirety the terms and conditions contained in the Original PUD Agreement. I. To the extent of any conflict or inconsistency between the terms or standards of this Amendment, Agreement and the terms or standards of the Subdivision and Development Control Regulations, Zoning Ordinance, the Sub Regs and the Building Code, or any other applicable Village code, ordinance, rule or regulation (collectively “Village Code”), the terms and standards of this Amendment Agreement and exhibits shall control.
I. J. Nothing contained herein shall prevent the Village from enforcing its codes, except the Zoning Ordinance Deviations deviations contained in this AmendmentAgreement, or laws, codes, regulations, or requirements by other governmental bodies having jurisdiction.
J. K. Addresses shall be issued by the Village upon Final Plans of PUD Site Plan approval for each phase of development within the TerritoryTerritory by the Village.
L. The Developer of each phase agrees to establish a sidewalk network as depicted on the Final Plans of PUD located in said phase. The internal streets located within the LMC Phase shall be private streets.
M. Village shall grant the deviations from the Village Code as depicted on the Final Plans of PUD and shown on Exhibit F.
Appears in 1 contract
Samples: Annexation Agreement
ZONING AND OTHER APPLICABLE ORDINANCES. The A. Contemporaneously with the annexation of the Territory, the Village has examined shall adopt an ordinance amending the Plat provisions of the Oswego Zoning prepared by Xxxxxx XxxxOrdinance so as to provide that the Territory being annexed shall be classified as R-2 Single Family Residence District planned unit development, LLCall as identified and subject to the design criteria as identified on the Preliminary PUD Plan, dated July 15, 2022, last revised November 8, 2022, and on the Zoning Ordinance Deviations attached hereto and made a part hereof as EXHIBIT F (“Zoning Plat”), the Plat of Subdivision, reviewed this Amendment and other submissions and documentation provided or required in connection therewith, and find that they are in compliance with this Amendment and Village Ordinance and Sub Regs as modified herein.
A. Contemporaneous with approval of this Amendment, the Village shall adopt an ordinance amending the provisions of the Village Ordinance so as to provide that the Territory shall be reclassified as R-4 General Residence District and B-3 Commercial Service and Wholesale District planned unit development, all as identified and subject to the criteria as identified on the Zoning Plat, Plat of Subdivision and Final PUD Site Plan, and shall approve the Zoning Ordinance Deviations attached hereto as EXHIBIT G (“Zoning Ordinance Deviations”), all as hereafter more specifically provided to permit the development of the Territory as a multifamily residential apartment community, dedicated park site, and a retail commercial center, with the balance of the Territory designated as R-4 General Residence District.
B. The Territory shall be developed by Owner under said zoning classifications as a planned unit development (“PUD”) pursuant to the provisions set forth in Village ordinances and this Agreement, as from time to time amended, the Preliminary PUD Plan, and in this AmendmentAgreement. All portions of the Territory shall be subject to preliminary and final PUD plan and plat review, which may be combined, including any required public hearings. No building permitspermits shall be issued within any portion of the Territory which has not been included within a final plat of subdivision approved by the Village. The Village will approve all final PUD plans and Plats of Subdivision which substantially conform to the Preliminary PUD Plan.
C. The Village approves the Zoning Plat and the Plat of Subdivision and agrees to grant the Zoning Ordinance Deviations those deviations from Village Ordinances as specified in this AmendmentAgreement, depicted on the Final Preliminary PUD Site Plan, and shown on the Exhibits hereto.
D. The Village and Owner agree that the Territory may be developed in phases as will be determined by Owner. Each phase will be approved by the Village in compliance with the Village’s ordinances and this Amendment, the Final PUD Site Plan, and exhibits attached hereto. Each phase will be completed in compliance with the Final PUD Site Plan and the Final Engineering Plans prepared by Xxxxxx Xxxx, LLC, dated July 15, 2022 last revised November 8, 2022, attached hereto and made part hereof as EXHIBIT H (“Final Engineering Plans”);
E. Throughout the term of this Amendment, and upon expiration of this Amendment, the zoning, including any land uses, setbacks, lot sizes, lot widths, coverage ratios, parking ratios, and landscaping incorporated in the Zoning Plat, Plat of Subdivision, Final PUD Site Plan, and the Zoning Ordinance Deviations shall remain in effect and shall govern the development of the Territory. Any subsequent preliminary or final plats of subdivision for a future phase that are in substantial conformance with the Plat of Subdivision shall be approved by the Village as if approved by the Village concurrent with the approval of this Amendment. Owner shall be permitted to develop four hundred eighty (480) apartment units on Parcels 1, 2 and 6 as depicted on the Final PUD Site Plan, and up to one hundred sixty-four (164) future single-family homes on Parcel 4, totaling six hundred forty four (644) dwelling units as was previously recommended in concept in 2020 as an amendment to the Original PUD Agreement. To the extent that the Final PUD Site Plan constitutes a change to the bulk standards of the ordinances or Sub Regs of the Village, this Amendment and the Final PUD Site Plan shall constitute a lawful amendment to such ordinances.
F. Interim uses set forth below shall be permitted with approval by the Village anywhere on the Territory during the term of this AmendmentAgreement:
(i) Agricultural uses, specifically including all types of crop farming;
(ii) Parking lots stalls for model homes and the club house areahomes;
(iii) Stock piling of dirt dirt, for the duration of an active subdivision construction permit, subject to Village engineer’s approval, approval which shall not be unreasonably withheld so long as the location of said stock piling does not negatively impact the storm water drainage of the Property any adjacent residences, active farmland crops, and/or future park sites, or impede the sight distance at intersections;
(iv) Temporary storm water management, including, but not limited to, temporary detention, retention and stormwater structures; and
(v) Construction storagestorage trailers, construction materials, and office/sales trailers during active construction as permitted in this AmendmentAgreement.
E. Throughout the term of this Agreement, any final plats of subdivision that are in substantial conformance with the Preliminary PUD Plan shall be approved by the Village as if approved by the Village concurrent with the approval of this Agreement.
F. Throughout the term of this Agreement, and upon expiration of this Agreement, the zoning, including any land uses, setbacks, lot sizes, lot widths, coverage ratios, parking ratios, and landscaping incorporated in the Preliminary PUD Plan, and the Zoning Ordinance Deviations shall remain in effect and shall govern the development of the Territory. Owners agree that the Territory shall be developed in general conformance with the Preliminary PUD Plan.
G. The Village’s Building Code, and other applicable codes Codes and ordinances (the “Code”)Ordinances, may be amended for purposes of furthering the public health, welfare and safety, provided that such changes are consistently applied throughout the Village and do not result in the reduction in the number or nature of the commercial area, park area, residential lots and apartment units approved in the Final Preliminary PUD Site Plan, do not alter any Zoning Ordinance Deviationzoning ordinance deviation provided in this Agreement, or result in any subdivided lot or structure being classified as non-conforming (provided no new resolutions or ordinances shall become effective as to the Territory earlier than one hundred eighty (1801) days year from the date of approval of this Amendment Agreement by the Village Board). The Village warrants to Owner Owners that the Village has not, during the one hundred and eighty (180) days immediately prior to the date of this AmendmentAgreement, adopted any ordinances or resolutions, nor amended any ordinances or resolutions, which that would change or adversely impact development of the Territory in accordance with this Amendment Agreement or the Final Preliminary PUD Site Plan.
H. The terms and conditions of this Amendment replace in their entirety the terms and conditions contained in the Original PUD Agreement. To the extent of any conflict or inconsistency between the terms or standards of this Amendment, Agreement and the terms or standards of the Subdivision and Development Control Regulations, Zoning Ordinance, the Sub Regs and the Building Code or any other applicable Village code, ordinance, rule or regulation (collectively “Village Code”), the terms and standards of this Amendment Agreement and exhibits shall control.
I. Nothing Notwithstanding anything herein to the contrary, nothing contained herein shall prevent the Village from enforcing its codes, except the Zoning Ordinance Deviations deviations contained in this AmendmentAgreement, or laws, codes, regulations, or requirements by other governmental bodies having jurisdiction.
J. Addresses shall be issued by the Village upon Final final plans of PUD Site Plan approval for each phase of development within the TerritoryTerritory by the Village.
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Samples: Annexation Agreement
