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planned development and construction activities. <br />Resort development is undertaken through the process of refining project planning by moving from the <br />Conceptual MasterPlan, toa general site plan,and toone or more site development plans. Undertheterms <br />of the Development Agreement and the application of its requirements over more than twenty prior SDP <br />and plat approvals, the narrowing of this planning focus is not a "deviation" from a prior planning approval <br />just because the size, shape or use of a particular area changes. The Phase 3 Div 6-9 SDP, by definition, <br />amendsthePhase3generalsiteplanasprovidedinDevelopmentAgreementSec5.1(f). ThePhase3Division <br />14 SDP provides the further amendment and basis for the boundary line adjustment of a portion of the golf <br />course open space into developable area and of a portion of Tract Z-1 into recreational open space. It also <br />provides the required open space adjustments to Ex M. As there are no fixed area requirements for any <br />category of open space, there are no deviations as that term is interpreted and enforced under the <br />Development Agreement. The Ph 3 Div 14 SDP for Tract Z-1 is the appropriate method under the <br />Development Agreement for providing for the boundary line adjustment and development of this tract and <br />is consistent with prior development practices on the resort. <br />A.2. <br />The comments on the Land Stewardship Plan and theDevelopment Agreement regardingopen space donot <br />reflecttheproperapplicationofApplicableLawundertheDevelopmentAgreement. Theproposedboundary <br />line adjustment modifies the boundary between Tracts Z-1 and G-1 (a golfcourse tract) of the Phase 3 Div 6- <br />9plat. Condition ofApproval A-4specifies,at aminimum,the followingfouropenspace categories: natural, <br />managed, perimeter buffer and golf courses. As approved by the county in its various editions, the Land <br />StewardshipPlanisonlyapplicabletothemanagementofnatural,managedandperimeterbufferopenspace <br />areas of the resort. No part of the plan addresses the management of golf course areas. See its Sec 3 <br />"Methods." Moreover, adjustments to all open space areas, not just golf courses, are not restricted, subject <br />only to applicable covenants and conservation easements, and general site and site development plan <br />processes. Again, thereis nospecific arearequirement for any open spacecategory, only that,in total, open <br />spaces are provided as a percentage of the total resort area. Finally, similar to the county requirements that <br />the resort maintain covenants and building design criteria, once adopted, land stewardship plan compliance <br />is not a county review item. <br />A.3. <br />Compliance with the Suncadia design guidelines is not part of the county review and approval process. <br />B. <br />Ordinance 2000-12 adopted the subarea plan for Suncadia, thereby amending the county's comprehensive <br />plan through the addition of Chapter 9, MountainStar Planned Resort Subarea Plan. Section 9.2 of that <br />Chapter further adopts the Master Planned Resort Policies of Chapter 2.4 of the comprehensive plan as the <br />planningpoliciesapplicabletothedevelopmentofMountainStar(nowSuncadia). Ordinance98-20amended <br />thecountycomprehensiveplan,andits AttachmentBis Chapter2.4ofthecomprehensiveplanthenineffect <br />on the date the Development Agreement became effective. Suncadia is vested to "Applicable Law" as <br />Index #27