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2. EXPIRATION — RESIDENTIAL PUD: The PUD development plan shall lapse two years from the effective date of this ordinance if the applicant does not apply for a building permit. 3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of Approval Checklist" indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be attached to all building permit and engineering permit submittals for review by the City prior to issuance of permits. 4. GROWTH MANAGEMENT PROGRAM: The project shall meet all requirements of the City's Growth Management Program, as determined by the Director of Community Development; or Growth Management Agreement, if applicable. 5. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance being in effect. 6. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 7. Development Standards shall be as follows: Site Development Standards Front Yard Setback a 30' Side Yard Setbacks One side 30' Combined 100' Rear Yard Setback 50' Floor Area Maximum b 8,500 sq. ft. Height Maximum 31'-3" Class I Accessory Structure Standards Front Yard Setback a 30' Side Yard Setbacks 20' Rear Yard Setback 20' Height Maximum 15' PUD-131 Planning Commission Page 2 of 13 s." THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. APPROVAL AND REVISIONS: The proposed development shall be in substantial conformance with the "Approved Plans," except as modified by the following conditions. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance with the approved exhibits. Planning Division approval is required before any changes are implemented in site design, grading, architectural design, house colors or materials, green building measures, landscape material, etc. proposed, given the proposed home's large setbacks, extensive landscaping, and articulated building design the additional height is largely mitigated and the scale is appropriate. The architectural style and detailing of the proposed residence is Planning Commission Page 7 of 8