The primary use within the R-3 District is one-, two- and multifamily residential dwellings of moderate scale.

(Ord. No. 2019-028, § 2, 9-17-2019)

Uses permitted by right in the R-3 District shall be as follows:

A.

Any use permitted in the R-1 and R-2 Districts, subject to all requirements specified for such districts.

B.

Multifamily dwellings.

C.

Boarding and rooming houses.

D.

Bed and breakfast.

(Ord. No. 2023-007, § 9, 4-4-2023; Ord. No. 2019-028, § 2, 9-17-2019)

Any use permitted by special review in the R-1 District is subject to all requirements specified in Chapter 17.38, is permitted by special review in the R-3 District.

(Ord. No. 2019-028, § 2, 9-17-2019)

Development standards for the R-3 District shall be as follows:

A.

Minimum area of lot for multifamily residential dwellings:

1.

First dwelling unit, 5,000 square feet.

2.

Per additional dwelling unit, 1,000 square feet.

B.

Minimum width of lots, 50-feet.

C.

Minimum side yard:

1.

Principal building, 5-feet (one- and two-family residential dwellings).

2.

Principal building for multifamily residential dwellings and uses other than one- and two-family residential dwellings, the minimum side yard width shall be 7 feet or the equivalent of 1-foot for each 3 feet or fraction thereof of building height, whichever is greater, provided that for school or church uses no side yard shall be less than 25-feet wide.

3.

All attached dwelling units are allowed zero side yard setbacks where attached.

4.

Accessory buildings, 2-feet, located in the rear one-third of the lot.

5.

Accessory buildings, 5-feet, not located in the rear one-third of the lot.

6.

All buildings, 15-feet, where abutting a street.

D.

Minimum front yard for all buildings shall be 15-feet.

E.

Minimum rear yard:

1.

Principal building, 20-feet.

2.

Accessory building, 5-feet.

F.

Maximum building coverage, 40% of lot area.

G.

Maximum height of buildings:

1.

Principal building, 40-feet, not to exceed three stories of occupied floor area.

2.

Accessory building, 20-feet.

H.

Open Space. Within single-family attached and multifamily use areas, a minimum of 20% of the gross site area shall be set aside as common open space which may include, but not be limited to, landscaped areas, swimming pools, tennis courts, play areas, walkways and bikeways, but excluding driving and parking areas.

(Ord. No. 2023-007, § 10, 4-4-2023; Ord. No. 2019-028, § 2, 9-17-2019)

At the request of the applicant, the following condition shall be placed on the face of an approved Site Development Plan:

"THE TOWN COUNCIL OF THE TOWN OF CASTLE ROCK HEREBY ESTABLISHES THE FOLLOWING LEGISLATIVE CONDITION TO THE APPROVAL OF THIS SITE DEVELOPMENT PLAN TO PROMOTE THE PROMPT, EFFICIENT AND COST EFFECTIVE RESOLUTION OF DISPUTES PERTAINING TO THE DEVELOPMENT OF THE PROPERTY AS A MULTI-FAMILY PROJECT, EXCLUDING ANY PROPERTY OWNED BY THE TOWN (THE "PROPERTY") FOR THE PURPOSE OF ENCOURAGING AND FOSTERING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE TOWN AND THE CONSTRUCTION OF OWNER-OCCUPIED MULTI-FAMILY DEVELOPMENTS IN THE TOWN.

AS A LEGISLATIVE CONDITION TO THE TOWN COUNCIL'S APPROVAL OF THIS SITE DEVELOPMENT PLAN, THE FOLLOWING CLAIMS INVOLVING THE PROPERTY SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW:

ANY AND ALL CONSTRUCTION DEFECT CLAIMS:

1.

THAT ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES:

(A)

ANY OWNER OF ANY PORTION OF THE PROPERTY;

(B)

ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE PROPERTY;

(C)

THE SUBDIVIDER, DEVELOPER OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS;

(D)

ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE PROPERTY; AND

(E)

ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. §13-20-802.5, ET SEQ., AS AMENDED ("CDARA"), AND

2.

THAT PERTAINS TO ANY OF:

(A)

THE PROPERTY;

(B)

ANY DWELLING UNIT OR OTHER IMPROVEMENTS CONSTRUCTED ON THE PROPERTY OR COMMON AREA DEVELOPMENT STRUCTURE;

(C)

THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE PROPERTY OR ANY PORTION THEREOF, OR

(D)

THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY.

3.

FOR THE PURPOSES OF THE FOREGOING:

(A)

A "CONSTRUCTION DEFECT CLAIM" MEANS A CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR THIRD-PARTY CLAIM FOR DAMAGES, INDEMNITY OR CONTRIBUTION BROUGHT AGAINST A DEVELOPMENT PARTY FOR DAMAGE OR LOSS TO, OR THE LOSS OF USE OF, REAL OR PERSONAL PROPERTY OR PERSONAL INJURY CAUSED BY A DEFECT IN THE DESIGN OR CONSTRUCTION OF AN IMPROVEMENT TO REAL PROPERTY THAT IS PART OF THE COMMON INTEREST COMMUNITY,

(B)

A "DEVELOPMENT PARTY" MEANS ANY PARTY REFERRED TO IN SECTION l(C), (D), OR (E),

(C)

A "COMMON INTEREST COMMUNITY" MEANS REAL ESTATE AS DEFINED IN THE COMMON INTEREST OWNERSHIP ACT, C.R.S., §38-33.3-103(8).

THE LEGISLATIVE CONDITION SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CONSTRUCTION DEFECT CLAIM(S) THROUGH EITHER NEGOTIATIONS OR MEDIATION BEFORE SUBMITTING SUCH CONSTRUCTION DEFECT CLAIM TO BINDING ARBITRATION. ADDITIONALLY, THE PROPERTY MAY ALSO BE SUBJECT TO A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THAT MAY IMPLEMENT AND EXPAND UPON THE REQUIREMENTS OF THIS NOTATION ON THE SITE DEVELOPMENT PLAN AND THAT MAY REQUIRE THAT CERTAIN OTHER TYPES OF CLAIMS BE SUBMITTED TO BINDING ARBITRATION; PROVIDED, HOWEVER, THAT ANY SUBSEQUENT AMENDMENT OR CHANGE TO SUCH DECLARATION OF COVENANTS, CONDITIONS OR RESTRICTIONS SHALL NOT ELIMINATE THE REQUIREMENT THAT THE CONSTRUCTION DEFECT CLAIMS DESCRIBED IN THIS PLAT NOTE SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A JUDICIAL PROCEEDING.

FOR PURPOSES OF THIS SITE DEVELOPMENT PLAN, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CONSTRUCTION DEFECT CLAIM DESCRIBED ABOVE TO A SINGLE ARBITRATOR WHO MUST BE, AT A MINIMUM, A RETIRED COLORADO STATE DISTRICT COURT JUDGE OR FEDERAL DISTRICT COURT JUDGE OR THROUGH THE USE OF SUCH ORGANIZATION THAT SUCH RETIRED JUDGE MAY BE A MEMBER OF, INCLUDING SUCH ORGANIZATIONS AS THE JUDICIAL ARBITER GROUP OR ITS SUCCESSORS. IN SUCH ARBITRATION, THE COSTS AND EXPENSES OF ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES AND SHALL BE CONDUCTED UTILIZING SUCH RULES OF PROCEDURE AS THE ARBITRATOR MAY REASONABLY ADOPT TO PROMOTE THE EFFICIENT AND ECONOMICAL RESOLUTION OF ANY SUCH CONSTRUCTION DEFECT CLAIM.

ALL FUTURE PURCHASERS OF ANY INTEREST IN THE PROPERTY ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS SITE DEVELOPMENT PLAN, WHICH IS RECORDED IN THE DOUGLAS COUNTY CLERK AND RECORDERS OFFICE AND IS DEEMED TO BE A COVENANT RUNNING WITH THE PROPERTY."

(Ord. No. 2019-028, § 2, 9-17-2019)