§ 13.07.145. Common open space.

(a)

Intent. This Section is intended to implement the recommendations for common open space in the Town of Parker Open Space, Trails and Greenways Master Plan. Common open space is private open land area set aside for the exclusive use and enjoyment of a development's residents, employees or users. Goals and requirements for common open space complement this Title's requirements for dedicated open space and parks, and serve similar purposes, including preservation of natural areas and resources, preservation of scenic views, greater resident access to open areas and recreation, and enhancement of the quality of new development in the Town.

(b)

Applicability and plat requirements.

(1)

Applicability. This Section shall apply to new development as proposed in all applications for subdivision sketch plans, preliminary subdivision plats and planned developments submitted on or after August 25, 2001.

(2)

Plat requirements. Open space as shown on approved development plans that is adjacent to the area proposed for subdivision platting, or as otherwise identified during the subdivision process, shall be included in the areas proposed for subdivision platting, or as otherwise identified during the subdivision process, shall be included in the areas proposed for subdivision platting.

(c)

Amount of common open space required.

(1)

Minimum percentage recommended. The Town will determine the amount of public open space under Subsection 13.07.140(e) above, common open space or a combination of both that shall be dedicated and/or set aside on a case-by-case basis depending upon proposed density, lot sizes and characteristics of the subject land, with the goal of achieving a minimum of twenty percent (20%) of the total development parcel as open space. For purposes of this provision, as applied to property zoned for planned development (PD), total development parcel means the total gross land area subject to the PD Development Guide (Master Plan), and does not mean the land area contained in each separate filing of a larger, phased planned development.

(2)

Credit for additional public park land dedications. In determining the amount of common open space required pursuant to this Section, the Town shall consider and give credit for dedications of land for public park purposes in excess of the seven and one-half (7.5) acres per one thousand (1,000) population required by Subsection 13.07.140(c) above. The Town shall give credit only if the additional public park land dedication meets all applicable selection and design criteria for parks, trails and open space stated in either Paragraphs (c)(7) and (8) above or in Paragraph (d)(1) below.

(d)

Selection and design criteria for open space lands. All open space shall be subject to the selection and design criteria set forth in this Subsection.

(1)

General selection criteria for open space lands.

a.

Locations consistent with Master Plan. Open space lands shall be at locations deemed appropriate by the Town Council, and shall include, at a minimum, areas identified through the Open Space Acquisition Criteria in the Town of Parker Open Space, Trails and Greenways Master Plan.

b.

Priority lands for open space. An applicant shall give priority to the preservation of significant natural areas and scenic or cultural resources on a property. The Town may use all applicable plans, maps and reports to determine whether significant natural areas and resources exist on a proposed site that should be protected as open space. More specifically, an applicant shall give priority to open lands that serve one (1) or more of the following functions:

1.

To identify or separate municipalities, communities or subdivisions or to provide expansive visual relief from development;

2.

To buffer or provide transitions between different land uses;

3.

To preserve or protect:

a)

Environmental areas : Areas including, but not limited to, one-hundred-year floodplains, wetlands, wildlife habitat and aquifer recharge areas.

b)

Significant natural landforms : Areas including, but not limited to, prominent landforms such as rock outcroppings, buttes, mesas, lakes, streams and drainage ways.

c)

Significant natural vegetation areas : Areas including, but not limited to, one-hundred-year floodplains, drainage ways, wildlife corridors, migration routes and calving areas.

d)

Important wildlife habitat areas : Areas including, but not limited to, one-hundred-year floodplains, drainage ways, wildlife corridors, migration routes and calving areas.

e)

Geologic hazard areas : Areas including, but not limited to, expansive soils and related conditions, soil erosion areas and unstable slopes.

f)

Severe soil erosion areas : Areas including, but not limited to, twenty percent (20%) or greater slope, and natural drainage ways.

g)

Sensitive visual areas : Areas including, but not limited to, major ridgelines, view points and view corridors.

h)

Significant views: Areas including, but not limited to, major ridgelines, distant or panoramic views and view corridors.

i)

Outdoor recreation areas.

j)

Cultural, historic and archaeological areas.

4.

To provide for Town-wide or regional trails and linkages; public access to lakes, streams and other public lands; passive recreation opportunities; or outdoor and nature studies areas.

c.

Areas not allowed as part of open space. The following lands shall not count toward dedicated or common open space requirements, except as otherwise expressly allowed:

1.

Private lots or yards in one-family and duplex developments;

2.

Public or private street rights-of-way, including arterial and collector right-of-way landscaping areas required by other regulations, except for the following landscaped areas when installed and maintained by the developer or adjacent property owners:

a)

Landscaped areas at least fifty (50) feet wide located in the median of a public right-of-way; or

b)

Landscaped areas at least fifty (50) feet wide located in the bulb of a cul-de-sac street.

3.

Land that is burdened by an exclusive utility or other easement;

4.

Open parking areas and driveways;

5.

Land covered by structures;

6.

Selection criteria for open space lands stated in this Subsection and with the minimum amount of open space determined under Paragraph (c)(1) above; and

7.

Detention or retention ponds in residential developments, except that detention or retention areas and storm water management structures or facilities may be used to meet open space requirements if such areas or facilities meet the criteria set forth in Subparagraph 13.07.140(c)(9)f. above.

(2)

Selection criteria for private pocket parks. Pocket parks may be used to satisfy the open space requirements in this Section. Pocket parks are typically private open areas installed by the developer and owned and maintained by the property owners in the subdivision. Recommended guidelines for sizes of pocket parks are listed in the Town of Parker Parks and Open Space Master Plan. Land may be considered for a pocket park if the following criteria are met:

a.

Pocket parks shall be accessible to residents living within a one-quarter-mile radius;

b.

Land will not be considered for a pocket park if it is an exclusive utility or other easement, public street right-of-way or pedestrian walkway required under other regulations, or contains topographical or hazardous obstructions that would preclude development as a pocket park; and

c.

Maintenance of these parks shall be the responsibility of the subdivision, and these parks shall be developed to Town standards.

(3)

Design criteria for open space lands. All open space, including pocket parks, shall be subject to the applicable design criteria for open space lands stated in Paragraph 13.07.140(c)(8) above.

(e)

Cluster developments.

(1)

Intent. A cluster development is a development or subdivision in which, typically, lots are smaller than otherwise required in the zoning district ("cluster lots"), but in which the overall number of lots does not exceed the maximum number of lots limited by the zoning district. The intent is to provide an optional method for residential development or subdivision that permits clustering of individual lots or building sites in order to:

a.

Preserve open space in amounts that are greater than that achievable with more conventional subdivision design and thereby help to preserve the Town's natural and open areas;

b.

Protect environmentally sensitive areas such as steep slopes, ridgelines, stream systems, wetlands and wildlife habitat and corridors; and

c.

Promote a more flexible and economical residential layout and street design to provide a more efficient and aesthetic use of open space and to reduce infrastructure costs.

(2)

Applicability. Cluster development is permitted in the following zoning districts and locations:

a.

A Zoning District.

b.

ER Zoning District.

c.

SR Zoning District.

d.

PD Zoning District.

e.

Parcels subject to the hillside protection standards stated in Section 13.10.100 of this Title.

(3)

Permitted uses. All residential uses permitted in the zoning district are allowed in a cluster development, except as may otherwise be limited by Section 13.10.100 of this Title.

(4)

Minimum parcel size. Cluster developments are permitted on any parcels or tracts with a minimum gross area of ten (10) acres, except there is no minimum parcel size for cluster developments on parcels subject to the hillside protection standards stated in Section 13.10.100 of this Title.

(5)

Minimum lot dimensions and yards. All dimensional and yard (setback) standards in the zoning district shall apply to cluster lots, except as follows:

a.

Minimum lot area for cluster lots. Four thousand (4,000) square feet.

b.

Waivers from lot requirements. In order to qualify for the following waivers from lot width, front yard and rear yard requirements under this Subsection, the adjacent common open space shall be at least fifty (50) feet wide (measured perpendicularly to the lot line for which the waiver is being requested).

1.

Minimum lot widths. The minimum lot width in the zoning district shall be waived when one (1) or more side lot lines are adjacent to common open space.

2.

Minimum front yard. The minimum front yard requirement shall be waived when the front lot line is adjacent to common open space.

3.

Minimum rear yard. The minimum rear yard requirement shall be waived when the rear lot line is adjacent to common open space.

(6)

Minimum common open space requirement. The following percentages shall be the minimum amount of common open space, as applied to the total gross land area shown on the subdivision plat:

a.

A District: eighty percent (80%).

b.

ER District: forty percent (40%).

c.

SR District: forty percent (40%).

d.

PD Zoning District and parcels subject to the hillside protection standards stated in Section 13.10.100 of this Title: forty percent (40%).

(7)

Organization and design of common open space.

a.

Common open space in a cluster development, and pedestrian connections to such open space, shall be provided so that at least twenty-five percent (25%) of all lots in a cluster development shall be platted adjacent to, or across a street from, designated common open space.

b.

Common open space in a cluster development shall be subject to all relevant selection and design criteria stated in this Section.

(8)

Perimeter buffer required.

a.

General rule. A minimum thirty-foot-wide buffer shall be established along the perimeter of the cluster development property. Such buffer shall be kept free of buildings, structures and parking areas, and shall be landscaped, screened or protected by natural features in order to minimize potential adverse impacts on surrounding land uses and properties. The land area devoted to this buffer may be credited toward the minimum common open space requirements in Subsection (c) above.

b.

Exception. A perimeter buffer is optional for a cluster development that is part of a larger community subject to an approved PD Master Plan, provided the cluster development is bordered on all sides by property subject to the same PD Master Plan.

(9)

Criteria for approval of a cluster development. The Town Council may approve a cluster development if it finds that:

a.

The cluster development meets all other applicable requirements set forth in this Section;

b.

The cluster development, compared with a more traditional site development plan, better attains the policies and objectives of this Section and the Land Development Ordinance, such as avoiding development in sensitive environmental areas such as slide areas, steep slopes, wetlands and stream corridors, providing more open space, and preserving existing trees and vegetation coverage;

c.

The cluster development will have no significant adverse impacts on adjacent properties or development, or the developer has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination standards and other design features as recommended by the Planning Director to buffer and protect adjacent properties from the proposed cluster development; and

d.

The architecture, height, building materials, building colors and other design features of the cluster development are compatible with adjacent properties or development and blend with the surrounding natural landscape.

(10)

Restriction on common open space. Proof that a deed restriction or easement on the common open space has been recorded, as required by Subsection (f) below, shall be submitted before the Town may issue building permits for construction in a cluster development.

(f)

Use and provisions for ownership of common open space. All common open space land shall be utilized only for passive or active recreation or for conservation purposes, shall be permanently reserved as open space in a manner satisfactory to the Town and shall be either:

(1)

Dedicated to or purchased by the Town, subject to the Town's acceptance;

(2)

Subject to a conservation easement or other, similar deed restriction; or

(3)

Owned by a nonprofit land trust or similar organization approved by the Town.

(g)

Maintenance of common open space. The owners of the development property shall be responsible for maintenance of all common open space, unless dedicated to the Town or unless an agreement to maintain is executed with the Town.

(Ord. 3.232 §1, 2005; Ord. 3.169 §1, 2001)