Public sites and open spaces shall conform to the following standards:
A. Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in section 67-6517, Idaho Code is located in whole or in part within a proposed subdivision, the city council shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the subdivision for sixty (60) days, the city council shall resume consideration of the subdivision.
B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision.
C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development.
D. Common Area Open Space: The minimum percentage of the gross area that must be set aside for common area open space in new subdivisions shall be as follows:
Zoning District | Open Space |
R-2 | 18 percent |
R-3 | 18 percent |
R-4 | 18 percent |
R-5 | 18 percent |
MU (with residential uses) | 18 percent |
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall be developed as active open space, as defined in section 9-1-6 of this title.
2. Compliance: All common area open space shall be evaluated for its compliance with the following:
a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment.
3. Direct Access: A minimum of thirty percent (30%) of all lots shall be designed to be adjacent to, or at a minimum, have direct access to common area open space. The term "direct access" means all building lots are to be located a maximum of two hundred fifty feet (250') away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway shall be deemed to have achieved direct access. The required planter strip located between the sidewalk and the street will not be permitted to fulfill this requirement.
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.
b. Management Plan: Applicant shall submit a plan for management of open space and common facilities (plan) that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
c. Temporary Maintenance By City; Corrective Action: In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city of Eagle may assume temporary responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance shall be charged to the owner, homeowners' association, or to the individual property owners that make up the homeowners' association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. The exercise by the city of Eagle of its right to assume temporary maintenance responsibility to take corrective action shall not relieve the property owner of their maintenance responsibility nor should it be construed as the city assuming permanent responsibility for such maintenance. (Ord. 566, 5-15-2007)