In addition to the public parks and public open space requirements set forth in Chapter 1216, a portion of the total project area in a PRD shall be devoted to common open space. Such common open space shall comply with the following regulations:
(a) The common open space in a PRD shall have a minimum area equal to:
(1) 25% of the total project area of a PRD in a D-1 District.
(2) 20% of the total project area of a PRD in a D-2, D-3, D-4, or D-5 District.
(b) Other common areas, including parking areas, land fragments between two or more buildings, land fragments between buildings and parking areas, required yards between project boundaries and buildings or parking areas, and improved recreation areas such as recreation centers, swimming pools, tennis courts, etc., shall not be included as common open space.
(c) Common open space shall be located and designed, insofar as is practicable, so as to:
(1) Be integrally related to the overall design of the development with respect to its location, distribution, size, and shape so as to be beneficial and easily accessible to the maximum possible number of residents of the PRD.
(2) Conserve significant natural features, such as wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, and similar conservation-oriented areas, to the extent practicable.
(3) Be visible from existing public streets within the development and/or generally from many dwelling units within the development that do not directly abut the open space.
(d) The common open space established as part of a PRD shall be:
(1) Retained by the owners of the planned development area;
(2) Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as common open space; or
(3) Offered to the City for public open space. The City shall have the right to not accept any land area offered to the City. In the event of such refusal, the conditions of either paragraph (c)(1) or (2) above shall apply. Any land area that is accepted by the City for dedication as public open space shall also continue to be counted toward the requirement for common open space.
(e) The legal articles relating to the ownership, management, public easements if any, and maintenance of such common open space shall be reviewed and approved by the City’s Law Director. The Law Director shall indicate such approval prior to the development plan being approved by the Planning Commission.
(f) In addition to the common open space requirements set forth in this section, all residential developments shall comply with the requirements for public parks and public open space set forth in Chapter 1216.
(Ord. 75-2005. Passed 10-11-05.)