14-13-070 MIXED USE ZONE: Public Open Space and Community Amenities

Every Mixed Use development shall provide parks, trails, open space, and community amenities integrated throughout the development to create an interconnected, walkable, and high-quality neighborhood environment. Mixed Use developments shall provide a minimum of six and one-half (6.5) acres of parks, trails, open space, and community amenities for every one thousand (1,000) projected residents. Required open space shall be calculated using the City's adopted persons-per-household ratio. Required parks, trails, open space, and community amenities shall include permanent improvements appropriate to the size and character of the development that provide opportunities for active recreation, passive recreation, community gathering, and pedestrian connectivity. The following costs shall not be credited toward the required open space improvements: A. Land acquisition costs; B. Utility backbone infrastructure; C. Storm drainage infrastructure; or D. Other non-recreational improvements. E. HOA Parks The following areas shall not be credited toward the required open space unless specifically approved by the City Council through the Development Agreement: 1. Storm drainage facilities. 2. Utility corridors. 3. Undevelopable land. 4. Narrow landscape strips. 5. Parking lot landscaping. 6. Residual open areas. 7. Steep slopes. 8. Areas lacking functional recreational value. 9. Wetlands and protected natural areas The City Council shall determine whether the proposed parks, trails, open space, and community amenities satisfy the purpose and intent of this Chapter and may require additional or enhanced improvements through the Development Agreement. The Development Agreement shall establish the location, design, ownership, maintenance, phasing, and construction of all required parks, trails, open space, and community amenities. Where approved by the City Council, all or a portion of the required open space obligation may be satisfied through a fee-in-lieu contribution established in the Development Agreement. The amount of any fee-in-lieu contribution shall be established in the Development Agreement based upon the estimated cost of acquiring, constructing, expanding, or improving comparable parks, trails, open space, recreational facilities, or other public improvements. Fee-in-lieu contributions shall be used exclusively for the acquisition, construction, expansion, or improvement of parks, trails, open space, recreational facilities, or other public improvements serving the Mixed Use development and surrounding impact area.