17.89.110 Open space.
In order to be approved, a preliminary PRD application must demonstrate that all of the following performance standards are met:
A. Common open space shall comprise at least 30 percent of the gross area of the PRD, and shall be used as a recreational, park or environmental amenity for collective enjoyment by the property owners within the PRD. Common open space shall not include public or private streets, driveways, parking areas or the required setbacks, required perimeter setbacks, or required yards for buildings or structures. A minimum of 70 percent of the required common open space shall be located on separate open space tracts shown on the face of the plat. A maximum of 30 percent of the required common open space may be comprised of open space on contiguous residential lots within the PRD. The face of the PRD and the covenants, conditions and restrictions shall include designation of these required common open space areas as open space, as well as the requirements for the property owners within the PRD to maintain such open space, unless arrangements are made pursuant to subsection (F)(2) of this section.
B. No naturally submerged lands on site will be counted as open space.
C. At least 50 percent of the common open space area must be usable for active or passive recreation, and which is also not utilized as a utility improvement or structure.
D. Common open space may contain such structures and improvements as are necessary and appropriate for the out-of-doors enjoyment of the residents of the PRD.
E. All common open space must be unique to the project, and may only be credited a single time and to a single project. Such open space may also include a proportionate contribution that is a portion of a city-approved off-site mitigation.
F. Land shown in the final development plan as common open space, and landscaping and/or planting contained therein, shall be permanently maintained by and conveyed to one of the following:
1. An association of owners shall be formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and adopt and improve a declaration of covenants and restrictions on the common open space that are acceptable to the city in providing for the continuing care of the space. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. No change of use may be considered as a waiver of any of the covenants limiting the use of common open space area, and all rights to enforce these covenants against any use permitted are expressly reserved to the city as well as the owners.
2. A public agency which agrees to maintain the common open space and any buildings, structures or other improvements, which have been placed upon it.
G. Common open space shall be suitably improved for its intended use, except when it contains natural features worthy of preservation which may be left unimproved. The buildings, structures and improvements to be permitted in the common open space are those appropriate to the uses which are authorized for the common open space. (Ord. 1389 § 14, 2018; Ord. 1131 § 4, 2008; Ord. 867 § 11, 2001; Ord. 573 § 2, 1990).