Chapter 17.40


17.40.010    Approval by council.

17.40.020    Lease of open space for private use.

17.40.010 Approval by council.

The council may authorize, by ordinance, after a public hearing and a recommendation by the plan commission held and made in the manner provided herein, the location and development in the R-1 and R-2 residence districts of a planned residential development of single-family dwellings, on not less than forty (40) acres of land; and provided, that:

A.    The plan is consistent with the intent and purpose of this chapter;

B.    The buildings shall be used only for single-family dwellings and permitted accessory uses such as garages, storage space and project activities;

C.    1.    The specific requirements of this chapter for intensity of land use and yards for the designing residential district in which the development is located shall be maintained.

2.    All other sections of this chapter may, by specific mention, be varied in whole or part for any planned residential development under this section.

3.    However, in no case shall the allowable lot area in any residential district be reduced to less than the lot area required in the next less restricted residential district and in no case shall a reduction of lot width be allowed to less than one hundred twenty (120) feet.

4.    Where a reduction of lot area or width is allowed, within the limits above, an area equal to the reduction allowed shall be added to the public open space required by Title 16 unless otherwise provided in accordance with Section 17.40.020;

D.    All requirements of city ordinances relating to the division of land, construction of buildings and the official plan must be complied with. (Prior code § 17.32(1))

17.40.020 Lease of open space for private use.

In order further to encourage developers to preserve substantial areas as open space, the developer who requests an ordinance authorizing a planned residential development may make it a condition of his offer of the extra open space required by a planned residential development that all or a specific part of such land be leased for the use of the residents of the proposed subdivision or some other group of persons designated in the lease. Such lease would provide that:

A.    The land would be maintained in an orderly and attractive fashion by the lessee or agent at lessee’s cost;

B.    An annual rental equal to what the local taxes would be, such rental to be determined, collected and distributed in the manner of local taxes;

C.    The land may be used exclusively by lessee or its invitees;

D.    Lessee may add improvements to the land which are consistent with the use of the land specified in the lease;

E.    The lease will terminate at any time when the lessee changes the use of the property without consent of the city or fails within thirty (30) days of receiving written notice from the city to maintain the property in an orderly and attractive fashion;

F.    Such lease shall be for an indefinite term;

G.    The city may, at any time after fifteen (15) years from the start of the lease, upon one hundred twenty (120) days’ notice in writing, cancel the lease in order to put the land to a public use. In the event of such cancellation, the city shall pay lessee the market value of any improvements on the land, such as tennis courts and swimming pools, exclusive of grading, which lessee shall have made and which lessee shall not choose, within thirty (30) days of receiving notice of cancellation, to remove from the leased land. The market value of any compensable improvements shall be determined by mutual agreement within sixty (60) days of the receipt of the notice of cancellation or referred by each party of arbitration with each party selecting an appraiser and the two thus selected choosing a third arbitrator. The decision of a majority of the arbitrators shall be conclusive on both parties. Their expenses shall be borne equally by both parties. (Prior code § 17.32(2))