1. Developable Acreage. Total plat square footage minus any land determined unbuildable according to section (2) below.
   
2. Unbuildable Acreage. Is that acreage as defined in 5-4-406 subsection a., b., c., and e.
   

1. The intent of the parks open space ordinance is to offer developers the opportunity to plan higher quality developments with a wider variety of plans at the same time providing parkland in those areas required in the Parks Master Plan, but the ordinance does not guarantee approval, and it is the responsibility of the developer to demonstrate to the Planning Commission and City Council that their proposal is better for the City of Highland than the traditional R-1-40 zone and an outright purchase of parkland. For the good and enhancement of Highland City, this provision is intended to:
   1. Encourage better utilization of city park funds by receiving park sites through dedication as opposed to purchase;
   2. Promote imaginative, well designed subdivisions which provide flexibility in the creation of parkland; and
   3. Develop a sense of community and insure compatibility with surrounding neighborhoods.
2. Previous parkland Bonus overlay Subdivisions were approved as follows: The Planning Commission may recommend and The City Council may approve Parkland Bonus Overlay Subdivisions in the R-1-40 zone.
3. No new Parkland Bonus Overlay Subdivisions shall be created or approved on or after January 1, 2024. This Article is retained within this Code as a legacy ordinance that serves solely as reference for existing Parkland Bonus Overlay Subdivisions.
   

Parkland bonuses should encourage the developer(s) to incorporate a definite development theme which includes elements of usable space, residential use and amenities, a well planned vehicle and pedestrian circulation system, treescape and attractive entrances as part of the design.

1. A parkland bonus shall be allowed only within R-1-40 Zones. The density bonus will be calculated on the total developable acreage of the development. The Parkland Bonus shall only apply to areas designated as future parks on the Parks, Recreation and Trails Element of the General Plan or the Parks Master Plan Map dated March 2001 must be significantly incorporated as part of the overall development proposal.
   
2. Property owners requesting consideration of parkland bonus shall make application and demonstrate how this subdivision can provide parkland as defined in the Parks, Recreation and Trails Element of the General Plan or the Parks Master Plan Map dated March 2001.
   
   1. Parkland Bonus shall only apply to property that includes or is immediately adjacent to parks as outlined in the Parks, Recreation and Trails Element of the General Plan or the “Parks Master Plan Recommended Neighborhood Park Areas” circle as illustrated on Figure 2 of the Highland City Park Master Plan, March 2001.
      

The maximum number of lots to be permitted on subdivided property is determined by dividing the developable acreage square footage by thirty one thousand one hundred fourteen (31,114) square feet. Density above a typical R-1-40 allowance (1.09 dwelling units per acre (du/ac)) shall be determined by the City Council and it shall be determined based upon the quality of design, quality of open space, and quality of compatibility with adjacent developed property according to a matrix as defined in Section 3-4809 of this ordinance.

1. The Parkland Bonus Overlay Option shall only be allowed within R-1-40 Zones. The density bonus will be calculated on the total developable acreage of the development.
   
   1. The maximum density allowed by the Parkland Bonus shall be 1.4 units per acre.
      

The minimum percentage of land that shall be designated as parkland and deeded to Highland City shall be specified below:

1. A minimum of thirty percent (30%) of the total tract area.
   
2. All parkland donated under this section may be sold or exchanged for other parkland as is determined to be in the best interests of the City. The developer of a phased project shall have first right of refusal on any subsequent sale by the City of lands acquired by the City in previous phases of the project.
   
   1. In any case, land that is sold or exchanged for other parkland shall be replaced by parkland located within the same master planned subdivision and within the same “Parks Master Plan Recommended Neighborhood Park Areas” circle as illustrated on Figure 2 of the Highland City Park Master Plan, March 2001.
      

Design elements shall be separated into two categories which consist of required elements and preferred elements. The matrix shall be calculated from the developer’s ability to utilize preferred elements. If all of the required elements are not submitted on the proposed development then the Parkland Bonus Overlay may not be used. If the developer does provide all of the required elements then the Council shall approve a minimum of 1.2 du/ac density bonus without additional elements.

1. Required Elements. The following elements are required on all Parkland Bonus Overlay Subdivisions:
   
   1. A minimum of 30% of the entire development shall be designated as park space to qualify for the bonus within this ordinance and only those projects which provide 30% parkland are eligible to use this overlay. 
      
      1. It is the intent of this ordinance to accommodate acquisition of parkland through creative deferral and phasing by the using lots within one phase which can be transferred to another phase per 3-4806(A).
         
      2. All open space provided by the developer shall be deeded to the city by General Warranty Deed and title insurance., acceptable to the City, insuring that the property is free and clear of all encumbrances.
         
   2. All projects shall be required to provide funds in the in an amount equal to 20% of the total cost of the subdivision improvements. Said funds can be secured through bond or cash. The city may take possession of the 20% at any time, in its sole discretion.
      
   3. Lots shall be a minimum of 14,000 square feet, however the subdivision shall be designed to be compatible with existing and adjacent recorded neighborhood lots. The Planning Commission may make recommendations to the City Council to enhance compatibility with adjacent neighborhood lots. 
      
   4. Lots shall have a minimum frontage of 110 feet however 50% of those lots may be between 100 and 110 feet with only 20% of the lots being less than 105 feet. At least 50% of lots adjacent to R-1-40 subdivisions shall have a minimum frontage of 130 feet.
      
   5. A majority of the streets within this overlay may have a minimum of 30’ of asphalt, the modified cul-de-sac cross section or modified 50 foot cross section.
      
   6. Setbacks as follows: 30’ front and rear; 15’ minimum side yard; 30’ on a side yard abutting a right-of-way. All set backs shall be measured from the structure or foundation, whichever is nearest to the lot line. 
      
   7. If the proposed development is adjacent to property developed under the Open Space Subdivision Overlay Option the developer shall provide a twenty (20) foot trail easement to connect adjacent open space with the proposed park property. Only 10% of that trail may be located adjacent to a right-of-way. 
      
   8. If a trail has been indicated on the General Plan Master Land Use Map connecting through the proposed development property, then the developer shall provide a twenty (20) foot public trail easement to connect the trail as indicated on that map. Only 10% of that trail may be located adjacent to a right-of-way.
      
   9. Delineation. If any residences are approved that abut the park, the developer shall provide delineation between all private property lines and any proposed open space. The delineation provided shall be per the specifications of Highland City and installed within the public property along all property lines that abut open space. 
      
2. Preferred Elements. These elements may be provided by the Developer. The elements indicated here will be used by the Council to determine additional density above the 1.2 dwelling units per acre. In order for the developer to obtain the maximum of 1.4 dwelling units per acre, a majority of the following elements shall be provided:
   
   1. At least seventy-five percent (75%) of the perimeter of minimum required open space shall be fronted by a public right-of-way. (30 points)
      
   2. The developer completes a traffic study plan which shows minimal impact of the proposed development to adjacent existing developed subdivisions. (30 points) 
      
   3. Lots along similar adjacent road frontages should have uniform lot frontages as much as is practical subject to review and approval of the Planning Commission. The Planning Commission may allow variations in lot frontages to accommodate reasonable compatibility with adjacent lots and lot configurations that may be required to prevent the inclusion of remnant parcels and to maximize lot potential. (30 points)
      
   4. The developer installs a fence on both sides of any trail easement at a maximum height of 5 foot, and a minimum of 55% open. (20 points)
      
   5. Preservation of existing quality natural areas: vegetation ( mature woodlands/orchards), historic drainage corridors, meadows, ridge lines, view-sheds, buffer zones, parkways and greenbelts etc.(excluding unbuildable acreage) in addition to the required 30% park property. (15 points)
      
   6. CC&R’s that provide architectural control with no more than 10% of the homes having the same elevation which specifies set backs as prescribed in Sec. 3-4104, for side yard garage entrances, hidden garages, building material types landscaping and fencing . Maintains a cohesive community with overall architectural control. (5 points)
      
   7. Artwork, fountains or gateways that provide a unique setting to the development and do not distract from Highland’s natural setting.
      

(Amended 5/15/07) 

The sequence of actions prescribed for Open Space Subdivisions will follow the requirements specified in this section.

1. Pre-Application Discussion. Parkland Space Layout. In order for a project to be considered under the Parkland Bonus.
   
   1. Subdivisions, an applicant must submit to the City a preliminary plan providing a concept showing a Parkland Bonus Subdivision. The open space layout shall be drawn to scale depicting probable roadways, connections to adjacent properties, open space to be conserved and private building spaces. 
      
   2. Open Space Calculation. The open space layout will provide a preliminary calculation of open space preserved and provide segmented parcels of open space with dimensions for rough verification.
      
2. Parkland Overlay Density Matrix. The applicant shall submit to the City a matrix indicating their compliance with Sections 3-4808 and 3-48010 of this ordinance. The City Council shall review the proposed development to determine the overall density. The overall density shall be based upon the applicant’s response to Section 3-48010 of this ordinance.
   
3. Preliminary Plan and Final Plat. The applicant shall conform to the requirements for submission of a plan and plat according to Sec. 5-4-300 of the Development Code. If Preliminary Plat approval is granted all requirements for said plat approval, as is outlined in Sections 5-4-301 - 5-4-310, shall be met at that time.
   
4. Conditional Uses. Only those conditional uses permitted in the R-1-40 shall be considered for approval under this overlay.
   

Parkland Bonuses shall be subject to a matrix to determine the density which will be considered by the City Council. The matrix shall be based on compliance with Section 3-4806 of this Code.

1. A parkland bonus overlay shall only be considered within R-1-40 Zones. The density bonus will be calculated on the total developable acreage of the development. 
   
2. Property owners requesting consideration of parkland overlay bonuses shall make application and petition, according to procedures outlined in section 3-4809. Any award of density bonus shall be reviewed and approved by the City Council.
   
3. A minimum of 30% of the entire development shall be designated as park land to qualify for any bonus within this ordinance.
   
4. To merit a bonus award, the development must demonstrate qualities and advantages beyond what would be required of a standard residential R-1-40 development.
   
5. Parkland bonuses shall be subject to, but not limited to, the elements identified in Section 3-408 of this ordinance. The elements awarding density bonus are defined in Section 3-408 with respective values. The cumulative value indicating overall density is defined below. Cumulatively these elements may not increase residential unit densities beyond those stated in this section. If an applicant can indicate they meet these requirements the city council shall award the appropriate density.
   
6. A bonus density may be granted based on the following scale:
   
   80 points                               = 1.40 overall units per acre
   60 points                               = 1.35 overall units per acre
   40 points                               = 1.30 overall units per acre
   20 points                               = 1.25 overall units per acre
   All “Required Elements”   = 1.20 overall units per acre