To further the goals and objectives of the Oakley City General Plan, for any MPD proposal, a bonus density above the base density for the appropriate zone may be awarded through a mutually acceptable development agreement and by utilizing one or more of the following incentives. Standards for evaluating open space protection and preservation are found in Section 11.0 of the General Plan and 13-15-11 of this Title and should follow the appropriate CEDAR guidelines of review as established therein (regardless of a Sensitive Lands Overlay (SLO) Zone status). It should also be noted that bonus density is not an entitlement or vested right and the calculations listed herein only provide a maximum bonus. Any bonus density does not modify the existing underlying zone designation(s). This maximum bonus density or a reduction thereof are negotiated in the final development agreement for the MPD based upon the degree in which the City realizes a real and sustainable public benefit.

1. Deed Restricted Open Space: Deed restricted open space land consists of land in a subdivision or MPD that is left undeveloped and is deed restricted for public or private agricultural, scenic, open greenspace, or recreational purposes. Deed restricted open space does not include open areas in private individual residential lots, public roads, private road, parking spaces and drive aisles in parking lots, land covered by structures not designated for active civic recreational use, and outdoor storage areas. Deed restricted open space is not a requirement for the development of base density, except in those instances where due to the number of lots an MPD is required (See 13-5-10). Deed restricted open space is a requirement for the development of bonus density. Bonus Density Calculation: If the number of lots in a proposed subdivision within an MPD is greater than the base density, then so long as: a) the number and configuration of the lots complies with section 13-5-10 of this Title, and b) the greater of either the deed restricted open space required by this appendix or the ten percent (10%) open space minimum requirement of subsection 13-5-10E6 of this Title is set aside, the applicant shall be entitled to such increased number of lots in excess of base density. The amount of required deed restricted open space is calculated using the following formula: OS = (Z x L) - (0.7 x A) Where: OS - Required deed restricted open space, expressed in acres. A - Area of parcel(s) being subdivided, expressed in acres. Z - Zone factor which is the land area required to support a single dwelling unit or lot at base density. Expressed in acres per dwelling unit or lot. L - Number of dwelling units or lots being proposed. With the adopted zone districts: AR-5 Z=5 AR-10 Z=10 AR-20 Z=20 AR-40 Z=40 RR-2 Z=2 RR-1 Z=1 For all CR zones, the Z factor is equal to the established density in dwelling units per acre converted to acres per dwelling unit. Max number of dwelling units or lots at base density, Lb = A/Z. When the number of dwelling units or lots proposed exceed the base density (L > Lb) then deed restricted open space is required. NOTE: No more than fifty percent (50%) of the required deed restricted open space can consist of undevelopable lands i.e., wetlands, slopes over 30%, etc. Example: For a 40-acre parcel in AR-5 Zone, Z=5 acres per dwelling unit and therefor the base density, Lb=40/5 or 8 dwelling units. If 11 dwelling units are proposed to be developed, then deed restricted open space is required in the amount: OS = (Z x L) - (0.7 x A) OS = (5 x 11) - (0.7 x 40) 27 acres of deed restricted open space is required. The developable area is thus 40 - 27 or 13 acres for 11 units plus any associated infrastructure. In this example, no more than 13.5 acres (half of 27 acres) of required deed restricted open space can consist of undevelopable lands (wetlands, steep slopes etc.).
2. Weber River Protection Bonus Density Calculation: For development projects which border or cross the Weber River, an increased density bonus is offered if the dedicated open space encompasses the river corridor in a width which the City determines will provide a realistic buffer of protection to the river (i.e. very limited disturbance, roadless areas, grazing restrictions, etc.) For larger project parcels which have adequate land, the minimum deed restricted protected open space setback shall be 300 feet from the high-water level mark of one or both sides (if the property crosses the river). This section is used as an alternative to section A above and not in addition. Utilizing the same criteria as specified in section A above, this slight formula adjustment allows for more density within a larger developable parcel acreage. OS = (Z x L) - (0.8 x A) NOTE: In this scenario, no more than fifty percent (50%) of the required deed restricted open space can consist of undevelopable lands i.e., wetlands, slopes over 30%, etc. outside of the river protection corridor which is exempt from this requirement. Example: For a 40-acre parcel in AR-5 Zone, Z=5 acres per dwelling unit and therefor the base density, Lb=40/5 or 8 dwelling units. 2 acres will be used to provide the river protection open space, leaving 38 acres for use in the development parcel and the value of “A” in the calculations. If 11 dwelling units are proposed to be developed, then deed restricted open space is required in the amount: OS = (Z x L) - (0.8 x A) OS = (5 x 11) - (0.8 x 38) 24.6 acres of deed restricted open space is required. The developable area is thus 38 – 24.6 or 13.4 acres for 11 units plus any associated infrastructure. In this example, no more than 12.3 (half of 24.6 acres) acres of required deed restricted open space in the 38-acre development area can consist of undevelopable lands (wetlands, steep slopes etc.). The 2-acre protected area does not count against this limitation.
3. Public Non-Motorized Trails Bonus Density Calculation: In addition to section A or B above, a bonus density may be achieved through the dedication of a public non-motorized trail access easement. This option is only available if the trail can become viable (i.e., completed through the property, can be maintained, and constructed in a sustainable manner) and is part of an overall City trail plan. In this scenario, a maximum bonus of two lots or dwelling units may be granted for every 300 feet of trail easement across a minimum of a five-acre parcel. A maximum bonus of one lot or dwelling unit may be granted for every 300 feet of trail easement on a minimum of a two-acre parcel. Trail construction, fencing, and upkeep are to be negotiated through the MPD joint development agreement. The type of trail surface and width is dependent upon the City trails plan or immediate transportation objective.
4. Water Conserving Landscape Designs and Systems. In addition to bonuses allowed above developments and subdivisions which construct and implement a sustainable secondary irrigation system for all landscaping and irrigated open space, or as an alternative provide one hundred percent (100%) xeriscaping on non-secondary systems, lots may be granted a special density bonus. Secondary systems must be managed and kept in good and proper working condition by a private entity such as the HOA or contract with an outside entity or the City for the same at homeowner’s expense. Up to one quarter (1/4) additional lot bonus density may be awarded per one (1) lot which meets these standards.
5. Other Density. As per a joint development agreement, some development density may be awarded for the contribution to the City of critical public infrastructure and related property beyond the needs of the development. This type of density bonus is critically reviewed by the Planning Staff, the City Engineer, Planning Commission, and City Council. This is not a common source of density, if even allowed, and must present a clear, viable, and sustainable public benefit to the City.
6. Non-Residential Density: Analogous to the concept of residential density in residential green space design developments is the concept of floor area ratios in nonresidential green space developments, i.e., commercial projects. Developers are given a base-level floor area ratio, a minimum percentage green space (above and beyond constrained land), and related standards to be met in their projects. Density bonuses, in terms of increases in the allowed floor area ratio, would also be possible in exchange for increased green space or other project enhancements.
7. Affordable Housing. Units required to meet any additional residential affordable housing obligations of a subdivision or project as outlined in 13-6-5 above.