Building Height. Building heights will range between one and three stories and up to fifty five feet in height, except in Parcels A and C3, where building heights up to five stories may be considered through the PUD waiver process pursuant to Sec. 17.28.110 of the LMC and the guidelines set forth in the City’s 2013 Comprehensive Plan policy for Rural Special Districts, including a requirement for clustering of buildings. Clustering shall be achieved by the recording of deed restrictions on certain portions of the property, in a form approved by the City, such that the restricted property may only be used for common open space (“Common Open Space”) as defined by the LMC and further described in Subsection C below. More specifically: (a) Structures shall be deemed clustered on Parcel A of the Amended GDP if: (1) through the PUD review process the City Council determines, following recommendation of the Planning Commission, that the building placement and site design on Parcel A achieves clustering consistent with the intent of the Comprehensive Plan; and (2) prior to or simultaneously with the recording of the first PUD on Parcel A that includes buildings which exceed the maximum building heights set forth in the LMC or adopted design standards, a Common Open Space deed restriction is recorded against the Common Open Space areas identified on Parcel A on the Amended GDP. (b) Structures shall be deemed clustered on Parcel C of the Amended GDP if: (1) through the PUD review process the City Council determines, following recommendation of the Planning Commission, that the building placement and site design on Parcel C achieves clustering consistent with the intent of the Comprehensive Plan; and (2) prior to or simultaneously with the recording of the first PUD on Parcel C that includes buildings which exceed the maximum building heights set forth in the LMC or adopted design standards a Common Open Space deed restriction is recorded against the Common Open Space areas identified on Parcels B and C on the Amended GDP. (c) Common Open Space shall be available for the use and enjoyment of the owner of such Common Open Space and its authorized visitors. Common Open Space shall be maintained primarily with native and natural vegetation but may contain limited improvements to enhance the use and functionality of the Common Open Space, such as utility easements/corridors, detention and water quality ponds, signage, trails, ponds, benches, storm water improvements, limited landscaping and irrigation, split rail wood fencing limited to four feet in height, landscape walls, small trash receptacles, grills, and picnic areas. ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ and parking areas shall not be permitted within Common Open space areas. All improvements within the Common Open space areas must be approved as part the PUD for the designated area. Common Open Space shall be the maintenance responsibility of the owner of such Common Open Space. Common Open Space that is dedicated in accordance with this Section 3.3 meets (i) the intent of Section 17.28.080 for Parcels on which it is dedicated and (ii) the requirements of Section 17.28.110 as relates to a potential height waiver, subject to Council review of the applicable PUD related to clustering.
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Building Height. Building heights will range between one and three stories and up to fifty fifty-five feet in height, except in Parcels A and C3, where building heights up to five stories may be considered through the PUD waiver process pursuant to Sec. 17.28.110 of the LMC and the guidelines set forth in the City’s 2013 Comprehensive Plan policy for Rural Special Districts, including a requirement for clustering of buildings. Clustering shall be achieved by the recording of deed restrictions on certain portions of the property, in a form approved by the City, such that the restricted property may only be used for common open space (“Common Open Space”) as defined by the LMC and further described in Subsection C below. More specifically:
(a) Structures shall be deemed clustered on Parcel A of the Amended GDP if:
(1) through the PUD review process the City Council determines, following recommendation of the Planning Commission, that the building placement and site design on Parcel A achieves clustering consistent with the intent of the Comprehensive Plan; and (2) prior to or simultaneously with the recording of the first PUD on Parcel A that includes buildings which exceed the maximum building heights set forth in the LMC or adopted design standards, a Common Open Space deed restriction is recorded against the Common Open Space areas identified on Parcel A on the Amended GDP.
(b) Structures shall be deemed clustered on Parcel C of the Amended GDP if:
(1) through the PUD review process the City Council determines, following recommendation of the Planning Commission, that the building placement and site design on Parcel C achieves clustering consistent with the intent of the Comprehensive Plan; and (2) prior to or simultaneously with the recording of the first PUD on Parcel C that includes buildings which exceed the maximum building heights set forth in the LMC or adopted design standards a Common Open Space deed restriction is recorded against the Common Open Space areas identified on Parcels B and C on the Amended GDP.
(c) Common Open Space shall be available for the use and enjoyment of the owner of such Common Open Space and its authorized visitors. Common Open Space shall be maintained primarily with native and natural vegetation but may contain limited improvements to enhance the use and functionality of the Common Open Space, such as utility easements/corridors, detention and water quality ponds, signage, trails, ponds, benches, storm water improvements, limited landscaping and irrigation, split rail wood fencing limited to four feet in height, landscape walls, small trash receptacles, grills, and picnic areas. ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ and parking areas shall not be permitted within Common Open space areas. All improvements within the Common Open space areas must be approved as part the PUD for the designated area. Common Open Space shall be the maintenance responsibility of the owner of such Common Open Space. Common Open Space that is dedicated in accordance with this Section 3.3 meets (i) the intent of Section 17.28.080 for Parcels on which it is dedicated and (ii) the requirements of Section 17.28.110 as relates to a potential height waiver, subject to Council review of the applicable PUD related to clustering.
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