§ 5.3.6. Residual land design.

A.

Size and configuration

1.

The minimum amount of residual land required in a conservation development must be 80 percent of the total developable land area of the site unless a lesser percentage is allowable as provided in subsections 4, 5 or 6 below.

2.

Residual land in conservation developments must be designed to achieve the maximum contiguous amount of open space possible while avoiding the creation of small, isolated and unusable areas. Roads, pedestrian walkways and trails may connect through the residual land under the standards in subsection 5.3.7.D.

3.

Conservation developments in zoning districts FA-Farming, E-1 Estate, R, R-1, R-2 Residential, and M and M-1 Multiple-family with a minimum lot size of loss than 2.29 acres, where public sewer service is available to the development, are required to provide a minimum of 50 percent of the total developable land area as residential land.

4.

Conservation developments in the FA, FA-1, and E zoning districts in areas outside of officially recognized sanitary sewer service areas or within officially recognized sanitary sewer service areas where it is clearly not feasible to connect to sewer and where on-site septic systems are proposed for individual lots, are required to provide a minimum of 50 percent of the total developable land area as residual land.

5.

When a conservation development is designed to increase the average size of lots by reducing the number of dwelling units by ten percent, the percentage of residual land provided may also be reduced at the discretion of the county commissioners, but in no event can the residual land be less than 50 percent of the total developable land area of the site.

6.

Conservation developments in the FA-1 Farming and E-Estate zoning districts that provide 80 percent residual land and provide public sewer service may increase the number of dwelling units by 20 percent. This increase is an incentive to the developer and benefits the community by maximizing the protection of open space and water quality as required by the master plan fairness principles. The density bonus is to be awarded at the discretion of the county commissioners upon finding that there is a significant public benefit due to the design of the conservation development, the feature(s) being preserved in the residual land and the project complies with the standards for all development required by section 8 in this code.

7.

Residual land includes agricultural uses and natural features located on the site, including, but not limited to, steep slopes; floodplain hazard areas; unique geologic features; ridgelines; unique vegetation and critical plant communities; stream corridors; areas containing threatened or endangered species; and special places of Larimer County.

8.

Where practical, residual land should be located contiguous to and be connected with other residual land on the site or residual land adjacent to the conservation development boundaries. Connectivity is based on visual connections for residents of the development and, where applicable, physical connections for wildlife habitat.

9.

Residual land may include such uses as pedestrian and bicycle areas, buffer areas and common area devoted exclusively to the use of the residents of the conservation development and their guests.

B.

Uses in residual land.

1.

All residual land must be maintained and remain undeveloped in perpetuity using a legal instrument such as a development agreement or conservation easement to set forth such conditions and restrictions, except as noted in subsections a through f below:

a.

Land in a cooperative planning area designated in an intergovernmental agreement may be developed as a conservation development with the residual land designated for future development upon its inclusion in a GMA district. These details must be addressed in the development agreement, which must be recorded and become a part of the permanent record of the development approval.

b.

Uses in residual land are limited to such uses, accessory structures and improvements necessary for agricultural uses or for the educational, cultural, recreational or social enjoyment of the residents of the conservation development and their guests, and any utility services, including community sewer systems, providing the coverage of all structures and improvements in the residual land does not exceed five percent of the residual land. Examples of such uses include, but are not limited to, golf courses, pools, spas, jacuzzis, children's play areas, court and field games, walking trails, bicycle paths, picnic areas, community buildings or centers and stables or arenas. All accessory structures and improvements must be described in the development agreement and included in the use plan for residual land and/or common area for the conservation development. Accessory structures must be appropriate to the use of the residual land as stated in the use plan for residual land and/or common area. Structures and improvements that count toward the five percent include barns, silos, animal shelters, swimming pools, tennis courts and other similar improvements.

c.

Those portions of residual land devoted to agricultural use may include accessory structures directly related to and necessary for the agricultural use. A farmstead may be allowed in the residual land and, if included, counts toward the total allowed residential density in the development.

d.

Residual land areas containing environmentally sensitive areas or features can not contain any structure or improvements, except walkways or trails, provided such areas are determined to be appropriate for walkways or trails and they can be constructed with minimal disturbance to environmentally sensitive areas.

e.

Residual land areas must not include road rights-of-way or parking areas, except in projects with a ratio of 20 percent developed area to 80 percent residual land, the road right-of-way, up to 70 feet in width, may be included in the calculation of the required residual land.

f.

Residual land may be divided into 35-acre or larger parcels. The number of such parcels created in a conservation development counts against the total number of dwelling units allowed by the current zoning, and the area contained within the building envelope on each of these parcels counts against the total developed area and not as residual land. Design of these lots will include the siting of building envelopes, access roads and driveways, utility and drainage easements and other facilities in relation to the purpose of the conservation development regulations stated in section 5.3.1 above. All 35-acre and larger lots in conservation developments must be included in the use plan for residual land and/or common area for the project and identified in the development agreement.

g.

The residual land in a conservation development is private property and not available to the public.

(Res. No. 11122002R001, 9-23-2002; Res. No. 12152015R001 , Exh. A, § 9, 12-15-2015)