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Developer asks to modify open‑space requirement; council tells developer to seek Planning & Zoning waiver
Summary
Developers of the Enclave subdivision proposed road improvements and other on-site amenities in lieu of some open space; the council advised submitting a waiver request to Planning & Zoning because city code ties in‑lieu open‑space contributions to parks.
Preston — Developers seeking to modify open‑space obligations for the proposed Enclave subdivision presented a plan that would reduce dedicated open space while adding road improvements, a relocated 10‑inch water main and onsite amenities such as pickleball courts and a pavilion. The council did not approve changes tonight and instead advised the applicants to take a waiver route through Planning & Zoning.
City planning staff described the layout and noted the proposal would lower the developer’s open‑space acreage while providing other public improvements — notably an extension of roadway to 200 North and roadway upgrades where private owners currently encroach into the right-of-way. Developers said they would prefer to improve roads and infrastructure rather than leave additional open space that may be hard to maintain by an HOA.
City Attorney Lyle Flor and staff advised that Preston’s code (16.28.020) allows a developer to propose in‑lieu alternatives (land or funds), but the code currently ties those in‑lieu contributions to parks and playgrounds. A broader trade — such as road reconstruction in lieu of open space — would require a waiver under city code section 16.32 and a Planning & Zoning recommendation before council action. Council members emphasized they are open to negotiation but that the formal waiver and Planning & Zoning review are the correct procedural steps.
What was decided: Council moved to table the item and directed the developer to meet with staff to determine whether to file a waiver and to present the proposal to Planning & Zoning. Staff will provide a report and guidance to the applicant on appropriate next steps and valuation methodology for any fee‑in‑lieu calculations.
Why it matters: open‑space rules affect lot density, long‑term maintenance obligations and the distribution of park funding across the city. Developers argued some in‑plating open space becomes weed‑filled and under‑maintained if turned over to HOAs; some councilors said money placed into the parks fund can be used more broadly for community recreation improvements.
