This section addresses the character and design of those portions of development that are not occupied by platted lots or streets and that are reserved for open space, public parks, and greenways. The purpose of this section is to:
(a) Establish the standards and criteria under which portions of land associated with development shall reserve and dedicate land to the city for the purposes of development as private open space, public parks, greenways or other recreational spaces; and
(b) Establish minimum ownership and maintenance standards for homeowner and property owner associations related to private formal and informal open space areas associated with development.
(Ord. 21-161, passed 12-13-2021)
(a) This chapter shall apply to all zoning districts, concept areas and densities as identified in Table 1230-1 after the effective date of this code.
(b) The Code Administrator shall not grant a zoning permit for any building or structure shown in a subdivision or development subject to the provisions of this chapter unless the open space allocated to that phase have been conveyed under one of the options established in this chapter.
(Ord. 21-161, passed 12-13-2021)
(a) Amount of open space required.
(1) Table 1230-1 identifies the minimum amount of open space that must be established for certain types of developments allowed by this code.
Table 1230-1: Open Space Requirements | |||
Zoning District and Concept Area | Proposed Gross Density | Required Open Space Set-Aside | |
Minimum % of Improved Open Space | Total % of Open Space | ||
RPD | Under 4 units per acre | None required | 20% |
4 to 12 units per acre | 5% | 25% | |
Over 12 units per acre | 10% | 30% | |
MUO - Town Center | Up to 12 units per acre | 5% | 5% |
12 to 18 units per acre | 7% | 7% | |
18 to 25 units per acre | 10% | 10% | |
MUO - Lake Road | Up to 12 units per acre | 5% | 5% |
12 to 18 units per acre | 7% | 7% | |
MUO - Lear Road | 4 to 12 units per acre | 3% | 3% |
(2) Where a minimum percentage of open space is required to be improved open space, that percentage shall be based on the gross site area of the proposed project, including all rights- of-way.
(3) The area of improved open space may also count toward the total percentage of open space for the entire project, which shall also be based on the gross site area of the proposed project, including all rights-of-way.
(4) Areas counted as improved open space: for the purposes of complying with this division, the following features shall be credited towards the improved open space requirements, if approved as such by City Council in review of the open space:
A. Land occupied by active recreational uses such as pools, ball fields, playgrounds, tennis courts, jogging trails and residential community centers used primarily for recreation purposes;
B. Formally planned and regularly maintained open areas that include arranged plantings, gardens, gazebos or similar structures, fountains, sculpture, and other forms of public art;
Figure 1230-A: Formally planted areas and gardens can be credited toward improved open space requirements.
C. Squares, forecourts, plazas, parks, public art, sculpture or fountains or other water features designed in accordance with the standards in this division; and
D. Where such features provide a clear community benefit, City Council may credit plazas and sidewalk areas exceeding the minimum sidewalk width requirements that contain at least four of the following features towards the improved open space area requirements:
1. Seating elements;
2. Specialized or decorative paving features;
3. Pedestrian lighting beyond that required to illuminate public rights-of-way;
4. Arcades, canopies, awnings, or overhangs to shield pedestrians;
5. Street furnishings, including, but not limited to, planters, waste receptacles, bicycle racks, drinking fountains, or shelters for persons utilizing public transit; or
6. Community informational kiosks.
Figure 1230-B: Features such as planters, seating elements, and sidewalk arcades or overhangs can be credited towards improved open space.
(5) Regulations for general open space.
A. Beyond any open space areas defined as improved open space, the open space may include fields, landscaped areas, natural areas and the like that are not specifically excluded from the calculation by this chapter (see division (a)(6) of this section). Such spaces shall still comply with all general requirements for open space as established in this chapter.
B. Stormwater management devices, including retention ponds, and other bio-retention devices, can be counted towards the overall open space requirement when such features are treated as a site amenity and to qualify, they shall support passive recreation uses by providing access, gentle slopes less than three-to-one (3:1), and pedestrian elements such as paths, benches and similar aspects.
Figure 1230-C: Illustrative example of a stormwater pond designed as a project amenity.
(6) Areas and uses not counted as open space: the following areas shall not be counted toward compliance with open space requirements:
A. Private and public roads, and associated rights-of-way;
B. Public or private parking spaces, access ways, driveways and other vehicular use areas;
C. Required minimum spacing between buildings and required yard setbacks;
D. Land that is subject to pre-existing conservation easements or other similar protected open spaces;
E. Above-ground buildings, pipes, apparatus and other equipment for community or individual use, septic or sewage disposal systems;
F. Substations or public utility easements;
G. Dry stormwater detention basins or facilities; and
H. Leftover slivers of land that has no value for development, that is not part of a larger improved open space set aside, and is not a natural resource (e.g., river or stream corridor, large forest stand, wetland) that contributes to the quality of the overall project, as determined by Planning Commission and City Council.
(b) Permitted uses in open spaces. The following uses may be permitted in required open space:
(1) Areas preserved in their natural state as wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented areas;
(2) Outdoor active or passive recreational uses for the use and/or enjoyment of the residents of the proposed development. Any restricted open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access;
(3) Utilized for the raising of crops when authorized in a conservation easement or in the association’s covenants and restrictions; and
(4) Any other similar uses approved by the Planning Commission during the applicable review procedure.
(c) Design standards for open spaces. Land set-aside as open space shall comply with the following standards.
(1) All areas of open space shall be accessible to residents or users of the development by providing at least ten feet of frontage on a public street.
(2) All areas of the open space shall have a minimum width of 50 feet with the exception of trails and sidewalks that may provide access to the required open space, in which case, those areas of sidewalks and trails may be as narrow as ten feet in width.
(3) The open space shall be located and designed to the satisfaction of the Planning Commission and shall be sufficiently aggregated to create large areas of planned open space.
(4) The open space shall conserve significant topographic and landscape natural features to the extent practicable.
(5) Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(6) All open space required by this chapter, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on all approved plans.
(7) Where open areas, trails, parks or other open space resources are planned or exist adjacent to development, the open space shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.
(8) Provision of open space in multi-phase developments.
A. Development proposed in phases shall be considered as a single development for the purposes of applying the open space set-aside standards required in this chapter.
B. The open space set-aside for the entire project shall be reviewed and approved as part of the preliminary plat process.
C. Development shall not be phased solely as a method to avoid the minimum open space set-aside standards in this chapter.
D. In cases where less than 100% of the total amount of open space set-aside is provided within the first phase of a multi-phase development, the open space set aside required shall, at a minimum, be apportioned into each of the remaining development phases. At any point, the applicant may fulfill the open space set-aside requirements prior to completion of the development or subdivision.
(Ord. 21-161, passed 12-13-2021)
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