(1) Requirements For Residential Subdivisions And/Or Developments, Regardless Of Zone, And For Any Mixed Use Subdivisions Or Developments That Contain Residential Dwellings:
A. The percentage of gross land area to be designated as common open space shall be based upon the overall average residential lot size as follows:
Overall Average Lot Size (Square Feet) | Percentage Of Gross Land To Be Reserved As Open Space | ||
Below 6,000 | 10.0 | ||
6,000 - 7,499 | 8.0 | ||
7,500 - 8,999 | 6.0 | ||
9,000 - 11,999 | 5.0 | ||
12,000 and over | 4.0 | ||
B. Common open space areas are established for use by the subdivision's or development's occupants and guests, but not for the general public living outside the subdivision or development, unless the common open space has public easements running through it that make it publicly dedicated or the land has been dedicated for public purpose. (Ord. 2661, 1-7-2008)
C. Common open space will not be required for subdivisions or developments containing fewer than eleven (11) residential dwelling units unless they are part of a phased development or located in the Indian Creek corridor or the Boise River corridor. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
(2) Requirements For Multi-Family Subdivision And Planned Unit Developments:
A. At least ten percent (10%) of a multi-family subdivision's or planned unit development's gross land area shall be designated as common open space.
B. These common open space areas are established for use by the subdivision's or development's occupants and guests, but not for the general public living outside the subdivision or development, unless the common open space has public easements running through it that make it publicly dedicated or the land has been dedicated for public purpose. (Ord. 2661, 1-7-2008)
(3) Requirements For C-1, C-2, C-3, C-4, I-P, M-1, M-2, H-D, C-D, And A-D Zones:
A. No common open space required unless the subdivision or development is either wholly or partially residential in use, in a residential zone or is a multi-family subdivision or planned unit development in which case requirements as listed under subsections (1) and (2) of this section would apply. (Ord. 2755, 9-22-2008)
B. Additionally, all other landscaping requirements as referenced in this article shall apply unless stated otherwise. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
(4) Criteria For Common Open Space:
A. Nonqualifying Open Space:
1. Street right of way areas.
2. Areas dedicated for future right of way purposes.
3. Stormwater retention/detention areas.
4. Islands/medians at project entrances.
5. Islands/medians/roundabouts throughout the project.
6. Riparian, wetland and wildlife areas (as determined by the appropriate jurisdictional agency).
7. Street landscape buffers. (Ord. 2661, 1-7-2008)
8. (Rep. by Ord. 2805, 11-2-2009)
9. Floodway areas.
10. Drainage easements and/or rights of way.
11. Irrigation easements and/or rights of way.
12. Utility easements. (Ord. 2661, 1-7-2008)
B. Qualifying Open Space: Anything other than what is listed as nonqualifying open space as approved by the city's landscape plan reviewer including, but not limited to, the following items: (Ord. 2805, 11-2-2009)
1. Open park areas of at least one thousand five hundred (1,500) square feet in size.
2. Community gardens.
3. Ponds or water features.
4. Plazas.
5. Additions to a public park or other public open space area.
6. Clubhouse, fitness facilities, enclosed bike storage, picnic areas, swimming pool, play areas, other general recreational facilities.
7. Buffers between differing land uses.
8. Additional street landscape buffer width over and above the required street landscape buffering.
9. Micro pathways (paved or porous surfaced portions and landscaped portion). (Ord. 2661, 1-7-2008)
10. Major pathways (paved or porous surfaced portions and landscaped portions). (Ord. 2805, 11-2-2009)
C. Location Of Open Space:
1. Common open spaces shall be located and designated as common lots platted for common open space purposes when within a platted subdivision. If the project is not a platted subdivision, the common open space must be located within a recorded permanent landscape easement.
D. Minimum Required Landscaping For Open Space:
1. Lawn, either seed or sod.
2. Combination of trees, shrubs and vegetative and nonvegetative ground cover.
3. Areas for active playground purposes shall be designed to minimize injury to children.
4. Common open space should be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, creeks, groves of trees and other naturally occurring features may be left unimproved and undeveloped in their natural state.
E. Connectivity Of Common Open Space:
1. Common open space shall be required to be connected within a subdivision or development by means of five foot (5') wide paved or porous micro pathways with a five foot (5') wide strip of landscaping on each side of the paved or porous surface for a total of fifteen feet (15'), to be located within a common lot if part of a platted subdivision or within a recorded permanent landscape easement if not part of a platted subdivision.
2. The micro pathways and accompanying landscaping strips count towards the required common open space.
F. Americans With Disabilities Act:
1. Landscape areas shall not interfere with pedestrian sidewalk access or pose impediments to those who are disabled or infirm.
2. Landscape buffering and screening devices shall not be constructed to impede or eliminate the pedestrian's ability to access any abutting development.
3. If landscaping creates a continuous perimeter barrier, sufficient pathways shall be provided through the landscaping every six hundred sixty feet (660') unless there are physical barriers like a canal or a cliff that prevent the construction of such access.
4. Any landscape application that may limit access shall be called out so that an appropriate remedy may be found. (Ord. 2661, 1-7-2008)