A minimum of 20% to a maximum of 50% open space shall be provided in each MPC Zone to include natural maintained choice open space or improved parks as approved by the City Council. Open space that is unbuildable because of slope or contamination shall not be considered as open space.
(A) Detention basins may count as open space only if they provide recreational amenities, including but not limited to: playgrounds, gazebos, exercise stations, or sports fields with parking lots.
(B) Park strips, curb, gutter, sidewalks, and publicly dedicated streets shall not count as open space.
(C) A method approved by the City Council to maintain open space shall be established prior to the approval of the MPC Zone. Preservation, maintenance, and ownership of required open spaces within the MPC Zone may be accomplished by any of the following:
(1) Dedication of the land to the city as a public park or trails system.
(2) (a) Granting to the city a permanent open space easement on or over any privately-owned open space to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of the owner of a Home Owner's Association (HOA) established by bylaws which are satisfactory to and approved by the city.
(b) 1. The city may provide temporary approval for an HOA for an initial one year probationary period, during which time the City Council may monitor the effectiveness of the HOA.
2. If at the end of the one year probationary period, it is determined by the City Council that the HOA is unable or unwilling to meet the requirements established by the city in maintaining the open space or within the bylaws established for the HOA, the city may terminate its approval of the HOA and create a special assessment area that covers the landowners within the MPC Zone for the purposes of financing the costs of improvements, operations, and maintenance of the open space areas.
(3) The city may, at their discretion, create a special assessment area that covers landowners within the MPC Zone to provide for the benefit, improvement, and maintenance of the open space areas.
(Ord. 2022-007, passed 9-13-2022)