(a) Intent and Purpose.
(1) In the normal development of land, it may be unfeasible, unreasonable, or undesirable to require the presence of the minimum amount of open space within a development site. The inclusion of open space requirement alternatives is an approach that allows greater flexibility in how spaces are developed, while still providing the same community benefit that the open space requirements would achieve.
(b) General Open Space Requirements.
(1) Open space shall be considered as the portion of the site that is not devoted to buildings, parking, access, loading or any other paved or hard surface, including sidewalks.
(2) Open space may include retention or detention areas, which shall not account for more than forty percent (40%) of the required open space.
(3) LEED Certified Vegetative Green Roofs may account for no more than ten percent (10%) of open space requirements.
(4) Conservation easements, wetlands, or any water surface shall count toward required open space.
(c) Fee-in-lieu of Open Space.
(1) Mandatory open space minimums may be waived when Planning Commission has adopted a motion establishing a priority for payment in-lieu fees instead of the required open space. Such in-lieu fees may be used for community parks, park improvements, recreational or open space use.
(2) The following requirements shall be met where the Planning Commission has determined that a payment of a fee-in-lieu of open space is permitted.
(3) The in-lieu fees shall be established by motion of Planning Commission as based upon the average value per acre of the total gross site prior to construction or improvements. To calculate this estimate, the total value of the development, as determined by an appraisal, shall be divided by the total gross acreage of the development. The resulting figure shall be the averaged value of the development on a per-acre basis.
A. Calculate the average value per acre of the total gross site prior to construction or improvements.
B. Calculate the total acreage of required open space as applicable.
C. Multiply the value of the value per acre by the total required open-space acreage to obtain the open space fee.
D. The payment of fees-in-lieu of open space shall be collected prior to the issuance of a zoning certificate for each phase of development.
(4) In-lieu fees shall be calculated from Type A open space area requirements as designated within each District chapter.
(5) Fee Allotment.
A. In the event that only a portion of the required open space is met on-site, the remainder of the required open space may be met with a fee-in-lieu as described in this section.
(6) Existing Structures or Redevelopment.
A. If open space requirements are triggered on a property or proposal where the open space requirements are not currently met, the fee-in-lieu may be calculated as a deduction from the existing open space number instead of the full required amount.
B. If a proposal under consideration would increase the available open space on a property that does not currently meet the standards, Planning Commission may waive the remainder of the required open space if the Commission deems the applicant has made a good faith effort at meeting the intent of this section.
(d) Alternative Open Space Types.
(1) Not all open space is the same, and the inclusion of open space alternatives is intended to provide additional flexibility in the development and redevelopment of sites where large amounts of open space may be difficult to achieve. In general, Type A open space types will be passive in nature, requiring less physical improvements but using more space. Type B open space types will have a higher level of improvements, including plantings, hardscaping, and structures, and should be organized in relation to the buildings on site.
(2) Open space requirements shall be met by calculating either Type A or Type B open spaces. Combinations of Type A and Type B shall not be acceptable, unless approved by Planning Commission.
(3) Type A Open Space Types.
A. Passive Greenspace. Natural and semi-natural urban greenspaces including woodlands, urban forestry, scrub, grasslands (e.g., commons and meadows), wetlands, open and running water.
B. Maintained Greenspace. Maintained greenspace, including grass lawn, trees, planting beds, and gardens.
C. Recreational Green. Greens are intended to provide informal, medium scale active or passive recreation for neighborhood residents or employees within walking distance.
D. Greenway. Greenways are intended to provide a combination of informal and well organized, primarily linear open spaces that serve to connect open space types and major destinations within Fairlawn. Portions of greenways may follow and preserve a natural feature, such as a river or stream edge, ravine, or tree row, or man-made features, such as streets. Greenways can be used to define edges of neighborhoods and districts and may be directly adjacent to other open space types.
E. Park. Parks are intended to provide informal active and passive larger-scale recreational amenities to city residents and visitors. Parks have natural plantings and can be created around existing natural features such as water bodies or tree stands. Parks can be used to define edges of neighborhoods and districts.
(4) Type B Open Space Types.
A. Pocket Plaza. Pocket plazas are intended to provide a formal open space of relatively small scale to serve as an impromptu gathering place for civic, social, and commercial purposes. The pocket plaza is designed as a well-defined area of refuge separate from the public sidewalk. These areas contain a greater amount of impervious coverage than other open space types. Seating areas are required and special features, such as fountains and public art installations, are encouraged.
B. Pocket Park. Pocket parks are intended to provide small scale, primarily landscaped active or passive recreation and gathering spaces for neighborhood residents or employees within walking distance. The design and programming of pocket parks should respond to the needs of residents in the immediate vicinity.
C. Square. Squares are intended to provide formal open space of medium scale to serve as a gathering place for civic, social, and commercial purposes. Squares are generally rectilinear and bordered on all sides by a vehicular right-of-way, which together with adjacent building façades define the space. Squares contain both hardscape areas, such as paths, fountains, gazebos, public art, and street furniture, as well as landscaping.
D. Plaza. Plazas are intended to provide formal open space of medium scale to serve as a gathering place for civic, social, and commercial purposes. Plazas are usually located in areas where land uses are more diverse and there is potential for a greater level of pedestrian activity. The plaza may contain a greater amount of impervious coverage than any other open space type. Special features, such as fountains and public art installations, are encouraged.
(5) Open Space Bonus. Up to ten percent (10%) of the required open space, both Type A and Type B, may be met by providing additional amenities as listed below:
A. Container Plantings. May be located throughout the site. Overall number, planter style, and planting plan to be approved by Planning Commission prior to application of bonus.
(Ord. 2017-061. Passed 11-20-2017)