The standards provided below ensure that all designated parks and/or open space are usable and have suitable size, location, dimension, topography, character and access.
(A) Generally. The required park or open space areas shall be provided as common areas for the use of all residents/occupants of the proposed development. Land designated as a park or open space shall be maintained as a park or open space and may not be separately sold, subdivided or developed except as provided in subsections (B) through (J) below.
(B) Designation.
(1) Any areas reserved as a park or open space shall be indicated on the application for development approval. A parks and open space provision and maintenance plan shall be submitted as a part of the application for development approval, including the project phasing schedule. This plan shall designate and indicate the boundaries of all proposed parks or open space required by this section and the type of park or open space provided.
(2) Platted lots located within subdivisions and planned developments shall be located outside of the parks and open space areas. Parks and open space shall be placed in undivided preserves.
(C) School site locations. Park sites shall be located, whenever possible, adjacent to and contiguous with school sites in order to make maximum use of common facilities and grounds. Land area dedicated to a school district shall be credited toward the minimum requirements of § 153.1017 of this chapter if there is a joint use agreement between the city and the school district.
(D) Distance from lots. Parks and open space shall be not be further than one-half mile from any lot or, if the proposed development does not involve a subdivision or any principal building, this distance shall be measured from the entrance allowing people, bicycles or equestrians to enter into the park or open space or to view the park or open space area. This distance shall be measured in a straight line; provided that, the distance shall not be interrupted by an existing arterial street. The distance may be measured from a park or open space provided pursuant to this section or a public park or public open space area not provided by the applicant.
(E) Parks or open space in floodplains or water features.
(1) Areas within a floodplain shall not exceed 50% of the area counted as parks or open space, except as provided by subsection (E)(2) below. Water features exceeding 2,500 square feet shall not be considered as parks or open space unless permitted by subsection (E)(2) below.
(2) The restriction on the maximum percentage of parks/open space in water features or floodplains (hereinafter “restricted areas”) can be increased to 75% where:
(a) An area of a minimum 25 feet in width surrounding a restricted area is improved as a greenway;
(b) The structures or activities located with the restricted areas do not cause an increase in base flood elevations;
(c) The velocities during a ten-year flood event do not exceed six feet per second; and
(d) For parks/open space dedicated to the city, at least one acre is located outside of the restricted area.
(F) Percentage in retention or detention areas.
(2) 50 percent or more of the active and usable area shall be above the 25-year storm level and designed for multiple uses.
(3) Retention or detention areas used as park or open space shall be included as part of a greenbelt or a greenway. Retention or detention areas shall not be inundated in such a manner that they become unsuitable for their designated recreational purposes.
(4) Retention or detention areas shall be constructed of natural materials. Terracing, berming and contouring is required in order to naturalize and enhance the aesthetics of the basin.
(5) Basin slopes shall not exceed a 3:1 slope.
(G) Walls and fences. Walls and fences, if used, shall not exceed six feet in height. This requirement does not apply to fences used in conjunction with athletic fields and tennis courts.
(H) Buffers or landscaped areas. Any buffer or landscaped area provided pursuant to §§ 153.1120 through 153.1130, 153.1175 through 153.1177, 153.1190 and 153.1191 of this chapter that meets the requirements of Table 153.1018(A) of this chapter for a particular category of parks or open space shall be credited toward the minimum parks and open space requirements of §§ 153.1015 through 153.1023 of this chapter.
(I) Slopes. At least 50% of required dedicated park or open space land shall have slopes less than 7%.
(J) Access. Parks and/or open space provided pursuant to this section shall have direct access to a public street or to a private street maintained by an HOA, condominium association or apartment association.
(Ord. 3020, passed 9-10-2013, § 5.21.5)