(a) Open Space. Dedicated open space shall be provided in accordance with the following standards:
(1) A minimum percentage of the gross land area, as specified in Table 1129.03, shall be dedicated open space. A residential density bonus over and above the density otherwise allowed in the mixed- use district may be approved by the City Council; provided, the applicant increases the percentage of the total project area to be dedicated for open space. This bonus may be granted only if specifically requested by the applicant. Any such bonus shall consist of a one percent (1%) increase in the allowable density for every one percent (1%) of land area devoted to dedicated open space.
(2) Dedicated open space land shall be shown on the preliminary plat or site plan and shall be labeled to specify that the land has been dedicated for open space purposes and is permanently reserved for open space. The applicant shall convey the dedicated open space as a condition of plat approval through any of the following means, as approved by the City Council:
A. Deeded in perpetuity to the City of Lorain, only if accepted by the City Council;
B. Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the City Law Director. A copy of the proposed deed covenants and restrictions shall be submitted with the application. The deed covenants shall provide that the HOA shall be responsible for the care and maintenance of all common areas.
C. Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for conservation purposes under terms and conditions that ensure the perpetual protection and management of the property for conservation purposes. A copy of the proposed deeds and relevant corporate documents of the land trust shall be submitted with the application;
D. Deeded to a property owner's association within the development upon terms and conditions approved by the City Law Director that will ensure the continued use and management of the land for the intended purposes. If this option is selected, the formation and incorporation by the applicant of one (1) or more appropriate property owners' associations shall be required prior to plat approval. A copy of the proposed property owner's deed and the by-laws and other relevant documents of the property owner's association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owners' association:
i. Covenants providing for mandatory membership in the association and setting forth the owner's rights, interests, and privileges in the association and the common land, must be included in the deed for each lot or unit;
ii. The property owners' association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities;
iii. The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities;
iv. The applicant shall maintain control of dedicated open land and be responsible for its maintenance until development sufficient to support the association has taken place.
(3) As an alternative to providing all required open space on site, if approved by the city council, the applicant may provide up to fifty percent (50%) of the required open space utilizing one of the following options:
A. Dedication of an off-site parcel within the City limits; provided, the land is identified for open space or recreational purposes in an adopted City plan, the land is determined to be suitable for such purpose, and the area of such land is at least equal to the area for which the transfer is requested; or
B. Fees-in-lieu may be paid to the City, if accepted by the City Council, for open space acquisition purposes. The amount of the fee shall be determined by the City Council, based on the current market value of comparable properties within the City.
(4) Open space to be dedicated to the City shall have shape, dimension, character, location and topography to ensure appropriate public access and usability, and to accomplish at least two (2) of the following open space purposes:
A. Natural resource conservation;
B. Wetland and water course conservation;
C. Access to Lake Erie or the Black River;
D. Wildlife habitat;
E. Recreation;
F. Contiguity with existing city parks;
G. Civic purposes; or
H. Scenic preservation.
(5) Dedicated open space features that are not dedicated to the City may be open to the general public or restricted to the residents and users of the development.
(6) Streets, sidewalks, parking lots and other impervious surfaces shall be excluded from the calculation of required open space. However, lands occupied by tennis courts, basketball courts, swimming pools, pathways or similar common recreational amenities may be contained within dedicated open space; provided, such facilities shall not constitute more than twenty percent (20%) of the total required open space;
(7) Up to fifty percent (50%) of the dedicated open space requirement may be satisfied with land covered by water or by stormwater detention or retention basins if the City determines that such a water body or basin constitutes an amenity that contributes to the character of the mixed-use development and offers an active or passive leisure experience.
(8) At least fifty percent (50%) of the dedicated open space within a mixed-use development shall be usable for active and passive recreation including by way of example, but not limited to, walking, biking, playfields, picnicking, playgrounds, relaxation, and boating.
(9) The dedicated open space shall not be included in subdivision lots designated for development or in lot size calculations but may be subdivided; provided, it remains undeveloped open space.
(b) Relationship to Other Regulations. Each proposal for development within a mixed-use district is anticipated to be unique. Except as provided by this subsection, all mixed-use development shall be subject to the applicable standards, procedures, and regulations of this Ordinance. The development conditions submitted as part of the mixed-use application, per Section 1129.04(c)(4), and approved by the City Council, shall supersede these regulations, unless otherwise prohibited by law, and shall be vested per the ordinance in effect at the time of approval.
(c) Parking. In order to support the concept of mixed-use, as described in Section 1129.01, the Planning Commission may recommend and Council may approve modification of the minimum parking requirements of Section 1149.03 to facilitate shared parking, walkability and/or use of alternate transportation modes.
(d) Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the mixed-use development and along all perimeter streets to ensure connectivity between uses and with adjacent properties. Pathways and sidewalks shall be constructed in accordance with the City design standards.
(e) Platting. Platting requirements shall be in accordance with the subdivision regulations of the City of Lorain in effect at the time the mixed-use development is approved. Plat approval shall be subject to and conditioned upon approved covenants and restrictions being filed with the approved plat.
(f) Performance Guarantees. Financial guarantees to ensure performance shall be provided in accordance with Section 1173.06 of this Ordinance.
(g) Private Covenants and Restrictions.
(1) Covenants and restrictions for the property within any mixed-use district are required and must be recorded with the office of the County Clerk prior to the approval of a plat or issuance of a building permit. These restrictions shall run with the land to ensure that, if subdivided or developed in phases, the covenants and restrictions shall still be enforced.
(2) Covenants and restrictions shall:
A. Be based on the conditions attached to the approved mixed-use district application;
B. Subject each owner or person taking title to land located within the development to the terms and conditions of the covenants and restrictions as well as any other applicable regulations;
C. Establish a property owners association (POA) with mandatory membership for each owner or person taking title to land located within the development, and require the collection of assessments from owners in an amount sufficient to pay for its functions; and
D. Provide for the ownership, development, management, and maintenance of any private open space, private community parking facilities, private community meeting spaces, or other common areas, as required by Section 1129.04(a)(2).
(Ord. 4-21. Passed 1-4-21.)