In a Mixed Use Overlay District, all proposed development shall comply with the following open space requirements:
(a) Natural Area Corridor. The banks of all waterways, as indicated in Exhibit A entitled General Guide to Riparian Setbacks and attached to original Ordinance 2007-59 and made a part hereof by reference as it may be amended from time to time, shall be preserved and available to the general public pursuant to the terms and restrictions of this section and shall comply with the following:
(1) The natural area corridor shall extend along both sides of the entire stream bank or waterway frontages as shown in Exhibit A and shall include any area extending outward in a horizontal direction from the ordinary high water mark of a watercourse* a distance of not less than twenty-five (25) feet for the watercourses identified in red and not less than seventy-five feet (75) for the watercourse known as the West Branch of Euclid Creek which is further identified in Exhibit A to Ordinance 2007-59 as the areas shown in a black diagonally striped pattern.
(2) The natural area corridor shall be for public access, use, and enjoyment. No structures, parking areas, access drives, or other pavement except for pedestrian and bicycle pathways, sitting areas and look-outs shall be permitted in the natural area corridor. The specific use of the corridor shall be established during review of the overall concept plan as determined by the Planning Commission.
(3) Trees within the natural area corridor shall not be disturbed, destroyed, or removed other than as necessary to locate and construct pedestrian pathways. Trees with a caliper of three inches or greater that are to be disturbed, destroyed or removed shall be replaced by an equal number of trees within the corridor area or adjacent thereto as determined by the Planning Commission. Such replacement trees shall have a minimum caliper of two inches.
(4) If there is any uncertainty as to the exact location of the edge of the waterway, the location of the water’s edge, for the purposes of establishing the limits of the natural area corridor, shall be determined by the Planning Commission.
(5) When a standard single-family subdivision is developed separately from a mixed use development, the natural area corridor shall be provided in addition to and exclusive of any rear or side yard requirements.
(6) The natural area corridor shall be clearly designated on the applicable development plan and/or subdivision plat.
(7) Appropriate pedestrian access from public streets or from common open space to the natural area corridor shall be designated on the development plan and approved by the Planning Commission.
(8) The Planning Commission and City Council upon the recommendation of the landowner/s within the natural area corridor may enact additional reasonable rules and regulations for the purpose of protecting the public health, safety and security of residents, businesses, visitors and property owners within the natural area corridor.
(9) In addition to these requirements, the use of the natural area corridor and the land areas adjacent thereto shall comply with other applicable regulations established for flood plains in Chapter 1331 and any other applicable local, State, or Federal flood plain or wetland regulations.
(b) Common Open Space. In addition to the public parks and public open space requirements for residential portions of the development set forth in Section 1162.11, a minimum of twenty percent of the area in non-residential portions of the development shall be devoted to common open space. Such areas shall be clearly designated on the development plan and shall comply with the following:
(1) Any common open space that is not part of the natural area corridor set forth in subsection (a) above shall be designed and located so as to provide (to the greatest extent possible) pedestrian access to and views of the natural area corridor along the waterway.
(2) No building or parking area shall be permitted in the designated common open space area.
(3) Other common areas shall not be considered as part of the required open space, including land fragments between two or more buildings and between buildings or parking areas, and required yards between project boundary lines and buildings or parking areas.
(4) Appropriate public pedestrian and bicycle pathways providing access to public streets, common open space, natural area corridors, and/or adjacent parcels shall be designated on the development plan and approved by the Planning Commission.
(c) Management and Maintenance of Natural Areas and Open Space.
(1) The natural area corridor and common open space reserved as part of an Mixed Use Overlay District shall be either:
A. Retained by the owners of the project area; or
B. Dedicated to a Community Association, as set out in Section 1169.10, that shall have title to and control over the land to be retained as common open space; or
C. Offered to the City for public open space. The City shall have the right not to accept any land area offered to the City. In the event of such refusal, the conditions of either paragraph (c) (1)A. or B. hereof shall apply. Any land area that is accepted by the City for dedication as public open space shall also continue to be counted toward the requirements for common open space.
(2) The legal articles relating to the ownership, management, public easements, if any, and maintenance of such common open space and natural area corridor shall be reviewed and approved by the City’s Law Director. The Law Director shall indicate such approval prior to the development plan being approved by the Planning Commission.
(d) Requirements for Public Parks and Public Open Space. As stated earlier, in addition to the common open space requirements set forth in this Section, all residential developments shall comply with the requirements for public parks and public open space set forth in Section 1162.11.
(Ord. 2007-59. Passed 12-1-08.)