Area requirement.

The area dedicated as usable open space shall be fifteen (15) percent of the platted area of the development, excluding rights-of-way dedications for thoroughfares greater than 60-feet in width.

All usable open space areas shall be a minimum of 10,000 square feet with no slope greater than ten (10) percent and no width less than fifty (50) feet.

(3)

The Planning & Zoning Commission and/or City Council may give full or partial credit for usable open areas that exceed the maximum slope or which are otherwise unusable, if it is determined that such areas are environmentally or aesthetically significant and is in agreement with the Comprehensive Plan.

(4)

Required landscape buffers, floodplains, and erosion hazard setbacks shall not be counted towards the usable open space requirement.

Major creek areas delineated as the City's linear park system as shown on either the City's Parks Master Plan or City's Hike & Bike Trail Master Plan shall not count towards the required open space. The Major Creeks areas not shown as part of either plan may count toward the required open space where lots do not back to the open space.

(5)

During the review of patio home or townhome plat applications, the Planning & Zoning Commission shall consider the following criteria:

Lots shall not back to open space;

The site shall be centrally located unless prohibited by physical constraints; and

The site shall contain at least three of the following elements:

Low, ornamental masonry walls or ornamental fencing - each with masonry columns and capstones - as perimeter fencing adjacent to roadways.

Water feature, excluding detention ponds. Detention ponds may be utilized if designed as usable open space.

Ornamental iron, stone or equivalent durable seating areas.

Internal walkways constructed of stamped or stained concrete or brick pavers.

Art, sculptures or fountains.

Durable shade structures such as pavilions, arbors and gazebos.

Other amenities as approved by the Planning & Zoning Commission.

Swimming pools and required parking for the amenities shall not count toward meeting the required amount of open space.

(6)

The minimum size of usable open space shall be 0.3 acre.

(7)

For sites greater than 15 acres, the required amount of usable open space shall be distributed throughout the neighborhood as multiple smaller open spaces at a minimum size of 0.3 acre per

(8)

All usable open space shall be arranged in one of the following alignments:

Radial: "hub and spoke" pattern, in which there is a central core with multiple branches extending out through the neighborhood; or

Distributed: decentralized pattern, in which smaller pockets of open space are evenly distributed throughout the neighborhood with a minimum dimension of a 50 foot width.

(B)

Proximity requirement.

(1)

All residential lots must be located within a 660-foot walking distance of usable open space, measured along streets and/or walkways, from property line to property line. In order to preserve native trees or should a property have unique topography, size, or configuration, this distance may be increased by the Director. The Director shall consider:

Preserving native trees;

Preserving natural geographic features;

Physical constraints such as overall property size, configuration, or topography exist; or

Crime Prevention Through Environmental Design (CPTED).

(C)

Open space street and location requirements.

(1)

Standard.

Usable open space must be easily accessible from adjacent streets. Sixty (60) percent of the perimeter of the usable open space shall be adjacent to a street (see Figure 9.01.01.14: Patio Home and Townhome Open Space Requirement). No alleys may be adjacent to usable open space.

(2)

Reduction.

During the consideration of patio home or townhome plat applications, the Planning & Zoning Commission may reduce the required sixty (60) percent of the perimeter of the usable open adjacent to a street (see Figure 9.01.01.15: Open Space Reduction Exhibit A and Figure 9.01.01.15: Open Space Reduction Exhibit B) if the following design criteria are met:

All portions of the open space shall be visible from adjacent streets,

The open space is easily accessible to all of the residents of the neighborhood, and

Open fencing shall be required for homes abutting to the open space.

(D)

Improvements permitted in usable open space.

(1)

Landscaping, sidewalks, and amenities such as tennis courts and swimming or wading pools may be located within usable open space areas.

Permitted improvements and amenities include landscaping, sidewalks, tennis courts, swimming or wading pool, gazebos, pavilions, or other similar facilities.

(E)

Tree requirement.

(1)

Usable open space shall contain one minimum three (3) inch caliper shade tree for per the following.

2,000 square feet of required usable open space for areas less than 15,000 square feet.

5,000 square feet of required usable open space for areas equal to or greater than 15,000 square feet.

Street trees shall count towards usable open space tree requirement.

(2)

The trees shall be maintained in a healthy and growing condition, and must be replaced with trees of similar variety and size if damaged, destroyed, or removed.

(3)

A Landscape Plan must be approved prior to approval of the Final Plat.

(F)

Exemption.

The Planning & Zoning Commission and/or City Council may prohibit the creation of any usable open space if it is determined that such area would be a security or safety concern, difficult to maintain, or an unreasonable financial burden to the homeowners association.

(Ordinance 2021-07-47 adopted 7/6/21)

§ 4.13.02 Multifamily - Usable Open Space Requirements.

(A)

Planned Development Districts.

For Planned Development Districts with multifamily zoning, open space shall be provided in accordance with the Zoning Ordinance, as it currently exists or may be amended, unless otherwise described in the PD requirements.

(B)

Area requirements.

Each lot or parcel of land developed within the MF-15 – Multifamily-15 District or MF-19 – Multifamily-19 District shall provide open space at a rate of twenty-five (25) percent net area.

(1)

The open space shall have a maximum slope not exceeding ten (10) percent.

(2)

The open space shall have a minimum dimension of not less than thirty (30) feet.

(3)

Of the required open space, fifteen (15) percent or twenty thousand (20,000) square feet, whichever is greater, shall be grouped in one location.

Flood plain used for open space may receive full credit for that portion that is maintained in its natural state.

Flood plain that is reclaimed and used for open space shall receive a fifty (50) percent credit toward open space.

Required perimeter landscape buffers will not count toward open space.

(4)

At the time of Preliminary Site Plan approval, the Planning & Zoning Commission may give full or partial credit for open areas that exceed the maximum slope, which are otherwise unusable, or which are less than the required twenty thousand (20,000) square feet specified in subsection (B)(3) above. These areas must be determined to protect and enhance the City's environmental quality (areas of floodplain or extreme topography, trees and natural landscape, viewsheds, and bodies of water) and aesthetic quality (incorporation of desirable designs reflecting the community vision established in the Comprehensive Plan).

(5)

A table showing square footage of each use and/or area is required on the Final Site Plan and Landscape Plan. The required table shall include required and provided open space and indicate credit for each use or area.

(6)

Required landscape buffers, floodplains, and erosion hazard setbacks shall not be counted towards the usable open space requirement.

(C)

Landscaping.

(1)

All required landscaping must be located within the required open space, exclusive of required perimeter or parking landscaped areas.

(2)

One (1) large tree, three (3) inches in caliper, shall be provided per three thousand five hundred (3,500) square feet of required open space.

A fewer number of trees can be planted where larger trees are provided.

The approved Landscape Plan must include the quantity and the size of the trees in the open space.

(Ordinance 2021-07-47 adopted 7/6/21)

§ 4.13.03 Nonresidential Open Space Requirements.

(A)

Dedicated amount requirement.

All nonresidential developments shall provide one of the following types of open space:

(1)

Consolidated Open Space Type A:

Figure 4.13.03.1: Example of Type A Consolidated Open Space

Single lot developments. All nonresidential developments on a single lot shall provide a minimum of ten (10) percent of the net total lot area as consolidated and usable open space. (see Figure 4.13.03.1). All open space shall be owned and maintained by the property owner(s) or the property owners' association.

(2)

Consolidated Open Space Type B:

Figure 4.13.03.2: Example of Type B Consolidated Open Space

Developments containing more than one lot. All nonresidential developments consisting of more than one lot shall provide a minimum of ten (10) percent of the net total area of the lots of the overall development (as defined on the preliminary site plan and/or site plan) as consolidated and usable open space (see Figure 4.13.03.2). Such open space shall serve as the sole and exclusive open space for all of the lots in the development and shall be shown on the preliminary site plan. The open space may cross property lines. All open space shall be owned and maintained by the property owner(s) or property owners' association.

(B)

Open space plan.

The applicant shall submit an open space plan with the preliminary site plan and/or site plan submittal for the subject property. The open space plan shall include the information listed on the Open Space Plan Checklist, which shall be established and maintained by the Director. The approval of the open space plan shall expire when the development plans expire, but the platted easements shall remain in effect. Should the location open space change with a new preliminary site plan and/or site plan, then the platted easement shall be amended to reflect the revised location.

(C)

Requirement for open space easement.

All Type A and Type B open space shall be dedicated as an easement on a conveyance plat and/or final plat. This plat shall be submitted in accordance with Subdivision Ordinance Section 3.03 and shall be submitted with the preliminary site plan. The plat and the preliminary site plan shall be considered at the same Planning & Zoning Commission meeting and the plat, once approved, shall be filed in accordance with Subdivision Ordinance Section 4.03(j).

(D)

Timing of improvements.

(1)

The construction of the required open space improvements:

Shall be in conjunction with the development of the first lot of a preliminary site plan and completed on or before the acceptance of the final improvements for the first lot of a preliminary site plan and/or site plan; or

May be deferred when the Director requires or agrees to accept escrow deposits. The developer shall deposit in escrow with the City an amount equal to one hundred and ten percent (110%) of the total "turnkey" costs, including, but not limited to, the design, permitting, acceptance and inflation costs related to the improvement(s). Should the escrow not cover the total costs at the time of development, the developer shall be responsible for the added costs to implement the open space improvements. If construction is deferred under this subsection, the improvements must be completed on or before the date established by the Director.

(E)

Open space amenity requirement.

(1)

The following shall not count toward the open space requirement (applicable to Type A and Type B):

Vehicular paving;

Parking lot tree islands;

Building footprint;

Utility yards;

Required landscaping per Section 4.02 (Landscaping Requirement);

Required Licensed Child-Care Facility play space; or

Open space that is not viewable from the public right-of-way/public access easements nor provides access to the general public.

(2)

The following amenities are required within the required open space (applicable to Type A and Type B):

A pedestrian pathway constructed of brick or concrete pavers a minimum of eight (8) feet in width traversing the consolidated open space with pedestrian lighting;

One shade tree, a minimum of ten (10) to twelve (12) feet in height and a minimum of six inch in caliper at the time of planting, planted a minimum of thirty (30) feet on center staggered on each side of the eight-foot walking path;

Plaza or courtyard covered with brick or concrete pavers;

Figure 4.13.03.3: Example of Plaza Covered with Brick or Concrete Pavers

Lawn; a minimum of 30 (thirty) percent of the consolidated open space requirement, or as otherwise approved by the Planning & Zoning Commission;

Figure 4.13.03.4: Example of Typical Lawn

Furniture, such as benches and/or low masonry seating walls; and

Overlook (required only for retention/detention ponds).

(3)

In addition to the required amenities, at least eight of the following amenities are required within the required open space (applicable to Type A and Type B), as approved by the Planning & Zoning Commission:

Sculptures, and/or pedestrian entry monuments/gateways, as approved by the Planning & Zoning Commission. Each installation to be counted as one amenity. A pair of pedestrian entry monuments count as one (1) amenity. A maximum of four (4) amenities may be counted from this category;

Sculptures, Pedestrian Entry Monuments/Gateways

Water features, excluding required retention/detention ponds, (to be counted as three (3) amenities). A maximum of one (1) water feature shall be counted towards an open space amenity;

Water Features

Tree groves/orchards (Trees shall be a shade tree a minimum of ten (10) to twelve (12) feet in height and a minimum of six inch in caliper at the time of planting);

Tree Groves/Orchards

Shade structures such as pavilions or pergola (to be counted as three (3) amenities). A maximum of one (1) shade structure shall be counted towards an open space amenity;

Shade Structures

Raised planter beds with plants of seasonal color and/or native plants with brick and/or stone veneer (collectively count as one (1) amenity);

Raised Planter Beds

Educational paths with plaques & monuments describing natural habitats and plant life of the surrounding area; and/or

Other features as approved by the Planning & Zoning Commission.

(F)

Placement of open space.

(1)

The required open space shall meet the following location requirements (applicable to Type A and Type B):

The required open space shall be of fifty (50) feet or greater in width at its narrowest point, and a minimum square footage of 2,500 square feet (applicable to Type A and Type B);

The required open space shall be adjacent to a minimum of one (1) commercial building (an occupied space a minimum of 6,000 square feet), not separated by vehicular traffic, on a minimum of one (1) side. All commercial buildings shall comply with the Fire Code.

A front or side of a commercial building must be adjacent to the required open space (applicable to Type A and Type B) and be permeable/interactive. For restaurants uses (an occupied commercial building a minimum of 2,500 square feet), the required open space may be located behind a commercial building providing outdoor dining. (see Figure 4.13.03.18).

Figure 4.13.03.18: Example of Open Space at Rear of Building

The applicant may request to the Planning & Zoning Commission that the required open space may be split into separate areas within the development through an alternative design. The applicant must demonstrate to the Planning & Zoning Commission how the alternative design meets the intent of the Nonresidential Open Space Requirements set forth herein. The alternative design shall conform to Subsection 4.13.03(C)-(D). (See Figure 4.13.03.19)

Figure 4.13.03.19: Example of Type B Consolidated Open Space (Split)

(2)

Incorporating natural features:

In this subsection, the term "natural feature" is defined as a:

Creeks;

Natural drainage area;

Floodplain (FEMA Special Flood Hazard Area and fully-developed 100-year floodplain) and/or.

Protected trees.

The site's natural feature(s) shall be preserved and incorporated into the required open space (Type A or Type B) in accordance with Subsection 4.13.03(A)(1)–(2), (Dedicated Amount Requirement). The natural feature(s) shall be defined and identified on the open space plan submitted with the preliminary site plan and/or site plan in accordance with Subsection 4.13.03(B) (Open Space Plan) and Subsection 4.13.03(C) (Requirement for Open Space Easement).

The required open space containing the natural feature(s) shall comply with Subsection 4.13.03(F)(1)(a)–(d) (Placement of Open Space). If the applicant identifies a natural feature where it is not possible for a commercial building to comply with Subsection 4.13.03(F)(1)(a)–(d), the applicant may request an alternative design to the Planning & Zoning Commission. The applicant must demonstrate how the alternative design incorporates the natural feature and meets the intent of the Nonresidential Open Space Requirements set forth herein.

The required open space containing the natural feature(s) shall provide amenities in accordance with Subsection 4.13.03(E)(2)–(3) (Open Space Amenity Requirement), as permitted by Federal, State and Local requirements (lawn amenity requirement may be waived with Planning & Zoning Commission approval).

(3)

Detention Ponds or Retention Ponds:

A detention and/or retention pond may count toward the required open space if it meets the following design requirements:

Meets the location criteria set forth in Subsection 4.13.03(F)(1) (Placement of Open Space);

Meets Engineering Standards;

Slope of the pond area does not exceed three (3) percent; allowable to twenty-five (25) percent, but requires stone terracing for any slope exceeding three (3) percent. Terracing or the cutting of a sloped plane into a series of successively receding flat surfaces or platforms, shall have a maximum shelf depth of three feet with maximum 6-inch risers;

Accessible by the public;

The water surface in the retention pond as measured at the normal pool elevations shall only account for a maximum of ten (10) percent of consolidated open space requirement;

Natural stone or brick veneer is required on headwalls, bridges, wall, culverts, retaining walls, and like structures; and

Figure 4.13.03.20: Example of Stone/Brick Infrastructure Veneer

Meets the amenity requirements set forth in Subsection 4.13.03(E)(2).

(G)

Open space plan application.

(1)

The property owner shall file an application for the approval of an Open Space Plan. The filing shall include the information listed on the Open Space Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.

(2)

The applicant shall file an Open Space Plan with a Preliminary Site Plan, when a Preliminary Site Plan is required. The Open Space Plan must be approved prior to the consideration of the Preliminary Site Plan. Failure to obtain approval of the Open Space Plan shall be grounds for denial or rejection of a Preliminary Site Plan application.

(3)

The applicant shall file an Open Space Plan with a Site Plan. The Open Space Plan must be approved prior to the Site Plan. Failure to obtain approval of the Open Space Plan shall be grounds for denial or rejection of a Site Plan application.

(4)

The approval of the Open Space Plan shall expire when the Preliminary Site Plan or Site Plan expires, but the platted easements shall remain in effect. Should the location of the open space change with a new Site Plan, then the platted easement shall be amended to reflect the revised location.

(H)

All Type A and Type B open space shall be dedicated as an easement on a Conveyance Plat, Replat and/or Final Plat. The plat shall be submitted in accordance with Subdivision Ordinance Section 3.03 and after approval of the Preliminary Site Plan, or Site Plan if no Preliminary Site Plan is required. The plat, once approved, shall be filed in accordance with Subdivision Ordinance Section 4.03(j).

(I)

Criteria for approval.

(1)

Open space recommendation.

The Director shall recommend approval of the proposed open space plan when the applicant demonstrates that:

The open space plan has been submitted and found to be in compliance with all applicable City ordinances and standards; and

The applicant has received approval from the Director for instances requiring Director approval; or

In the event that the proposed open space plan fails to comply with this section, the applicant shall provide documentation stating the reasons for non-compliance and provide an acceptable alternative proposal that meets the intent of this section for quality, usable and consolidated open space.

(2)

Criteria for open space approval.

The Planning & Zoning Commission shall approve, deny, or approve with conditions the proposed open space plan based upon criteria listed in Subsection 4.13.03(G)(1)(a)–(c) [sic] (Open Space Recommendation), except as provided in Subsection 4.13.03(G)(2)(b) [sic]. A denial of the Open Space Plan by the Planning & Zoning Commission shall result in denial of the Preliminary Site Plan or Site Plan.

Staff shall approve or deny the Open Space Plan when submitted with the Site Plan if all the following conditions are met:

Valid Open Space Plan and Preliminary Site Plan approved by the Planning & Zoning Commission;

Amenity types and dimensions (height, length, width) remain the same;

Size of open space remains the same;

Location of open space remains the same; and

General conformance to the quality of the design and amenities of the space, as approved by the Planning & Zoning Commission.

(Ordinance 17-08-51 adopted 8/1/17; Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)