ARTICLE L. OPEN SPACE PROVISIONS

SECTION:

8-4L-1:    Purpose

8-4L-2:    Applicability

8-4L-3:    General Open Space Standards

8-4L-4:    Open Space Standards For Single-family, Townhouse, And Two-Family Duplex Developments

8-4L-5:    Open Space Standards For Multi-family Developments

8-4L-1: PURPOSE:

A.    These requirements are intended to provide for common open space requirements in residential districts which improve the livability of residential neighborhoods, connect the community and preserve and protect existing natural amenities.

B.    These provisions are intended to establish minimum standards for common open space and requirements for the long term maintenance of these areas. (Ord. 898-08, 9-8-2008)

8-4L-2: APPLICABILITY:

The standards for open space and site amenities shall apply to all new single-family, townhouse, two-family duplex of more than two (2) units, and all multi-family developments. (Ord. 898-08, 9-8-2008)

8-4L-3: GENERAL OPEN SPACE STANDARDS:

Common open space shall be designed as an integral part of a residential development project by demonstrating adherence to the following standards:

A.    Areas on the site of mature landscaping, trees, and natural features have been incorporated into the common open space area;

B.    The common open space area provides connectivity with other open areas, public spaces, trails, or water features within and off the site; and

C.    The common open space area is located and designed to serve a passive or recreational function. (Ord. 898-08, 9-8-2008)

8-4L-4: OPEN SPACE STANDARDS FOR SINGLE-FAMILY, TOWNHOUSE, AND TWO-FAMILY DUPLEX DEVELOPMENTS:

A.    Minimum Requirement: For any new single-family, townhouse, or two-family subdivision; planned unit development; or conditional use of more than two (2) units in size: A minimum of ten percent (10%) of the gross site area shall be in common open space.

B.    Qualified Open Space: The following may qualify to meet the common open space requirements:

1. Any open space, not less than four hundred (400) square feet in area, and with a minimum length and width dimension of twenty feet (20') that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to:

a. Open grassy area of at least forty feet by ten feet (40’ x 10') in area;

b. Community garden;

c. Ponds or water features;

d. Plaza.

2. Additions to a public park, greenbelt or other public open space area;

3. A landscape buffer with a minimum of five feet (5') between the street and sidewalk and eighty feet (80') in linear distance; and

4. Stormwater detention facilities when designed in accord with article A, "General Provisions", of this chapter.

5. Pedestrian pathways of at least five feet (5') in width and eighty feet (80') in length along canals, watercourses or similar channels; or through the middle of long blocks. Required sidewalks adjacent to public right of way do not qualify as common open space.

C.    Location:

1. Common open space shall be located on a common lot or an area with a common maintenance agreement.

2. Common open space shall be grouped contiguously with open space from adjacent developments.

D.    Maintenance:

1. All common open space shall be the responsibility of an owners’ association for the purpose of maintaining the common area and improvements thereon; or

2. Land designated as common open space may be conveyed to the city, where the city agrees to accept conveyance and maintenance. (Ord. 898-08, 9-8-2008)

8-4L-5: OPEN SPACE STANDARDS FOR MULTI-FAMILY DEVELOPMENTS:

A.    Private Open Space Requirements: For any new multi-family development: A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit.

1. This requirement can be satisfied through porches, patios, rooftop gardens, decks, and/or enclosed yards.

2. The minimum dimension of any open space shall be six feet (6') in any direction.

3. Landscaping, entryway and other accessways shall not count toward this requirement.

B.    Common Open Space Requirements:

1. For any new multi-family development: A minimum area of outdoor common open space shall be provided as follows:

a. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area. (Ord. 898-08, 9-8-2008)

b. (Rep. by Ord. 905-09, 3-23-2009)

c. Two hundred fifty (250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area.

d. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area.

2. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty feet (20').

3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units.

4. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least four feet (4') in height.

5. Vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space.

6. Common open space shall be grouped contiguously with open space from adjacent developments.

C.    Maintenance:

1. All common open space shall be the responsibility of the owner or an owners’ association for the purpose of maintaining the common area and improvements; or

2. Land designated as common open space may be conveyed to the city, where the city agrees to accept conveyance and maintenance. (Ord. 898-08, 9-8-2008)