§ 38-1234. Open space.

Open space areas shall be provided within all planned developments in order to enhance the living and working environment.

(1)

Open space areas are defined as areas serving any one of the following four (4) basic functions:

a.

Shapes urban patterns. Areas which define and delineate urban concentration on a large scale. They can be used to separate or consolidate development and prevent development in undesirable locations.

b.

Production. Lands which are utilized for the production of products which contribute to the county's economy. This includes croplands (vegetable and citrus), pasture, commercial forests and plant nurseries.

c.

Recreation. Lands which support a specified recreation pursuit, whether it is an active or passive form of recreation.

d.

Conservation. Areas with unique natural qualities or physical benefits which need protection or preservation from man-built developments.

(2)

All planned developments shall provide open space in the form of greenbelts and buffer zones at a ratio of two (2) percent of the gross land area.

(3)

Open space shall be provided within the planned development based on the following ratios:

a.

Residential:

1.

Single-family, (excluding lot area) ..... 10%

2.

Multifamily ..... 25%

b.

Office ..... 20%

c.

Commercial ..... 20%

d.

Tourist-commercial ..... 25%

e.

Industrial ..... 15%

f.

Big box development:

1.

One (1) story and two hundred thousand (200,000) square feet or greater ..... 30%

2.

One (1) story and less than two hundred thousand (200,000) square feet ..... 25%

3.

Two (2) stories, provided that the second story is forty (40) percent or more of the gross floor area that is open to customers ..... 20%

4.

Two (2) stories with multi-level structured parking, provided that the second story is forty (40) percent or more of the gross floor area that is open to customers ..... 15%

(4)

Open space in the form of greenbelts or buffers provided within the legal description portion of the proposed phase or project may be included to meet the minimum open space criteria. Excess open space committed in prior phases adjacent to a proposed development phase may be considered to meet up to seventy-five (75) percent of the open space criteria.

(5)

Category A open space. All of the uses listed below shall count one hundred (100) percent towards meeting the total open space required:

a.

Buffer zones and greenbelts.

b.

Recreational areas (active and passive).

c.

Landscaped areas.

d.

All other permanently undeveloped uplands.

(6)

Category B open space. All of the uses listed below may be credited towards meeting the minimum open space requirements if the performance standards are met but shall not account for more than fifty (50) percent of the total open space required.

a.

Wet-bottom stormwater management ponds that meet the following requirements:

1.

Minimum of 1.0 acre.

2.

5:1 side slopes.

3.

Sodded or an equivalent ground cover.

4.

Unfenced.

5.

Curvilinear in shape rather than angular.

6.

Landscaped in accordance with the following criteria:

i.

1.0—2.5 acres: At least ten (10) percent of the land above the design high water level excluding maintenance berms shall be landscaped with at least fifty (50) percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged); or a littoral zone band of at least five (5) feet in width for at least fifty (50) percent of the shoreline established with native aquatic or semiaquatic plant species;

ii.

2.5—5.0 acres: At least five (5) percent of the land above the design high water level excluding maintenance berms shall be landscaped with at least fifty (50) percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged); or a littoral zone band of at least five (5) feet in width for at least thirty-five (35) percent of the shoreline established with native aquatic or semiaquatic plant species;

iii.

More than 5.0 acres: A littoral zone band of at least five (5) feet in width for at least twenty (20) percent of the shoreline established with native aquatic or semiaquatic plant species.

7.

Access provided for all residents/employees of the P-D.

8.

One hundred (100) feet minimum width.

b.

Dry-bottom stormwater management ponds that meet the following requirements:

1.

Sodded.

2.

Unfenced.

3.

Must be dry within seventy-two (72) hours after a twenty-five-year storm event.

4.

A skimmer must be provided to minimize the accumulation of trash and pollutants.

5.

At least five (5) percent of the area above the peak stage elevation must be landscaped with at least fifty (50) percent of the required area landscaped with plant materials other than ground cover (the use of native plant species is encouraged).

c.

Easements that meet the following requirements:

1.

Minimum twenty-five (25) feet wide.

2.

Accessible for public use.

3.

Written verification from the easement holder authorizing unrestricted access.

d.

Plazas/hardscapes that meet the following requirements:

1.

Twenty (20) percent landscaped.

2.

Seating areas.

3.

Thirty (30) percent pedestrian accessible (excluding sidewalks) for area remaining after landscaping and water features/sculptures.

e.

Natural lakes that meet the following requirements:

1.

Only lakes which are totally within the legal description of the land use plan shall be credited towards open space.

2.

Must be accessible to all residents/employees.

3.

Common access to natural lakes shall be at least equal to the minimum lot size established by the land use plan or one-half acre, whichever is greater.

(7)

Category C open space. Areas within a project, phase, or tract, which are classified as conservation areas (including mitigation areas), pursuant to chapter 15, article X (the conservation ordinance), shall be identified at the time of development plan submission. Conservation areas shall qualify as open space. However, to insure that conservation areas or mitigation areas which comprise a high percentage of a project or tract do not constitute the only open space for the project, the amount of open space credit shall be limited to no more than fifty (50) percent of the total open space required.

(8)

Open space categories "B" and "C" cannot count more than seventy-five (75) percent of the total open space required for the project, phase or tract.

(9)

Big box development open space. All of the uses listed below may be credited towards meeting the minimum open space requirements if the performance standards are met, but shall not account for more than fifty (50) percent of the total open space required:

a.

All retention ponds, fenced or nonfenced, which are meant to fulfill a portion of the open space requirements shall be designed as a project landscaping amenity. As such, they shall have curvilinear water edges which incorporate substantial curve off-sets along the water perimeter. Furthermore, all ponds shall incorporate a continuous row of drought-tolerant shrubs and understory trees along their top edge. Understory trees shall be planted at a rate of one (1) per twenty-five (25) feet of perimeter edge. Clustering of understory trees is acceptable.

1.

Nonfenced ponds may fulfill up to fifty (50) percent of the project's open space requirement, provided they meet the curvilinear requirements above.

2.

Decoratively-fenced ponds may fulfill up to fifty (50) percent of the project's open space requirements. However, the decorative fencing shall be constructed with black wrought iron-styled post and railing system, and shall incorporate landscaping along the exterior of the fencing. The post and railing system, while including a gated access system for pond maintenance purposes, shall incorporate masonry columns, minimum twenty-four (24) inches in diameter, space at a maximum of fifty (50) feet on-center. The columns shall incorporate a decorative cap feature, and the surface (or veneer) and trim of the columns shall replicate those of the principal structure. Furthermore, the decoratively-fenced ponds shall incorporate the required shrubs and understory trees mentioned above along the exterior base of the fence.

3.

Ponds which are fenced with chain link, or with any other system which fails to meet the decorative fence description above, shall not fulfill any of the required project open space.

(P & Z Res., art. XXIX, § 10(a)(9); Ord. No. 2007-01 , §§ 17, 18, 3-20-07)