§ 38-1353. Open space.

Open space areas shall be provided in order to enhance the living and working environment and to promote the design concepts of the particular CVC.

(1)

An open space area shall be defined as any area serving any one (1) or more of the following three (3) functions:

a.

Shapes village patterns. An area which separates or consolidates development and prevents development in undesirable locations.

b.

Recreation. An area which supports a specified recreation pursuit, whether it is active or passive.

c.

Conservation. An area with unique natural qualities or physical benefits which needs protection or preservation from man-built developments.

(2)

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

(3)

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

a.

Residential

1.

Up to one (1) unit per acre ..... 0%

2.

Greater than one (1) unit per acre ..... 20%

b.

Office ..... 20%

c.

Commercial ..... 30%

(4)

Open space in the form of greenbelt 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 for the development or phase thereof:

a.

Buffer zones and greenbelts.

b.

Recreational areas (active and passive).

c.

Landscaped areas.

d.

All other permanently undeveloped uplands.

e.

Plazas/hardscape that meet the following requirements:

1.

Twenty (20) percent landscaped;

2.

Outdoor seating areas for the general public; and

3.

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

(6)

Category B open spaces. All of the uses listed below may be credited toward meeting the minimum open space requirements if the performance standards are met, but they shall not count for more than seventy-five (75) percent of the total open space required for the development or phase thereof:

a.

Stormwater management ponds.

b.

Easements that meet the following requirements:

1.

Minimum twenty-five (25) feet wide;

2.

Accessible for public use; and

3.

Written verification from the easement holder authorizing unrestricted access.

(7)

Category C open space. An area within a development or phase thereof, which is classified as a conservation area (including a mitigation area), pursuant to article X of chapter 15, shall qualify as open space. However, conservation and/or mitigation areas shall not count for more than fifty (50) percent of the total open space required for the development or phase thereof.

(8)

Open space categories "B" and "C" collectively shall not count for more than seventy-five (75) percent of the total open space required for the development or phase thereof.

(9)

Open space provided in other phases or parcels within a development shall not count for more than seventy-five (75) percent of the total open space requirements.

(Ord. No. 96-33, § 1, 10-29-96)