(A) Intent and Purpose
The intent of the open space type requirements is to ensure a variety of functional, well-designed open spaces carefully distributed throughout the Bridge Street District, located and planned to enhance the quality of life for residents, businesses, and visitors. The purpose of these requirements is to ensure that individual open spaces complement adjacent land uses and contribute to the creation of a comprehensive, district-wide open space network. In addition, these regulations are intended to guide the design of each open space so that it properly responds to its unique location and the needs of the primary users.
All required open space shall conform to one of the open space types of §153.064.
(C) Provision of Open Space
There shall be a minimum of 200 square feet of publicly accessible open space for each residential dwelling unit. Required open space shall be located within 660 feet of the main entrances of the residential units or the main entrance of a multiple-family building, as measured along a pedestrian walkway.
There shall be a minimum of one square foot of publicly accessible open space for every 50 square feet of commercial space or fraction thereof. Required open space shall be located within 660 feet of the main entrance to the commercial space as measured along a pedestrian walkway.
(3) Mixed Use
Open space requirements for mixed use developments shall be calculated based on the open space required for each use as noted in §153.064(C)(1)-(2).
No open space is required for civic uses in civic building types except as may be required by the landscape provisions of this chapter. Where civic uses are located in other permitted building types, there shall be a minimum of one square foot of publicly accessible open space for every 50 square feet of civic space or fraction thereof. Where required, open space shall be located within 660 feet of the main entrance to the building as measured along a pedestrian walkway.
(5) Existing Open Spaces
An existing open space may be used to meet the area requirements for open space for an individual development if approved by the required reviewing body. The applicant shall either add to the existing open space, create a new open space in accordance with §153.064, pay a fee in lieu of provision of open space as required by §153.064(E) where permitted by the Planning and Zoning Commission, or a combination thereof.
(6) Variation of Open Space Types
More than one open space type may be used in combination to meet the open space requirement. Where three or more individual open spaces are proposed to meet the requirement, at least two different types must be provided.
(D) Suitability of Open Space
(1) The ART or required reviewing body shall review all proposed open space types during the Minor Project, Site Plan and Development Plan application review processes to determine the suitability of the open space. In determining the suitability of areas to be set aside for new open space types or in considering the ability of existing open space types to meet the requirement, the ART or other reviewing body may consider all relevant factors and information, including but not limited to:
(a) The goals and objectives of the Community Plan (including the Bridge Street District Area Plan) and Parks and Recreation Master Plan;
(b) Suitability of the open space for active or passive recreational use or preservation of natural features;
(c) The need for specific types of open space and recreation in the Bridge Street District and particularly in the general vicinity of the proposed development taking into account the anticipated users of the open space and nearby land uses;
(d) The proximity or potential connectivity to other open space types.
(2) If the ART determines the open space proposed (or portions thereof) to be inconsistent with any of these considerations, a fee-in-lieu of the provision of open space, or a combination of fee and provision of open space may be used to meet the requirement if approved by the Planning and Zoning Commission in accordance with §153.064(E).
(E) Fee-In-Lieu of Open Space
(1) The following requirements shall be met where the required reviewing body has determined that a payment of a fee-in-lieu of open space is permitted. Refer to §153.066 for the procedures for open space fee in lieu determination.
(2) Fee-In-Lieu Calculation
The payment of fees-in-lieu of open space shall be collected prior to the issuance of a building permit for each phase of development and shall be calculated using the following method:
(a) Calculate the total acreage of required open space from §153.064(C)(1)-(4) as applicable;
(b) Multiply the acreage of required open space by its estimated average value per acre. This value shall be established from time to time by resolution of City Council.
(c) Multiply the value of the required open space as determined in §153.064(E)(2)(b) by the required open space to obtain the open space fee.
(3) Use of Open Space Fee
Unless otherwise specifically directed by City Council, all fees collected shall be deposited in a fund which shall be used only for land acquisition, development, maintenance and operation of publicly accessible open spaces in the Bridge Street District as outlined in §153.064.
(4) Fee-In-Lieu of Determination
Except as noted in §153.064(E)(5), the required reviewing body shall determine whether a request to pay a fee-in-lieu of open space dedication should be approved, upon a finding that all of the following considerations are met:
(a) That the amount of open space required by the nature and development intensity of the use would yield a lesser benefit than paying the fee.
(b) That open space is available in adjacent or nearby developments (within 660 feet of the principal entrance(s) to each building) that is equal to or in excess of the calculated area for all developments individually.
(c) That physical conditions unique to the site make it impractical to provide the required open space.
(d) That providing the required open space would hamper an efficient site layout, as determined by the required reviewing body.
(e) That providing the required open space would conflict with the Principles of Walkable Urbanism as provided in §153.065(I).
(5) If the open space requirement for any individual development proposal is less than the minimum required by Table 153-064-A for the smallest permitted open space type, the applicant may be permitted to pay the calculated fee-in-lieu of open space, subject to the approval of the Director of Parks and Open Space.
(F) Open Space Types
(1) Pocket Plaza
Pocket plazas are intended to provide a formal open space of relatively small scale to serve as an impromptu gathering place for civic, social, and commercial purposes. The pocket plaza is designed as a well defined area of refuge separate from the public sidewalk. These areas contain a greater amount of impervious coverage than other open space types. Seating areas are required and special features, such as fountains and public art installations, are encouraged. Refer to Table 153.064-A for an illustration of a typical pocket plaza.
(2) Pocket Park
Pocket parks are intended to provide small scale, primarily landscaped active or passive recreation and gathering spaces for neighborhood residents within walking distance. The design and programming of pocket parks should respond to the needs of residents in the immediate vicinity. Refer to Table 153.064-A for an illustration of a typical pocket park.
Greens are intended to provide informal, medium scale active or passive recreation for neighborhood residents within walking distance. Refer to Table 153.064-A for an illustration of a typical green.
Squares are intended to provide formal open space of medium scale to serve as a gathering place for civic, social, and commercial purposes. Squares are generally rectilinear and bordered on all sides by a vehicular right-of-way, which together with adjacent building façades define the space. Squares contain both hardscape areas, such as paths, fountains, gazebos, public art, and street furniture, as well as landscaping. Refer to Table 153.064-A for an illustration of a typical square.
Plazas are intended to provide formal open space of medium scale to serve as a gathering place for civic, social, and commercial purposes. Plazas are usually located in areas where land uses are more diverse and there is potential for a greater level of pedestrian activity. The plaza may contain a greater amount of impervious coverage than any other open space type. Special features, such as fountains and public art installations, are encouraged. Refer to Table 153.064-A for an illustration of a typical plaza.
Parks are intended to provide informal active and passive larger-scale recreational amenities to city residents and visitors. Parks have natural plantings and can be created around existing natural features such as water bodies or tree stands. Parks can be used to define edges of neighborhoods and districts. Refer to Table 153.064-A for an illustration of a typical park.
Greenways are intended to provide a combination of informal and well organized, primarily linear open spaces that serve to connect open space types and major destinations within and outside of the Bridge Street Corridor. Portions of greenways may follow and preserve a natural feature, such as a river or stream edge, ravine, or tree row, or man-made features, such as streets. Greenways can be used to define edges of neighborhoods and districts and may be directly adjacent to other open space types. Refer to Table 153.064-A for an illustration of a typical greenway.
(G) General Requirements
The following defines the general requirements for all open space types in the Bridge Street District as provided in Table 153.064-A, Summary of Open Space Type Requirements. Land not meeting the requirements of §153.064(G) and Table 153.064-A shall not be counted toward an open space requirement unless the required reviewing body finds that unique site conditions, a creative design, or other considerations unique to the site are present that justifies a deviation from the requirements.
Minimum and maximum size of open space is measured along the parcel lines of the property.
(a) Minimum Dimension
The minimum length and the minimum width of an open space is measured along the longest two straight lines intersecting at a right angle. Refer to Figure 153.064-A, Examples of Measuring the Minimum Length and Width of Open Space Types.
(b) Proportion Requirement
With the exception of the greenway, open space types shall be sized at a ratio of not more than three to one (3:1), length to width.
All open space types shall provide public pedestrian access from a street right-of-way.
(a) Minimum Percentage of Street Right-of-Way Frontage Required
The minimum percentage of street right-of-way frontage required is measured as the minimum percentage of the open space perimeter, as measured along the outer parcel line or edge of the space, that shall be located directly adjacent to a street right-of-way, excluding alley frontage. This requirement provides access and visibility to the open space.
Pedestrian paths, sidewalks, cycletracks and multi-use paths shall connect to existing or planned bicycle or pedestrian paths or other open space types when the open space abuts an existing or planned path right-of-way, a parcel zoned in the BSD Public District, or other open space types. For greenways, pedestrian and/or bicycle access points may be required by the ART or the required reviewing body.
(3) Districts Permitted
(a) The districts permitted are the BSD zoning districts in which each open space type is permitted. Refer to §153.058 for the intent of all BSD zoning districts.
(b) Frontage Orientation of Adjacent Buildings/Parcels
The frontage orientation of adjacent buildings/parcels is the preferred orientation of the adjacent buildings’ and/or parcels’ frontages to the open space. Front, corner, side, and rear refers to the property line either adjacent to the open space or facing the open space across the street.
The following types of development and improvements may be permitted on an open space type.
(a) Designated Sports Fields
Designated sports fields are ball fields or courts designed for one or more sports including, but not limited to, baseball fields, softball fields, soccer fields, basketball courts, football fields, and tennis courts. For the purposes of §153.064, small scale recreational courts and activity areas such as bocce, shuffleboard or game tables are not classified as designated sports fields.
For the purposes of §153.064, playgrounds are defined as areas with play structures and equipment typically for children, such as slides, swings, climbing structures, and skate parks.
(c) Site Furnishings
High quality, City-approved site furnishings including but not limited to benches, bicycle racks, and waste receptacles are permitted and encouraged in all open spaces.
(d) Public Art
The incorporation of public art is highly encouraged as an amenity in all open spaces. Public art includes, but is not limited to, works of two- or three-dimensions and may be freestanding, or incorporated into walls, pavement or other surfaces.
Ancillary structures in open spaces shall not be subject to the physical requirements of the building types, but shall be designed and furnished to be consistent with the district in which they are located and consistent with the building material requirements of §153.062(E). Structure consistency may be achieved through frontage, massing, and character similar to adjacent development, as determined by the required reviewing body.
2. Fully-Enclosed Structures
A. Maximum Area
Where permitted, fully enclosed structures are limited to a maximum building coverage as a percentage of the open space area. In no case shall an individual fully enclosed structure exceed 500 square feet in area unless approved by the required reviewing body.
B. Fully enclosed structures may include such accessory uses as maintenance sheds, refreshment stands, newsstands, and restrooms. Refer to §153.059, Uses, for additional information about permitted principal and accessory uses.
3. Semi-Enclosed Structures
Open-air structures, such as gazebos, open air pavilions, picnic shelters, outdoor theaters, and similar structures, are permitted in all open spaces.
(f) Maximum Impervious and Semi-Pervious Surface Permitted
In Table 153.064-A, the amounts of impervious and semi-pervious coverage are provided separately to allow an additional amount of semi-pervious surface, such as permeable paving, for paved surfaces including but not limited to parking facilities, driveways, sidewalks, paths, and structures.
(g) Open Water
1.The maximum amount of area within an open space that may be covered by open water is provided in Table 153.064-A for all open space types. This includes but is not limited to water features above grade, such as fountains, as well as ponds, lakes, and pools.
2. Open water within an open space shall be located at least 20 feet from a property line unless the required reviewing body determines that a lesser distance will ensure public safety.
(h) Fencing and Walls
Open spaces may incorporate fencing and walls provided that the following requirements are met.
A. Fencing shall not exceed 42 inches, unless otherwise approved by the required reviewing body for special circumstances such as proximity to highway right-of-way and/or use around swimming pools, ball fields, and ball courts.
B. Walls shall not exceed 36 inches as measured from the established grade.
Fence opacity shall not exceed 60%. Walls may be 100% opaque.
A. Chain-link fencing is not permitted, with the exception of designated sports fields, court fencing, and other similar types of recreational facilities approved by the required reviewing body. Vinyl fencing is prohibited.
B. Walls may be constructed of masonry, consistent with the street wall design requirements of §153.065(E)(2).
4. Spacing of Openings
An opening or gate permitting access to an open space type shall be provided at a minimum of every 200 feet of street frontage.
Open spaces may either be publicly or privately owned. If privately owned, required open space must be publicly accessible along a street right-of-way.
(6) Parking Requirements
Off-street parking is not required for open spaces but is encouraged for open space types three acres or larger. Refer to §153.065(B), Parking and Loading, for more information on parking requirements.
(7) Stormwater Management
Stormwater management practices, such as storage and retention facilities, may be integrated into open spaces. Refer to Chapter 53 for design requirements.
(a) Stormwater Features
Stormwater features in open spaces may be designed as formal or natural amenities with additional uses other than stormwater management alone, such as an amphitheater, sports field, or a pond or pool as part of the landscape design. Stormwater features shall not be fenced and shall not be designed or placed so as to impede public use of the land they occupy.
(b) Qualified Professional
Stormwater management features incorporated into open spaces shall be designed by a licensed design professional.