10-07-05: LANDSCAPE REQUIREMENTS FOR RESIDENTIAL, MULTI-FAMILY, COMMERCIAL SUBDIVISIONS AND INDUSTRIAL ZONED PROPERTY; OPEN SPACE STANDARDS FOR COMMON LOTS:

(1) Purpose: The purpose of this section is to guide the installation of common open space throughout residential, multi-family, commercial and industrial developments that are constructed or reconstructed after the adoption of this article.

(2) Common Open Space Requirements For Residential And Commercial Subdivisions: At least five percent (5%) of a residential or commercial subdivision's gross land area shall be set aside for common open space purpose. Note: Commercial parking space requirements may drive the percentage above five percent (5%) (see section 10-07-09 of this article). Open spaces should be interspersed throughout the development, rather than concentrated in one area.

These open space areas are established for use by the subdivision's occupants and their guests, but not for the general public living outside the subdivision, unless the open space has public easements running through it that make it publicly dedicated or the land has been dedicated for public purpose. Common open space dedication will not be required for residential developments containing less than five (5) dwelling units unless they are part of a phased development or located in a local historical district, gateway street, Indian Creek and the Boise River corridor or the I-84 corridor.

(3) Common Open Space Requirement For Multi-Family Subdivisions: The controller shall set aside at least ten percent (10%) of a multi-family development's gross land area for common open space. Open spaces should be interspersed throughout the development rather than concentrated in one area.

These open space areas are established for use by the subdivision's occupants and their guests, but not for the general public living outside the subdivision, unless the open space has public easements running through it that make it publicly dedicated or the land has been dedicated for public purpose. Common open space dedication will not be required for a multi-family dwelling, containing less than five (5) dwelling units unless they are part of a phased development or located in a local historical district, gateway street, Indian Creek and the Boise River corridor or the I-84 corridor.

(4) Common Open Space Requirement For Industrial Zoned Property: At least five percent (5%) of an industrial property's undesignated land area shall be set aside for common open space with the exception of those areas designated for parking, storage, circulation and loading shall be excluded from this percentage requirement. Additionally, the common open space landscape requirement may be shifted to the perimeter to make for a wider perimeter or streetscape buffer.

(5) Common Open Space Defined: Street right of way areas and areas dedicated for future right of way purpose shall not be considered part of any common open space area for a percentage of the landscape requirement.

Land dedicated for landscaping purpose, beyond the requirements of this article, may count one hundred percent (100%) toward the common open space requirement, and the installation of a street buffer wider than the minimum width requirement, as determined by roadway type, may count one hundred percent (100%) toward the open space requirement.

In order for a storm water detention facility to be credited to the open space requirement it must be designed in accordance with section 10-07-13 of this article. Open space may be designed for active or passive recreation use. Open space must be accessible to all citizens living or working in the development in order to be considered "common area". Common areas used for storm water facilities shall be separated from common areas used for recreation by way of an approved fencing construction when the storm water facility has the potential to retain or pond water for any period of time to a water depth greater than one foot (1').

(6) Location: Common open spaces shall be located on lots platted for that purpose. Common lots shall be designed and constructed in such a manner as to maximize the placement of open space relative to the adjoining developments, to improve recreation opportunity and promote interconnectivity. Open spaces should be interspersed throughout the development rather than concentrated in one area and according to the provision found in section 10-07-01 of this article. Common open space requirements will not be required for existing buildings located in the downtown area where open space cannot be reasonably included.

(7) Required Improvements And Landscaping: The common open space area shall be grass seeded or sodded and rely upon a dependable source of water for landscape irrigation, with the exception of any natural area set aside to include: wetlands, rock outcroppings, ponds, creeks, groves of trees and other naturally occurring features left undeveloped in their natural state. The portion of common lot areas set aside for active playground purpose should be designed to minimize injury to children. Accordingly, materials more suitable than standard landscaping applications may be appropriate in the common open space areas designated for intensive recreation purpose. Common open space lots shall include at least two (2) deciduous shade trees for every eight thousand (8,000) square feet of land area dedicated for that purpose. All common open space areas greater than one thousand (1,000) square feet shall have at least one deciduous tree.

(8) Pathway Linkages; Interconnectivity: A subdivision shall be designed to contain pathway linkages connecting it to the adjoining lands where possible.

The community development staff may waive the pathway connection obligation for fill in development upon a finding that such connectivity is not feasible. The subdivision's pathway linkages are also intended to internally connect with the development's common lot areas.

(9) Americans With Disabilities Act (ADA): Landscape areas shall not be designed in such a fashion as to interfere with pedestrian sidewalk access or pose impediment to those who are disabled or infirm. Landscape buffering and screening devices shall not be constructed to impede or eliminate the pedestrian's ability to access any abutting development. If the landscape creates a continuous perimeter barrier, the controller shall provide sufficient pathways through the landscaping every six hundred sixty feet (660') unless there are physical barriers like a canal or a cliff that prevent the construction of such access. The controller has an obligation to call attention to any landscape application that may limit access, so that an appropriate remedy may be found.

(10) Maintenance: Final platted common open space may be conveyed to the city, provided the parks department agrees to accept it. If the parks department declines, the open space area shall be conveyed to a home or business owners' association for care and maintenance. Note: The city's storm water management policy requires that the home or business owners' association maintain storm water facilities placed in common open space areas. (Ord. 2533, 12-20-2004)