§ 2.7. PRIVATE COMMON OPEN SPACE AND PEDESTRIAN AMENITIES.

2.7.1.   Purpose.

Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. They can also help to shape the relationship between different land uses and provide focal points and anchors for pedestrian activity. Goals and requirements for common open space and pedestrian amenities complement the Austin Code's requirements for dedicated public open space and parks, and serve similar purposes.

2.7.2.   Applicability.

The following table summarizes the applicability of this section:

Standard	Applies if the Principal Street Is:	Applies to the Following:
2.7. Private Common Open Space and Pedestrian Amenities	All roadway types	All site plans two acres in size or larger, and all multifamily and condominium uses except as provided in 25-2-776 and 25-2-780

 

2.7.3.   Standards.

A.

Amenity Required. All development subject to this section shall devote a minimum of five percent of the gross site area to one or more of the following types of private common open space or pedestrian amenities:

1.

A natural and undeveloped private common open space, for use of the residents, employees, and visitors to the development.

2.

A landscape area other than one required by Subchapter C, Article 9 (Landscaping), provided such landscaped area has a minimum depth and width of 20 feet and a minimum total area of 650 square feet. The area shall include pedestrian amenities.

3.

A patio or plaza with outdoor seating areas, provided the patio or plaza has a minimum depth and width of 20 feet and a minimum total area of 650 square feet. The area shall include pedestrian amenities including fully or partially shaded spaces with flexible or permanent seating to support these places as gathering areas.

4.

A play area with amenities or equipment suitable for children under nine years of age, provided the play area has a minimum depth and width of 20 feet and a minimum total area of 650 square feet. Play areas shall comply with the most current Consumer Product Safety Commission guidelines for playgrounds as well as ASTM International standards as applicable and shall have impediments between the activity area and any nearby vehicular drives or parking areas to minimize the opportunities for young children to wander into traffic. Such impediments may include berms, fencing, landscaping or other barriers as appropriate to the site and which meet safety standards. Play areas shall include partially-shaded areas with flexible or permanent seating for adult supervision. A project which chooses this option may reduce the total amount of open space required by 10 percent.

5.

Spaces that provide educational, historic, or cultural features, or sensory experiences, such as culinary, therapeutic or sculptural gardens; soundscapes, and interactive water features.

6.

Swimming pools, wading pools, or splash pads.

7.

Water quality and storm water detention ponds designed as an amenity and approved by the Director.

8.

A multi-use trail connecting to or proposed in the City of Austin Trails Master Plan, Austin Parks and Recreation Long-Range Plan, Sidewalk Master Plan, or Bicycle Plan, or other trail connections as approved by the Director.

9.

Basketball, tennis, volleyball, or other sport courts or playing fields.

10.

A transit plaza, on private property, that is adjacent to a Capital Metro MetroRapid stop or station.

11.

A combination of the above-listed amenities. (See Figure 36.)

(See Figure 36 set forth in Exhibit A attached to Ord. 20130606-088; Examples of open space amenities.)

B.

Location Criteria. To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, the developer shall give priority to their preservation as private common open space. In reviewing the proposed location of private common open space areas, the Director shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas (which are not listed in a particular order):

1.

Wetlands;

2.

Flood hazard areas;

3.

Lakes, rivers, and stream/riparian corridors;

4.

Tree preservation areas (See Figure 37.);

(See Figure 37 set forth in Exhibit A attached to Ord. 20130606-088; Example of tree preservation during construction.)

5.

Karst areas;

6.

Cultural or historically significant structures, landscapes, features, and/or places; and

7.

Agricultural lands used for cultivation of local produce.

Where private common open space areas, trails, parks, or other public spaces exist or are proposed in the City of Austin Trails Master Plan, Austin Parks and Recreation Long-Range Plan, Sidewalk Master Plan, or Bicycle Plan within or adjacent to the tract to be subdivided or developed, the private common open space or pedestrian amenity shall, to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing or proposed trail, park, or other open area land. Public access easements may be required in order to guarantee public access to these facilities.

Where there is a BRT station adjacent to the tract to be developed, a portion of the private common open space or pedestrian amenity shall, to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing or permitted station. For sites greater than one acre, the open space should be a minimum of 150 s.f. plus an additional 100 s.f. per acre over one, not to exceed 1,000 s.f. This will apply only outside the Central Business District (CBD) and downtown-mixed-use (DMU) zoning.

C.

Areas Not Credited. Lands within the following areas shall not be counted towards private common open space or pedestrian amenities required by this section:

1.

Open space in a required street yard;

2.

Public or private streets or rights of way;

3.

Off-street parking, loading areas, driveways, and service areas; and

4.

Water quality and storm water detention ponds, unless designed as an accessible amenity and approved by the Director.

D.

Design Criteria. Land set aside for private common open space or pedestrian amenities pursuant to this section shall meet the following design criteria, as relevant:

1.

Common open space areas shall be located so as to be readily accessible and useable by residents or visitors in various locations of the development, unless the lands are sensitive natural resources and access should be restricted.

2.

Open space areas shall be compact and contiguous unless the open space is used as a continuation of an existing trail, or specific or unique topographic features that are adjacent or adjoining require a different configuration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor.

3.

The surface of a required open space must be suitable for outdoor activities. A surface must consist of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust free material. Asphalt or similar surfacing may be used for designated recreation areas such as multi-purpose trails, tennis courts, and basketball courts. Decomposed granite may be used if approved by the Director and if accessibility requirements are met. A combination of different materials is encouraged.

4.

Except as provided in this subsection, not more than 30 percent of the required open space may be located on a roof, balcony, or other area above ground level. In determining the amount of open space on a roof, an area occupied by a vent, mechanical equipment or structure that does not enhance the usability of the space is excluded.

5.

Up to 50 percent of the required private common open space may be located on a roof, balcony, or other area above ground level if at least 50 percent of the open space above ground level is designed as a Vegetated or Green Roof. For the purpose of this section, a Vegetated or Green Roof is an assembly or system, over an occupied space, that supports an area of planted bed(s), built up on a waterproofed surface at any level that is contained separately from the natural ground by a human-made structure. A Vegetated or Green Roof must comply with the performance standards adopted by rule.

6.

Private common open space on a roof, balcony, or other area above ground level must be screened from the view of adjacent property that is in an urban residence (SF-5) or more restrictive zoning district, in accordance with the standards in Section 25-2-1066 ( Screening Requirements ).

7.

A project which allows public access during normal business hours to a private common open space above ground level may reduce the total amount of open space required by 10 percent.

8.

This subsection provides for the covering of a required open space.

(a.)

Not more than 50 percent of ground level open space may be covered by a fixed manmade obstruction, including a roof, balcony, or building projection. Roof gardens and sculptural elements that are accessible to the public are not to be considered manmade obstructions.

(b.)

Open space above ground level may be covered, but must have at least one exterior side open and unobstructed, except for railings or balustrades.

9.

In VMU and V zoning districts, streetscape improvements within the public right-of-way may be included in the calculation of open space except for the area within the Clear Zone as defined in this Subchapter. This provision does not apply to streetscape projects for which the City participates in the cost of the improvements or which are required to be constructed as a condition of CURE zoning.

E.

Maintenance. All private common open space or pedestrian amenity areas shall be permanently maintained by the owners of the development.

F.

Fee In Lieu.

1.

Instead of providing private common open space or pedestrian amenities as required in this section, the developer of a property located within the urban roadways boundary (as defined in Article 5 of this Subchapter) may request approval to deposit with the city a nonrefundable cash payment to be used for the acquisition or improvement of open space that will serve residents of the development.

2.

The criteria for approving payment of a fee and the formula for calculating the fee amount shall be adopted by the city council, with a recommendation from the Director.

3.

The Director shall review a request for payment of a fee based on the adopted criteria and accept or deny the request no later than 15 days following its receipt.

Source: Ord. 20060831-068; Ord. 20111215-096; Ord. 20130606-088.