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Home My WebLink AboutORD 7560_ ZA-R-245-PART 2_ AMEND SECTION 2, SECTION 3-B, 1, 2, 3, 4, & 5 ORDINANCE W 0 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending the following Sections: • Section 2 - Definitions: Accessory Building, Accessory Use, Breezeway, Building, Building Height, Building, Main/Main Building; • Section 3-B-1,2,3,4 & 5 - Open Space/Recreation Area; THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting, in its entirety Section 3-B — Open Space/Recreation Area and replacing it with the following amended Section 3-B—Open Space/Recreation Area: Section 3-B—Open Space/Recreation Area 3-B-1 Purpose of the Regulations Open space requirements are intended to assure opportunities for outdoor recreation or relaxation for residents and to ensure development proposals avoid unnecessary impacts on natural resources in the nearby vicinity. The standards work to ensure a portion of the site not covered by buildings is of adequate size, shape, improvement and location to be usable for outdoor recreation or relaxation,and to ensure the preservation of significant natural resources within the project. Required open space benefits the public health and is an important aspect of livability and sustainability. Open space is particularly important in areas of more intensive residential and commercial development. Open space required by this section may be calculated and used in a variety of ways,including natural areas for promotion of water quality, wildlife and ecological functions, protection of environmental sensitive lands such as floodplain, floodways, wetlands and riparian buffers, parks, gardens, landscaped medians and landscaped shoulders, squares, village greens, courtyards, or recreational space provided the use is consistent with the requirements of this section. 3-B-2 Applicability All residential development in every residentially zoned districts. Open and Recreation space must meet one of four options based on total land area. ZA-R-245-part 2 Options Open Space Recreation Space Conservation 40%min 10%min of Open * /30%min Space Planned** 25% See note at ** Mixed Use 20% See note at *** *** Compact**** 10%min 10%min of Open Space *Applicants seeking Conservation Subdivision must meet requirements of Section 28-D Conservation Subdivision of the Zoning Ordinance. **See Section 13-9 and Section 19-6-c)of the Comprehensive Zoning Ordinance ***See Section 25-G of the Comprehensive Zoning Ordinance. ****All R- zoning classifications not otherwise specified and Manufactured Home Parks per Section 27-6-(l) of the Comprehensive Zoning Ordinance 3-B-3 Permitted and Prohibited Uses of Open Space Permitted Uses Prohibited Uses Conservation areas for natural, archeological or Roads,parking lots, and impervious historical resources surfaces Meadows, woodlands, wetlands,wildlife Agricultural or forestry activities and corridors, floodplain, floodways,riparian commercial livestock operation, for buffers, or similar conservation-oriented areas something other than personal use Stormwater(pipes and ponds) and wastewater control measures and all easements do not count towards total open space Passive and active recreation(impervious All pavement within right-of-ways do not surface limited to 10% of total open space) count towards total open space;however, grassed areas outside of pavement and within right-of-ways does count toward open space requirements if it is maintained by the HOA Areas designed for water quality, water bodies, lakes, and ponds (limited to 50% of total open space) Community gardens,pocket parks,playgrounds, pedestrian and multipurpose trails squares, village greens, courtyards, and other similar neighborhood uses, and community related facilities and uses. ZA-R-245-part 2 3-B-4 Ownership and Maintenance of Open Space A plan for the ownership and maintenance of the open space shall be submitted at the time of the Development Plan submittal. Ownership and maintenance responsibility of the open space shall also be noted on the Final Plat for the subdivision. A copy of the recorded ownership and maintenance document shall be submitted prior to Final Plat approval. The open space shall be owned and maintained by the equitable owners as outlined below: Ownership and Maintenance Conveyance and Dissolution City and Land Trust Open space shall be conveyed to City, Open space may be deeded to City or CSRA land trust or property owner's Land Trust or any other recognized land association in fee simple, without trust., or similar organization, within the encumbrances, such as utilities, state of Georgia who will take full drainage, and easements. responsibility for its maintenance. (Note: The City or a land trust is under no obligation to take ownership of this land.) Property Owner's Association If property owner's association is The open space may be held in common dissolved, open space will be deeded ownership by a property owners' to another entity that shall be association. Such ownership is subject to all responsible for maintenance and Georgia Code § 44-3-221 and 235 upkeep. If no offer is accepted, open provisions. space shall be deeded to City. Such costs shall become a lien on all If a Property Owners Association takes subdivision properties. See 3-B-4-4. ownership of the open space,membership in the property owners' association shall be mandatory for all purchasers of lots within the subdivision and their successors in title. 1. Property owner's association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions: • Responsibility for insurance, taxes,maintenance of the open space. • Instant mandatory membership and assessment of all lot purchasers and successors. • Conditions and timing of transferring control from developer to lot owners. • Guarantee association will not be dissolved without the advance approval of the City. 2. The developer shall record the necessary legal instrument to accomplish protection of the open space prior to, or concurrent with, the recording of the subdivision Final Plat. The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions contained in this Section, as well as any further restrictions the applicant chooses to place on the use of the open space or the City imposes as a condition of zoning. 3. An open space management plan shall be prepared and submitted prior to the issuance of a development/site plan review approval. The open space management plan shall: ZA-R-245-part 2 • Allocate responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; • Estimate the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided; • Provide that any changes to the plan be approved by the City; and • Provide for enforcement of the plan. 4. In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the City of Augusta may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the Property Owners' Association,or to the individual property owners that make up the Property Owners' Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. 3-B-5 Delineation of Open Space Open space will be delineated on all site and development plans based on the following requirements: 1. The required open space must be accessible to the largest practicable number of dwelling units / subdivision lots within the development. Non-adjoining open space lots must be provided with safe, convenient access to the open space from a public or private road with a minimum of 25 feet of frontage on said public or private road. 2. Where feasible, open space should join any neighboring area of open space, other protected areas and/or non-protected natural areas. 3. In subdivisions, land provided for open space and not proposed for improvement by the developer shall be deeded to a qualified property owners' association or the City of Augusta upon the approval of the final plat containing said land and shall be used exclusively for open space purposes. The qualified property owners' association shall be established under the laws of Georgia and shall provide for the mandatory membership of all the owners of property within the subdivision who shall be responsible for the perpetual maintenance and function of the open space areas and all uses or facilities therein. The association shall have the authority and duty to assess its members for such maintenance and improvements as set forth in the instrument creating the association. All covenants shall be recorded simultaneously with the final subdivision plat. 4. In subdivisions,land provided for recreational uses within the dedicated open space and not proposed for improvement by the developer shall be deeded to a qualified property owners' association or the City of Augusta upon the approval of the final plat containing said land and shall be used exclusively for recreational purposes. The qualified property owners' association shall be established under the laws of Georgia and shall provide for the mandatory membership of all the owners of property within the subdivision who shall be responsible for the perpetual maintenance and function of the recreational areas and all uses or facilities therein. The association shall have the authority and duty to assess its members ZA-R-245-part 2 for such maintenance and improvements as set forth in the instrument creating the association. All covenants shall be recorded simultaneously with the final subdivision plat. 5. The City of Augusta may lease or sell land reserved for public parks to a qualified property owners' association with a deed restriction that the land be used exclusively for open space or public recreational purposes in perpetuity. The organization of a qualified property owners' association and its adequate financing for the discharge of its responsibilities shall be assured through acceptable private deed covenants running with the land or other such documents as approved the City of Augusta. 6. Undeveloped and natural open space shall remain undeveloped and natural except for the provision of non-motorized passive recreation opportunities such as running, walking, biking, and similar outdoor activities. "pocket parks" and "greens" may be constructed and maintained within open space areas. A "pocket park" or "green" is a landscaped area larger than 0.33 acres constructed for community gathering or play, or visual enhancement(Figure 1). "Pocket parks" or "greens" shall not exceed ten percent of the total open space. Figure 1:Pocket Park • I * I et,. F,. SECTION II. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. ZA-R-245-part 2 Duly adopted by the Augusta-Richmond County Commission this Y1 day of J n , 2017. //IA t +� aoLH Moi�, MAYOR, AUGUSTA COMMISSION ��'.,►�"'"«., �►Q1� AUGUSTA, GEORGIA ti � b 4 t •' r 'ATT t,% ABONN ri- , RK first Reatti �r 2a i`1 Second Reading: �Q6\(Q... _C � 1k ZA-R-245-part 2