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Ionia City Zoning Code

CHAPTER 1270

Open Space Neighborhoods

1270.01 INTENT.

   The intent of this chapter is to require dedicated open space within any new residential plat or site condominium development, while allowing the developer to achieve a greater number of lots than would be otherwise possible under conventional plat or site condominium development. Further, this chapter seeks to promote principals of design which accomplish the following:
   (a)   Identify and preserve natural features and environmentally sensitive areas.
   (b)   Provide for recreational areas within new neighborhoods that are usable, centrally located and accessible to all residents of the neighborhood.
   (c)   Provide for neighborhood design which has a definable center and an edge, and which provides pedestrian links throughout the development.
   (d)   Integrate any valuable cultural features on the site with the new residential development.
   (e)   Provide a road design that provides connection throughout the development, rather than utilizing numerous cul-de-sacs, and that provides traffic calming devices such as shorter street segments, ninety degree turns, and traffic circles.
   (f)   Allow for vehicular and pedestrian connections with existing or future developments in the vicinity of the new residential development.
   (g)   Promote the objectives of the City of Ionia Master Plan.
(Ord. 390. Passed 3-6-01.)

1270.02 AUTHORIZATION.

   An Open Space Neighborhood shall be a use permitted by right within the R-1, R-2, and R-3 Residential Districts, when developed according to the regulations set forth in the City of Ionia Subdivision Regulations or Site Condominium Regulations, and the requirements of this chapter.
(Ord. 390. Passed 3-6-01.)

1270.03 DEVELOPMENT REQUIREMENTS.

   The following regulations shall apply to an Open Space Neighborhood:
   (a)   The site shall be developed subject to the City of Ionia Subdivision Regulations or the City of Ionia Site Condominium Regulations.
   (b)   Public water and sewer shall be available to serve the site.
   (c)   Density calculations shall be as follows:
      (1)   The total number of dwelling units permitted within an OSN shall be determined by multiplying the net acreage of the site by the density permitted within the zoning district in which the OSN is located. In determining net acreage, the following shall be deducted from the total size of the parcel:
         A.   One-half of those areas within the 100-year flood plain.
         B.   One-half of wetland areas or those areas permanently inundated by water, including lakes, ponds, streams, and rivers
         C.   One-half of those areas with existing slopes of twenty (20%) percent or greater.
      (2)   Maximum density for OSN developments is as follows:
         A.   LDR - Low-Density Residential District = 12.45 dwelling units per acre.
         B.   MDR - Medium-Density Residential = 14.52 dwelling units per acre.
   (d)   Additional dwelling units above what is permitted by Sections 1270.03(c)(1) and 1270.03(c)(2) hereof may be permitted within the OSN in the best judgment and reasonable discretion of the Planning Commission and the City Council if the development provides additional amenities or dedicates additional open space which would result in a significant recognizable benefit to the City or the residents of the OSN. Additional amenities might include, by way of example only:
      (1)   Playgrounds with play equipment, ballfields, golf courses, bike paths, walking paths, created lakes, community buildings, or similar facilities.
      (2)   Additional landscaping, walkways, benches, or similar items within a village square area.
      (3)   Trails through natural areas such as wetlands, woodlands, and meadows.
   (e)   If additional dwelling units are permitted, the maximum number of dwelling units shall be determined by multiplying the density permitted in subsection (c) hereof by the total acreage of the site, including the wetlands, floodplains, bodies of water, and steep slopes.
   (f)   Lot size standards shall be as follows:
      (1)   Lots within an OSN shall be permitted to be smaller in area and width and have narrower setbacks than the minimum requirements of the zoning district in which the OSN is to be located to achieve the objectives of this chapter. The lot size in the LDR - Low-Density Residential District shall be permitted a ten (10%) percent reduction.
      (2)   The minimum permitted lot sizes, lot widths, and building setbacks in an Open Space Neighborhood shall be as outlined in Table 1 below:
TABLE 1
 
ZONE
LDR
MDR
Min. Permitted Lot Size
3,500 sq. ft.
3,000 sq. ft.
Min. Permitted Lot Width
40 ft.
40 ft.
Min. Front Setback
15 ft.
15 ft.
Min. Rear Setback
15 ft.
15 ft.
Min. Side Setback (total/min.)
13-foot side yard minimum, one side no less than 5 feet
13-foot side yard minimum, one side no less than 5 feet
 
   (g)   The height of any building within an OSN shall not exceed thirty feet except as provided for in Section 1286.07(d).
   (h)   The minimum size for any structure within the OSN shall be the same as that required by the district in which the OSN is located.
(Ord. 390. Passed 3-6-01; Ord. 588. Passed 7-2-24.)

1270.04 PROVISIONS FOR OPEN SPACE.

   (a)   A minimum of eight percent of the gross site area of the OSN shall be permanently allocated as open space.
   (b)   Land designated as permanent open space shall be maintained as parks, squares, greenbelts or natural areas.
   (c)   At least one contiguous area of open space shall be centrally located within the development, and shall be maintained as a village square, playground, or park. It is the intent of this chapter that the centrally located portion of the dedicated open space will have houses facing it, will be contiguous to the roadway, and will be maintained in a more formal sense, so as to promote visibility, monitoring, and safety of the area.
   The minimum size of maintained greens, playgrounds, or recreational parks shall be 5,000 square feet; the maximum size of maintained greens, playgrounds, or recreational parks shall be 60,000 square feet. The Planning Commission may approve other dedicated open space areas of less than 5,000 square feet and more than 60,000 square feet if such areas are designed and established as pedestrian or bicycle paths or are otherwise determined by the Planning Commission to be open space reasonably usable by residents of the OSN.
   (d)   Narrow bands of open space around the perimeters of sites will generally not qualify as usable dedicated open space, unless those areas are portions of walking trails that connect to larger areas of open space. Rather, those areas that provide usable amounts of play area or that preserve significant areas of natural features will qualify as dedicated open space.
   (e)   Open space areas shall be located so as to be reasonably accessible to all residents of the OSN. Pedestrian access points to the dedicated open space areas from the interior of the OSN shall be provided and shall be clearly identifiable by a sign or improved pathway.
   (f)   Grading in the open space areas shall be minimal except where grading can be shown to offer a demonstrated improvement in the design of the site.
   (g)   Dedicated open spaces may consist of ball fields, tennis courts, swimming pools and related buildings, community buildings, golf courses, and similar recreational facilities. These uses may not, however, utilize more than fifty percent of the dedicated open space.
   (h)   Dedicated open space within the OSN shall be linked, if possible, with any adjacent existing neighborhoods, public spaces, or walkways. In addition, dedicated open spaces shall be linked with undeveloped lands that are adjacent to the OSN.
   (i)   The Planning Commission and the City Council may, at their discretion, consider variations from the design standards for Open Space Neighborhoods, provided that the applicant can demonstrate that the intent of the chapter is met.
   (j)   The applicant shall provide an open space preservation and maintenance agreement to the City Council stating that all dedicated open space portions of the development shall be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in title to commitments made as part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the City of Ionia and the land uses continue as approved in the plat or site condominium, unless an amendment is approved by the City Council.
   The agreement must be acceptable to the City Council and may consist of a dedicated City park, a recorded deed restriction, covenants that run perpetually with the land or a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Act 197 of the Public Acts of 1980, as amended. The agreement shall:
      (1)   Indicate the allowable use(s) of the dedicated open space.
      (2)   Require that the dedicated open space be maintained by parties who have an ownership interest in the open space, whether those parties are of a private or Municipal nature.
      (3)   Provide standards for scheduled maintenance of the dedicated open space, including necessary maintenance of vegetation, and repair, maintenance or management of the site amenities and facilities.
      (4)   Provide for maintenance to be undertaken by the City of Ionia in the event that the dedicated open space is inadequately maintained, or is determined by the City to be a public nuisance. Any costs incurred by the City shall be assessed to the owners of the property within the OSN.
   (k)   Areas not considered open space:
      (1)   The area within any public or private street right-of-way, or access easement.
      (2)   Any easement for overhead utility lines, storm drainage rights-of-way, or stormwater detention areas.
      (3)   Fifty percent of any floodplain, lakes, streams, wetlands, or other surface water bodies, including created ponds.
      (4)   The area within a platted lot or site condominium.
      (5)   Sidewalks, excepting those walkways that are a portion of a dedicated trail system. However, trail systems alone may not constitute the entire percentage of the dedicated open space.
(Ord. 390. Passed 3-6-01.)

1270.05 DESIGN STANDARDS FOR OPEN SPACE NEIGHBORHOODS.

   (a)   Within an OSN, the developer is encouraged to locate lots so that they face upon the centrally located village green or play area. This central green or play area shall be adjacent to the public or private roadway. Ideally, the central green or play area should be encircled by the roadway or by a sidewalk.
   (b)   Within any single OSN, the edge of any central green or play area shall be located no more than 1,320 feet (one-quarter mile) from another green, play area, or other dedicated open space. In addition, no lot within an OSN shall be located further than 1,320 feet (one-quarter mile) from any central green, play area, or natural area.
   (c)   Roads serving new developments shall be designed to connect with adjoining properties, both developed and undeveloped.
   (d)   Every effort should be made to connect each street with another so that dead-ends are minimized, to provide safe and efficient access for emergency and public service vehicles, and to avoid conditions where single streets become collectors that carry a majority of the neighborhood traffic.
   (e)   Whenever feasible, streets should be designed with shorter straight or curving segments, ninety degree turn angles, "T" intersections, and traffic circles to reduce speeds and to facilitate pedestrian safety within the neighborhood.
   (f)   Block lengths shall generally be no more than 800 feet. For blocks which are 600 feet or more in length as measured between rights-of-way, a five-feet wide walkway shall be provided in mid-block to facilitate pedestrian access within the development. This walkway shall be improved with asphalt, concrete, wood chips or similar surface and shall be located within an easement dedicated for use by the residents of the development.
(Ord. 390. Passed 3-6-01.)