Louisville City Zoning Code
CHAPTER 1159
Recreational Parks, Playgrounds and Open Space
1159.01 PURPOSE.
Parks, recreational amenities, and public open spaces are generally considered an important part of a healthy community adding to the cultural fabric and quality of life in society and the community. Therefore, the public health, safety and welfare require that as the population of the City increases and changes demographically, more parks and recreational amenities are needed. These amenities provide a more desirable living environment for the residents of new developments, and reduce the demand for comparable amenities developed or acquired at public expense. With respect to such residential subdivision developments property shall be devoted and/or developed for parks, public open spaces, and recreational amenities by, or at the expense of developers. The acquisition and development of such parks, public open spaces, and recreational amenities are necessary to meet the needs of future residents and shall be provided in substantial part by such future residents. Developed open space shall be designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space shall be designed to preserve important site amenities, scenic vistas, and environmentally sensitive areas.
1159.02 PARKS AND RECREATION PLAN.
The City of Louisville's Community Plan provides a direction for the acquisition and development of parks, public open spaces, and recreational amenities. The Planning Commission shall give primary consideration to this document in determining the requirements placed on any proposed subdivision. If any portion of any lot proposed for residential development lies within a general area designated on the officially adopted Community Development Plan as a general local for a neighborhood park, or as a general area for a greenway system or bikeway system, consideration shall be given to implementation of such plans through the requirement of this Chapter.
1159.03 WHEN PARKS, OPEN SPACE AND RECREATIONAL AMENITIES ARE REQUIRED.
The Planning Commission shall require the dedication of land, parks, playgrounds, open space and/or school sites as specified in this Chapter. Where the adopted Community Development Plans shows the planned location of such public sites, the Planning Commission shall require dedication in conformance with such Plans.
1159.04 OPTIONS AND REQUIREMENTS.
The Planning Commission shall require the dedication of land, parks, playgrounds, open space and/or school sites as specified in accordance with this Chapter. Where the adopted Community Development Plans shows the planned location of such public sites, the Planning Commission shall require dedication in conformance with such Plans.
All proposals submitted thirty (30) days or more after the effective date of this Unified Development Ordinance, or after the adoption of the Community Plan, shall be required to either:
(a) Dedicate a portion of the proposed development for recreational purposes;
(b) Pay a fee in lieu of land dedication; or
(c) Dedicate a portion of land and pay a fee in lieu.
The Planning Commission shall determine the appropriate option and seek the consent of the Parks and Recreation Board.
1159.05 DETERMINATION OF REQUIREMENTS.
During the preliminary discussion phase, the developer should gain information concerning requirements of the Planning Commission regarding dedication of land, fee in lieu of payments or a combination of both, the basis of the following minimum regulations:
(a) If the developer proposes to dedicate land for parks, recreation and open spaces, such land proposed to be dedicated shall be indicated on the Preliminary Development Plan.
(b) If the developer proposes to pay a fee in lieu of land dedication, such information shall be submitted to the Planning Commission as part of the Preliminary Development Plan.
(c) The Planning Commission shall review the proposal of the developer concerning either dedication of land, payment of a fee in lieu of land dedication, or both. The criteria used to determine whether the developer shall dedicate land, pay a fee in lieu of land dedication, or both, shall be as follows:
(1) The Planning Commission decision shall attempt to facilitate the objectives outlined in the Community Plan.
(2) The Planning Commission shall also consider the advice of various recommendations from members of the Planning Director, Director of Parks and Recreation and the City Manager.
(3) On the basis of the review of a proposal, the Planning Commission shall determine whether a dedication of land, a payment of a fee in lieu of land dedication, or a combination of both shall be required.
(4) If the developer opts to only partially fulfill the requirements of this Chapter through the dedication of park land, open space, and/or recreational amenities, and the Planning Commission approves such action, the minimum fee requirements applicable to such development shall be reduced by a proportionate percentage amount determined by comparing the actual amount of land dedicated as public land to the total land dedication requirement.
1159.06 DETERMINATION OF REQUIRED LAND DEDICATION OR FEES.
The total population of any development shall be determined by a summation of all population factors for each proposed dwelling unit in the subdivision, development, or lot split. The population factor for each dwelling shall be as follows:
Dwelling Type | Population Factor |
Single-family | 3.6 per unit |
Two Family/ Multifamily | 2.6 per unit |
Total population shall be determined by multiplying the population per unit by the total number of units proposed.
The Planning Commission may permit minor deviations from open space standards when it determines that the objectives underlying these standards can be met without strict adherence to them; and/or because of peculiarities in the tract of land or facilities proposed, it would be unreasonable to require strict adherence to these standards. The Planning Commission may modify the requirements of this Section when the developer can show to the satisfaction of the Planning Commission that the development will house a population per household substantially lower than those established in this Chapter, or that there are special characteristics of the development which justify modification of the requirements can be reasonably expected to continue for the life of the project.
The amount of land to be dedicated by a subdivider, builder or developer shall be determined in accordance with the following formula:
Acres of land for dedication = total population x .01
If the amount of land required for dedication is less than three acres, and that area could not be added to an adjoining, continuous existing park, open space, or recreational area, no such dedication of land shall be deemed acceptable by the Planning Commission. In this situation, the requirements shall be fulfilled only by payment of a fee in lieu of land dedication.
1159.07 PARK CLASSIFICATIONS.
To provide an appropriate mix of recreation facilities that fulfill community needs and are responsive to community conditions, the following park classifications are established for varying scales of dedicated properties.
(a) Pocket Parks - An area between two thousand five hundred (2,500) square feet and one (1) acre in size should be used to address limited, isolated or unique recreations needs, such as a landscaped public use area in a commercial area, a play area adjacent to the downtown shopping district, picnic areas, arbors, and sitting areas. Such parks are typically located less than one-quarter (0.25) mile from a residential setting. Accessibility by way of interconnecting trails, sidewalks, or low-volume residential streets increases use opportunities and is therefore strongly encouraged.
(b) Neighborhood Parks - An area of five (5) to ten (10) acres which serves as the recreational and social focus of a neighborhood, should typically be designed to include play structures and informal, non-programmed playfield or open space. These parks are typically located one-quarter (0.25) to one-half (½) mile from a residential setting uninterrupted by nonresidential roads and other physical barriers. Such parks should be accessible throughout its service area by way of interconnecting trails, sidewalks, or low-volume residential streets and ideally should be connected to other park system components. Such parks should also exhibit some innate aesthetic qualities appropriate for both active and passive recreational uses. "Left-over" parcels of land that are undesirable for development should be avoided as they are generally undesirable for park development as well.
(c) Community Park - An area usually between thirty (30) and ninety (90) acres should be used to meet broader purposes than neighborhood parks focusing on community-based recreation needs and heavily programmed athletic fields and associated facilities, as well as preserving unique landscapes and open spaces. Such parks are typically located one-half (½) mile to three (3) miles from a residential setting or neighborhood.
(d) Park Connector/ Greenway System - Multipurpose trails located within greenways, parks, and natural resource areas that enable focus on the natural environment or enable safe pedestrian, bicycle, or equestrian travel to and from parks and around the community.
1159.08 PARK DESIGN AND FUNCTION.
An area designated as required open space in residential subdivisions and mixed use developments may be:
(a) Incorporated as a part of the park and open space system of the City;
(b) Preserved in its natural state;
(c) Utilized as a buffer area to separate a development from surrounding properties;
(d) Leased and utilized for agricultural use (excluding all livestock, with the exception of use as a grazing pasture for horses or cattle) when authorized in a conservation easement or in an Association's covenants and restrictions;
(e) Utilized in part as wet or dry stormwater management ponds or basins, provided that easements are provided to enable the maintenance of these facilities, and that such features are designed to be a recreational amenity.
(f) Used as an active recreation areas. These active recreation areas shall be located in areas with the least impact on natural amenities and wildlife habitats, of a useable size and shape for the intended purpose.
Park Design and Function Requirements include the following:
(a) Access. Land that is to be designated as required open space shall be designed as connected and/or contiguous open space system and all adjacent residential properties shall have access to this open space for the use and/or enjoyment of residents (or general public) of the proposed development. Public maintenance and emergency access shall be provided by direct frontage of the dedicated land on a public street. Such frontage shall be of sufficient width to allow for maintenance and emergency vehicle access, or an easement of sufficient width to allow such access shall be provided. The Planning Commission shall determine adequacy based on site and project design characteristics. The area shall be at least twenty (20) feet from all first story dwelling unit windows as a part of the park and open space system of the City;
(b) Preservation of Natural Beauty. Natural features of scenic beauty which, if preserved, will add attractiveness and value to the dedicated land shall be preserved in the dedication of open space and parks and recreation areas, and should be given primary focus and consideration in site design. If the Planning Commission determines that a proposed parcel of dedicated land is of unique natural beauty or of environmental or historical value, the requirements regarding shape, topography or grade may be waived. Site characteristics of natural significance which may offer aesthetic or ecological value (for example, a riparian corridor, stands of old trees or wetlands) may substitute for traditional usable open space; the application of this guideline is subject to the judgment of the Planning Commission.
(c) Topography. Steep slopes, streams, lakes, other watercourses, and flood plains may constitute a maximum of thirty (30) percent of the dedicated land, and a minimum of seventy (70) percent of the land required for dedication shall be suitable for dry ground recreational use. Slopes over fifteen percent (15%) may account for only ten percent (10%) of usable open space requirements.
(d) Grade. Seventy (70) percent of the land suitable for dry ground recreational use shall not exceed three (3) percent grade and the remaining dry-ground shall not exceed five (5) percent grade.
(e) Unity. Dedicated land must form a single parcel, unless the Planning Commission determines that, it would be in the best public interest, for the dedication to consist of a few large pieces connected by a trail, path, or walkway. Every attempt should be made to match open spaces and/or recreational land with similar land on adjoining lots or subdivisions, and existing parkland or open space.
(f) Composition: Utility, drainage, or other easements that are typically required as part of a development shall not count toward the provision of open space
(g) Water Body Surfaces. Up to twenty (20) percent of detention or retention ponds may substitute for usable open space, and up to sixty (60) percent of natural ponds may substitute. The Planning Commission has the ability to determine that retention basins may account for more than twenty (20) percent if the basin design potentially offers some recreational utility.
1159.09 OWNERSHIP REQUIREMENTS.
The type of ownership of land dedicated or provided for parkland, open space, or recreational purposes shall be selected by the developer, subject to the approval of the Planning Commission. Type of ownership may include, but is not limited to, the following:
(a) A legally established home-owner's association;
(b) The City of Louisville, subject to acceptance by the City Council;
(c) Public jurisdictions or agencies, subject to their acceptance;
(d) Quasi-public organizations, subject to their acceptance; or
Subject to permanent restrictions as set forth herein, required open space may be owned by an Association, the City, a Land Trust or other conservation organization recognized by the City of Louisville or by a similar entity. Required open space may be held by the individual members of a condominium association as tenants-in-common or may be held in common ownership by a homeowner's association, community association, or other similar legal entity. The City's Law Director shall review and approve all relevant documents pertaining to the ownership of parkland and open space.
1159.10 ETERMINATION OF FEES IN LIEU OF LAND DEDICATION.
If the Planning Commission determines that a developer must pay a fee in lieu of land dedication and there is more than one (1) lot involved, then the amount of such fee shall be determined by the following formula:
Fee in Lieu of Land Dedication = Amount of land which would otherwise be required to be dedicated X Fair market value per acre
For purposes of this Chapter, fair market value shall be determined as of the time of the Final Development Plat using the County Auditor's determination of market value used for real estate taxation purposes. Alternative methods of determination of fair marker value may also be proposed and accepted.
1159.11 ADJUSTMENTS TO STANDARDS PERMITTED BY PLANNING COMMISSION.
The requirements set forth in this Article concerning the amount, size, location, and nature of parks, public open space, and recreational amenities to be provided in connection with subdivisions and developments are established by City Council as standards that presumptively will result in the provision of that amount of recreational amenities an/or open space that is consistent with officially adopted Community Development Plans. Notwithstanding any provision of these regulations to the contrary, the Planning Commission may, in cases of an unusual or exceptional nature, the underlying objectives of this Article may be achieved even though the standards are not adhered to with mathematical precision and may allow for adjustments in the park land dedication and fee-in-lieu regulations and requirements as established herein.