Chapter 17.46 — OPEN SPACE/CLUSTER REQUIREMENTS

This Chapter provides requirements for the preservation and maintenance of permanent open space in conjunction with the development of private property, to preserve and to protect the following areas:

• A. 100 year floodplains (as provided in Chapter 17.34 , Floodplain Management);

• B. Environmentally sensitive areas;

• C. Lakes and ponds; and

• D. Slopes in excess of 30 percent.

This Chapter shall apply to all new development projects, including, but not limited to, residential subdivisions. A single-family dwelling, secondary residential unit, duplex, and residential accessory structures constructed on an existing lot are exempt from the provisions of this Chapter.

• A. Objectives for clustering. Cluster development is encouraged as a means of protecting and preserving environmentally sensitive areas, the natural appearance of hillsides, and other important views and visual resources; maintaining the open space(s) that contributes significantly to the character of the City; providing for the integrity and continuity of wildlife and wetland habitat; and protecting and conserving forest and rangeland for their resource (trees and grasses), recreational, aesthetic, historic, and biological values.

• B. Environmentally sensitive areas defned. Environmentally sensitive areas shall include deer migration/wildlife movement corridors, habitat for State and Federally listed plant and animal species including special status and candidate species, high fire hazard areas, scenic vistas, riparian habitat and corridors, and wetlands per Section 17.46.040 (Wetlands).

• C. Related provisions. The provisions of the following Chapters shall also apply to the design of clustered developments:

  1. Chapter 17.36 , Hillside Development Standards; and

  2. Chapter 17.38 , Stream Corridor Development.

Wetlands are areas where the water table is at, near, or above the surface of the land long enough to promote the formation of hydric soils (as defined by the U.S. Department of Agriculture Soil Conservation Service) or to support the growth of hydrophytes.

• A. Presumption of signifcance. All wetlands shall be presumed to be environmentally sensitive areas unless the City finds, on the basis of evidence in the environmental documents prepared for the development of the property in which the wetlands are situated, that the subject wetlands are not environmentally significant. These findings shall be based on an analysis performed by a State agency, serving as the responsible or trustee agency for the City.

• B. Preservation requirements. In preserving these environmentally sensitive areas, emphasis shall be placed on maintaining the natural characteristics of the property while ensuring that any proposed development is harmonious with the terrain and provides significant buffers for adjacent land. Areas designated as environmentally sensitive shall remain in their natural and undisturbed state and shall be maintained in a manner which minimizes the danger of fire hazards.

• C. Disturbance and restoration of wetlands. Development projects resulting in the disturbance of wetlands shall require the approval of a Minor Use Permit in compliance with Chapter 17.76 (Use Permits and Minor Use Permits). The review authority may approve a minor use permit for disturbance of wetlands only if all of the following findings can be made:

  1. The wetlands cannot be avoided and there are no feasible alternatives or mitigation to disturbance of the wetlands;

  2. Any wetlands removed or destroyed as part of the project are mitigated by the restoration or creation of wetland habitat at a rate of 1.5 to 1 (1.5 units of restored habitat for each unit of habitat removed or destroyed); and

  3. The disturbance and/or removal of the wetlands complies with all applicable Federal and State regulations.

A. Minimum open space requirements.

1. All subdivisions within the RS, RL, and RSF zoning districts shall provide permanent open space. The minimum amount of open space required within the property shall be either:

   • a. The sum of all areas listed in Section 17.46.010 (Purpose of Chapter) and all those OS zoned portions of the property; or

   • b. As shown in Table 3-7 below, whichever is greater.

2. The minimum amount of open space required within the property for the multifamily residential, commercial, and manufacturing/industrial zoning districts shall be either:

   • a. The sum of all areas listed in Section 17.46.010 (Purpose of Chapter) and all those OS zoned portions of the property; or

   • b. As identified in the applicable open space standards in Article II (Zoning District and Allowable Land Uses), whichever is greater.

3. The minimum amount of open space required within the property for the Recreation zoning district shall be either:

   • a. The sum of all areas listed in Section 17.46.010 (Purpose of Chapter) and all those OS zoned portions of the property; or

   • b. 10 percent of the gross site area, whichever is greater.

• B. Use of Table 3-7.

  1. The following minimum open space requirements shall only apply to single-family residential subdivisions.

  2. The minimum open space shall be based on the density of the zoning district as identified in Table 3-7.

  3. Portions of the property zoned OS, or areas listed in subsection A of this Section shall be credited toward this calculated minimum open space requirement.

• C. Disturbance and restoration of sensitive habitat. Development projects resulting in the disturbance of riparian habitat and habitat for State and Federally listed animal and plant species shall require the approval of a Minor Use Permit in compliance with Chapter 17.76 (Use Permits and Minor Use Permits). The review authority may approve a minor use permit for disturbance of these habitats only if all of the following findings can be made:

  1. The habitat cannot be avoided and there are no feasible alternatives or mitigation to disturbance of the habitat;

  2. Any habitat removed or destroyed as part of the project are mitigated by the restoration or creation of habitat at a rate of 1.5 to 1 (1.5 units of restored habitat for each unit of habitat removed or destroyed); and

  3. The disturbance and/or removal of the habitat complies with all applicable Federal and State regulations.

• D. Open space incentives. The minimum open space area requirements established by this Section may be reduced by the review authority, subject to the following standards.

  1. The review authority shall find that the open space reduction is proportional to the benefit provided by the project.

2. Open space may be reduced by 5 percent of the project site up to a maximum of 10 percent, based on each/any of the following project features:

   • a. Lands are dedicated for public open space, public access, and/or public recreation beyond that necessary for the project;

   • b. The project will provide enhanced public facilities which are needed by the City beyond those required for the project as mitigation measures (for example, transit facilities).

• E. Reduction of planning fees. The review body may reduce planning fees for a land use permit application by up to 75 percent if the project provides permanent open space that is equivalent to 10 percent or more of the project site above and beyond the minimum open space requirements. For example, a project in the RSF zoning district would qualify for a planning fee reduction if 60 percent of the site was provided as permanent open space (50 percent minimum open space requirements plus 10 percent of the site).

• A. Natural tree or shrub removal. Upon the development of any property which includes environmentally sensitive areas identified in Section 17.46.030(B) (Environmentally Sensitive Areas Defined), if the natural tree or shrub coverage has been removed from the environmentally sensitive area, the area shall be revegetated with indigenous plant material subject to the approval of the City Planner.

• B. Disruption of land. Grading and removal of native vegetation is prohibited except for access roads, driveways, parking areas, and within an area immediately adjoining the structure(s) which is the smallest area practicable to accommodate:

  1. Proper separation from cut and fill slopes;

  2. Usable yard areas; and

  3. Fuel reduction areas in compliance with Fire Protection District standards.

• C. Acceptable nonstructural uses. Acceptable uses in open space areas are those that do not involve structures or large paved areas. Examples that may be acceptable uses include primitive campgrounds (i.e., no facilities), picnic areas, hiking and equestrian trails, and equestrian corrals, other non-enclosed structures, and buffer areas. Fairways and greens for golf courses are not acceptable as open space areas. Examples of uses that are not acceptable include recreational vehicle campgrounds, tennis courts or similar paved areas, and equestrian centers with barns and other enclosed facilities.

• D. Continuity required. Open space shall provide continuity and links with the open space area(s) of other adjoining clustered residential developments and with public open space(s), whenever feasible.

E. Permanent open space.

1. The portions of the parent parcel not developed with clustered residential uses, including all slopes of 30 percent or greater, shall be preserved as permanent open space.

2. Preservation and management options for open space, in order of preference, include the following:

   • a. Dedication of the land to the City of Jackson.

   • b. Common area parcel(s) with dedication of a conservation easement in perpetuity to the City of Jackson.

   • c. Use of building envelopes in conjunction with conservation easements, deed restrictions, and/or dedication to a homeowner's association.

   • d. Open space zoning.

3. Incentives for projects that dedicate open space and trails to public agencies may include planning fee waivers, reductions in open space requirements, and/or increases in density.