§ 16-18L.008. Open space requirements.

1.

Required open space.

a.

The minimum required open space shall be as set forth in Table 4 SPI-12 Buckhead/Lenox Stations Open Space Table.

b.

The required open space delineated in Table 4 shall be calculated as a percentage of either the gross floor area or the net lot area, whichever is less. For mixed-uses, required open space shall be the sum of each calculation percentage as applied to each use.

c.

The required open space delineated in Table 4 shall be satisfied only through the use of the following elements: yards, amenity zones, walk zones, supplemental zones, outdoor dining, plazas, parks, landscaped areas, rooftops, public art and pet areas, and shall not include any heated interior spaces and private drives or streets designed for predominate vehicular use.

d.

The owner shall provide maintenance all open space improvements including replacement of any dead plantings.

2.

Minimum open space standards. The following minimum standards shall apply to each element listed to the extent that element is used to meet required open space.

a.

Sustainability. A minimum of 60 percent of landscaped areas shall be in bio-diverse planting of native and adapted plants other than turf grass.

b.

Above ground stormwater ponds. Stormwater ponds functioning as management facilities designed to control stormwater runoff from multiple buildings or properties according to current City of Atlanta Stormwater Design Manual requirements may be permitted to be counted towards required open space provided that the portion of such facilities being used for open space:

i.

Shall be permitted to utilize the stormwater pond portion of the facility, and all other related systems and infrastructure related to the stormwater pond, for the purposes of meeting required open space;

ii.

Shall contain pedestrian amenities that meet the minimum standards of this section as approved by the director; and

iii.

Shall be integrated with adjacent pedestrian amenities when located adjacent to such amenities.

c.

Pedestrian ways. Pedestrian ways may be credited towards required open space only when in conformance with section 16-18L.015(2).

d.

Public art. No more than 1,500 square feet of the required open space area may be utilized for public art display areas.

e.

Outdoor dining. No more than 30 percent of the required open space area may be utilized for outdoor dining areas.

3.

Transfer of open space. Required open space may be transferred to an offsite parcel when meeting the following requirements:

a.

In no case may the transfer of open space result in development that does not comply with the remaining regulations of this district;

b.

The parcel receiving the open space ("receiving parcel") shall contain the amount of open space otherwise required for development of said receiving parcel in addition to the transferred amount of open space;

c.

Transferred open space shall be located only on sites located within SPI-12;

d.

Open space transferred to a receiving parcel shall meet the following requirements:

i.

Be accessible to the public from dawn to dusk;

ii.

Be located, visible from and accessible (having no walls, fences, or other obstructions) along a minimum of 60 percent of any adjacent sidewalk;

iii.

Permit and encourage pedestrian access on a minimum of 60 percent of the surface of the open space including landscaped areas, fountains, pedestrian furniture, public art, and similar elements which are specifically listed in the application;

iv.

Include documentation of the total amount of open space relocated and the location of the receiving parcel on the approved SAP; and

v.

Once transferred to a receiving parcel, the square footage of such transferred open space shall not be used or credited toward future open space transfers.

e.

Sites that have transferred required open space to an off-site receiving parcel shall be deemed conforming as to said open space for purposes of Chapter 24 (Nonconformities) provided the transferred open space is properly maintained as open space in accordance with the approved SAP.

f.

Transfers of open space proposals shall provide documentation confirming the receiving parcel's property owner consents to the open space arrangement.

4.

Pet-walk areas. For residential uses with more than 40,000 square feet of floor area, a minimum of 500 square feet of designated pet-walking areas shall be provided unless pets are prohibited from such development as confirmed by written documentation. Off-site locations may be utilized in lieu of meeting this requirement on-site, however, such off-site locations shall be within 1,000 feet from any building's pedestrian entrance as measured along areas permitted for pedestrian access.

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TABLE 4: SPI-12 BUCKHEAD/LENOX STATIONS OPEN SPACE TABLE	SUBAREA 1	SUBAREA 2	SUBAREA 3
Residential and dwellings uses	20%	25%	65%
Non-residential uses (commercial and retail uses)	15%	Not Applicable	Not Applicable
Non-residential uses (all other uses)	10%	Not Applicable	Not Applicable

 

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12)

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