Secondary and Cumulative Impacts Master Management Plan - 2014

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area 5.5.1. Common Open Space

B. Applicability 310

COMMENTARY As recommended in the Assessment Report (p. 25), this new section supplements the Subdivision Ordinance‘s recreation area dedication requirements for residential subdivisions with requirements that all new other development (nonresidential as well as residential development other than subdivisions) set aside a portion of the development site as private common open space. Such open space may serve a number of purposes, from preservation of natural resources to providing recreation opportunities to creating various amenities for development occupants and users. The section includes new standards requiring provision of common open space in most developments other than residential subdivisions. They are followed by more narrowly applied standards for dedication of recreation area in residential subdivisions. These carry forward regulations in Article VII of the current Subdivision Ordinance. The section concludes with common standards that authorize alternative compliance through off-site provision or a payment in lieu of on-site provision, and set out provisions for the ownership, management, and maintenance of required common open space and recreation area.

1. General The standards in this section shall apply to all new development subject to Planned Development Rezoning (Section 2.5.3), Conceptual Master Plan Approval (Section 2.5.4), Special Use Permit (Section 2.5.5), Major Subdivision Preliminary Plat Approval (Section 2.5.6.B), Minor Subdivision Plat Approval (Section 2.5.6.D), Major Site Plan Approval (Section 2.5.7.B), or Minor Site Plan Approval (Section 2.5.7.C) unless such new development is expressly exempted in accordance with subsection 2 below. 2. Exemptions The following development is exempt from the standards of this section: a. Development directly associated with a permitted agricultural use; b. Residential subdivisions (which are subject to public recreation area standards in Section 5.5.2, Public Recreation Area); and c. Development of a single-family detached, duplex, or manufactured home dwelling on an existing lot.

C. Required Open Space Area

Required Total Common Open Space Area 311 A development shall provide the minimum area of common open space identified in Table 5.5.1.C.1, Required Total Common Open Space Area, based on the development‘s base zoning district and use classification.

1.

Table 5.5.1.C.1: Required Total Common Open Space Area

Minimum Total Common Open Space Area (as percentage of development site area) Transit-Oriented Development (TOD) and Town Center Districts All Other Districts

Use Classification

Residential Uses

10%

20% 15% 10% 10%

Mixed-Uses

5% 5% 5% 5%

Institutional Uses Commercial Uses Industrial Uses

5%

310 This includes most new development, including all nonresidential subdivisions, but excludes residential subdivisions and individual lots developed for single-family detached, duplex, and manufactured home dwellings (which are exempt from Site Plan Approval) and agricultural uses. 311 NOTE: As recommended by the Assessment Report, this requires a minimum amount of common open space in terms of a percentage of development site area, which varies with the development use classification. It sets lower standards for the TOD District and Town Center districts to recognize the higher intensities and greater design flexibility needs of development in those districts. The percentages shown are relatively modest, and could be increased.

Morrisville, NC

June 2013 Page 5-13

Unified Development Ordinance - Public Hearing Draft