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Article 5: Development Standards

Section 5.5. Common Open Space and Public Recreation Area

5.5.1. Common Open Space

Morrisville, NC

June 2013

Unified Development Ordinance - Public Hearing Draft

Page 5-13

B.

Applicability

310

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

1.

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.

Table

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

Use Classification

Minimum Total Common Open Space Area

(as percentage of development site area)

Transit-Oriented

Development (TOD) and

Town Center Districts

All Other Districts

Residential Uses

10%

20%

Mixed-Uses

5%

15%

Institutional Uses

5%

10%

Commercial Uses

5%

10%

Industrial Uses

5%

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.

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.