(A) Applicability and Scope
A planned development district (PDD) is a type of conditional zoning. No approval for construction of any on-site or off-site improvements in a PDD shall be granted until a master plan for the planned development is approved in accordance with the procedures and requirements of this section.
(B) Rezoning Procedures Apply
(C) Coordination with Review of Development Plans
An application for PDD master plan approval and any required application for development plan approval (Section 3.9) may be filed simultaneously. The review and processing of these applications shall be coordinated and consolidated as much as possible. The Development Review Committee, the Planning and Zoning Board, and the Town Council, however, shall render separate reports, recommendations, and decisions on each application based on the specific standards applicable to each approval.
(D) Procedure
(1) Pre-Application Conference
Before filing an application for PDD master plan approval, the applicant may request a pre-application conference with the Development Review Committee. See Section 3.1.5. The applicant shall provide the Development Review Committee with the following information at the pre-application conference:
(a) Size and location of the parcel proposed for development as a planned development;
(b) Proposed gross density and/or the amount of non-residential square footage for the proposed planned development and net density of individual parcels within the PDD;
(c) A concept plan showing general land uses proposed for the planned development including location, acreage, park, open space areas and school sites, if applicable;
(d) Number of acres and location of land within the parcel proposed for development as a planned development within a Watershed Protection Overlay district; and
(e) A schematic description of utility and circulation improvements for the planned development.
(2) Application Filing
An application for a PDD rezoning approval shall be filed and processed in accordance with the rezoning procedures set forth in Section 3.4.1. In addition, the application shall be accompanied by a master plan and supporting plans and documents as specified by the Planning Department. The application shall also include an affidavit, and a revised affidavit shall be submitted each time the applicant proposes revisions to the master plan, stating that:
(a) All zoning conditions and provisions are freely offered as proposed zoning laws, based solely on the property owner/applicant's independent judgment; and
(b) The property owner/applicant is not relying upon any statement by the Town staff or any member of the Town Council in connection with the decision to offer any zoning conditions or provisions; and
(c) The property owner/applicant understands that other parties that have standing in the rezoning proceeding are relying on the validity of the zoning conditions and provisions; and
(d) The property owner/applicant intends for all future owners of the property to be bound by the zoning conditions and provisions should the Town Council adopt them as part of the rezoning; and
(e) The property owner/applicant will take all appropriate measures to ensure that future property owners are aware of the zoning conditions and provisions.
(3) Review by Town
The Development Review Committee, the Planning and Zoning Board, and the Town Council shall review the application and the proposed master land use plan for compliance with the requirements of Section 3.4.1 and also this Section 3.4.3.
(4) Review by Other Bodies
The Development Review Committee may transmit the proposed master plan to the Parks, Recreation, and Cultural Resources Advisory Board, and/or any other board or commission, including the Wake County Board of Education, deemed appropriate by the Town Council for review and comment.
(E) Considerations
In addition to the general approval considerations for rezonings set forth in Section 3.4.1(E), and without limiting council’s broad discretion, council may, when reviewing a proposed PDD rezoning request, consider whether the PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards.
(F) Effect of Approval
(1) The approval of a PDD application and a master plan shall not become effective until the applicant has submitted to the Planning Department a copy of the master plan incorporating all changes, if any, that were required as conditions to Town Council approval, and such additional information as the Town Council may have required as a condition of PDD or master plan approval.
(2) Upon receipt of all required submittals, the Planning Director shall mark and sign the master plan as approved, and return a marked and signed copy of the master plan to the applicant. A copy marked "ORIGINAL" shall be retained for the records of the Planning Department.
(3) Actual development of the property comprising the approved PDD shall be subject to all applicable state requirements, development plan approvals, and other permits and approvals otherwise required by this Ordinance. Such development shall comply with all requirements of this Ordinance unless the approved PDD documents specifically state otherwise.
(G) Submission of Conditions
Conditions proposed by the applicant in the master plan are limited to those that address conformance of the development and use of the site to Town ordinances or officially adopted plans, or those that address the impacts reasonably expected to be generated by the development and use of the site. The applicant may propose conditions regarding building design elements as defined in G.S. 160D-702 and other development considerations. After the town has published the initial notice of public hearing for the application, the applicant shall make no changes to the conditions that are less restrictive than those stated in the application, including, but not limited to, smaller setbacks; more dwelling or rooming units; greater height; more access points; new uses; and fewer improvements. However, more restrictive conditions or additional conditions may be added to the application if such conditions are received by the Planning Department in writing and signed by all owners of the property at least fifteen (15) business days before the date scheduled for consideration by the Town Council or the Planning and Zoning Board.
(H) Changes to Conditions of Approved Planned Development District
(1) Written Conditions
Any change to written conditions in the master plan shall be considered a change to the planned development district, and shall be processed as a new application in accordance with the procedures set forth in this Section 3.4.3.
(2) Master Plan
Staff may only approve changes to approved master plans if such changes fall within the criteria allowed for administrative approval under Section 3.19, Minor Modifications. Proposed changes that do not fall within the criteria allowed for approval in Section 3.19 shall proceed in the same manner as the original rezoning.
(3) Eligibility for Zoning Amendments
If multiple parcels of land are subject to a planned development district, the owners of individual parcels may apply for modification of the conditions applicable to their property so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved shall only be applicable to those properties whose owners petition for the modification.