(A) Purpose and Intent
It is the purpose and intent of this overlay district to enable the development of land in areas intended to have a compatible mixture of commercial, office, residential, recreational, civic and/or cultural uses which are highly integrated and function in a cohesive manner. Each Mixed Use Overlay District is intended to function at a neighborhood, community or regional scale identified on the Town of Cary Official Zoning Overlay Map. Benefits of this approach to development will help concentrate land uses, reduce sprawl, promote a more efficient pattern of land uses, provide needed goods and services, reduce automobile trips, and facilitate convenient and safe circulation.
(B) Applicability
The Mixed Use Overlay District shall apply to areas designated as such on the Town Of Cary Official Zoning Map.
(C) [Reserved]
(D) Uses Allowed
The uses allowed in the Mixed Use Overlay District are set forth in the Table of Permitted Uses in Chapter 5. The applicable designation of Neighborhood, Community or Regional will be as identified on the Town Of Cary Official Zoning Overlay Map.
(E) Authority Under Overlay District
(1) General Authority
Property in a Mixed Use Overlay District may be developed in accordance with requirements for one (1) of the following, as applicable, and as described below in this Section 4.4.2(E):
(a) an existing general use zoning district, conditional use zoning district, or planned development district established prior to August 13, 2009 (hereinafter collectively, "base zoning");
(b) an Activity Center Concept Plan ("ACCP") approved between July 1, 2003 and April 27, 2006;
(c) a Mixed Use Sketch Plan ("MUSP") approved between April 27, 2006 and August 13, 2009;
(d) modification of a planned development district that was initially created prior to August 13, 2009;
(e) a conditional use zoning district approved after January 24, 2017, which either modified previously-approved zoning conditions or added initial zoning conditions to the previously-approved base zoning district;
(f) a MXD District approved after August 13, 2009; or
(g) where the property is not in the Destination Center, Commercial Center Mixed Use, or Mixed Use Employment Center future growth framework development category as designated in the Shape chapter of the Cary Community Plan, a general use or conditional use zoning district approved after January 24, 2017.
(2) Utilization of Existing Base Zoning, Excluding Planned Development Districts
Development plans that are submitted utilizing the base zoning shall be evaluated against the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.
Further, if an ACCP or MUSP has been approved for all or a portion of property proposed for development or redevelopment, and if the ACCP or MUSP includes specific site design guidelines, then the design guidelines shall apply to the property, or portions thereof, covered by the ACCP or MUSP. The aspects of ACCP/MUSP design guidelines that are applicable to development under the base zoning include, but are not limited to, more restrictive guidelines related to building placement and orientation, roadway and sidewalk sections, streetscape treatments, landscaping treatments, individual building or tenant space sizes, open space and public space, parking lot design and placement, block length, connectivity, stormwater controls, block frontage coverage, public art, signage and site entryway features.
Dimensional standards prescribed by ACCP/MUSP site design guidelines are also applicable to development under the base zoning, except for single-unit residential development having lots of twenty thousand (20,000) square feet or more. A development or redevelopment proposal submitted under the base district zoning should facilitate the ultimate attainment of the circulation network outlined in the ACCP/MUSP.
(3) Utilization of Approved Activity Center Concept Plans or Mixed Use Sketch Plans
Property for which an ACCP or MUSP was approved prior to August 13, 2009 may be developed in accordance with that ACCP/MUSP.
(4) Modification of Planned Development Districts
Requests to modify or expand existing planned development districts shall be evaluated against the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.
Staff may approve changes to PDD Master Plans if such changes fall within the criteria allowed for administrative approval under Section 3.19, Minor Modifications. Applications for such changes shall be considered using the process set forth in Section 3.19. Proposed changes that do not fall within the criteria allowed for administrative approval in Section 3.19 may occur only through rezoning to amend the Planned Development District, following approval procedures set forth in Section 3.4.5.
(5) Utilization of a Mixed Use District Approved After August 13, 2009
Requests to rezone property to the Mixed Use District shall be evaluated against Section 4.5.2 and other applicable Sections of this Ordinance, the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.
(6) Utilization of a General Use or Conditional Use Zoning District Approved After January 24, 2017
Requests to rezone property to a General Use or Conditional Use Zoning District shall be evaluated against Section 3.4.1(E) and other applicable Sections of this Ordinance, the Comprehensive Plan, design guidelines, and related requirements to determine whether the proposed development is in keeping with the overall intent of the MUOD.
(F) Development Standards
Notwithstanding an approved ACCP/MUSP or existing planned development master plan, any development and/or redevelopment proposed for parcels located within a Mixed Use Overlay District shall meet the following development standards:
(1) Any conditions related to allowable land uses and/or landscaping buffer provisions applied through a conditional use rezoning shall continue to apply unless the property is subsequently rezoned to the MXD district and said conditions are not included as development requirements of the MXD district; and
(2) The road network shall be designed to ensure that adjacent residential areas will have direct access to the non-residential portions of the Mixed Use Overlay District in lieu of entering and exiting through thoroughfares and/or collector streets; and
(3) The development/redevelopment shall provide or contribute to a pedestrian and road network that connects non-residential and existing residential uses (including multi-family and single-unit) developments in accordance with town-wide design guidelines.
Exceptions may be considered to items 2 and 3 above where adjacent established single-unit residential developments (not part of an approved mixed use sketch plan or an existing master plan) are proposed to connect through a roadway to a Regional Mixed Use Overlay District. This exemption shall not apply when public uses (including but not limited to schools, libraries, and parks) are proposed within a Regional Mixed Use Overlay District.
(G) Dimensional Requirements
The general dimensional standards shall be as specified for the applicable base zoning district, ACCP, MUSP, Planned Development District Master Plan, preliminary development plan for property zoned MXD, or applicable general use or conditional use zoning district approved after January 24, 2017.
(H) Changes to the Preliminary Development Plan Component of an Approved MXD District (Including Activity Center Concept Plans and Mixed Use Sketch Plans) or to an Approved PDD Master Plan
Any change in the general location and character of the features depicted on approved preliminary development plans, ACCPs, MUSPs or PDD Master Plans, except where such change is determined by the Planning Director to be a minor modification as outlined in Section 3.19.2(B), shall be considered a material change to the approved preliminary development plan, ACCP, MUSP or PDD Master Plan, and shall be processed as a new application in accordance with the applicable procedures set forth in Sections 3.4.3 and 3.4.5. The Planning Director shall determine whether any such change is a material change.