This Mixed Use District (MXD) was established on August 13, 2009 and may only be used in areas already zoned Mixed Use Overlay District (MUOD). In support of the MUOD provisions, the Mixed Use District (MXD) is a type of flexible zoning district that allows property owners to rezone land subject to specific requirements set forth in a preliminary development plan.
(A) Intent
Every rezoning to a MXD district must be accompanied by a preliminary development plan (PDP) that illustrates how the proposed district is consistent with and furthers policies identified in the Comprehensive Plan, applicable requirements of the Land Development Ordinance, and other applicable plans, ordinances and manuals identified in Section 1.4. Depending upon the location and the existing nature of development, it is not the intent of a MXD district to require each separate building or every individual development site to include a complete, integrated mix of land uses but rather for the Mixed Use Overlay District as a whole to contain a mix of uses designed to meet the Town's overall planning objectives.
(B) Approval Procedure
Approval of a MXD district shall require a rezoning pursuant to the procedure set forth in Section 3.4.5 which shall include submission, review, and approval of a preliminary development plan (PDP) or development plan.
(C) Geographic Coverage
Unless there is no adjacent or closely located property under the same or closely related ownership that qualifies for MXD zoning a single, small parcel or portion of a parcel should not be rezoned to a MXD district when a larger geographic area of developable or redevelopable land could be included. In keeping with the Town's longstanding preference for comprehensively planned areas, the intent of this district is to encompass as much land area as practicable to successfully implement the Comprehensive Plan. However, depending upon the location, size and scale of the Mixed Use Overlay District, nature of the property proposed to be rezoned, the existing zoning in the vicinity, whether or not the adjoining land is developed or vacant, and ownership patterns, the amount of land included in any MXD rezoning case may vary and cannot be predicted in advance. Following a required presubmittal meeting, the Development Review Committee staff will recommend the extent of property(ies) that should be included in any Mixed Use District rezoning application.
(D) General Use and Development Standards
(1) Uses Allowed
The extent of appropriate uses and development intensity within Mixed Use Overlay Districts increases from neighborhood to community to regional in scale. Table 5.1-1 found in Chapter 5 of this Ordinance identifies allowed uses within each category.
(2) Applicable Standards
There shall be no minimum dimensional standards for developments in a MXD district. Dimensional standards shall be stated on the approved preliminary development plan. The applicant shall demonstrate that the requirements of the proposed MXD district satisfy applicable approval criteria.
(a) Development in a MXD district shall be subject to all applicable overlay district regulations in Chapter 4, all applicable use regulations set forth in Chapter 5, and all applicable general regulations set forth in Chapters 6, 7, and 8, unless otherwise waived or modified by the approved preliminary development plan. The application shall include development conditions assuring that the proposed preliminary development will meet or exceed the standard requirements of the aforementioned chapters. The preliminary development plan may modify procedural requirements of this Ordinance. Where the preliminary development plan is silent as to a term or requirements, the requirements/standards of this Ordinance and the approved policies and procedures of the Town shall control.
(b) Notwithstanding paragraph (a) above, in no case shall the Town Council approve an MXD zoning district and associated preliminary development plan that waives or modifies environmental or infrastructure adequacy standards for a proposed MXD zoning district including but not limited to:
1. Zones 1, 2, and 3 of urban transition buffers;
2. [Reserved];
3. Stormwater control requirements, and
4. Nitrogen reduction requirements.
(E) Considerations for Mixed Use District Rezonings
In addition to the considerations for a general rezoning contained in Section 3.4.1(E), and without limiting council’s broad discretion, council may, when reviewing a proposed rezoning request to a MXD district, consider whether
(1) The preliminary development plan includes an appropriate intensity, type, and mix of land uses, as outlined by the guidelines contained in the Comprehensive Plan. This may be assessed in relation to the scale of the Mixed Use Overlay District and the mix and relationship of existing and planned uses, including residential, commercial, office, and institutional uses;
(2) The preliminary development plan shows how the proposed development will meet or exceed the Site Design Standards and other established Town standards, including connections and linkages to immediately adjacent properties;
(3) The preliminary development plan provides the expected land uses, including medium- and higher-density housing, outlined by the numerical and other guidelines contained in the Comprehensive Plan;
(4) The preliminary development plan includes some formal outdoor space(s) for public use, such as a park, village green, or plaza; and
(5) The preliminary development plan demonstrates that the proposed development is appropriate for the context and location, responds to the unique conditions of the area, and provides reasonable transitions within and adjacent to the district.
(F) Changes to the Preliminary Development Plan Component of an Approved MXD District
Changes to preliminary development plans associated with previously-approved MXD zoning districts shall only be allowed in accordance with the provisions in Section 4.4.2(H) or as otherwise stated in this Ordinance.
This section sets forth regulations for the two (2) types of planned development district (PDD) zoning districts. All PDD zoning districts shall be established either as initial zoning at the time of annexation, or through a rezoning pursuant to the procedures and criteria for rezoning to PDD set forth in Section 3.4.3. PDDs are base zoning districts under this Ordinance (rather than overlay districts, which they were under the previous Unified Development Ordinance).
(A) General Intent/Purposes of the PDD Districts
The PDD zoning districts allow projects of innovative design and layout that would not otherwise be permitted under this Ordinance because of the strict application of zoning district or general development standards. The PDD districts encourage innovative land planning and design concepts by:
(1) Reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards that were designed primarily for individual lots;
(2) Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities;
(3) Allowing greater freedom in providing a mix of land uses in the same development, including a mix of housing types, housing prices, lot sizes, densities, and non-residential uses in a planned development;
(4) Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land uses; and
(5) Encouraging quality urban design and environmentally sensitive development by allowing increases in base densities when such increases can be justified by superior design or the provision of additional amenities such as public and/or private open space.
In return for greater flexibility in site design requirements, planned developments are expected to deliver exceptional quality community designs that preserve critical environmental resources, provide above-average open space amenities, incorporate creative design in the layout of buildings, open space and circulation; assure compatibility with surrounding land uses and neighborhood character; and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure. The PDD districts shall not be used as a means of circumventing the Town's adopted land development regulations for routine developments.
(B) Types of PDD Districts
(1) Major PDD District
Lands rezoned to the Major PDD district shall be twenty-five (25) acres or more in size.
(2) Minor PDD District
Lands rezoned to the Minor PDD district shall be at least ten (10) and less than twenty-five (25) acres in size.
(C) Designation Procedure
Designation of either a Major or Minor PDD shall require a rezoning pursuant to the procedure set forth in Section 3.4.3, which shall include submission, review, and approval of a planned development master plan. Simultaneous submission of a development plan is optional for a Major or Minor PDD application.
(D) General Use and Development Standards for All PDD Districts
(1) Uses Allowed
A planned development may contain any or all of the uses specified in the approved PDD master plan, provided such uses are consistent with the Comprehensive Plan. A wide range of uses is possible in a PDD district, and the specific uses allowed may be different in each PDD district, so the use tables in Chapter 5 (Table 5.1-1) do not include the PDD districts. All uses that are set out in an approved master plan shall be treated as permitted uses within the planned development, except that uses which are prohibited in this Ordinance shall not be permitted within a PDD. Any use not set out in an approved master plan is a prohibited use. The PDD master plan and/or document shall specify the particular use(s) permitted and their locations within the areas of the PDD. Specific use designations in the PDD shall use the same corresponding terms listed in Chapter 5 of this Ordinance.
(2) Mixed Uses Encouraged
(a) Mixed use developments are strongly encouraged in the PDD zoning districts, including the mixing of principal residential uses with principal non-residential uses. Mixed use development may occur by having two (2) or more principal uses located in the same building (e.g., retail on ground floor, office space above) or by having two (2) or more principal uses located in different buildings sited on the same lot or parcel (e.g., freestanding child day care center located on the same parcel as an office building).
(b) Planned developments containing both residential and non- residential uses shall be designed, located, and oriented on the site so that non-residential uses are directly accessible to residents of the development. For the purposes of this section, "directly accessible" shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the planned development or using a major thoroughfare. "Directly accessible" does not necessarily mean that non-residential uses need to be located in a particular location, but that the siting of such uses considers the accessibility of the residential component of the development to the non-residential use.
(3) Applicable Standards
(a) Dimensional standards for development within a PDD zoning shall be stated on the approved master land use plan and/or in the associated document(s). Development in a PDD district shall be subject to all applicable overlay district regulations in Chapter 4, all applicable use regulations set forth in Chapter 5, and all applicable general regulations set forth in Chapters 6, 7, and 8, unless otherwise waived or modified by the Town in the terms of the approved master land use plan. In case of any conflict between a specific regulation set forth in this Section 4.5.3 and any regulation set forth in Chapters 4, 5, and 7, the regulation in this section shall apply unless otherwise expressly allowed.
(b) Notwithstanding paragraph (a) above, in no case shall the decision-making body waive or modify the following standards for a proposed PDD zoning district:
1. Zones 1, 2, and 3 of stream buffers;
2. Design guidelines;
3. [Reserved]
4. Ownership requirements for any open space, buffers, or streetscapes unless otherwise permitted within this Ordinance;
5. Preservation of existing vegetation in streetscapes, floodplains, and/or buffers;
6. Street connectivity requirements;
7. Sidewalk and greenway requirements;
8. Mixed Use Center requirements (if applicable);
9. Stormwater control requirements;
10. Nitrogen reduction requirements; and
11. Setback reduction below the minimum required by section (c) below.
(c) There shall be no minimum dimensional standards for planned developments, provided that dimensional standards are stated in the master land use plan and/or the associated development plan, with the following exception:
1. A building setback of less than three (3) feet is permitted only where firewalls are provided in accordance with all applicable building code requirements.
Where the master land use plan and other documents approved as part of the PDD zoning are silent as to a term or requirements, the requirements/standards of this Ordinance and the approved policies and procedures of the Town that are applicable to that aspect of development shall control.
(4) Transportation and Circulation System
The planned development's master plan shall demonstrate a safe and adequate on-site transportation system that addresses vehicular, bicycle, transit and pedestrian circulation. The on-site transportation system shall be integrated with the off-site transportation circulation system of the Town.
(5) Off-Street Parking and Loading
The planned development's master plan shall comply with the off-street parking and loading requirements of Section 7.8, except that variations from these standards may be permitted if a comprehensive parking and loading plan for the development is submitted as part of the master plan that is suitable for the development and consistent with the intent and purpose of the off-street parking and loading standards of this Ordinance.
(6) Landscaping
(a) Compliance with General Landscaping Requirements
Landscaping shall comply with the standards of Section 7.2, except that variations from these standards may be permitted where it is demonstrated that the proposed landscaping sufficiently buffers uses from each other, ensures compatibility with land uses on surrounding properties, creates attractive streetscapes and parking areas, and is consistent with the urban design objectives and/or character of the area.
(b) Stream Buffers Not Variable
Variations from the minimum state-mandated stream buffers including any Neuse River Riparian Buffer shall not be allowed without requisite approvals from the appropriate state agency.
(7) Recreational and Open Space Requirements
(a) Dedication of Recreation Land
Each residential planned development (or residential portion of a mixed use planned development) shall dedicate recreational open space consistent with the requirements in Chapter 8.
(b) Common Open Space
Each residential planned development (or residential portion of a mixed use planned development) shall provide common open space as a percentage of the entire parcel according to the following table:
TABLE 4.2-4: COMMON OPEN SPACE PROVISION IN PLANNED DEVELOPMENTS | ||
Number of Acres in Development | Percent of Parcel to be Used as Open Space | Average Gross Density |
TABLE 4.2-4: COMMON OPEN SPACE PROVISION IN PLANNED DEVELOPMENTS | ||
Number of Acres in Development | Percent of Parcel to be Used as Open Space | Average Gross Density |
10 to 49 | 5.0 | 0 to 4 units per acre |
10 to 49 | 5.0 | 4.1 to 8 units per acre |
51 to 75 | 7.5 | 0 to 4 units per acre |
51 to 75 | 7.5 | 4.1 to 8 units per acre |
76 and above | 10.0 | 0 to 4 units per acre |
76 to 100 | 10.0 | 4.1 to 8 units per acre |
101 to 200 | 12.5 | 4.1 to 8 units per acre |
201 and above | 15.0 | 4.1 to 8 units per acre |
(c) Open Space Utilization
Each residential planned development (or residential portion of a mixed use planned development) shall provide adequate private, common open space facilities including both active and passive recreational uses.
(d) Timing of Completion of Open Space Requirements
All open space and recreational amenities shall be completed and conveyed before certificates of occupancy may be issued for more than fifty (50) percent of the dwelling units in the planned development or, if the approved master plan divides the development into phases, in that phase of the development of which the amenity is a part.
(e) Contingency Plan for Reserve Land
Planned developments with seven hundred (700) or more residential units which are required to set aside reserve land for potential purchase by the Town for use as recreation land shall be required to include alternative contingency plans for the reserve land in the event it is not acquired by the Town.
(Ord. No. 2009-LDO-06, 8-13-09; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2017-ACT-02, 12-14-17; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2020-LDO-01, 5-7-20; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2023-LDO-03, 6-22-23)