(A) Applicability.
(1) Planned development review shall occur in accordance with the provisions of this section.
(2) The Town Board of Commissioners shall consider planned development rezonings, as may be required from time to time.
(3) All requirements shall be met within the boundaries of the area being rezoned. If all of the requirements cannot be met on the site being rezoned, prior to advertisement of the public hearing, the rezoning shall be expanded to include all property necessary to meet zoning requirements.
(B) Initiation of amendment. An owner of land within the jurisdiction of the town (or a duly authorized agent or representative) may petition the Town Board of Commissioners for planned development rezoning.
(C) Pre-application conference. All applicants petitioning for planned development rezoning shall schedule a pre-application conference with the Planning Director in accordance with § 156.702.
(D) Neighborhood meeting. All applicants petitioning for planned development rezoning shall hold a neighborhood meeting in accordance with § 156.702.
(E) Application requirements.
(1) Concurrent with a request for planned development rezoning, an applicant shall submit a master plan to govern the development and maintenance of the land within the planned development. The master plan shall be prepared by a professionally certified landscape architect, engineer or architect.
(2) All applications for planned development rezoning shall be submitted in accordance with § 156.702.
(3) A master plan which meets the requirements for submittal of a preliminary plat may be approved as the master plan for the development and the preliminary plat concurrently.
(4) A traffic impact analysis may be required if the proposed planned development meets the thresholds established in § 156.708.
(F) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 156.702.
(G) Action by Planning Director.
(1) Upon submission of a completed application, the Planning Director shall schedule the master plan for review by the Technical Review Committee. The Technical Review Committee shall review the master plan for consistency with the requirements of this chapter.
(2) Upon completion of the technical review, the Planning Director may meet with the applicant to discuss any changes in development design.
(3) The Planning Director shall prepare a staff report that reviews the application in light of comments provided by the Technical Review Committee, in light of the adopted plans and policies of the town, and the general requirements of this chapter. The report, master plan and any related application materials shall be forwarded to the Planning Board.
(H) Action by Planning Board.
(1) The Planning Board shall make a recommendation on the application to the Town Board of Commissioners. The Planning Board's recommendation shall include a written statement to the Town Board of Commissioners describing whether its recommendation is consistent with the adopted plans and policies of the town. If the Planning Board fails to make a recommendation, the Town Board of Commissioners may process the request without a recommendation.
(2) Following Planning Board review, the Planning Director shall forward the completed planned development request and any related materials, including the Planning Board recommendation (if applicable), to the Town Board of Commissioners for final action.
(I) Action by Town Board of Commissioners.
(1) Before taking action on a planned development rezoning, the Town Board of Commissioners shall consider the recommendations of the Planning Board and Planning Director.
(2) The Town Board of Commissioners may approve the rezoning, deny the rezoning, or send the rezoning back to the Planning Director for additional consideration.
(3) Concurrently with adopting, denying, or remanding any rezoning, the Town Board of Commissioners shall adopt a statement describing whether its action is consistent with the adopted plans and polices of the town and explaining why the Town Board of Commissioners considers the action taken to be reasonable and in the public interest.
(4) A master plan which meets the requirements for submittal of a preliminary plat may be approved as the master plan for the development and the preliminary plat concurrently.
(J) Rezoning approval criteria. No rezoning may be approved by the Town Board of Commissioners unless all of the following criteria are satisfied:
(1) Consistency with the adopted plans and policies of the town;
(2) Suitability of the subject property for uses permitted by the current versus the proposed district;
(3) Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the town;
(4) The capacity of adequate public facilities and services including schools, roads, recreation facilities wastewater treatment and water supply facilities and stormwater drainage facilities for the proposed use;
(5) It has been determined that the legal purposes for which zoning exists are not contravened;
(6) It has been determined that there will be no adverse effect upon adjoining property owners unless such effect can be justified by the overwhelming public good or welfare; and
(7) It has been determined that no 1 property owner or small group of property owners will benefit materially from the change to the detriment of the general public.
(K) Master plan approval criteria. The master plan review shall include and the applicant shall be responsible for successfully addressing the following:
(1) Compliance with § 156.203, and all other applicable requirements of this chapter;
(2) Consistency with the Kenly General Design Guidelines;
(3) Conformance of the proposal with the stated purpose of the requested planned development district;
(4) Compatibility of the proposed development with the adjacent community;
(5) The quality of design intended for each component of the project and the ability of the overall development plan to ensure a unified, cohesive environment at full build-out;
(6) Compatible relationships between each component of the overall project;
(7) Self-sufficiency of each phase of the overall project;
(8) Documentation that the proposed infrastructure improvements accommodate the additional impacts caused by the development, or documentation to assure that the development, as proposed, will not overtax the existing public infrastructure systems;
(9) The fiscal impact of the proposal and the proposed financing of required improvements;
(10) The success of the proposal in providing adequate pedestrian and bicycle links within the development and with the adjacent community; and
(11) The effectiveness with which the proposal protects and preserves the ecologically sensitive areas within the development.
(L) Protest to zoning change.
(1) If a petition opposing a change in the rezoning is filed in accordance with the provisions of this section, then the proposed rezoning may be adopted only by a favorable vote of at least ¾ of the Town Board of Commissioners.
(2) To qualify as a protest under this section, the petition must:
(a) Be signed by the owners of either:
1. Twenty percent or more of the area included in the proposed change; or
2. Five percent or more of the area of a 100-foot wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned.
3. Street right-of-way shall not be considered in computing the 100-foot buffer area, except where the street right-of-way is wider than 100 feet. When less than an entire parcel of land is subject to the proposed rezoning, the 100-foot buffer shall be measured from the property line of that parcel. For the purposes of this section, the 'owners' are those listed on the county tax listing.
(b) Be a written petition actually bearing the signatures and addresses of the requisite number of property owners and stating that the signers do protest the proposed change.
(c) Be received by the Town Clerk at least 10 days before the date established for a public hearing on the rezoning to allow the Town Clerk's determination of the sufficiency and accuracy of the petition.
(M) Action after approval.
(1) Upo n approval of a planned development rezoning by the Town Board of Commissioners, and on recordation of the approved master plan, the district is deemed established. All documents (including the approved master plan) shall be an integral part of the approved proposal.
(2) The approved planned development and associated master plan shall run with the land and shall be binding on the original applicant as well as any successors, assigns and heirs. The approved master plan shall be recorded in the Johnston County Register of Deeds office and the Zoning Map amended.
(3) Approval of a planned development rezoning and associated master plan does not constitute site plan approval or subdivision approval (if the property is to be further subdivided), except where the master plan meets the requirements for and is approved as a preliminary plat.
(4) Property to be further subdivided shall obtain approval in accordance with § 156.706. Where a preliminary plat has been approved, the applicant may move forward to provide construction plans and a final plat.
(5) Property not to be further subdivided shall obtain site plan approval as set forth in § 156.707.
(6) Conditional uses not shown on the approved master plan require approval in accordance with § 156.710.
(7) Special uses not shown on the approved master plan require approval in accordance § 156.711.
(N) Time lapse between similar applications.
(1) In the event of a withdrawal of an application prior to action by the Town Board of Commissioners, no application may be filed requesting the same planned development contained in the withdrawn application prior to the expiration of a minimum period of 6 months from the withdrawal of the application.
(2) When the Town Board of Commissioners has voted on a planned development and the proposed rezoning has either been denied or has failed to be adopted by the vote required in the event of a valid protest petition, then the application shall be deemed to have expired.
(3) No subsequent application requesting a planned development for any parcel contained in an application which has expired may be made prior to the expiration of a minimum period of 6 months from the date of expiration.
(4) No subsequent application requesting the same zoning category for any parcel contained in an application which has expired may be filed prior to the expiration of a minimum period of 1 year from the expiration.
(5) The Town Board of Commissioners, by a ¾ majority vote, may waive the time-lapse requirements of this section if the Town Board of Commissioners deems it to be in the public interest to do so.
(O) Approved master plan modifications.
(1) Amendments to an approved master plan, if minor in scope, may be approved administratively by the Planning Director. Minor changes shall include up to 10% modifications to the original mixture of uses (so long as the minimum and maximum stated are maintained), minor adjustments to phasing (as long as the quantity of phases remains), and the realignment of internal roadways. Minor changes to the sign, lighting, and landscape requirements may also be approved administratively by the Planning Director.
(2) Major modifications shall require resubmittal to the Town Board of Commissioners. These shall include the addition of land modifications to the originally approved mixture of uses in excess of 10%, a change in the number of phases within the development, and the addition or deletion of main vehicular entrances serving the development or their relocation. Major modifications shall also include any proposed revisions that are deemed by the Planning Director to be inconsistent with the adopted plans and policies of the town.
(Ord. passed 6- -2019)