The purpose of this section is to encourage and provide for flexibility and innovation in the design and location of structures and land development, to provide for the most efficient and environmentally sensitive use of land resources, and to provide an opportunity to develop land areas in a manner different from the standard arrangement of one principal building on one lot. It is further intended that a planned unit development will be in harmony with the character and natural beauty of the area in which it is located.
(1) Planned unit development (PUD) standards. The following land development standards shall apply for all planned unit developments in addition to all other applicable sections of this chapter. Planned unit developments may be located only in certain specified districts as special uses, subject to a finding by the board of adjustment that the following requirements be met:
a. Ownership control and project completion. The land in a PUD shall be under single ownership or management by the applicant before final approval and/or construction begins. Proper assurances (legal title or execution of a binding sales agreement) shall be provided to verify the development can be successfully completed by the applicant. Further, financial information shall be required to assure that the planned unit development can be successfully completed by the applicant.
b. Density requirements. There are no density requirements for nonresidential uses as long as the proposed project does not violate the intent of the district in which it is located. The proposed residential density of the planned unit development shall conform to that permitted in the district in which the development is located as indicated in section 36-70. If the planned unit development lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the planned unit development that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire planned unit development.
c. Frontage requirements. Planned unit developments shall have access to a highway or road suitable for the scale and density of the development being proposed.
d. Minimum requirements.
1. Distance between buildings. The minimum distance between buildings shall be 20 feet or as otherwise specified by the board of adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.
2. Access and circulation. Every dwelling unit shall have access to a public or private street, walkway or other area dedicated to common use. There shall be provision for adequate vehicular circulation to all development properties in order to ensure acceptable levels of access for emergency vehicles.
3. Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants and adjacent properties, for screening of objectionable views or uses, and for reduction of noise. Multi-level buildings shall be located in such a way as to dissipate any adverse impact on adjoining low rise buildings and shall not invade the privacy of the occupants of such low rise buildings.
4. Perimeter requirements. Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of the zoning regulations controlling the zoning district within which the property is situated.
5. Water and sewer. The developer shall provide plans showing approximate location of water and sewer lines. The developer shall provide documentation from the town's utilities director, public works director, fire coordinator, and/or town engineer ensuring that the water supply and sewer capacity is available to adequately serve the planned unit development.
6. Parking. Preliminary plans shall include provision for parking and loading for all proposed uses within the planned unit development in accordance with sections 36-217 through 36-219. When more than one use is located in the planned unit development, the minimum parking and loading requirements shall be the sum of the required parking for each use within the development. However, separate uses may share parking spaces if deemed appropriate by the board of adjustment.
7. Pedestrian and bicycle paths. Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.
8. Relationship to affected areas. Layout of parking areas, service areas, entrances, exits, yards, courts, structures, and landscaping. Signs, lighting, noise or other potentially adverse influences shall be in harmony with the neighborhood character and any other affected areas.
9. Common areas. Conveyance and maintenance of open spaces, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. ch. 47A) and/or any other appropriate mechanisms acceptable to the board of adjustment.
10. Tall building standards. Tall buildings are permitted in planned unit development having an area of 25 acres of more. The following tall standards shall apply to those tall buildings located in planned unit developments having an area of 25 acres or more:
(i) The maximum height of tall buildings shall not exceed 45 feet.
(ii) The maximum tall building density ratio shall not exceed one tall building per 20 acres of lot area.
(iii) Tall buildings shall be surrounded by a green area at least 50 feet in width. The green area shall consist of landscaped areas with trees, shrubs, grasses native to the Southern Mountains and/or open and undeveloped areas. Sidewalks, trails, and walkways may be located within the green area. Roadways and access drives may cross the green area, but no automotive vehicular parking may be located therein.
(iv) Tall buildings shall be set back a minimum of 100 feet from any adjoining road right-of-way, 100 from any property line, and 200 feet from the lake shoreline.
(v) Tall buildings located within 125 feet of an existing public road shall be buffered by either a landscaped berm or living hedge consisting of species native to the Southern Mountains or combination thereof at least ten feet in height above the grade of the road.
(vi) Tall buildings shall not have a building footprint more than 15,000 square feet.
(vii) Tall buildings shall not display mechanical equipment, such as, but not limited to, HVAC equipment, on the roof.
(viii) Tall buildings shall have a primary roof pitch between 8/12 and 10/12.
(ix) Tall buildings shall be in harmony with the neighborhood character.
11. Uses per zoning district.
(i) The proposed uses for any planned unit development in multiple zoning districts shall conform to the requirements of the respective zoning districts. A use or structure not expressly permitted as either a permitted use or special use in a given district is prohibited from locating in any district except those uses listed in subsections (1)d.11(ii) through (v) of this section.
(ii) The following uses are permitted within planned unit developments:
A. Single-family dwellings, excluding mobile homes.
B. Multifamily dwellings, including condominiums, duplexes, townhouses, and individual units or clusters of detached units located on lots or tracts in single ownership or held in common ownership under a condominium agreement in districts that permit such uses.
C. Customary accessory buildings, including garages and storage buildings.
D. Recreational facilities intended exclusively for use by the owners, residents and guests of the PUD, and which are an integral part of such development.
(iii) The following accessory commercial uses may be permitted in a PUD designed for 50 or more dwelling units, subject to the provisions of this section:
A. Real estate sales and rental offices for on-premises inventory only;
B. Administrative offices for the PUD;
C. Property management offices exclusively for the PUD.
(iv) The accessory uses in subsection (1)d.11(iii) of this section may be permitted subject to the following conditions:
A. The PUD shall have a minimum of seven acres;
B. All sales and rentals shall be for the use and convenience of the owners, residents or guests of the PUD;
C. All accessory uses listed in this subsection (iv) shall not occupy more than 15 percent of the total floor area of the PUD, except that in no case shall the accessory uses exceed a maximum of 12,000 square feet. No individual accessory use permitted in this subsection (iv) shall occupy more than five percent of the total floor area of the development, except that in no case shall the accessory use exceed a maximum of 4,000 square feet;
D. Any accessory use permitted in this section shall be designed in a manner compatible with the architectural style and function of the PUD and development on adjacent properties.
(v) The following accessory commercial uses may be permitted in a planned unit development with 150 or more dwelling units having certificates of occupancy, subject to the provisions of this section:
A. Retail sales for PUD residents and guests, excluding petroleum products sold or disbursed from pumps, and provided no merchandise may be displayed or stored outside of the building.
B. Sports equipment sales and rentals for PUD residents and guests.
(vi) The above listed accessory uses in both subsections (1)d.11(iii) and (v) of this section may be permitted subject to the following conditions:
A. The PUD shall have a minimum of 21 acres;
B. All sales and rentals shall be for the use and convenience of the owners, residents and guests of the PUD;
C. All accessory uses listed in this subsection (vi) shall not occupy more than ten percent of the total floor area of the PUD, except that in no case shall the accessory uses exceed a maximum of 30,000 square feet. No individual accessory use permitted in this section shall occupy more than three percent of the total floor area of the development, except that in no case shall the accessory use exceed a maximum of 6,000 square feet;
D. Any accessory use permitted in this section shall be designed in a manner compatible with the architectural style and function of the PUD and development on adjacent properties.
12. [Common amenities.] Common amenities for residential developments provided that they are situated within the residential development so as not to adversely impact existing and/or reasonably foreseeable uses on adjoining properties. Such amenities shall be set back a minimum of 30 feet from such adjoining properties and a minimum of 60 feet from Lake Lure. Buffering may be utilized to ensure compatibility with adjoining uses.
(2) Planned unit developments post-approval requirements. The following items may be reviewed for approval after the board of adjustment issues the permit for a special use. A certificate of zoning compliance shall not be issued until the following applicable items have been submitted to the zoning administrator for review and approval:
a. Guarantee of performance. In order to ensure the applicable improvements are completed properly within a period of time specified by the town council, the developer shall enter into a guarantee for completion with the town council. A performance guarantee shall be negotiated between the developer and the town council after the issuance of the special use permit by the board of adjustment. The guarantee of performance shall require that the developer complete the improvements, including roads, parking areas and rights-of-way; water and sewer facilities; drainage, erosion and sedimentation control facilities; lighting and landscaping; and any other improvements, including protection/replacement of natural vegetation, specified by town council. The guarantee shall be provided by either one or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein:
1. Surety performance bond. The developer shall obtain a performance bond from a surety bonding company authorized to do business in the state. The bond shall be payable to the town and shall be in an amount equal to 1.25 times the entire cost, as estimated by the town manager, of installing all required improvements. The duration of the bond shall be until such time as the improvements are approved by the town council. The town council shall not give said approval until it has been satisfied that all required improvements have been installed.
2. Cash or equivalent security. The developer shall deposit cash or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the town council. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the town manager, of installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the developer shall file with the town council an agreement between the financial institution and himself guaranteeing the following:
(i) That said escrow account shall be held in trust until released by the town council and may not be used or pledged by the developer in any other matter during the term of the escrow; and
(ii) That in the case of a failure on the part of the developer to complete said improvements, the financial institution shall, upon notification by the town council and submission by the town council to the financial institution of the town manager's estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated as needed to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
3. Letter of credit. A satisfactory, irrevocable letter of credit as approved by the town attorney and town council and deposited with the town clerk shall be submitted. When a letter of credit is submitted, the following information shall be contained in said letter:
(i) It shall be entitled "Irrevocable letter of credit."
(ii) It shall indicate that the town is the sole beneficiary.
(iii) The amount (of the letter of credit) as approved by the town manager.
(iv) The account number and/or credit number that drafts may be drawn on.
(v) A list of improvements that shall be built that the letter is guaranteeing.
(vi) Terms in which the town may make drafts on the account.
(vii) Expiration date of the letter.
4. Default. Upon default, meaning failure on the part of the developer to complete the required improvements in a timely manner as spelled out in the agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the town council, pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on the town manager's estimate. Upon payment, the town council, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the surety or escrow account any funds not spent in completing the improvements.
5. Release of guarantee security. The town council may release a portion of any security posted as the improvements are completed and recommended for approval by the town manager. At such time as the town council approves all improvements as recommended by the town manager, then all security posted shall be immediately released.
b. Soil erosion control plans. These shall conform to the town soil erosion and sedimentation control regulations or the applicable soil erosion regulations of the state. A land disturbance permit shall be secured from the town's soil erosion and sedimentation control officer before construction begins.
c. Water system plans. Detailed water distribution plans showing exact size and location size of water lines, material types, and specifications shall be submitted to the town and applicable state agency for approval. Water system plans and specifications shall conform to the document entitled "Town of Lake Lure, Standard Specifications and Details for Construction." All applicable water system permits and approvals must be secured before construction begins.
d. Sewer collection system plans. Detailed sewer collection plans showing exact location of lines and manholes, material types, and specifications shall be submitted to the town and the applicable state agency for approval. Sewer collection system plans and specifications shall conform to the document entitled "Town of Lake Lure, Standard Specifications and Details for Construction." All applicable sewer collection system permits and approvals must be secured before construction begins.
(Code 1989, § 92.048; Ord. of 11-15-2005; Ord. of 6-10-2008; Ord. No. 21-05-11, 5-11-2021)