A. Applicability. Approval of a planned development and a corresponding planned development master plan (PDMP) is required for a Planned Commerce Development PCD) and Planned Unit Development (PUD). Standards specific to planned developments are defined in Section 4.5: Planned Districts.
B. Purpose.
1. Planned Commerce Developments (PCD) and Planned Unit Developments (PUD) also referred to as “planned developments”) are intended to provide uniform means for amending the Official Zoning Map to establish a PCD or PUD zoning district.
a. The planned development districts provide an orderly, master plan style development with a mix of land uses and intensities for master planned commercial and residential developments.
b. Planned development districts are developed under unified control in accordance with flexibility for innovative design and procedures that are conducive to creating mixed-use, pedestrian-oriented development that makes efficient use of land.
2. Planned developments allow for creation of customized, planned development standards and deviations from design standards requirements set forth in this UDO, but not from permissible uses. In return for a higher quality of development with more amenities than might otherwise result from a strict application of standards in the Ordinance.
3. A planned development must be approved along with a Planned Development Master Plan (PDMP). A planned development may only be obtained through an amendment (rezoning) and is required to go through the amendment process set forth in this UDO. Planned developments allow for modification of standards found in this UDO, as per this Section.
C. Deviation Standards.
1. Except as noted in this Section, development in a planned development must conform to all applicable provisions of this UDO.
2. In no circumstance may a PCD or a PUD request to deviate from process or administrative related requirement as set forth in this UDO.
3. According to NC General State Statutes, deviations from the Unified Development Ordinance (UDO) may be requested a part of the Planned Development Master Plan.
4. Any proposed deviations shall be accompanied by a narrative explanation demonstrating that the modification is necessary and how potential adverse impacts shall be mitigated.
D. Application Requirements. All PCDs and PUDs shall be required to submit a Planned Development Master Plan (PDMP). If the application submitted does not conform to all applicable regulations, the applicant shall resubmit the plans to the Planning and Development Department for redistribution and review. A PDMP may be separated into multiple pages and maps and shall contain, at minimum:
1. Proof of unified control; PCDs and PUDs shall be planned and developed as a whole in a single development operation or approved programmed phases of development;
2. Existing conditions map;
3. General layout map showing boundaries of the planned development district, density/intensity of land uses in built areas, landscaped areas, buffers, vehicular use areas, parking areas, street network and street types, and pedestrian and multimodal systems;
4. Proposed location of all buildings. The building locations, to allow for a level of flexibility, do not need to show exact layout and configuration, but shall show at minimum areas where proposed buildings shall be located and the minimum setbacks proposed;
5. Maximum square footage of non-residential uses;
6. Maximum number of dwelling units (if applicable) and housing types;
7. Parking plan;
8. Utilities plan;
9. Tree conservation plan;
10. Stormwater plan;
11. Phasing plan (if applicable);
12. Traffic impact study;
13. Master sign plan;
14. Indicate height of all proposed structures;
15. Development standards must be clearly defined and include all proposed uses, setback requirements for structures, lot dimensions, maximum height, parking, lighting, and landscaping;
16. Any proposed standards to be modified (as allowed per this Section) as part of the approval process. If a standard is not listed as being modified, the standard set forth in the UDO shall apply.
E. Approval Process. PCDs and PUDs (which require a rezoning) shall follow the approval process for a rezoning as defined in Section 3.4.6: Zoning Map Amendment (Rezoning).
F. Administrative Changes to a Planned Development. The Director may administratively approve minor modifications to approved planned development master plans. Subsequent plans and permits for development within an approved planned development may include minor modifications to the conditions of approval, provided the development continues to meet the minimum requirements of the Unified Development Ordinance (UDO). Minor modifications are limited to changes that have no material effect on the character of the development or changes that address technical considerations that could not reasonably be anticipated at the time of the planned development approval. The following minor modifications may be approved by the Director of Planning and Development:
1. Changes to the location of entrances or driveways, the rearrangement of internal streets, drives or access restriction;
2. Changes to the configuration of parking areas including the number of parking spaces provided the changes are within ten percent (10%) of approved parking spaces;
3. Changes to the configuration or location to open space or placement of required amenities, provided the amount of open space (whether active or passive) is unchanged;
4. Changes to the configuration of landscape yards, including the types of materials, provided minimum width and planting requirements are met;
5. Changes to the proposed building elevation or façade including materials, provided that the change retains the same general architectural character and remains consistent with design parameters established in the approval; and
6. Changes to the arrangement or location of buildings provided there is no increase in the number of buildings size or amount of impervious surface.
G. Amendment Changes to a Planned Development. Changes that materially affect the basic configuration of the development, basic parameters of conditions of approval, or that exceed the scope of minor modifications are considered major modifications. Major modifications to approved Planned Developments shall be treated as an amendment that is required to be reviewed and considered in accordance with the procedures and standards established for original planned development approval. Major modifications include, but are not limited to:
1. Increase in building height;
2. Change in proposed use types;
3. Increase in lot count or change in intensity;
4. Decrease in open space; and
5. Substantial changes in the location of street (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected).
(Am. Ord. O-2023-03, passed 1-10-23)