A. Purpose and Intent. The purpose for this planned development procedure is to provide a uniform means for amending the Official Zoning Map to establish a Planned Development (PD) zoning district. The planned development district creates opportunities for master planned development that is developed under unified control in accordance with more flexible standards and procedures that are conducive to creating high quality, mixed-use, pedestrian-oriented development that makes efficient use of land while protecting natural resources. It is the intent of these standards to allow an applicant to propose a wide variety of allowable uses and the flexible application of some of the development standards in Article 5: Development Standards, in return for a higher quality of development with more amenities than might otherwise result from a strict application of the standards in this Ordinance.
B. Applicability. The standards in this section may be applied to any land except land in the Residential Watershed (R1) district.
C. Planned Development Procedure. The planned development procedure is described in Figure 2.2.15, Planned Development Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Application.
1. The application shall include a master plan depicting the general configuration and relationship of the principal elements of the proposed development, including uses, general building types, density/intensity, resource protection, pedestrian and vehicular circulation, open space, public facilities, and phasing. The TRC shall review and comment on the master plan prior to the joint public hearing.
2. The application shall also include a statement of terms and conditions document that identifies how the proposed development will meet or exceed the standards in Section 3.5.5, Planned Development (PD) District, how any required environmental mitigation will take place, and outline how public facilities will be provided to serve the planned development.
3. To ensure unified control, the application shall also include a copy of the title to all land that is part of the proposed planned development zoning district classification.
4. The application shall include a transportation impact analysis for review, when required by Section 6.13, Transportation Impact Analysis.
E. Joint Public Hearing. Following provision of public notice for a public hearing in accordance with Section 2.3.6, Public Notice, the Planning Board and Board of Commissioners shall conduct a joint legislative public hearing on the planned development application.
F. Review by Planning Board.
1. The Planning Board, following the close of the joint public hearing, shall review the application and the information presented during the joint public hearing during a follow-up public meeting, shall make a recommendation on the planned development application in accordance with Section 2.2.15.H, Planned Development Review Standards.
2. In making its recommendation, the Planning Board shall prepare a written consistency statement including each of the following:
a. Whether the planned development application is recommended for approval, denial, or remanded to Town staff; and
b. The degree to which the planned development is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the planned development is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the planned development amends or does not amend the Town's adopted policy guidance; and
e. If the adopted policy guidance is amended as part of the application approval, a description of the change in conditions to meet the development needs of the Town that were taken into account as part of the approval; and
f. An explanation of why the recommendation is reasonable; and
g. An explanation of why the recommendation is in the public interest.
3. During its review of a planned development application, the Planning Board may suggest revisions to the master plan or terms and conditions statement, consistent with the provisions of Section 2.2.15.I, Conditions of Approval. Only those revisions agreed to in writing by the applicant shall be incorporated into the application.
G. Review and Decision by Board of Commissioners.
1. The Board of Commissioners, after the conclusion of the joint public hearing conducted with the Planning Board, and receipt of a recommendation on the planned development application by the Planning Board, shall decide the application during a follow-up public meeting in accordance with Section 2.2.15.H, Planned Development Review Standards.
2. The decision shall be one of the following:
a. Approval of the planned development subject to the master plan and statement of terms and conditions in the application;
b. Approval of the planned development subject to additional or revised conditions related to the master plan or statement of terms and conditions;
c. Denial of the planned development; or
d. Remand of the planned development application back to the Planning Board for further consideration.
3. In making its decision, the Board of Commissioners shall adopt a written statement including each of the following:
a. Whether the planned development application (and associated zoning map amendment) is approved, denied, or remanded; and
b. The degree to which the planned development application (and associated zoning map amendment) is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the planned development application (and associated zoning map amendment) is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the planned development application also amends or does not amend the Town's adopted policy guidance; and
e. If the adopted policy guidance is amended as part of the application approval, a description of the change in conditions to meet the development needs of the Town that were taken into account as part of the approval; and
f. An explanation of why the action taken by the Board of Commissioners is reasonable; and
g. An explanation of why the action taken by the Board of Commissioners is in the public interest.
H. Planned Development Review Standards. The advisability of amending the Official Zoning Map to establish a planned development district is a matter committed to the legislative discretion of the Board of Commissioners and is not controlled by any one factor. In determining whether to adopt or deny a planned development application, the Board of Commissioners may consider the standards in Section 2.2.25.J, Zoning Map Amendment Review Standards, and the standards for the district in Section 3.5.5, Planned Development (PD) District.
I. Conditions of Approval.
1. Only conditions mutually agreed to by the owner(s) of the property that is the subject of a planned development application and the Board of Commissioners may be approved as part of a planned development application establishing a planned development district.
2. Conditions shall be limited to those that address conformance of development and use of the site with Town regulations and adopted plans and that address the impacts reasonably expected to be generated by the development or use of the site.
3. Conditions shall be in writing and may be supplemented with text or plans and maps.
4. No condition shall be made part of the application which:
a. Specifies the ownership status, race, religion, or other characteristics of the occupants of housing units;
b. Establishes a minimum size of a dwelling unit;
c. Establishes a minimum value of buildings or improvements;
d. Excludes residents based upon race, religion, or income; or
e. Obligates the Town to perform in any manner relative to the approval of the planned development district or development of the land.
J. Designation on the Official Zoning Map. Designation of a PD zoning district on the Official Zoning Map shall note the ordinance number approving the PD zoning classification.
K. Effect.
1. Lands rezoned to a PD district shall be subject to the approved master plan and the approved statement of terms and conditions.
2. The master plan and terms and conditions are binding on the land as an amendment to the Official Zoning Map.
3. The applicant may apply for and obtain subsequent development permits and approvals necessary to implement the master plan in accordance with the appropriate procedures and standards set forth in this Ordinance.
4. Any permits or approvals shall comply with the master plan and the statement of terms and conditions.
5. Only those portions of the development subject to an approved master plan and statement of terms and conditions shall be included in development activities.
L. Amendment.
1. Minor Changes.
a. Subsequent plans and permits for development within a planned development district may include minor changes to the approved master plan map or statement of terms and conditions, provided the development continues to meet the minimum requirements of this Ordinance. Minor changes are limited to changes that have no material effect on the character of the planned development or changes that address technical considerations that could not reasonably be anticipated at the time of the planned development approval.
b. The following minor changes may be approved by the Planning Director, in consultation with other appropriate own staff:
i. Changes to the location of entrances or driveways, the rearrangement of internal streets, turn lanes, drives, or access restrictions;
ii. Changes to the configuration of parking areas, but not the number of parking spaces;
iii. Changes to the configuration or location of open space or placement of required amenities, provided the amount of open space (whether passive or active) is unchanged;
iv. Changes to the configuration of landscape yards, including types of materials, provided minimum width and planting requirements are met;
v. Changes to the proposed building elevation or facade, including materials, provided that the change retains the same general architectural character and remains consistent with the design parameters established in the PD approval; and
vi. Changes to the arrangement or location of buildings provided there is no increase in the number of buildings, size, or amount of impervious surface.
2. Significant Changes Considered Amendments.
a. Changes that materially affect the basic concept of the planned development master plan map or basic parameters establishing the terms and conditions or that exceed the scope of a minor change are considered amendments. Amendments include, but are not limited to:
i. Changes in use designations;
ii. Density/intensity increases;
iii. Decreases in open space;
iv. Substantial changes in the location of streets (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); and
v. Change in the location of any public easement.
b. Amendments shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a planned development application.
M. Expiration.
1. If no application for approval of a preliminary plat or site plan for any part of the approved master plan is submitted within two years after approval of the planned development, the Town may initiate a zoning map amendment application to rezone the land back to its prior zoning classification or any other base zoning classification determined to be appropriate. Such time period shall not be extended with transfer of ownership.
2. Upon written request submitted at least 30 days before expiration of the two-year period provided in subsection (1) above, and upon a showing of good cause, the Planning Director may grant one extension not to exceed one year for the applicant to submit required development applications.
N. Appeal.
1. Appeal of a decision by the Board of Commissioners on a planned development shall be subject to review by the Superior Court of Wake County.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the decision is filed in the office of the appropriate review authority and delivered by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective.
(Ord. 2020-36, passed 12-2-2019)