A. Purpose and Intent. The Planned Development (PD) districts are established and intended to encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development, environmental sensitivity, energy efficiency, and other Town goals and objectives by:
1. Reducing or diminishing the inflexibility or uniform design that sometimes results from strict application of zoning and development standards designed primarily for individual lots;
2. Allowing greater freedom in selecting the means of providing access, open space, and design amenities;
3. Allowing greater freedom in providing a well-integrated mix of residential and nonresidential land uses in the same development, including a mix of housing types, lot sizes, and densities;
4. Creating a system of incentives for redevelopment and infill in order to revitalize established areas;
5. Promoting a vibrant public realm by placing increased emphasis on active ground floor uses, pedestrian-oriented building facade design, intensive use of sidewalks, and establishment of public gathering areas;
6. Providing for efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and
7. Promoting quality design and environmentally sensitive development that respects surrounding established land use character and respects and takes advantage of a site's natural and man-made features, such as trees, estuaries, shorelines, special flood hazard area, and historic features.
B. General Standards for All Planned Developments.
1. How Established. A planned development is established in a manner similar to the establishment of a conditional zoning district in accordance with the procedures and requirements in Section 2.2.13, Planned Development.
2. Master Plan Required. All development configured as a PD shall be subject to a master plan submitted and approved as part of the application to establish the district. The master plan shall:
a. Include a statement of planning objectives for the district;
b. Describe the specific ways in which any modifications to the generally applicable standards in this Ordinance will result in a development of higher quality than would have otherwise resulted if the development was established without any proposed modifications to the standards in this Ordinance.
c. Identify the general location of individual development areas, identified by land use(s) and/or development density or intensity;
d. Depict the general configuration and relationship of the principal elements of the proposed development, including general building types;
e. Identify for the entire district and each development area the acreage, types and mix of land uses, number of residential units (by use type), nonresidential floor area (by use type), residential density, and nonresidential intensity;
f. Identify the general location, amount, and type (whether designated for active, passive, or urban) of open space;
g. Identify the location of environmentally sensitive lands, wildlife habitat, and resource protection lands;
h. Identify the on-site transportation circulation system, including the general location of all public and private streets, existing or projected transit service, pedestrian and vehicular circulation features, and how they will connect with existing and planned systems;
i. Identify the general location of on-site potable water and wastewater facilities, and how they will connect to existing systems;
j. Identify the general location of on-site stormwater management facilities, and how they will connect to existing public systems; and
k. Identify the general location of all other on-site public facilities serving the development, including but not limited to parks, schools, bus shelters, and facilities for fire protection, police protection, EMS, and solid waste management.
3. Compliance with Subdivision Standards. Planned developments that include the division of land into two or more lots shall be subject to the subdivision standards in Article 6: Subdivisions, and shall be subject to the requirements of Section 2.2.14, Preliminary Plat, and Section 2.2.10, Final Plat, prior to the issuance of a building permit.
4. Site Plan Review.
a. The planned development master plan may take the form of a generalized concept plan for development that provides a general indication of building and site feature location, or it may be configured to the level of detail associated with site plans and construction drawings depicting exact building placement, location and profile of public infrastructure, and configuration of site features like parking, landscaping, and similar elements.
b. In cases where the master plan is more general or conceptual in nature, the development proposed in the planned development designation shall also undergo site plan review in accordance with Section 2.2.17, Site Plan.
c. In cases where the master plan is detailed and meets the minimum requirements for a site plan in the opinion of the Board of Commissioners, the applicant shall request, and the Board of Commissioners may grant an exemption from subsequent site plan review.
d. If a site plan review exemption is granted by the Board of Commissioners, the proposed development shall fully comply with the development configuration depicted in the planned development master plan. Failure to comply with the approved master plan configuration shall require an amendment of the planned development application in accordance with Section 2.2.17.1, Amendment.
5. Densities/Intensities. The densities for residential development and the intensities for nonresidential development applicable in each development area of a PD district shall be as established in the master plan, and shall be consistent with adopted policy guidance.
6. Dimensional Standards. The dimensional standards applicable in each development area of a PD district shall be as established in the master plan. The master plan shall include at least the following types of dimensional standards:
a. Minimum lot area;
b. Minimum lot width;
c. Minimum and maximum setbacks;
d. Maximum lot coverage;
e. Maximum building height;
f. Maximum individual building size;
g. Floor area ratio; and
h. Minimum setbacks from adjoining residential development or residential zoning districts.
7. Development Standards.
b. In no instance shall a planned development district seek to modify, waive, or reduce any of the following standards:
i. Section 3.8 Overlay Zoning Districts; or
ii. Section 6.5, Owners' Associations.
iii. Section 6.5, Owners' Associations.
c. In cases where a planned development district is proposed as part of redevelopment of an existing site and the existing site does not comply with the standards in subsection (b) above, the development contemplated in the planned development shall not be required to achieve full compliance, but shall not increase the degree to which the development fails to comply with the standards in subsection (b) above.
8. Consistency with Adopted Policy Guidance. The PD zoning district designation, the master plan, and the terms and conditions document should be consistent with the Comprehensive Plan, and any applicable functional plans and small area plans adopted by the Town.
9. Compatibility with Surrounding Areas. Development along the perimeter of a PD district shall be compatible with adjacent existing or proposed development. Where there are issues of compatibility, the master plan shall provide for transition areas at the edges of the PD district that provide for appropriate buffering and/or ensure a complementary character of uses. Determination of complementary character shall be based on
densities/intensities, lot size and dimensions, building height, building mass and scale, hours of operation, exterior lighting, siting of service areas, or other aspects identified by the Board of Commissioners.
10. Development Phasing Plan. If development in the PD district is proposed to be phased, the master plan shall include a development phasing plan that identifies the general sequence or phases in which the district is proposed to be developed, including how residential and nonresidential development will be timed, how infrastructure (public and private) and open space will be provided and timed, and how development will be coordinated with the Town's capital improvements program.
11. Conversion Schedule.
a. The planned development application may include a conversion schedule that identifies the extent to which one type of residential use may be converted to another type of residential use or one type of nonresidential use may be converted to another type of nonresidential use (i.e., residential to residential, or nonresidential to nonresidential). These conversions may occur within development areas and between development areas, as long as they occur within the same development phase, as identified by the approved development phasing plan, and are consistent with established extents of conversion set down in the conversion schedule.
b. In the event an applicant seeks to revise the development in accordance with an approved conversion schedule, the applicant shall provide a revised site plan depicting the proposed conversions to the TRC for review and approval prior to commencing any conversions.
12. On-Site Public Facilities.
a. Design and Construction. The master plan shall establish the responsibility of the developer/landowner to design and construct or install required and proposed on-site public facilities in compliance with applicable Town, state, and federal regulations.
b. Dedication. The master plan shall establish the responsibility of the developer/landowner to dedicate to the public the right-of-way and
easements necessary for the construction or installation of required and proposed on-site public facilities in compliance with applicable Town, state, and federal regulations.
c. Modifications to Street Standards. In approving a master plan, the Board of Commissioners may approve modifications or reductions of street design standards - including those for right-of-way widths, pavement widths, required materials, provision of public transit amenities, and turning radii, with NCDOT approval, on finding that:
i. The master plan provides for adequate separation/integration of vehicular, pedestrian, and bicycle traffic;
ii. Access for emergency service vehicles is not substantially impaired;
iii. Adequate parking is provided for the uses proposed; and
iv. Adequate space for public utilities is provided within the street right-of-way.
13. Uses. The uses allowed in a PD district are identified in Table 4.2.3, Principal Use Table, as allowed subject to a master plan. Allowed uses shall be established in the master plan. Allowed uses shall be consistent with adopted policy guidance, the purpose of the particular PD district, and subject to any additional limitations or requirements set forth in Section 4.3, Use-Specific Standards, for the PD district. Nothing shall limit an applicant from seeking to modify an otherwise applicable use-specific standard in accordance with the standards in Section 3.5.5.B.2, Master Plan Required.
C. Planned Development Terms and Conditions. The terms and conditions document shall incorporate by reference or include, but not be limited to:
1. Conditions related to approval of the application for the PD zoning district classification;
2. The master plan, including any density/intensity standards, dimensional standards, and development standards established in the master plan;
3. Conditions related to the approval of the master plan, including any conditions related to the form and design of development shown in the master plan;
4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development;
5. Provisions related to environmental protection and monitoring; and
6. Any other provisions the Board of Commissioners determines are relevant and necessary to the development of the PD in accordance with applicable standards and regulations.
D. Amendments to Approved Master Plan. Amendments or modifications to a master plan shall be considered in accordance with the standards in Section 2.2.13, Planned Development.
(Ord. 2020-36, passed 12-2-2019)