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(A) Applicability and Scope
No
approval for construction of
any on-site or
off-site improvements in
a planned
development district (PDD) shall be granted until a master
plan for the planned
development is approved in accordance with the procedures and
requirements of this section.
(B) Rezoning Procedures Apply
Applications requesting a rezoning to a PDD classification shall be submitted in accordance with the general rezoning procedures set forth in Section 3.4.1, as modified by the specific procedures set forth in this Section 3.4.3.
(C) Coordination with Review of Subdivision Plans and Site Plans
An application for PDD master plan approval and any required application for subdivision and/or site plan approval (Section 3.9) may be filed simultaneously. The review and processing of these applications shall be coordinated and consolidated as much as possible. The Development Review Committee, the Planning and Zoning Board, and the Town Council, however, shall render separate reports, recommendations, and decisions on each application based on the specific standards applicable to each approval.
(D) Procedure
(1) Pre-Application Conference
Before filing an application for PDD master plan approval, the applicant may request a pre-application conference with the Development Review Committee. See Section 3.1.5. The applicant shall provide the Development Review Committee with the following information at the pre-application conference:
(a) Size and location of the parcel proposed for development as a planned development;
(b) Proposed gross density and/or the amount of non-residential square footage for the proposed planned development and net density of individual parcels within the PDD;
(c) A concept plan showing general land uses proposed for the planned development including location, acreage, park, open space areas and school sites, if applicable;
(d) Number of acres and location of land within the parcel proposed for development as a planned development within a Watershed Protection Overlay district; and
(e) A schematic description of utility and circulation improvements for the planned development.
(2) Application Filing
An application for a PDD rezoning approval shall be filed and processed in accordance with the rezoning procedures set forth in Section 3.4.1,. In addition, the application shall be accompanied by a master plan and supporting plans and documents as specified by the Planning Department.
(3) Review by Town
The Development Review Committee, the Planning and Zoning Board, and the Town Council shall review the application and the proposed master land use plan for compliance with the requirements of Section 3.4.1, and also this Section 3.4.3.
(4) Review by Other Bodies
The Development Review Committee may transmit the proposed master plan to the Parks, Recreation, and Cultural Resources Advisory Board, and/or any other board or commission, including the Wake County Board of Education, deemed appropriate by the Town Council for review and comment.
(E) Approval Criteria
In addition to the general approval criteria for rezonings set forth in Section 3.4.1(E), PDD rezoning applications shall be reviewed for compliance with the following additional criteria:
(1) The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and
(2) The request complies with the PDD standards of Section 4.2.3.
(F) Effect of Approval
(1) The approval of a PDD application and a master plan shall not become effective until the applicant has submitted to the Planning Department a copy of the master plan incorporating all changes, if any, that were required as conditions to Town Council approval, and such additional information as the Town Council may have required as a condition of PDD or master plan approval.
(2) Upon receipt of all required submittals, the Planning Director shall mark and sign the master plan as approved, and return a marked and signed copy of the master plan to the applicant. A copy marked "ORIGINAL" shall be retained for the records of the Planning Department.
(3) Actual development of the property comprising the approved PDD shall be subject to all applicable state requirements, subdivision plan approvals, site plan approvals, and other permits and approvals otherwise required by this Ordinance. Such development shall comply with all requirements of this Ordinance unless the approved PDD documents specifically state otherwise.
(G) Submission of Conditions
After the Town has delivered to the newspaper the notice of public hearing for the application, the applicant shall make no changes in the conditions that are less restrictive than those stated in the application, including, but not limited to, smaller setbacks; more dwelling or rooming units; greater height; more access points; new uses; and fewer improvements. However, more restrictive conditions or additional conditions may be added to the application if such conditions are received by the Planning Department in writing and signed by all owners of the property at least ten working days before the date scheduled for Town Council action on the application.
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance