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4.2.3(D)  General Use and Development Standards for All PDD Districts

(1)      Uses Allowed

A planned development may contain any or all of the uses specified in the approved PDD master plan, provided such uses are consistent with the Comprehensive Plan.  A wide range of uses is possible in a PDD district, and the specific uses allowed may be different in each PDD district, so the use tables in Chapter 5 (Table 5.1-1) do not include the PDD districts.  All uses that are set out in an approved master plan shall be treated as permitted uses within the planned development, except that uses which are prohibited in this Ordinance shall not be permitted within a PDD. 

(2)      Mixed Uses Encouraged

(a)      Mixed use developments are strongly encouraged in the PDD zoning districts, including the mixing of principal residential uses with principal non-residential uses.  Mixed use development may occur by having two or more principal uses located in the same building (e.g., retail on ground floor, office space above) or by having two or more principal uses located in different buildings sited on the same lot or parcel (e.g., freestanding child day care center located on the same parcel as an office building). 

(b)      Planned developments containing both residential and non-residential uses shall be designed, located, and oriented on the site so that non-residential uses are directly accessible to residents of the development.  For the purposes of this section, “directly accessible” shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the planned development or using a major thoroughfare.  "Directly accessible" does not necessarily mean that non-residential uses need to be located in a particular location, but that the siting of such uses considers the accessibility of the residential component of the development to the non-residential use.

(3)      Applicable Standards

(a)      Development in a PDD district shall be subject to all applicable overlay district regulations in Chapter 4, all applicable use regulations set forth in Chapter 5, and all applicable general regulations set forth in Chapter 7, unless otherwise waived or modified by the Town in the terms of the approved master land use plan. In case of any conflict between a specific regulation set forth in this Section 4.2.3 and any regulation set forth in Chapters 4, 5, and 7, the regulation in this section shall apply unless otherwise expressly allowed.

(b)      Notwithstanding paragraph (a) above, in no case shall the decision-making body waive or modify the following standards for a proposed PDD zoning district:

1.       Zones 1, 2, and 3 of stream buffers;

2.       Design guidelines;

3.       Adequate public facility ordinance requirements;

4.       Ownership requirements for any open space, buffers, or streetscapes unless otherwise permitted within this Ordinance;

5.       Street connectivity requirements;

6.       Sidewalk and greenway requirements;

7.       Mixed Use Center requirements (if applicable);

8.       Stormwater control requirements, and

9.       Nitrogen reduction requirements.

(c)      There shall be no minimum dimensional standards for planned developments, provided that dimensional standards are stated in the master land use plan and/or the associated site plan.

(4)      Transportation and Circulation System

The planned development’s master plan shall demonstrate a safe and adequate on-site transportation system that addresses vehicular, bicycle, transit and pedestrian circulation.  The on-site transportation system shall be integrated with the off-site transportation circulation system of the Town.

(5)      Off-Street Parking and Loading

The planned development’s master plan shall comply with the off-street parking and loading requirements of Section 7.8, except that variations from these standards may be permitted if a comprehensive parking and loading plan for the development is submitted as part of the master plan that is suitable for the development and consistent with the intent and purpose of the off-street parking and loading standards of this Ordinance. 

(6)      Landscaping

(a)      Compliance with General Landscaping Requirements

          Landscaping shall comply with the standards of Section 7.2, except that variations from these standards may be permitted where it is demonstrated that the proposed landscaping sufficiently buffers uses from each other, ensures compatibility with land uses on surrounding properties, creates attractive streetscapes and parking areas, and is consistent with the urban design objectives and/or character of the area. 

(b)      Stream Buffers Not Variable

          Variations from the minimum state-mandated stream buffers including any Neuse River Riparian Buffer shall not be allowed without requisite approvals from the appropriate state agency.

(7)      Recreational and Open Space Requirements

(a)      Dedication of Recreation Land

          Each residential planned development (or residential portion of a mixed use planned development) shall dedicate recreational open space consistent with the requirements in Section 8.1.2.

(b)      Common Open Space

          Each residential planned development (or residential portion of a mixed use planned development) shall provide common open space as a percentage of the entire parcel according to the following table:

(c)      Open Space Utilization

          Each residential planned development (or residential portion of a mixed use planned development) shall provide adequate private, common open space facilities including both active and passive recreational uses.

(d)      Timing of Completion of Open Space Requirements

          All open space and recreational amenities shall be completed and conveyed before certificates of occupancy may be issued for more than 50 percent of the dwelling units in the planned development or, if the approved master plan divides the development into phases, in that phase of the development of which the amenity is a part.

(e)      Contingency Plan for Reserve Land

          Planned developments with 700 or more residential units which are required to set aside reserve land for potential purchase by the Town for use as recreation land shall be required to include alternative contingency plans for the reserve land in the event it is not acquired by the Town.

(8)      Conditions in the Master Plan

In some cases, the ability to implement or strictly follow approved master plan conditions can be problematic (i.e. conditions requiring specimen trees to be preserved, but the trees have subsequently died due to natural causes following the approval).  In such cases, the Planning Director shall implement the condition in a way that most closely meets its original intent. These situations include, but are not limited to:

(a)      Undisturbed buffers/streetscapes required by the master plan which may be beyond the Town's ability to implement due to road widenings, utility relocation, driveways and/or clear sight distance areas;

(b)      Specimen or champion trees required by the master plan to be preserved, but which have been removed due to natural consequences or infrastructure relocation.

The Director may decide to permit re-vegetation when such conditions exist depending upon the extent of the disturbance, the size and quality of the existing vegetation remaining and the long term viability/benefit of retaining the existing vegetation verses re-forestation.

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