The purpose of the regulations, standards, and criteria contained in this chapter is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this chapter. The objective of the planned development is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the Comprehensive Plan and planning policies of the Village while departing from the strict application of the use and bulk regulations as detailed in Chapter 2 of this title. The planned development is intended to permit and encourage such flexibility and to accomplish the following purposes:

1)

To stimulate creative approaches to the commercial, residential, and mixed-use development of land.

2)

To provide more efficient use of land.

3)

To preserve natural features and provide open space areas and recreation areas in excess of that required under existing zoning regulations.

4)

To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.

5)

To unify building and structures through design.

6)

Promotion of long-term planning pursuant to the Village of Cary Comprehensive Plan, which will allow harmonious and compatible land uses or combination of uses with surrounding areas.

The development of Village owned buildings and property shall be exempt from the requirements of the Zoning Code.

(Ord. No. O19-05-06, § 3, 5-21-2019)

1)

No non-single-family development either on a lot with an area of eighty-seven thousand one hundred twenty (87,120) square feet or greater, or located within the B1 or B3R zoning districts, shall be permitted unless approved as a planned development in accordance with the Zoning Ordinance. Parks within the PO district may be exempt from this requirement.

2)

Each planned development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a planned development upon an already existing planned development except to the extent such planned development has been approved as part of a development master plan.

3)

The burden of providing evidence and persuasion that any planned development is necessary and desirable shall in every case rest with the applicant.

4)

Buildings and uses or combinations of uses within a planned development shall be limited solely to those approved as part of the ordinance granting a planned development permit provided, however, that any buildings and uses or combinations of uses in compliance with a development master plan approved as part of the ordinance granting a planned development permit may be approved by the Village Board.

(Ord. No. O19-05-06, § 3, 5-21-2019)

Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the Village only in direct response to the accrual of tangible benefits from the planned development to the Village or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities, outstanding environmental, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a planned development, the Board of Zoning, Planning and Appeals and/or the Village Board, as the case may be, shall be required to make certain findings based on the following standards:

1)

Required findings. No application for a planned development shall be approved unless all the following findings are made about the proposal:

a)

Comprehensive plan. The planned development shall conform with the general planning policies of the Village as set forth in the Comprehensive Plan.

b)

Public welfare. The planned development shall be so designed, located, and proposed to be operated and maintained that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.

c)

Impact on other property. The planned development shall not be injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted in the district, shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood and will be consistent with the goals, objectives, and policies set forth in the Comprehensive Plan, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity.

d)

Impact on Public Facilities and Resources. The planned development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The planned development shall include such impact donations as may be reasonably determined by the Village Board. These required impact donations shall be calculated in reasonable proportion to impact of the planned development on public facilities and infrastructure.

e)

Archaeological, historical or cultural impact. The planned development shall not substantially adversely impact a known archaeological, historical, or cultural resource located on or off the parcel(s) proposed for development.

f)

Parking and traffic. The planned development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets and provides adequate access for emergency vehicles.

g)

Adequate buffering. The planned development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.

h)

Performance. The applicant shall demonstrate a successful history of having completed one (1) or more recent projects of comparable value and complexity to provide the Village with reasonable assurance that, if authorized, the planned development can be completed according to schedule as designed.

i)

Appearance. The design of all buildings, structures, and facilities on the site of the planned development shall generally meet the Design and Development Guidelines.

j)

Signs. Any sign on the site of the planned development shall be in conformity with or shall satisfy the standards of review for variations as detailed in Chapter 5 of this title.

14.7.3.1. Modification standards.

In addition to the findings required above, the following standards shall be utilized in considering applications for modifications of the conventional zoning and subdivision regulations for a planned development. These standards shall not be regarded as inflexible but shall be used as a framework by the Village to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.

1)

Integrated design. A planned development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.

2)

Beneficial common open space. Any common open space in the planned development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following would not be considered usable common open space:

a)

Areas reserved for the exclusive use or benefit of an individual tenant or owner.

b)

Dedicated streets, alleys, and other public rights-of-way.

c)

Vehicular drives, parking, loading and storage area.

d)

Irregular or unusable narrow strips of land less than fifteen (15) feet wide.

3)

Location of higher buildings. Higher buildings shall be located within the planned development in such a way as to dissipate any material adverse impact on adjoining lower buildings within the development or on surrounding properties and shall not unreasonably invade the privacy of occupants of such lower buildings.

4)

Functional and mechanical features. Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the planned development and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

5)

Visual and acoustical privacy. The planned development shall provide reasonable visual, and acoustical privacy for each dwelling unit. Fences, insulations, walks, barriers, and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.

6)

Energy efficient design. A planned development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the planned development.

7)

Landscape conservation and visual enhancement. The existing landscape and trees in a planned development shall be conserved and enhanced, as feasible, by minimizing tree and soil removal, and the conservation of special landscape features such as streams, ponds, groves, and land forms. The addition or use of larger trees, shrubs, flowers, fountains, ponds, special paving amenities will be encouraged to the extent of their appropriateness and usefulness to the planned development and the likelihood of their continued maintenance.

8)

Drives, parking and circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.

9)

Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely impact neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.

(Ord. No. O19-05-06, § 3, 5-21-2019)

Notwithstanding any limitations on variations which can be approved as contained elsewhere in the Zoning Code, site development allowances, i.e., deviations or variations from the underlying zoning provisions set forth outside this chapter may be approved provided the applicant specifically identifies each such site development allowance and demonstrates how each such site development allowance would be compatible with surrounding development, is in furtherance of the stated objectives of this section and is necessary for proper development of the site.

(Ord. No. O19-05-06, § 3, 5-21-2019)

The following steps are provided to assure the orderly review of every planned development application in a timely and equitable manner:

14.7.5.1. Pre-filing review and transmittal of application.

1)

Conference.

a)

A prospective applicant, prior to submitting a formal application for a planned development, shall meet for a pre-filing conference(s) with the Director of Community Development, the Director of Community Development, and any other Village official or employee designated by the Director of Community Development. The purpose of the conference(s) is to help the applicant understand the Comprehensive Plan, the Zoning Title, the site development allowances, the standards by which the application will be evaluated, and the application requirements.

b)

After reviewing the planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed planned development. Such request shall be made in writing prior to the submission of the formal application documents.

c)

All requests for waiver shall be reviewed within fifteen (15) working days by the Village Board. A final determination regarding the waiver shall be given to the prospective applicant following the decision.

d)

The applicant, prior to submitting a formal application for a planned development, will be required to schedule a meeting to discuss the proposed planned development and its impact on area residents. If such a meeting is required, the applicant shall send a written notice of the meeting via mail to all taxpayers of record and residents for all property within two hundred fifty (250) feet of the proposed planned development. Such notice shall be mailed not less than fifteen (15) days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the Director of Community Development. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.

2)

Filing of Application. Following the completion of the prefiling conference(s), the applicant shall file an application for a planned development in accordance with this section. The Director of Community Development shall deliver copies of the application to other appropriate Village departments for review and comment.

3)

Deficiencies. The Director of Community Development shall determine whether the application is complete. If the Director of Community Development determines that the application is not complete, he/she shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.

4)

Report on Compliance. A copy of the complete application and a written report incorporating the comments of Village staff and other agencies regarding the compliance of the proposed planned development with the requirements and standards of this section shall be delivered to the Board of Zoning, Planning and Appeals prior to the public hearing.

5)

Determination Not Binding. Neither the Director of Community Development's determination that an application is complete nor any comment made by the Director of Community Development or Village staff at a prefiling conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a planned development permit for the proposed planned development, or component part thereof, nor shall be intended or construed as a binding decision of the Village, the Board of Zoning, Planning and Appeals or any staff member.

14.7.5.2. Review and action by the Board of Zoning, Planning and Appeals.

1)

Upon receiving the report from the Director of Community Development, the Board of Zoning, Planning and Appeals shall hold at least one (1) public hearing on the proposed planned development. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with the provisions of this Section, State law and rules of procedure adopted by the Board of Zoning, Planning and Appeals.

2)

Notice of the required public hearing shall be published not more than thirty (30) nor less than fifteen (15) days before the scheduled hearing in a newspaper published in the Village or if there is none, then in a newspaper of general circulation in the Village and shall contain the following information:

a)

The identification number designation of the application;

b)

The date and time of the public hearing;

c)

The location of the public hearing; and

d)

The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed planned development and purpose of the public hearing.

3)

Notice of the required public hearing shall also be provided by posting a sign or signs on the property no less than fifteen (15) days prior to the public hearing. Failure to post such sign(s) and/or the removal or knocking down (by the Village or others) of the sign after posting but before the public hearing shall not invalidate, impair, or otherwise impact any planned development permit subsequently granted following such public hearing.

4)

Notice of the required public hearing shall also be provided by the applicant by U.S. Mail to the taxpayers of record and owners of record of the property which is the subject of the application (if different than the applicant), and the taxpayers of record and residents of all property within two hundred fifty (250) feet of the subject property. Such notice shall contain the information as is required in Subsection 14.7.5.2(2) of this title and shall be mailed not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing. The notice shall also include the name and address of the applicant for the planned development.

5)

The Board of Zoning, Planning and Appeals shall review the application, the standards and requirements established by this section, the report of the Director of Community Development, and any oral and written comments received by the Board of Zoning, Planning and Appeals before or at the public hearing. Within forty-five (45) days following the close of the public hearing and at a regular meeting, the Board of Zoning, Planning and Appeals shall present its findings addressing each of the standards set forth in this section and transmit such findings, together with a recommendation of approval, approval with conditions, or disapproval to the Village Board.

14.7.5.3. Review and action by the Village Board.

1)

Within sixty (60) days of receipt of the report and recommendation of the Board of Zoning, Planning and Appeals, and without further public hearing, the Village Board shall either

a)

Deny the application;

b)

Refer the application back to the Board of Zoning, Planning and Appeals for further review;

c)

Postpone further consideration pending the submittal of additional information, including any application requirement previously waived; or

d)

Adopt an ordinance approving the planned development permit.

2)

In approving a planned development permit, the Village Board may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this section and to prevent or minimize adverse impacts on other property in the immediate vicinity. Such conditions may include, but are not limited to: limitations on size, bulk, and location; requirements for landscaping, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the Village Board may deem to be in furtherance of the objectives of this section.

(Ord. No. O19-05-06, § 3, 5-21-2019)

1)

An application for a planned development may only be filed by one who has an ownership interest, or the agents thereof; or any contract purchaser or anyone holding an option to purchase the parcel of land on which the use or combination of uses is to be located.

2)

Applications for a planned development shall be filed with the Director of Community Development in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the Village. Every application shall contain, at a minimum, the following information, and related data:

a)

The names and addresses of the owner of the subject property, the applicant, and all persons having an ownership or beneficial interest in the subject property and proposed planned development.

b)

A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the particular applicant.

c)

A survey of, and legal description and street address for the subject property.

d)

A statement indicating compliance of the proposed planned development with the Comprehensive Plan; and evidence of the proposed project's compliance in specific detail with each of the "Standards for Review" for planned developments.

e)

A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts, public thoroughfares, transportation, and utilities.

f)

A scaled site plan of the proposed planned development showing lot area, the required yards and setbacks, contour lines, common space, and the location, floor area ratio, lot area coverage and heights of buildings and structures, number of parking spaces and loading areas.

g)

Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans of all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area of all uses or combinations of uses, and the floor area of the entire development.

h)

A landscaping plan showing the location, size, character and composition of vegetation and other material.

i)

The substance of covenants, easements, and other restrictions existing and any to be imposed on the use of land, including common open space, and buildings or structures.

j)

A schedule of development showing the approximate date for beginning and completion of each stage of construction of the planned development.

k)

A professional traffic study acceptable to the Village showing the proposed traffic circulation pattern within and in the vicinity of the area of the planned development, including the location and description of public improvements to be installed, and any streets and access easements.

l)

A professional economic analysis acceptable to the Village, including the following:

i.

The financial capability of the applicant to complete the proposed planned development;

ii.

Evidence of the project's economic viability; and

iii.

An analysis summarizing the economic impact the proposed planned development will have upon the Village.

m)

An environmental statement identifying existing natural and environmental resources and including a policy statement by the applicant expressing basic plans and procedures which will be utilized to ensure protection of the total physical setting of the development and related environs. Any environmental audits previously conducted for the site, including Phase I or Phase II Reports, or any information that is on file with the Environmental Protection Agency shall be submitted for review by the Village. This information may not be necessary if a letter from EPA is provided stating that the site is considered clean by EPA's standards.

n)

An analysis setting forth the anticipated demand on all Village services.

o)

A plan showing off-site utility improvements required to service the planned development, and a report showing the cost allocations and funding sources for those improvements.

p)

A site drainage plan for the commercial planned development.

q)

A written summary of residents' comments, pertaining to the proposed application, from any meeting held pursuant to subsection 14.7.5.1(1)(d) above.

3)

Every application must be accompanied by a fee in such amount as established from time to time by the Village Board to defray the costs of providing notice and contracting with independent professionals to review applications as required. Such professional costs may include but are not limited to engineering, legal fees, traffic analyses, environmental impact studies, land use design or other similarly related professional studies. Additional materials may be required during the review of a proposed planned development if determined necessary by the Board of Zoning, Planning and Appeals or the Village Board.

(Ord. No. O19-05-06, § 3, 5-21-2019; Ord. No. O21-06-02, § 12, 6-1-2021)

1)

Approval of the planned development permit by the Village Board authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the Village may require for the proposed planned development. The Village's Director of Community Development shall review applications for these permits for compliance with the terms of the planned development permit granted by the Village Board. No permit shall be issued for development which does not comply with the terms of the planned development permit.

2)

The Village Board shall direct the Director of Community Development to revise the Official Zoning Map to reflect the existence and boundaries of each planned development.

3)

Subject to subsection 14.7.7(7) below, an approval of a planned development permit by the Village Board shall be null and void if the recipient does not file an application for a building permit relative to the proposed planned development within twelve (12) months after the date of adoption of the ordinance approving the planned development permit.

4)

Subject to subsection 14.7.7(7) below, an approval of a planned development permit by the Village Board shall be subject to revocation if construction has not commenced within two (2) years and does not comply with the construction scheduled filed with the petition or exceeds four (4) years.

5)

Subject to Subsection 14.7.7(7) of this title, an approval of a planned development permit with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.

6)

An approval of a planned development permit with a master development plan shall be null and void if construction has not commenced or is not completed in accordance with the terms and conditions contained in the development master plan.

7)

An extension of the time requirements stated in subsections 14.7.7(3), (4), and (5) of this section may be granted by the Village Board for good cause shown by the applicant, provided a written request is filed with the Village at least four (4) weeks prior to the respective deadline.

8)

No application for a planned development which was previously denied by the Village Board shall be considered by the Board of Zoning, Planning and Appeals or the Village Board if it is resubmitted in substantially the same form and/or content within one (1) year of the date of such prior denial. In this regard:

a.

Director of Community Development shall review the application for a planned development and determine if the application is or is not substantially the same. An applicant has the right to request a hearing before the Village Board to appeal the determination of the Director of Community Development that the application is substantially the same, provided a petition for appeal is filed in writing with the Director of Community Development within ten (10) days of the Community Development Director's determination.

b.

The Village Board shall affirm or reverse the determination of the Director of Community Development, regarding whether the new application is in substantially the same form, within thirty (30) days of receipt of a petition for appeal.

c.

If it is determined that the new application is not substantially in the same form, then the applicant shall be entitled to continue with the application process and have it reviewed in accordance with the provisions of the Zoning Code.

(Ord. No. O19-05-06, § 3, 5-21-2019)

1)

Except as provided in subsection 14.7.8(2) below, any modifications to an approved planned development permit or any addition to or expansion of an existing planned development permit shall require separate review and approval under the provisions of the Zoning Code.

2)

A minor change is any change in the site plan or design details of an approved planned development permit which is consistent with the standards and conditions applying to the planned development permit and which does not alter the concept or intent of the planned development. A minor change shall not increase the planned development's density, increase the height of buildings, reduce open space, modify the proportion of housing types, change or add new parking areas, alter alignment of roads, utilities or drainage, amend final development agreements, provisions or covenants, or provide any other change inconsistent with any standard or condition imposed by the Village Board in approving the planned development permit. Said minor change may be approved by the Director of Community Development without obtaining separate approval by the Village Board. In addition, the Village Board may, after reviewing the request for a minor change made by the applicant, direct the Director of Community Development to process the request other than as a minor change.

(Ord. No. O19-05-06, § 3, 5-21-2019)