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Charlotte City Zoning Code

ARTICLE XXIII

PLANNED DEVELOPMENT DISTRICT

§ 82-496 INTENT.

   The PD Planned Development District is intended to permit the private or public development or redevelopment of areas throughout the city which shall be substantially in accord with the goals and objectives of the future land use plan for the city. The reuse and new development patterns of the areas involved shall provide a desirable environment and shall be harmonious to the general surrounding uses permitting flexibility in overall development while insuring adequate safeguards and standards for public health, safety, convenience and general welfare.
(1993 Code, § 82-496) (Ord. passed 3-10-1997)

§ 82-497 PROCEDURE FOR APPLICATION.

   Application shall be made to the Planning Commission for consideration under this District. The applicant may be required to submit the following materials for review and recommendation to the City Council:
      (1)   Property area survey of the exact area being requested;
      (2)   Proof of ownership of land being requested for rezoning;
      (3)   Topographic map of the entire area at a contour interval showing 1 foot changes in elevation. This map shall indicate all natural and man-made features. (Scale 1 inch = 50 feet);
      (4)   Preliminary plan of the entire area carried out in such detail as to show the land uses being requested, the densities being proposed where applicable, the system of collector streets and off- street parking system;
      (5)   Written statement explaining in detail the full intent of the sponsor indicating the specifics of the development plan as it relates to the type of dwelling units contemplated and resultant population, the extent of the nonresidential development and the resultant traffic generated and parking demands created, and providing supporting documentation such as, but not limited to, market studies, supporting land use request, and the intended scheduling of development.
(1993 Code, § 82-497) (Ord. passed 3-10-1997)

§ 82-498 PRELIMINARY APPROVAL.

   Approval of the preliminary plan by the City Council shall be effective for a period of 3 years. The preliminary plan approval may be extended by the Council for up to 2 years, upon the request of the applicant. In reviewing and approving the plan, the following conditions shall be set forth.
      (1)   The preliminary plan shall be reviewed and recommendation shall be made by the Planning Commission relative to the plan's meeting the general intent and the requirements of the future land use plan and guidelines for planned developments.
      (2)   Approval shall be given only after public hearing and shall be granted by rezoning the area to the PD District. Approval under this section is based on the plan submitted and the supporting documentation, and the plan, therefore, is basic to the rezoning.
      (3)   Once an area has been included within the PD District by having been granted preliminary approval, no development shall take place therein nor use made of any part thereof, until a final plan has been approved by City Council.
      (4)   Approval of the preliminary plan by the City Council shall not constitute approval of the final site plan; however, it shall be deemed as approval of the land use plan submitted and shall serve as a guide in the preparation of the final plan.
      (5)   The proposed PD District shall be of such area as to represent a substantial carrying out of the land use plan, it not being the intention of this district that an unrelated parcel by parcel rezoning be effectuated.
      (6)   Changes or amendments to the preliminary plan shall be reviewed and approved by the City Council. A public hearing may be required if the Council deems it necessary.
(1993 Code, § 82-498) (Ord. passed 3-10-1997)

§ 82-499 FINAL PLAN SUBMITTAL.

   A presentation of the final site plan shall be made to the Planning Commission for review and recommendation.
      (1)   A final site plan for the entire area being requested under this PD District shall be submitted. This plan shall be worked out in detail showing specific uses, building location, building elevations, off-street parking, street alignment changes, open spaces, drainage utilities, and other physical plan details being proposed. The plan may be phased; however, detail relative to streets, infrastructure, and other items deemed necessary shall be provided about future phases in order to insure consistency and continuity. Supporting documentation in the form of building plans and schedules of construction may also be required.
      (2)   The final plan shall be in substantial compliance with the Guidelines for Planned Developments of current adoption.
      (3)   The final plan shall reflect the use patterns as approved in the preliminary plan. Minimum development standards are set forth in § 82-502.
      (4)   A landscape plan shall be submitted with the final plan.
      (5)   Plats, condominium documents, and similarly approved official documents may be used to satisfy final plan submittal requirements. Final plan, final plat, and condominium approval may be sought concurrently. Additional information may be required for final plan approval.
(1993 Code, § 82-499) (Ord. passed 3-10-1997)

§ 82-500 FINAL APPROVAL.

   Approval of the final plan shall be effective for a period of 2 years. If development has not commenced in this period, the Planning Commission shall review progress to date and make a recommendation to the City Council as to action relative to permitting continuation under original approval. In reviewing and approving the final plan, the following conditions shall be set forth.
      (1)   Approval shall be granted by the City Council after review and recommendation by the Planning Commission. Public hearings may be required on the final plan.
      (2)   All dedications of public rights-of-way or planned public open spaces shall be made prior to any construction taking place on the site.
      (3)   In residential redevelopment areas, any prorated open space shall be irrevocably committed and retained as open space for park, recreation and related uses. All such lands dedicated in fee or easement shall meet the requirements of the City Council.
      (4)   Upon approval by the City Council of this chapter amendment, the site, building elevations and other development proposals, including the proposed uses, shall become an integral part of the zoning amendment to the PD District and for purposes of recordation, shall be referred to as "Planned Development No. " which number shall correspond to the number of the amending ordinance. All proposed plans shall be filed with the City Clerk.
(1993 Code, § 82-500) (Ord. passed 3-10-1997)

§ 82-501 REQUIRED CONDITIONS.

   Before approving the plan in either the preliminary or final submittal, the Planning Commission and the City Council shall determine that:
      (1)   Provisions, satisfactory to the City Council, have been made to provide for the financing of any improvements shown on the open spaces and common use areas which are to be provided by the applicant and that maintenance of such improvements is assured by a means satisfactory of the City Council;
      (2)    The cost of installing all streets, necessary utilities, and other improvements has been assured by a means satisfactory to the City Council;
      (3)   The final plan of each project area of the approved plan is in conformity with the overall approved plan. Any changes or amendments requested shall suspend approval on the overall plan until such changes or amendments have been reviewed and approved as in the instance of the first submittal;
      (4)   Proceeding with a Planned Development District shall only be permitted if it is mutually agreeable to the City Council and the developer.
(1993 Code, § 82-501) (Ord. passed 3-10-1997)

§ 82-502 MINIMUM DEVELOPMENT STANDARDS.

   (A)   The minimum setback between buildings and/or structures shall be 10 feet.
   (B)   Parking shall be provided in accordance with § 82-455 of the zoning ordinance.
   (C)   Signs shall be in accordance with § 82-461, except no freestanding sign shall exceed 40 square feet per sign face, and shall not exceed 20 feet in height above grade. Ground signs if used in lieu of the allowed freestanding sign may have 50 square feet per sign face.
(1993 Code, § 82-502) (Ord. passed 3-10-1997)