Unified Development Ordinance

Article 4.7. Planned Development (PD)

Article 4.7. Planned Development (PD) aaron.sheppard… Mon, 05/08/2023 - 10:15

Sec. 4.7.1. Establishment of a PD District

Sec. 4.7.1. Establishment of a PD District aaron.sheppard… Tue, 05/23/2023 - 10:20

A PD District is a customized zoning district that must be approved along with a Planned Development Master Plan in accordance with Sec. 10.2.4.

Sec. 4.7.2. Modification of Standards

Sec. 4.7.2. Modification of Standards aaron.sheppard… Tue, 05/23/2023 - 10:21
  1. Except as noted in this Article, development in a PD District must conform to all applicable provisions of this UDO.
  2. The PD District allows modification of the following, as approved by the City Council under Sec. 10.2.4.:
    1. Chapter 2. Residential Districts;
    2. Chapter 3. Mixed Use Districts;
    3. Chapter 6. Use Regulations;
    4. Chapter 7. General Development Standards;
    5. Article 8.3. Blocks, Lots, Access;
    6. Article 8.4. New Streets; and
    7. Article 8.5. Existing Streets.
  3. A PD district may be of any size. A PD District that specifies a single structure must include a mixed use building type. A PD District that includes multiple buildings must include at least one of the following building types: townhouse, apartment, mixed-use building or a general building. For a PD District with multiple buildings, at least 2 building types must be included in the first phase of development.
  4. Proposed density modifications in the districts that permit residential uses may propose lower maximum densities than the district currently allows, but cannot propose densities that exceed the district maximum.
  5. Proposed use changes may remove a use or convert a permitted or limited use to a special use, or convert a permitted use to a limited use, but cannot allow a prohibited use, make a special use a permitted or limited use or make a limited use a permitted use.
  6. Proposed modifications to the street cross-sections within Article 8.4. New Streets may only be requested for Sensitive, Local and Mixed Use Streets. Major Streets, Industrial and Service Streets and Accessways may not be modified or altered. The approval of alternative street cross-sections and minimum block length standards may not cause the Level of Service to fall below Level of Service D (LOS “D”). G. Each Planned Development is required to provide at least 10% of the gross site area as open space. This open space shall adhere to Sec. 2.5.
  7. If modifications to the maximum block standards in Sec. 8.3.2 are proposed, a pedestrian passage meeting the standards of 8.5.8.b must be provided in the future site plan or subdivision that maintains the same connectivity that the block perimeter standard would have required. 

    A pedestrian passage is not required if it would be obstructed by any of the following: i. existing improvements where the value of such improvements is more than twice the land value of the parcel on which the improvements are located; railroad, controlled access highway, steep slopes in excess of 25% within 10 feet of the property line, or watercourse that has one (1) square mile of drainage area or more. 

Sec. 4.7.3. Allowed Sign Modifications

Sec. 4.7.3. Allowed Sign Modifications aaron.sheppard… Tue, 05/23/2023 - 10:21

Within a PD District, the requirements of Article 7.3. Signs may be modified in accordance with Sec. 10.2.21. Custom Signage Plan. A request for the establishment of a PD District may be filed concurrently with a Custom Signage Plan.

Sec. 4.7.4. Application Requirements

Sec. 4.7.4. Application Requirements aaron.sheppard… Tue, 05/23/2023 - 10:22
  1. In addition to a rezoning application, a PD Master Plan Application must include the following required elements. More than one required element may be combined onto a single map/plan sheet so long as legibility is not adversely impacted.
    1. Vicinity Map.
    2. Existing Conditions Map.
    3. Street and Block Plan.
    4. General Layout Map delineating the boundaries of all general and overlay zoning district boundaries including Height and Frontage designations (if any) 
    5. In lieu of designating Height and Frontages on the General Layout Map, a Detailed Layout Map may be included that specifies the maximum and minimum building heights, maximum and minimum building setback lines for all structures and parking areas, and locations of nonresidential land uses.
    6. Description of modifications to general district use regulations made in accordance with Sec. 4.7.2.E.
    7. Development Plan showing the location of proposed building types.
    8. Pedestrian Circulation Plan.
    9. Parking Plan.
    10. Open Space Plan.
    11. Tree Conservation Area Plan, if the site is 2 acres in size or larger.
    12. Major Utilities Plan.
    13. Generalized Stormwater Plan.
    14. Phasing Plan, if more than one phase is contemplated.
    15. If residential lots to be created are less than 4,000 square feet in size, a Utility Service Plan shall be required.
    16. An illustrative 3-dimensional model or rendering that shows building elevations, location of streets and prominent site features. The 3-dimensional model must illustrate the potential massing and scale of the proposed development, but will not be regulatory.
    17. Common Signage Plan (see Sec. 7.3.16.H.).
    18. Residential Buffer Plan.
  2. Each application must also include the following.
    1. The specific standards intended to be modified as part of the approval process. If a standard of this UDO is not listed as being modified, then the standard is considered applicable and must be adhered to. However, subsequent requests for alternative compliance and variances may still be submitted.
    2. The proposed maximum number of dwelling units by building type for each PD subdistrict.
    3.  The proposed maximum square footage of nonresidential floor area by building type for each PD subdistrict. 
    4. For all Master Plans that include a Mixed Use District, a general description of how the PD District conforms with the Urban Design Guidelines for Mixed Use Developments in the Comprehensive Plan and the General Design Principles for PD Districts listed in Sec. 4.7.5.
    5. A general description of how the PD District conforms with the Comprehensive Plan.
    6. A description of how the PD District meets the intent of Sec. 4.1.1.F.
  3. In lieu of the establishment of a property owners' association, if a unit of government or its institutions owns all of the land in the Planned Development District, it may contract with the City of Raleigh to be fully responsible for the maintenance, repair and replacement of open space areas, private drives and walkways, private utility lines located outside City of Raleigh utility easements or public street rights of way, stormwater control facilities and any other shared facility not conveyed to the City which serves more than one lot in a Planned Development District.
  4. The open space shall be available to all persons within the development. This contract shall further provide that if any portion of the Planned Development District is sold to a non-governmental entity without first establishing a property owners' association, the property shall automatically and without further public hearing be rezoned to the zoning district(s) which preceded the establishment of the Planned Development District.
  5. A memorandum of this contract describing the property and the provisions of the contract shall be recorded with the local county register of deeds office. All documents required herein shall be submitted prior to the recording of any plats or issuance of any construction permit in those instances where the property is already subdivided.

Sec. 4.7.5. General Design Principles

Sec. 4.7.5. General Design Principles aaron.sheppard… Tue, 05/23/2023 - 10:22

If applicable, the following general design principles will be considered when reviewing an application for a PD District.

  1. When at least 20 residential units are proposed, the project includes a variety of housing stock that serves a range of incomes and age groups, and may include detached houses, attached houses, townhouses, apartments and dwelling units above first floor commercial spaces.
  2. Uses are compact and well-integrated, rather than widely separated and buffered.
  3. Compatibility among different uses is achieved through effective site planning and architectural design.
  4. A variety of business types are accommodated, from retail and professional offices to live-work. Office uses vary from space for home occupations to conventional office buildings. Retail uses range from corner stores to larger format supermarkets.
  5. Special sites, such as those at a terminated vista, are reserved for public or civic buildings and spaces that serve as symbols of the community, enhancing community identity.
  6. The project includes a variety of street types designed to be accessible to the pedestrian, bicycle and automobile. Streets are connected in a way that encourages walking and reduces the number and length of automobile trips.
  7. Bicycle circulation is accommodated on streets and on dedicated bicycle paths, greenways or trails with adequate bicycle parking facilities being provided at appropriate locations.
  8. Building facades spatially delineate the streets and civic spaces, and mask parking lots.
  9. Architecture and landscape design are based on the local climate, topography, history and building practice.
  10. The project includes open space as a significant element of the project's design. Formal and informal, active and passive open spaces are included. Open spaces may include, but are not limited to, squares, plazas, greens, preserves, farmers markets, greenways and parks.
  11. The project is compatibly integrated into established adjacent areas, and considers existing development patterns, scale and use.
  12. The project is a clearly identifiable or legible place with a unique character or unique tradition.
  13. Public art, including but not limited to, monuments, sculpture and water features, is encouraged. 
  14. N. Entertainment facilities, including but not limited to, live music venues and theatres, are encouraged.

Sec. 4.7.6. Master Plan Amendments

Sec. 4.7.6. Master Plan Amendments aaron.sheppard… Tue, 05/23/2023 - 10:22

Any amendment to an approved PD Master Plan, including those approved prior to September 1, 2013, shall follow the procedures below.

  1. Administrative Amendments
    The Planning Director shall administratively approve PD Master Plan amendments that propose any of the following alterations.
    1. An increase or decrease to the allowable residential density, total number of dwelling units not to exceed 10%.
    2. An increase or decrease to the minimum required nonresidential square footage or maximum permitted nonresidential square footage, not to exceed 10%.
    3. An increase to allowable height (as measured in feet), provided the increase does not exceed the maximum number of feet permitted by story in the height categories contained within Article 3.3. Height Requirements The Planning Director may not administratively approve an increase in number of stories as specified in the Master Plan.
    4. A transfer of nonresidential floor area or residential dwelling units, from one area to another, not to exceed a 20% maximum for each standard.
    5. Minor adjustments in location of building, parking and open space areas. A minor adjustment shall be a modification in orientation or distance to property line; however, the adjustment shall not exceed 100 feet in distance from the approved location, and shall not be located any closer than 50 feet to the boundary of the PD District. However, where a building or parking area is shown on the approved Master Plan within 50 feet of a property line, the building or parking area adjustment may not be located any closer to the property line than as shown on the approved Master Plan. An adjustment to the location of transit facilities is permitted, provided the adjustment occurs prior to the recordation of the transit easement.
    6. An exchange of open space area, provided the exchanged properties are of like acreage, value and utility and that no tree conservation area or Open Space Plan has been recorded for the requested exchanged properties with register of deeds office in the county where the property is located 
    7. An exchange of above ground stormwater control facilities of like size. The Planning Director may not administratively approve the relocation of an above ground stormwater facility to a location closer than 50 feet from the boundary of the PD District.
    8. A relocation of access points, driveways or sidewalks either within or outside of the public right-of-way with the concurrence of the Development Services Department.
    9. A relocation of a fence, wall, sign or utility. Fences or walls required for transition areas or buffer yards may not be removed or relocated to an area that conflicts with the buffering requirement.
    10. Any requirement associated with a permitted change must be shown on the Master Plan. By example, if a 10% increase in density requires a different street cross-section, the street cross-section must be updated on the Street and Block Plan.
    11. Modifications to the approved unified sign criteria for the master plan area with the concurrence of the Development Services Department.
      1. Color, design and script alterations.
      2. Reallocation of maximum square footage within the master plan area.
      3. The addition of a ground sign in excess of the provisions in Article 7.3, provided:
        1. No more than one ground sign may be added administratively; 
        2. The master plan must be at least 25 acres in size; contain at least 60,000 developed square feet of non-residential uses and at least 200 developed dwelling units;
        3. The ground sign must be at least 250 feet from any other ground sign within the master plan area and at least 200 feet from a mixed use building; and iv. All other provisions of Article 7.3 are met.
  2. Non-Administrative Amendments
    Any other amendment not listed in Sec. 4.7.6.A. shall be subject to the rezoning process specified in Sec. 10.2.4.
  3. Existing Master Plan Documents
    All PD Master Plans in existence prior to September 1, 2013, shall not be considered nonconforming; where conflicting provisions exist in this UDO, these previously approved Master Plans may be constructed in accordance with the approved Master Plan.
  4. Committed Elements
    Where a PD Master Plan specifies certain committed timed elements, the applicant may request an extension for up to 1 year, to be granted by the Planning Director provided development within the PD District or in the vicinity has not created the need for the committed timed elements.