Appendix 3207. Conditional use planned unit development overlay.

3207.1. The planned unit development district is established to foster the blending of various land uses including, but not limited to, residential, light commercial, office and recreational structures, which would not otherwise be possible under general district requirements. The purpose of this district is to promote economical and efficient patterns of land use which are sensitive to natural features and site amenities and allow for the accumulation of large areas of open space with the flexibility in design not afforded in other residential zoning districts. The planned unit development district is intended to provide flexibility within the constraints of the county's land use plan in situations where the owners of the property present a development plan which is found to be in the public interest and which provides necessary urban services and improvements required by this ordinance and the county's policies for growth and development.

The planned unit development may focus on resort amenities, such as golf, tennis, swimming, boating, with occasional club buildings and supporting commercial establishments for the PUD residents and their guests. All structures must be similar in design and structure to allow for a blending among land uses. The dedication of common open space shall be utilized as a tool to create a resort atmosphere as well as enhance the visual character of the development.

The PUD district shall be allowed as an overlay to the existing residential districts. Development densities shall follow the prescribed minimum lot size for the underlying district, unless 1) density credits are applied to individual lots in sections of the PUD according to the requirements of the density bonus chart, or 2) the planned unit development qualifies for varying development densities under the flexible PUD provision.

The PUD district requires approval of a master plan, as well as preliminary and final plats for each section or phase. The approval process is outlined in section 3207.9 of this ordinance.

3207.2. District regulations.

a)

Minimum district size. The PUD tract must consist of a contiguous land area of acceptable size as deemed appropriate by the planning commission. It must be under single ownership or presented as a petition signed by all owners.

b)

Maximum building height. The maximum building height for residential, commercial, and office units is 50 feet. Group housing developments have a maximum height restriction of 50 feet.

c)

Building setback and separation. Buildings located on the periphery of the PUD tract must be set back a minimum of 30 feet from the PUD tract boundary line. Structures taller than 35 feet shall be required to be set back 30 feet plus an additional one foot for each additional two feet in height. All structures shall be set back at least ten feet from all pedestrian and bicycle paths, 25 feet from all public and private streets, and 40 feet along all US and NC numbered highways and major thoroughfares as defined. In no case shall any part of a detached, single-family dwelling be closer than 20 feet to any part of any other detached, single-family dwelling and in no case shall any part of a multiple-dwelling unit be located closer than 30 feet to any part of another dwelling unit or nonresidential buildings.

d)

If the planning director deems the PUD use to be inconsistent with adjoining land uses, a buffer according to section 1601 shall be installed in accordance with the ordinance requirement.

e)

Land use mixture. As per the table of permitted and special uses, limited commercial, office, recreational and resort-associated structures are permitted in a PUD development, however, they shall be of similar construction concepts, designed to blend with one another in physical appearance and in accordance with the conventional requirements for business zoning districts. Commercial land uses shall not constitute more than five percent of the gross acreage of the PUD tract.

f)

Public services. Public services, such as water and sewer, shall be provided within the PUD. The size and capacity of the systems shall exceed the projected requirements by 30 percent.

g)

Definition of net acreage. The net acreage of a PUD tract shall be defined as the acreage for the entire tract, minus ten percent for necessary infrastructure. Commercial land uses shall not be included within the tract net acreage.

3207.3. Open space requirements. Open space shall be defined as an area or facility designated on the PUD master plan as "common area" which will be held in ownership for the use and benefit of residents of the dwelling units. Common open spaces may contain structures and improvements desirable for religious, educational, noncommercial, recreational or cultural uses. To qualify as common open space, land shall have a minimum width of 20 feet that is unoccupied by street rights-of-way, drives, parking areas or structures other than recreational structures. In waterfront developments, required open space may be utilized in conjunction with public water access facilities prescribed by the Carteret County Subdivision Regulations. Certain open space areas, such as golf courses or tennis courts, may be provided as open space and held in private ownership. If approved as open space for the PUD, a use dedication shall be required for the open space area at the time of recordation of the final plat.

a)

Location of open space. Open space may be natural or landscaped for the use of active or passive recreation and should be located so as to be conveniently accessible to all residents of the development.

b)

Conveyance and maintenance of open space. All common open space designated on the master plan and recorded in the office of the register of deeds, must be conveyed by the following method:

1.

By leasing or conveying title (including beneficial ownership) to a corporation, association or other legal entity as indicated in section 3207.7 (Homeowner's association). The terms of such lease or other instrument of conveyance must include provisions suitable to the planning commission for guarantees of:

.01

The continued use of such land for its intended purposes through provisions in deeds to each parcel to be served by the common area or facility;

.02

Responsibility for and continuance of proper maintenance for the portions of the open space requiring maintenance;

.03

Assurance that the open space shall be made available in its improved state as set forth on the site development plan in accordance with an approved time schedule;

.04

Financial arrangements shall be made to ensure the improvement and/or maintenance of said common space facilities;

.05

A legally binding use dedication shall be recorded at the time of final approval for open space areas dedicated to specific uses, such as golf courses, tennis courts, playgrounds, etc.

c)

Amount of open space required. PUD developments shall reserve no less than 25 percent of the gross tract acreage as open space. Said open space shall be proportionally distributed throughout the total residential area as nearly as possible.

d)

Substitution of amenities for open space. When deemed appropriate by the planning commission, an amenity may be approved as a substitute for the required open space in any phase of the project. If an amenity is approved as all or part of the required open space, performance guarantees may be requested if said amenity is not completely constructed upon presentation for final approval.

3207.4. Maximum density standards. High density development shall be encouraged where adequate public services are available and where environmental impacts will be minimal. The allowable densities within the PUD shall be consistent with this section of this ordinance, in addition to the policies and land classification system in the Carteret County Land Use Plan. Commercial land uses shall not be included in the total tract acreage when computing land use density. The following restrictions shall apply:

a)

The residential density factor of the PUD shall be five dwelling units per net acre if the project is located within the urban transition area. Densities within the limited transition areas shall be no greater than 2.9 units per net acre.

b)

Residential units shall not be allowed at a density greater than 2.5 units per net acre in areas classified community.

c)

Residential units shall not be allowed at a density greater than 2.1 units per net acre in areas classified as rural and rural with services. Residential units shall not be allowed at a density greater than 1 unit per gross acre in areas classified as conservation. In cases where a PUD includes rural and conservation areas, then densities may exceed 2.1 units per net acre in the rural area, provided the number of units per gross acre in the conservation area is reduced by an equal amount.

d)

If the PUD is located within the transition area, the residential density factor of the PUD may be increased by using the density bonus chart as shown below. An increase in density from 5 to 12 dwelling units per acre requires a total score of 65 points or more. An increase in density from 12 to 20 units per acre requires a total score of 165 points or more.

e)

Density bonus chart. Points shall be assigned to each PUD development that meets the following criteria:

Points	Criteria
10	Project is located immediately adjacent to a thoroughfare.
15	If the PUD is located in a manner that satisfies at least two of the following criteria:
	* Within one road mile of a neighborhood convenience store offering basic grocery and consumer items;
	* Within two miles of a community shopping center. A community shopping center is defined as a site within a common parking area, a grocery store and at least two of the following types of retail establishments: drug store, hardware store, dry cleaners, variety retail, department store, discount store or restaurant;
	* Within three miles of a regional shopping center consisting of over 100,000 square feet of retail space for sales and storage.
25	PUD is located at least ½ mile inland of coastal wetlands, estuarine waters, estuarine shorelines, ORWs and public trust waters.
20	All structures are located beyond the 100-year floodplain as designated on the county's official flood insurance rate maps.
15	Bus or shuttle transportation is located within ¼ mile of the project.
30	Project provides a solid waste transfer or compaction station.
10	Project is located within three miles of a public park and recreation facility.
30	At least 5 percent of the total number of dwelling units in the PUD are designated and reserved on the master plan for either handicapped persons or households with incomes less than the gross median income for Carteret County.
50	PUD provides public access and public waterfront facilities are provided such as docks, piers and boat ramps. In order to qualify for points, public accesses must be provided at a rate of two per quarter-mile of shoreline.
20	Alternative energy systems supply at least 20 percent of the total nonrenewable energy consumption for space and hot water heating.
20	Project provides recreational facilities other than tot lots and mini-parks. These recreational facilities may include, but are not limited to, tennis courts, golf courses, ball fields, basketball courts and community recreation buildings. Points will be awarded at a rate of one point for each $5,000.00 of investment (not including land or design costs), up to a maximum of 20 points. Adequacy of design and improvements and cost estimates will be evaluated by the county parks and recreation director.

 

3207.5. Improvements needed. The following minimum improvements and public services shall be provided in accordance with all standards set by the County or appropriate state or local agency:

a)

Adequate water supply and wastewater disposal facilities;

b)

Fire hydrant and water supply systems that meet the standards specified in Volume 2, Standard 24 of the National Fire Protection Association Fire Code as amended, when required;

c)

Street lights, at the rate of one fixture per 500 linear feet or less of public or private roadway;

d)

Audible fire alarm systems connected directly to the county's communication center for all structures other than single-family and duplex residential when possible. When applicable, fire alarm systems may be required to be connected directly to the appropriate fire station;

e)

Roads shall be constructed to the minimum paving standards specified in subdivision roads minimum construction standards, July 1, 1985 (as amended);

f)

Offstreet parking shall be provided in accordance with section 2000 of this ordinance;

g)

A 10-foot utility easement shall be retained at the front of all single-family and multifamily lots.

3207.6. Other requirements. The developer shall provide written documentation from the appropriate agencies to ensure that an adequate level of services shall be provided to anticipate the impact of build-out of the PUD. The documentation shall indicate that the applicant has held a formal conference with the proper authorities. The existing level of services delivered shall be addressed, as well as the expected demand brought on by the proposed development. Additional equipment, personnel or other resources required to accommodate the impacts of the development shall be addressed. The following agencies shall be consulted when deemed appropriate:

Carteret County Sheriff's Department.

Carteret County Fire Marshal.

Carteret County Schools Superintendent.

Carteret County Environmental Health Supervisor.

North Carolina Department of Transportation.

NC Department of Environment, Health and Natural Resources (DEHNR).

Division of environmental management (if appropriate).

DEHNR Division of Health Services.

Other agencies as deemed appropriate.

Multifamily dwelling and group housing projects shall meet the requirements of the Carteret County Group Housing Ordinance. If any ordinance regulations conflict, the restrictions described in this ordinance shall apply.

Signs shall be limited to the requirements of section 2100 of this ordinance.

Offstreet parking shall be provided for automobiles in accordance with section 2000. The gross area for required parking spaces, aisles and turning areas may be redistributed to group parking on commonly owned land and shall provide special accommodations for recreational vehicles, including boats, located away from the residential areas in common open areas.

All abutting property owners shall be notified of the proposed rezoning.

The procedures for establishing a flexible PUD are described in section 3207 of this ordinance.

3207.7. Homeowner's associations. Homeowner's associations shall be required for all PUDs. The following requirements shall be applied whenever a homeowner's association is established for residential developments:

a)

When a plat or map is to be recorded, the map or plat shall contain a certificate indicating the book and page number of the homeowner's association covenants, conditions and restrictions. When the covenants for a development are recorded, the deed book and page number of the plat shall be so indicated.

b)

Responsibilities for maintenance of private streets, open space, recreation facilities and other common areas shall be specified.

c)

Responsibilities for exterior maintenance of attached dwelling units shall be specified.

3207.8. Required master land use plan. A master land use plan and documents required within this section shall be submitted with the rezoning petition. The master land use plan shall consist of an overall development plan showing existing and proposed development for the planned unit development as a whole.

Contents of the master land use plan shall include:

a)

Scale of not less than one inch to 200 feet;

b)

North arrow (tied down);

c)

Vicinity map;

d)

Owner's name and address;

e)

Name of development;

f)

Developer (if different from owner);

g)

Names of design team;

h)

Date of plan;

i)

Boundary line of proposed PUD district;

j)

Topographic information at 2-foot contour intervals;

k)

All watercourses, flood zones, mean high-water lines, AEC areas, ORWs and 404 wetlands;

l)

Location of wooded areas;

m)

Recreation areas and facilities;

n)

Street layout and traffic circulation pattern;

o)

Pedestrian and bicycle circulation systems;

p)

CAMA land use plan land classification;

q)

Residential areas with projected density and planned housing types;

r)

Total tract acreage;

s)

Commercial, industrial and office and institutional areas with proposed land use, estimated square footage and acreages;

t)

All adjoining land uses and zoning districts;

u)

School sites and recreational areas to be dedicated for public use, if applicable;

v)

Total acres occupied by street rights-of-way and parking areas.

The master land use plan shall be accompanied by the following:

1)

Names and addresses and parcel number of each property owner within the proposed planned unit development;

2)

Community property owners association proposed covenants;

3)

Proposed means of compliance with division of environmental management stormwater regulations' low density alternative, if applicable;

4)

A utility plan showing existing and proposed utility systems, including sanitary sewers, water, electric, gas, telephone and television lines, fire hydrants, street lighting and trash collection areas;

5)

A development phasing schedule including the sequence and approximate dates of each phase; and proposed phasing of construction of public improvements, recreation and common open space areas;

6)

Proposed means of dedication of open space areas and facilities and the organizational arrangements for the ownership, maintenance and preservation of common open space, wetland areas and stormwater management facilities;

7)

A statement of planning objectives including:

a)

An estimate of the total residential population at build-out;

b)

Identification of appropriate county land use plan policies achieved by the proposed planned unit development;

8)

An environmental impact statement can be required by the planning department, planning commission or county commissioners. The specific issues necessitating the EIS shall be described in writing to the applicant.

9)

An outline of the types of land uses anticipated within the PUD development.

3207.9. Procedural requirements for the establishment of a conditional use planned unit development overlay. A planned unit development shall be processed in four stages: sketch review, master land use plan review, preliminary plat review and final plat review. The sketch plan shall represent the applicant's general impression of anticipated pattern of development planned for the planned unit development. The master plan shall specify the uses of land and layout of landscaping, circulation and buildings. The preliminary plat shall be submitted to insure that the proposed development complies with all applicable federal, state, and local regulations and the final plat shall be the document on which building permits and other applicable county approvals are issued. Each stage shall be processed in the following order:

a)

Sketch review:

1)

This includes a preapplication conference with the planning director to discuss requirements, standards and policies prior to the submission of a formal planned unit development rezoning petition.

2)

A general outline of the proposed planned unit development (evidenced schematically by sketch plans or drawings showing the proposed location of the PUD, land use, major streets, site conditions, land characteristics, available community facilities and utilities and other applicable information) shall be submitted by the applicant to the technical review committee for comments.

3)

After the technical review meeting, the applicant shall notify the appropriate representatives of the various state and county agencies (county sheriff, board of education, etc.) to obtain preliminary comments on the proposed planned unit development. These comments shall be utilized by the applicant in preparing a formal rezoning petition.

b)

Master land use plan review:

1)

Application for a planned unit development shall be filed with the county planning department at least four weeks prior to the scheduled meeting date of the planning commission. All appropriate application materials, including a proposed master plan, shall be submitted to the planning department. An application fee shall also be submitted.

2)

The planning department shall review the master land use plan and shall process the application as a rezoning petition. The master plan will be scheduled before the planning commission after receipt of all application materials.

3)

The planning commission, following receipt of the planning department staff's recommendation, will review the rezoning petition and master land use plan with respect to its technical sufficiency and consistency with the county land use plan for policies on growth and development. The planning commission shall make advisory recommendations to the board of county commissioners.

4)

The board of county commissioners, following receipt of the planning commission's recommendation and following a public hearing held pursuant to proper notice, shall make the final decision as to whether the application and plat will be approved or disapproved. Approval of the master land use plan shall not constitute final plan approval; rather, it shall be deemed an expression of approval of the rezoning request and the overall design and densities as submitted on the master land use plan. The master land use plan shall be recorded in the Carteret County Register of Deeds after approval by the county commissioners. It shall remain valid unless a substantial change occurs within the master plan.

5)

The planning department must have a current and updated master plan on file for all PUD developments. Minor changes in the revisions to the master land use plan may be approved administratively by the county planning director, without additional public hearings, provided such changes do not result in:

i)

A change in the density of the PUD;

ii)

A change in the design of vehicular traffic routes;

iii)

A change in the open space dedication.

Any changes, other than minor changes, shall only be made by the county commissioners and must follow the same review and public hearing process required for other zoning ordinance amendments.

c)

Preliminary plat:

1)

Application for preliminary plat approval shall be made in accordance with the procedures described in the Carteret County Subdivision Regulations, as amended.

2)

The preliminary plat shall consist of a phase or section of the master land use plan as approved by the board of county commissioners.

3)

The planning commission shall review the plat to ensure its compliance with preliminary plat requirements as set forth in the subdivision regulations. Upon preliminary plat approval, the applicant is authorized to commence development of the PUD.

4)

The planning department must have a current master plan on file for all PUD developments. If any phase of the PUD deviates from the master plan on record, the changes must be approved by the planning commission prior to preliminary plat approval unless considered a minor change as defined in section 3207.9, b, 5.

5)

Final plat approval must be granted within a 12-month period after preliminary approval, otherwise preliminary approval shall be null and void.

d)

Final plat:

1)

Application for final plat approval shall be made in accordance with the Carteret County Subdivision Regulations, as amended.

2)

The final plat shall be in accordance with the master land use plan as approved by the Carteret County Board of Commissioners. No building permits shall be issued for development within the PUD (except for planned amenities) until the final plat has been approved, signed by the planning director and recorded in the Carteret County Register of Deeds.

3)

Failure to record the final plat within six months after approval by the planning commission shall make the approval null and void. The application for final approval must be resubmitted if the final plat is not recorded within the six-month time period.

4)

The planning department must have a current master plan on file for all PUD developments. If any phase of the PUD deviates from the master plan on record, the changes must be approved by the planning commission prior to preliminary plat approval unless considered a minor change as defined in section 3207.9, b, 5.

(Amd. of 11-3-04; Ord. of 10-19-09(7))