Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.3. Rezoning

Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that: a. A General Rezoning application for any land may also be initiated by the Planning Director, Planning and Zoning Board, or Town Council. b. A Conditional Rezoning application may be submitted only by the owner(s) of the property or properties proposed to be rezoned or a person duly authorized to submit the application on behalf of the owner(s). The application may propose conditions in the form of text and/or plans and maps. Unless accompanied by an application for Conceptual Master Plan Approval (Section 2.5.4), a Conditional Rezoning application shall include a sketch plan. c. A Planned Development Rezoning application may be submitted only by the owner(s) of the property or properties proposed to be rezoned or a person duly authorized to submit the application on behalf of the owner(s). The application shall include a PD Plan/Agreement that depicts the general configuration and relationship of the principal elements of the proposed development (uses, intensity, circulation, open space, public facilities), outlines how the development will be phased and served by public facilities, and provides for unified management. (See Section 3.7.1.E.1, PD Plan/Agreement.) d. The applicant for a General Rezoning application may only change the application into a Conditional Rezoning application by withdrawing the General Rezoning application before provision of or final arrangement for required notice of the public hearing meeting and submitting an application for Conditional Rezoning. The Conditional Rezoning application is subject to additional application fees to defray the additional processing costs. The Planning Director shall review the application, allow revisions of the application, and prepare a staff report and recommendation in accordance with Section 2.4.4. Scheduling and Public Notice of Meetings The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5. Planning and Zoning Board Review and Recommendation The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6, except that the recommendation shall address whether the proposed rezoning is consistent with the Comprehensive Plan, and the board shall take action on the application for a General Rezoning within 60 days after the meeting at which it first reviews the application—provided, however, that the board may vote to extend this time period to up to 90 days for good cause. Staff Review and Recommendation

Town Council Review and Decision

The Town Council shall review the application, hold a standard public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions.

a. A decision on a General Rezoning application shall be one of the following:

(1) Approve the application as submitted;

(2) Approve a rezoning to a more restrictive district, with the applicant’s consent;

(3) Deny the application; or

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 2-29