Sec. 656.393. - Rezoning procedures.

(a) Pre-application conference. Prior to the preparation of an application for rezoning to the traditional neighborhood development district, each applicant shall meet with the Planning and Development Department and other affected and/or interested City departments, and where applicable, regional and State agencies, representative of adjacent municipalities and counties, as deemed necessary by the Department, in connection with the preparation of an application for rezoning to the Traditional Neighborhood Development district. The general outlines of the proposal, evidenced schematically by site plan(s) and a written description of the intended plan of development, sufficient for the understanding of the proposed development, shall be provided by the applicant for consideration at such meeting(s), before the filing of such an application for rezoning. The purpose of the pre-application conference shall be to assist in bringing the overall application, as consistently as possible, into conformity with these and other regulations, to define specifically those variations from the usual application of the provisions of the Zoning Code, and to furnish the applicant with recommendations that would inform and assist with the preparation of the components of an application for rezoning to the Traditional Neighborhood Development district. (b) Authorization to file an application for rezoning to Traditional Neighborhood Development district. All applications for rezoning to the Traditional Neighborhood Development district, including applications for minor modifications thereto, shall be submitted to the planning and development department which shall verify that the application is complete and sufficient for review, including any specific requirements from the pre-application conference, prior to filing with the Building Inspection Division. (c) Required exhibits for an application for rezoning to Traditional Neighborhood Development. (1) An application for rezoning to Traditional Neighborhood Development district shall proceed in general as other applications for rezoning and in addition to the information usually required for such applications, a commitment by all owners within the boundaries of the proposed Traditional Neighborhood Development district which requires the following: (i) To proceed with the development in accordance with the site plan(s), written description of the intended plan of development and any condition(s) set forth by the Council in the ordinance which approves the Traditional Neighborhood Development district; and (ii) To bind their successors in title to proceed with the development according to subsection (c)(1)(i) of this Section. (2) An application for rezoning to the Traditional Neighborhood Development district shall, in addition to the aforementioned, be accompanied by the following, in sufficient copies as deemed necessary by the Planning and Development Department for referrals and recommendations: (i) Site plan(s), map(s), and drawing(s), or other graphic documents of the proposed Traditional Neighborhood Development district depicted at an appropriate scale as determined by the Department, shall indicate the following, unless it is determined by the Department that such exhibits are not necessary for review of the same: (A) The existing site characteristics including any significant variation of elevation, water course(s), unique natural features, and natural vegetation. (B) The location of all land uses by acreage, density including the number of dwelling units, intensity, and/or nonresidential floor area of such uses. (C) Dimensioned cross Sections showing the relationship between roadways, sidewalks, street trees and furniture, frontage walls, primary building setbacks, outbuildings setbacks, alleys, underground and aboveground utilities. (D) The existing and proposed vehicular circulation system, pedestrian circulation system, and points of ingress and egress to the development, including rights-of-way and paving widths. In addition, all existing and proposed rights-of-way, driveways, and median openings (if any) within 660 feet of the proposed development. (E) Site plan(s), map(s), drawing(s), traffic studies and/or other studies and reports, as may be required by the Department. All of the aforereferenced required exhibits may be required by the Department in order to make the findings, determinations and recommendations. Additional information as needed may be required by the Department during the review. (F) In addition to the aforementioned required exhibits, the Department may require information detailed to the point of the site plan(s) providing the building layout, elevations and/or other details related to site design for the proposed development consistent with the written description of the intended plan of development. (ii) A written description of the intended plan of development shall be submitted to the Department clearly describing the following: 1. Names of the project and the owner, developer, planner, architects and engineers. 2. Ownership and maintenance agreements of public use and civic use lots and buildings, alleys and roadways. 3. Approximate dates when construction of the phases are to be initiated and completed. 4. Continued operation and maintenance agreements. 5. Architectural standards. A legend including the following applicable information shall be provided as part of the site plan(s) in accordance with the following format: Total gross acreage (minimum 40 acres, maximum 200 acres) _____ Acres Greenbelt _____ Gross acres of neighborhood proper _____ Acres   Acreage and percentage of neighborhood proper of each different land use: _____ Public use tracts _____ acres _____% Civic use lots _____ acres _____% Shopfront use lots (2% minimum, 20% maximum) _____ acres _____% Rowhouse use lots (20% minimum, 50% maximum) _____ acres _____% House use lots (30% minimum, 50% maximum) _____ acres _____% Workshop use lots (3% minimum, 7% maximum) _____ acres; _____% Total number of dwelling units _____ d.u. N/A Total amount of active recreation and/or open space _____ acres _____% Total amount of passive open space _____ acres _____% Amount of public and private rights-of-way _____ acres Average block perimeter _____ lin. ft. Parking areas (with more than 6 spaces) _____ acres Parking spaces _____ quantity Trees _____ quantity Max. coverage of buildings and structures at ground level _____ sq. feet   _____ (d) Criteria for review. In evaluation and consideration of an application for rezoning to the Traditional Neighborhood Development district, the Planning and Development Department, Planning Commission and the City Council, including the appropriate committees thereof, shall evaluate and consider the following criteria: (1) Consistency with the comprehensive plan. No Traditional Neighborhood Development may be approved unless it is consistent with the comprehensive plan. (2) Consistency with the concurrency management system. The established levels of service standards adopted in the comprehensive plan. (3) Consistency with the requirements of Chapter 656 , Subpart K, Traditional Neighborhood Development District. (4) Compatibility with existing and planned uses of properties surrounding the proposed Traditional Neighborhood Development and not have any avoidable or undue adverse impact on existing or planned surrounding uses. (5) Usable open spaces, plazas and recreation areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, provide structure to neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses. (6) Consistency with the limitations specified within the wetland categories as defined in the comprehensive plan; i.e., saltwater marshes, riverine/estuarine wetlands, and all other wetlands. (7) Listed species survey as required by the comprehensive plan. (8) Incorporation of appropriate pedestrian and bicycle accessways so as to provide for a variety of movement opportunities. (e) [ Enactment of ordinance. ] Following review by the Planning Commission, and the public hearings as required for all applications for rezoning, the City Council may enact an ordinance which clearly identifies and/or lists all data, exhibits, information, site plan(s), etc. being approved as part of the Traditional Neighborhood Development district, establishing a Traditional Neighborhood Development district including any conditions related thereto, based upon findings that the Traditional Neighborhood Development district will accomplish the objectives and meet the standards of the district and is consistent with the comprehensive plan. Development within a Traditional Neighborhood Development district shall proceed substantially in accordance with all data, exhibits, information, site plans, etc. submitted and approved for the intended plan of development and any conditions set forth by the City Council in the ordinance which approves the Traditional Neighborhood Development district. (f) Modifications to a Traditional Neighborhood Development district. An amendment to an approved Traditional Neighborhood Development district may be accomplished through either an administrative deviation, minor modification, or by filing an application for rezoning. Any amendment must be in conformance with the criteria of this Subpart. (1) Administrative deviations. In order to facilitate deviations to an approved Traditional Neighborhood Development district, the Director of Planning and Development may authorize administrative deviations which comply with the following criteria: (i) There is no change in the approved land use(s) including the amount, configuration and location thereof, no increase in the number of dwelling units or amount of nonresidential floor area, or any associated characteristics of any use. (ii) Driveways and/or streets are located in the same general location, are the same or fewer in number than originally approved, perform the same general function and maintain the same public and/or private rights therein. (iii) There is no change of any specific dimension or setback depicted on the site plan(s) or in the written description of the intended plan of development. (iv) There is no change to any condition(s) set forth by the City Council in the ordinance which approved the Traditional Neighborhood Development district. The Director is authorized to promulgate the rules and procedures necessary to implement an administrative deviation. (2) Minor modifications. In order to facilitate minor modifications to an approved Traditional Neighborhood Development district, the Planning Commission may authorize minor modifications which comply with the following criteria: (i) That there is no change in the approved land use(s), including the amount and general location thereof, no increase in the number of dwelling units or amount of nonresidential floor area, or any associated characteristics of any use. (ii) Driveways and/or streets do not significantly alter the general distribution of traffic and pedestrian circulation or its relationship to the street or modify the public or private rights therein. (iii) There is no change to any condition(s) set forth by the City Council in the ordinance which approved the Traditional Neighborhood Development district. The Planning Commission is authorized to promulgate the rules and procedures necessary to implement a minor modification. Minor modifications to an approved Traditional Neighborhood Development district shall be advertised and noticed in a manner prescribed herein: Notice of the time and place of the public hearing shall be as required by Section 656.136 . (3) Major changes. In order to facilitate any other change to an approved Traditional Neighborhood Development district, an application for rezoning shall be filed in a manner consistent with other applications for rezoning. (g) Verification of substantial compliance with the Traditional Neighborhood Development district. Following the adoption of an ordinance creating a Traditional Neighborhood Development district and prior to any development within the same, three sets of detailed development plans for the portion of the Traditional Neighborhood Development district proposed to be developed shall be submitted to the Department for verification of compliance with the approved Traditional Neighborhood Development. If the plans are found to be in compliance with all approved data, exhibits, information, site plan(s), and written description of the intended plan of development, and any conditions approved as a part of the ordinance that approved the Traditional Neighborhood Development district, an approved copy shall be returned, as soon as practicable, to the developer or the designated agent, an approved copy shall be forwarded to the Building Inspection Division, and one approved copy shall regain on file in the office of the Planning and Development Department. (Ord. 94-607-773, § 1)