711.02

Zoning and Subdivision Review Involvement A. Overview of Approval Process Because Traditional Neighborhood Developments are a floating zone and selected by the developer/property owners immediately prior to development or re-development of the site, the procedure involves both a rezoning process and a major subdivision review process. It is the intent of the City that both processes move simultaneously whenever it is practical. The following steps are required: 1. Pre-Application Conference(s) 2. Master Development Plan and Rezoning Application submitted 3. Planning Board Public Hearing (Recommendation on rezoning and approval of Master Development Plan) 4. Revision of Site Plan Review (if needed) 5. City Council Hearing (officially rezone land) 6. Construction Plans Approval (Subdivision Review Engineer) 7. Final Plat Approval and Dedication of Streets (City Council) B. Specifics of Approval Process The procedure for the rezoning aspect of a TND is the same as that outlined in Article XVII Rezoning (Map Amendments). The rezoning application must be accompanied by the Master Development Plan and verification of the pre-application conference with the Site Plan Review Committee. The specific development requirements and procedures for the subdivision can be found in the Subdivision Ordinance. C. Changes to an Approved TND Project Types of Changes -There are three (3) types of changes in the TND that will be subject to an administrative or regulatory review and approval process. 1. Minor Change - A minor change is a one that will not alter the basic design and character of the Traditional Neighborhood Development, nor any specified conditions imposed as part of the original approval. This type of change will be subject to an administrative review and approval process by the Zoning Administrator in conjunction with the Site Plan Review Committee provided that the basic layout of the TND District remains the same, and the TND District functions as well as before the revision. Minor changes include, but are not limited to: (a) Changes in location of the TND (Neighborhood Center Area-NCA and Mixed Residential Areas -MRA), civic and green spaces. (b) Changes in size of the required sub- areas of the TND (Neighborhood Center and Mixed Residential Areas), the Neighborhood Edge Area (NEA), civic and green spaces. (c) Change in the construction phasing plan provided it does not exceed the requirements established in Section 1204.05 A (one year with a requested six- month extension) (d) Internal rearrangement of a parking area that does not affect the number of parking spaces or alter access locations or design (e) Changes in non-residential floor plans, of up to five (5%) percent of the total floor area, which do not alter the character of the use or increase the amount of required parking 2. Major Use Change - A major use change is one that will have significant impacts on the approved Uses within the Traditional Neighborhood Development, or on the site surrounding the Traditional Neighborhood Development. This type of change will be subject to a regulatory review and approval process. 3. Major Site Change - A major site change is one that that will have significant impact on the site and layout of the development in the Traditional Neighborhood Development, or on the site surrounding the Traditional Neighborhood Development. This type of change will be subject to a regulatory review and approval process. 4. For the purposes of this Ordinance, the major use and major site changes will be referred to herein as a major change. Major changes include, but are not limited to: (a) Changes in the permitted uses allowed in the TND (b) Changes in the approved regulatory standards for the TND by more the five (5) percent for: i. the development site area ii. approved lot area requirements iii. the density of any permitted use iv. the mix of single-family (attached & detached) unit multi-family units v. an increase in the amount of land allocated for non-residential uses vi. the reduction of the proffered amenities by the applicant\developer vii. the total floor area of non-residential floor plans (c) Deleting or changing flood hazard controls, utility facilities or easements (d) Material and substantive changes to the thoroughfare standards (access, circulation, sections, common parking areas, public and private alleys, etc...) (e) Changes in the approved utility, erosion control, grading and drainage plans (f) Other changes as determined by the Zoning Administrator and/or the Site Plan Review Committee that would be considered adverse to the spirit of the TND and the adjacent community D. Application for Changes 1. Minor Changes - the Owner (s) of record of the property shall submit a written request to the Site Plan Review Chairman which shall contain the reason (s) for the classification of the change as a minor change. The applicant will also submit a revised Site Plan for the proposed changes. The Site Plan Review Coordinator shall submit the request and revised Site Plan to the Site Plan Review Committee to determine if the proposed changes meet the standards for a minor change designation. The Site Plan Review Coordinator shall within fifteen (15) days of the receipt of the request shall provide a written notice to the applicant that includes the findings and the appropriate actions needed for the review and approval of the proposed minor change(s). 2. Major Changes - The Owner(s) of record of the property shall submit a written request to the Site Plan Review Chairman which shall contain the reasons(s) for the major change. The applicant will also submit a revised Site Plan for the proposed changes. The Site Plan Review Coordinator shall within fifteen (15) days of the receipt of the request shall provide a written notice to the applicant that includes the findings and appropriate actions needed for the review and approval of the proposed major change(s). E. Appeals Any party aggrieved with the administrative interpretation of the Site Plan Review Committee shall have the right to appeal such interpretation. Such appeals shall be made in accordance with Article XIX-A APPEALS of the Zoning Ordinance of the City of Jackson, Mississippi.