§ 115-93. RAOD, Redevelopment area overlay district.
(a)
Purpose. The purpose of the RAOD, Redevelopment area overlay district is as follows:
(1)
To encourage the revitalization of underused commercial and residential areas into pedestrian-oriented developments that provide a complementary mix of uses, including a variety of residential options, within convenient walking distance.
(2)
To encourage efficient land use and redevelopment plans forming a live-work-play environment that offers employees and residents the opportunity to fulfill their daily activities with minimal use of single-occupant automobiles.
(3)
To allow and encourage development densities and land use intensities that will allow for making productive use of alternative transportation modes such as bus transit, rail transit, ridesharing, bicycling, and walking.
(4)
To encourage formation of a well designed, pedestrian-friendly activity center with high-density commercial and residential development that increases choices for safe living environments for the citizens of the city.
(5)
To allow flexibility in development standards in order to encourage the design of innovative development projects that set high standards for landscaping, greenspace, urban design, and public amenities.
(6)
To promote a distinct, unified theme that will reinforce the branding process and improve the market attractiveness of the area for investments by the private and public sectors.
(7)
To provide for the appropriate incentives to encourage reinvestment and renewal necessary to realize the potential of the city's Buford Highway/Jimmy Carter Boulevard character area, consistent with the city comprehensive plan.
(8)
To provide for connectivity of streets and sidewalks for improved vehicular and pedestrian circulation and reduce the dependence on automobile uses by increasing the ease of movement and opportunities for alternative modes of travel.
(9)
To encourage design measures that improve public safety and security.
(b)
Incorporation of design standards and guidelines. The Director or his designee is authorized to administer and interpret the district guidelines and their relationship to the city redevelopment area district design guidelines. These guidelines provide acceptable architectural design controls, landscaping, detail drawings, signage, fencing, lighting, and street and site furniture. These guidelines shall be used to promote proper design criteria for the RAOD. In the case that any provision of this section conflicts with those of the city redevelopment area district design guidelines, the provisions of this section shall govern.
(c)
Applicability .
(1)
Relationship to underlying zoning district provisions. The RAOD is an overlay zone. The land use regulations applicable to the underlying zoning classifications remain in full force and effect except where superseded herein. Where there is a provision not expressed in the underlying zoning classification, or where a provision hereof is in conflict with the underlying zoning classification, the provision of this RAOD shall be controlling. The rezoning of an underlying zoning classification after the adoption of the RAOD does not supersede the requirements of the RAOD.
(2)
Except as provided in subsection (c)(6) of this section, the provisions of this section shall apply to all parcels of land and rights-of-way within the boundaries of the RAOD provided in subsection (d) of this section.
(3)
The provisions of this RAOD apply to all applications for land disturbance permits, plan review, plat approval, sign permits and building permits for all property within the boundaries of the RAOD.
(4)
Concept plan reviews, plat approvals, land disturbance permits, and building permits for each parcel located within this RAOD shall meet all applicable requirements of this chapter, as amended, and all city development regulations, except where, and to the extent that, the requirements of this section, as well as the district guidelines and City of Norcross Redevelopment Area District Design Guidelines provide otherwise. In case of a conflict between the provisions of this section and any other city ordinance, the provisions of this section shall govern.
(5)
Change in use.
a.
A change in use may be initiated by an application for a certificate of occupancy, business license, building permit, development permit, change of occupancy or any actual change in use on the property, whether initiated by a formal application or otherwise.
b.
Except where prohibited by affidavit prepared in accordance with subsection (c)(5)d, any change in use to a use permitted as a matter of right by the underlying zoning classification will not invoke the RAOD; and the exception set forth in subsection (c)(6)b. shall apply to future development activity authorized by the underlying zoning classification.
c.
Any change in use to a use permitted by the RAOD that is not a use authorized by the underlying zoning classification as a matter of right shall mandate that all future development for the affected parcel shall be in accordance with the RAOD and not the underlying zoning classification, and the exception set forth in subsection (c)(6)b. shall not apply to future development activity.
d.
Any change in use permitted by subsection (c)(5)c. shall require the owner of the property to execute an affidavit approved by the Director of the Community Development Department which shall commit that all future development of the affected property shall be in accordance with the RAOD and not with the underlying zoning classification, and acknowledging that the exception set forth in subsection (c)(6)b. is forever waived for all future development activity on the affected parcel.
e.
Any parcels of land where an approved affidavit has been filed with the City stating that the property can only be developed in accordance with the provisions of the RAOD and not those of the underlying zoning district will be noted on the Official Zoning Map.
(6)
Exemptions.
a.
Development activity for which the Director has received a valid and complete application for a building permit, development permit, or land disturbance permit prior to the enactment of this section shall be exempt from this section to the extent of property covered by such permit or application.
b.
Development activity at the site and/or exterior of any building or structure which is valued at 15 percent or less than the current county appraised value of the property. The cumulative impact of improvement allowed under this exemption may not exceed the fifteen percent improvement allowance within a three-year period. This exception shall not apply for a change in use permitted by the RAOD that is not authorized by the underlying zoning classification as set forth in subsections (c)(5)c. and (c)(5)d. above.
c.
Development activity that is strictly interior to an existing building or structure.
d.
Variances from all the provisions of this section, other than subsection (f) of this section, use regulations, shall be subject to a formal review process outlined in the provisions of subsection (n), Procedures.
(d)
Incorporation of boundaries onto official zoning map .
(1)
Boundaries. The official zoning map of the city shall include boundaries of the redevelopment area overlay district and their respective tiers in accordance with this section.
(2)
Tiers. Each redevelopment area overlay district may be divided into sub-districts comprised of one of the following tiers:
a.
Tier 1: Transitional Zone.
b.
Tier 2: Neighborhood Center.
c.
Tier 3: Town Center.
d.
Tier 4: Regional Center.
(3)
Changes to district and tier boundaries. Changes to the boundaries of this RAOD and the associated tiers are zoning map amendments. No change in the boundary of a RAOD or to the boundaries of a tier within a RAOD shall be authorized, except by recommendation of the City Planning and Zoning Board and approval by the Mayor and City Council pursuant to procedures in article X of this chapter, as amended.
(e)
Concept plan. All development activity that is subject to this section shall be consistent with an approved site plan as provided in the city redevelopment area district design guidelines and this chapter. The purpose of the site plan is to ensure consistency of all phases and aspects of the proposed development with the purposes of the RAOD throughout the development and permitting process.
(f)
Use regulations.
(1)
Permitted uses. The following uses are permitted by right on any parcel located in the RAOD, subject to subsections (f)(2) and (3) of this section, the supplemental use standards provided in subsection (g) of this section, Table 1, Dimensional Standards, the district guidelines, and other applicable standards in this section:
a.
Residential uses. The following residential uses are permitted in the Redevelopment area overlay district:
1.
Single-family detached dwellings, with customary accessory buildings and uses.
2.
Two-family dwellings, with customary accessory buildings and uses.
3.
Townhouses, with customary accessory buildings and uses.
4.
Multifamily dwellings, with customary accessory buildings and uses, allowed in the RM zoning district are allowed only in Tiers 2, 3, and 4 and provided that at least 70 percent of the required parking spaces are provided in a parking deck. See district guidelines Figures A.12 through A.21, as applicable.
b.
Commercial retail, services, and office uses. All uses permitted in OI, C1, C2 and C3 zoning districts shall be permitted, along with the respective accessory buildings and uses allowed in such districts, subject to the limitations in subsections (f)(2) and (3) of this section.
c.
Mixed-use developments.
1.
The RAOD authorizes and encourages mixing of complementary uses. Mixed-use developments shall consist of two or more types of uses permitted in this section (commercial, office, and residential) provided that each type of use that is in the mixed-use development constitutes at least 20 percent of the gross floor area of the development project, excluding accessory uses.
2.
Uses in a mixed-use development shall be combined either vertically within the same building, or placed side by side on the same parcel, provided that they are in close proximity, planned as a unified and complementary whole, and functionally integrated with interconnected vehicular and pedestrian access and parking areas.
3.
Examples of a mixture of complementary uses include, but are not limited to, the following specifically permitted uses:
(i)
Multifamily dwelling units located over office, retail, and service uses subject to subsection (g)(4) of this section.
(ii)
Residential/business dwellings, subject to subsection (g)(3) of this section.
(iii)
Office uses located over retail and service uses.
(iv)
Hotel uses located over retail and service uses or office uses.
4.
Mixed-use development projects may include two or more contiguous parcels of land having different owners when submitted together and subject to a unified plan of control and development.
(2)
Special uses. The following uses shall require a special use permit before being permitted in the RAOD:
a.
Building, electrical, or plumbing contractors, with outdoor storage.
b.
Commercial outdoor recreation.
c.
Garden supply centers and greenhouses (including accessory outdoor storage).
d.
Multifamily dwelling units located on a parcel in Tier 1, subject to conformity with the standards of subsection (g)(4) of this section and the district guidelines (See A.12 through A.18).
e.
Veterinary clinics.
(3)
Prohibited uses.
a.
Adult entertainment.
b.
Automotive and/or truck body repair, mechanical repair, maintenance, alteration, customization, fabrication, and/or restoration.
c.
Automotive carwash.
d.
Automotive parts stores.
e.
Boat sales establishments.
g.
Building material sales with outdoor storage.
h.
Equipment rental, sales, or service (including heavy equipment, farm equipment, bulldozers, backhoes forklifts, cranes, etc.).
i.
Emissions inspection stations.
j.
Extended stay hotels.
k.
Funeral homes, mausoleums, and crematories.
l.
Heavy equipment and farm equipment sales and service, and truck rental.
m.
Lawnmower repair shops.
n.
Liquor stores.
o.
Log-splitting and storage lots.
p.
Manufactured homes.
q.
Mobile home or mobile building leasing or sales lots.
r.
Machine or welding shops.
s.
Mini-warehouse facilities.
t.
New and used automobile sales and/or rental.
u.
Pawnshops; title pawn; check cashing as carried out by nondepository institutions which are not state, national or federal banks.
v.
Pest control businesses that store toxic chemicals on site.
w.
Recovered materials processing.
x.
Motels that provide outside entries to individual units.
y.
Self-service laundries that are principal uses.
z.
Tattoo parlors.
aa.
Taxidermists.
bb.
Yard trimmings composting.
(g)
Supplemental use standards. The following supplemental use standards apply to the uses listed below when developed within the RAOD. See also the district guidelines, as applicable.
(1)
Single-family detached or zero lot line dwellings. Single-family detached dwellings or zero lot line (ZLL) dwellings shall be subject to dimensional requirements in Table 1, and the following:
a.
Minimum heated floor area the same as for single-family dwellings in the R65 district.
b.
Each dwelling unit shall include a garage, subject to the following standards:
1.
The garage must be set back at least 15 feet behind the facade of the dwelling.
2.
The maximum floor area of the garage shall be 800 square feet.
3.
If a block contains a majority of lots less than 65 feet in width, vehicle access for that block shall be from an alley located to the rear or side lot line, not from a public street.
4.
Garage doors of front entrance garages may occupy no more than 45 percent of the facade of the dwelling.
5.
The architectural style of a garage or other accessory building shall be compatible with that of the principal structure, i.e., utilizing the same type of building materials, similar roof pitch, and similar types and sizes of windows.
(2)
Townhouse dwellings. Townhouse dwellings on individual lots, subject to dimensional requirements in Table 1, and the following: maximum building length or width of eight attached units or 200 feet, whichever is less.
(3)
Residential and business dwellings. Residential/business dwellings subject to dimensional requirements in Table 1, and:
a.
Business activities shall be limited to those allowed within the C1 or OI zoning districts provided that:
1.
Only one business may be operated in each dwelling.
2.
The businesses shall be located on the ground floor only and shall have direct entry from the sidewalk along the street frontage.
3.
No more than 50 percent of the dwelling unit may be used for conducting the business.
b.
Maximum building length: 200 feet.
(4)
Multifamily dwellings.
a.
Minimum building height: two floors/stories.
b.
Ground floor residential units that face a street shall have entrances with a stoop or porch between the sidewalk and building facade.
c.
If located in a mixed-use building, the following standards apply to the residential portion of the building:
1.
Residential portion shall have at least two entrances/exitways to the ground floor that are separate from the entrances/exitways used by occupants of nonresidential portions of the building.
2.
Primary entrance for the residential portion of the building shall be clearly visible from the street and shall face the street. If a building fronts more than one street, the primary entrance shall face the street with the highest classification.
d.
Buildings containing multifamily dwellings shall be constructed in substantial conformity with the district guidelines.
e.
Multifamily dwellings in Tier 1 shall be subject to approval of a special use permit and shall be part of a mixed-use development that contains no more than 200 multifamily dwellings.
(5)
Mixed-use buildings.
a.
Ground floor commercial uses located in a mixed-use building shall have entrances opening directly onto the sidewalk adjacent to the street or to a common area connected to the street.
b.
No more than 70 percent of the gross floor area of a mixed-use project may consist of multifamily residential uses.
(6)
Parking structures.
a.
Aboveground decks of parking structures shall be designed so that the only openings at street level are those to accommodate vehicle entrance and pedestrian access to the structure. Any openings for ventilation, service, or emergency access located on the first floor level in the building facade must be decorative and must be an integral part of the overall building design or screened from view with landscaping that is at least ten feet in height. See Figure A.7.1 of the district guidelines.
b.
The balance of the street frontage of the aboveground decks of a parking structure shall be occupied by retail/office space or designed with exterior materials, structural elements, and external openings having proportions similar to those of upper floors of occupied buildings. External openings shall be screened with decorative elements, such as grill-work, brick, or louvers.
c.
Aboveground decks of parking structures that have a total length or width of 250 feet or more shall provide a lighted and signed ten-foot-wide pedestrian arcade passing completely through the parking structure near the midpoint of the longest side and connecting with other sidewalks leading to adjacent buildings and to the surrounding streets.
(7)
Outdoor seating. Outdoor seating for restaurant service is permitted in the Redevelopment area overlay district provided that such seating meets all of the following conditions:
a.
All outdoor seating facilities shall not obstruct a six-feet wide clear zone reserved for pedestrian passage along the public sidewalk. (See Figure A.7.3 of the district guidelines.)
b.
Outdoor seating areas shall be approved by the Fire Marshal and shall not obstruct fire exitways.
(8)
Building services.
a.
Off-street loading and servicing areas shall be located to the rear of all buildings or screened from public view by a combination of opaque walls and landscaping. See Figure A.9.6 of the district guidelines. Walls shall be constructed of materials and colors that are compatible with those of the principal building facade.
b.
Access ways and loading areas used for delivery trucks, service vehicles, and driveway and loading areas for garbage trucks shall provide safe means of ingress and egress from public streets such that delivery vehicles and garbage trucks are not required to back into streets classified as boulevards, thoroughfares, or avenues.
c.
All access ways and loading areas shall provide a minimum horizontal and vertical clearance of 14 feet at all points.
d.
Dumpsters shall not be located in any required front yard. Dumpsters shall be placed on a concrete pad of sufficient size and strength to support service vehicles without failure. Dumpsters that would be visible from a public street or from abutting or adjacent property shall be completely screened from such visibility by an opaque wall that is a minimum of six feet in height, but not less than the height of the dumpster. Service access shall be via an opaque metal gate.
e.
Mechanical equipment located at ground level and roof level shall be screened from view from all streets and public rights-of-way with screening walls or landscaping.
f.
Screening walls for dumpsters, loading docks, and mechanical equipment shall be constructed of materials that are compatible with those of the principal building facade.
(9)
Transit passenger shelters. To be eligible for bonus gross floor area (GFA) credit, as provided in subsection (h)(4) of this section, transit passenger shelters and related access areas shall:
a.
Be in a location approved by Gwinnett Transit System; and
b.
Include a canopy, hard surface floor, signs, and landscaping that is approved by the Gwinnett Transit System and is in accordance with Figure B.13 of the district guidelines.
(10)
Regional stormwater management facilities. The owner of property upon which a regional stormwater management facility is constructed shall be eligible for bonus GFA credit, as provided in subsection (h)(4) of this section, provided:
a.
The regional stormwater management facility is part of an approved stormwater management plan that includes each land development project being served by the regional facility;
b.
The regional stormwater management facility serves as the stormwater detention/retention area for at least 100 acres in the same drainage basin;
c.
The developer of such regional stormwater management facility presents to the Director written agreements with the property owners to serve at least five separate properties that would otherwise be required by local regulations to construct separate facilities;
d.
The regional stormwater management facility is designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than the stormwater quantity and quality control that which would be afforded by separate on-site facilities;
e.
The regional stormwater management facility is controlled by an entity that is legally obligated to accept responsibility for longterm operation and maintenance of the regional stormwater facility;
f.
The regional stormwater management facility is located and designed in accordance with the requirements of the city and the state environmental protection division; and
g.
The regional stormwater management facility either is out of view entirely, or is attractively landscaped and integrated with surrounding common areas that provide public amenities such as fountains, outdoor plazas, multi-use paths, or other amenities approved by the Director.
(11)
Multi-use paths. To be eligible for GFA bonus credit as provided in subsection (h)(4) of this section, multi-use paths shall meet all of the following standards:
a.
Location of the multi-use path shall be reviewed and approved by the Community Development Department. Such approval shall be contingent on a finding that the new multi-use path will serve a public purpose, such as improving bicycle and pedestrian safety and circulation or improving pedestrian and bicycle access to nearby recreation or concentrations of employment, housing, and commercial services.
b.
Right-of-way and design of the new multi-use path shall meet requirements of Figure A.5.4. of the district guidelines.
c.
The new trail shall contribute to an interconnected network for bicycle and pedestrian circulation.
d.
Access to the new multi-use path shall not be gated or otherwise restricted for access by the public.
(12)
LEED certification. To receive a density bonus for LEED certification, as provided in subsection (h)(3) of this section, the applicant shall submit for approval appropriate documentation prepared by a LEED certified professional that the project, if constructed as proposed, meets the silver standards of LEED.
Off-street parking lots shall be screened from adjacent roadways and sidewalks by a decorative fence or wall, berm, or vegetative screen at least 30 inches in height. Fence or wall shall be of similar design and materials to the surrounding buildings. Screening shall be installed between the parking lot and the sidewalks. See Figure A.7.2 of the district guidelines. Perpendicular driveway crossings and pedestrian paths are allowed through the screening.
(h)
Development standards.
(1)
Dimensional standards. Table 1 provides dimensional standards that apply to all uses in the RAOD.
Table 1
Dimensional Standards
Land Use Minimum Standards Lot Area Lot Width Road Frontage Front Yard (See
Note b)Side Yard (See Note e) Rear Yard (See Note e) Parking Single-family detached/ZLL Note a 40 feet 40 feet 5 feet min.
15 feet max.5 feet or 0 feet/10 feet (ZLL) 0 feet 2 per unit Single-family attached Note a 0 0 5 feet min.
15 feet max.0 feet
See Note d0 feet 1.5 per unit Residential/business Note a 0 0 0 feet min.
50 feet max.
See Note c.0 feet
See Note d0 feet 2 per unit Multifamily residential 0 0 0 5 feet min.
15 feet max.15 feet 0 feet 1.5 per unit Mixed-use 0 0 0 0 feet min.
50 feet max.
See Note c.15 feet 0 feet See Note f Commercial/other uses Note a 40 feet 30 feet 0 feet min.
50 feet max.
See Note c.15 feet 0 feet See Note f. Notes to Table 1
Note a - 1,000 square feet outside 100-year floodplain.
Note b - Front yard setbacks for individual units may vary within a block. The space between the sidewalk and the building facade shall contain only landscaping, steps, front porches or stoops.
Note c - Front yard setbacks greater than five feet shall be used for outdoor dining or outdoor display; no parking allowed.
Note d - 15 feet on non-attached side or 20 feet if the side yard abuts an existing building with windows facing said side yard.
Note e - Where adjacent to a required transitional buffer, the minimum required side or rear yard setback shall be 25 feet.
Note f - Parking requirements per use as established in section 115-152, as modified by subsection (i) of this section.
(2)
Maximum height and density. Except as provided in subsections (h)(3) and (h)(4) of this section, the maximum height and density of development on parcels located in the RAOD shall be as provided in Table 2. The residential density (dwelling units/acre) shall be based upon buildable acreage exclusive of easements, common areas, wetlands, and floodplains, except as otherwise provided in subsections (h)(3) and (h)(4) of this section.
Table 2
Building Height and Density by Tier in the RAOD
(Without Bonuses Under Administrative Review)
Building Height (feet) No. of Stories Dwelling units/acre Floor Area
Ratio (FAR)Tier 1: Transition 60 3 13 0.40 Tier 2: Neighborhood Center 80 5 32 1.00 Tier 3: Town Center 150 10 48 2.00 Tier 4: Regional Center 300 25 96 5.00 (3)
Bonus density. The maximum allowable floor area ratio (FAR) of a development on a parcel located in Tiers 2, 3, and 4 may be increased in exchange for one or more of the additional amenities as provided in Table 3. See Figure A.10 of the district guidelines for an illustration of FAR.
Table 3
Amenities Eligible for FAR Bonus in Tiers 2, 3, and 4
Amenities FAR Bonus* Increased common area that meet standards of section 115-93(j) Add .2 FAR for each 1 percent of gross site area in qualifying common area in excess of the minimum of 20 percent Structured parking (70 percent of min. required) Additional 0.5 Mixed-use development in accordance with section 115-93(f)(1)c Additional 1.0 Mixed-use development that includes multifamily dwelling units constituting at least 30 percent of the total GFA and a minimum of 14 units per acre of land, and constructed in the same building with office, institutional, commercial, or retail uses Additional 0.5 Mixed-use development that includes office space constituting at least 40 percent of the total GFA Additional 0.5 Mixed-use development greater than 25 acres, or mixed-use development greater than ten acres that combines at least three properties, each of which formerly contained one acre or more under separate ownership Additional 0.5 Transit passenger shelter and related access areas meeting the standards of section 115-93(g)(9) Additional 0.25 LEED certification (silver or higher) in accordance with section 115-93(g)(12) Additional 0.25 *These bonuses are additive and can be accumulated subject to total maximum FAR shown in Table 6.
(4)
Additional GFA bonus.
a.
To encourage public dedication of right-of-way and construction of streets, multi-use paths, parks, public art displays, and other improvements, the developer shall be entitled to additional gross floor area (GFA), in addition to that otherwise allowed, for uses otherwise authorized in the applicable tier and in accordance with Table 4.
b.
Sites that meet the requirements of the city for a FAR bonus or bonus GFA shall apply for a certificate of density bonus allocation from the Community Development Department. A copy of said certificate, along with the as-built drawings of the improvements meriting the award of bonus GFA or FAR, shall be attached to the final plat or approved development plan for the property and recorded with the property deed by the Office of Clerk of Superior Court of Gwinnett County. The certificate of density bonus allocation shall be specific to the property to which it was initially conferred shall require current and future property owners to maintain the property and/or improvements meriting the award of bonus GFA or FAR in an attractive and fully operable condition.
Table 4
Public Improvements Eligible for GFA Bonus
Publicly dedicated improvement GFA bonus* Connectivity improvements meeting the standards of section 115-93(h)(9)a GFA equal to ten times the land area dedicated and improved Multi-use path meeting the standards of section 115-93(g)(11) GFA equal to ten times the land area dedicated and improved Regional stormwater management facility meeting the standards of section 115-93(g)(10) GFA equal to ten times the land area dedicated and improved Dedication of site approved by the city for use as a public park, public safety, or public school facility GFA equal to five times the land area dedicated and improved *These bonuses are additive and can be accumulated subject to total maximum FAR shown in Table 6.
c.
Land dedicated to the city pursuant to the provisions of subsection (h)(4) of this section shall be deemed part of the area of the parcel from which it was subdivided when computing maximum allowable FAR and GFA for a development. Such land shall not be included in the area of a private lot for the purposes of establishing minimum yards and setbacks.
d.
If buildings in Tiers 2, 3 and 4 are entitled to increased FAR and GFA in accordance with subsections (h)(3) or (h)(4) of this section, then the residential density of these buildings may be increased in proportion to FAR as shown in Table 5.
Table 5
Maximum Allowable Building Height and Residential Density in
Tiers 2, 3 and 4
(Subject to Approved Bonus Density)
FAR Building Height Residential Density 0.41—1.00 Lesser of 5 stories and 75 feet 32 dwelling units/net acre 1.01—2.00 Lesser of 10 stories and 140 feet 48 dwelling units/net acre 2.01—3.00 Lesser of 15 stories and 210 feet 64 dwelling units/net acre 3.01—4.00 Lesser of 20 stories and 260 feet 80 dwelling units/net acre 4.01—5.00 Lesser of 25 stories and 300 feet 96 dwelling units/net acre e.
Notwithstanding subsection (h)(4)d of this section, in no case may the total GFA of a development, including all bonuses earned in subsections (h)(3) and (h)(4) of this section, exceed the FAR, building height, and dwelling unit density shown in Table 6 under administrative review. A FAR, building height, or dwelling unity density bonus up to twice that allowed in Table 6 maybe granted by the Mayor and City Council, only under formal review in accordance with subsection (n)(3). See Figure A.11 of the district guidelines for an example of the application of bonuses to increase height and FAR.
Table 6
Maximum Height and Density by Tier in the RAOD
(Subject to Approved Bonuses)
Maximum With Bonuses under Administrative Review(Note under Formal Review, maximum densities are double those shown below) Building Height
(feet)No.
of
StoriesDwelling units/acre Floor Area Ratio
(FAR)Tier 1: Transition (no bonus) 60 3 13 0.40 Tier 2: Neighborhood Center 80 5 32 1.00 Tier 3: Town Center 150 10 48 2.00 Tier 4: Regional Center 300 25 96 5.00 (5)
Transitions along exterior boundaries. Where a lot on the external boundary of the RAOD adjoins the boundary of any property outside the district that is zoned for single-family residential use, a transitional height plane of 45 degrees shall apply. No portion of any building within the RAOD shall protrude through the transitional height plane beginning 45 feet above the property line between the district and the adjacent property outside the district and extending inward 30 feet over the transitional buffer zone and then at an angle of 45 degrees over the RAOD. See Figure A.8.1 of the district guidelines.
(6)
Internal height transitions. To the extent possible, within each development, a change in building type or change in building height greater than two stories or 20 feet should occur only at rear lot lines or alleyways, not in the middle of a block face, so as to form a uniform building front along both sides of streets that are internal to the development. See Figure A.8.2 of the district guidelines.
(7)
Landscape, buffers, and tree protection. Landscape, buffers and tree protection shall be in conformity with chapter 113 and section 115-43 as amended, except as follows:
a.
Transitional buffers shall not be required between nonresidential and residential uses within the RAOD.
b.
No tree shall be planted closer than two feet from the street or sidewalk, and no closer than ten feet from a fire hydrant, water/sewer line, sign post, streetlight standard, utility pole, or similar structure.
c.
For developments located in the RAOD with an approved FAR of 1.0 or higher, up to 50 percent of tree canopy required by chapter 113, pertaining to tree preservation, may be satisfied by planting approved plant materials in designated offsite receiving sites within the RAOD, subject to approval of the Director. Such approval shall require submission and approval of a buffer and landscape plan for both the site seeking development approval and the approved receiving site.
d.
Designated receiving sites for tree replacement may include, but are not limited to, sites within the RAOD that are designated as approved offsite common areas in accordance with subsection (j)(4) of this section.
e.
Outdoor storage. Any use requiring outdoor storage of equipment or materials shall be screened from adjacent roadways and sidewalks by a decorative fence or wall, berm, or evergreen vegetative screen. Proper screening must meet the requirements of Section 115-43, Required buffers between dissimilar districts, Any fence or wall used for screening shall be of similar design and materials to the surrounding buildings on the site.
(8)
Access easements and inter-parcel access. Inter-parcel access, joint driveways, cross-access drives, and access easements shall be provided, as follows, except where the Director determines that they are infeasible because of topographic or other site-specific constraints:
a.
Abutting nonresidential developments on boulevards, thoroughfares, or avenues shall provide a cross-access drive and sidewalk access to allow circulation between sites.
b.
Joint driveways and cross-access easements shall be established for multi-parcel, nonresidential development wherever feasible along streets classified as boulevards, thoroughfares, and avenues. The building site shall incorporate all of the following:
1.
Continuous cross-access drive connecting adjacent parcels along the street frontage;
2.
A design speed of 15 mph and a two-way travel aisle with a minimum of 20 feet to accommodate automobiles, service vehicles, and loading vehicles; and
3.
Driveway aprons, stub-outs, and other design features to indicate that abutting properties may be connected to provide cross-access via a service drive.
(9)
Connectivity.
a.
Interconnected network. It is the intent of this section that the public access ways, walkways, transportation facilities, and improvements in the RAOD contribute to an interconnected and continuous network providing convenient vehicular and pedestrian access to abutting properties. The design of developments and related public improvements shall provide for maximum connections for autos, pedestrians, bicycles, and public transportation to offsite and on-site attractions, such as concentrations of employment, shopping, housing and community services, public parking, parks, and public facilities.
b.
Vehicular connectivity.
1.
Streets shall be constructed to create an interconnected system of grid-patterned streets.
2.
No street may be longer than 600 feet without an intersection with another street.
3.
Culs-de-sac are prohibited, except where approved following review and approval by the Director because of unusual site conditions such as steep topography, streams, lakes, floodplains, wetlands or stream crossings, safety hazards, or other unusual property development or access constraints.
4.
In order for a developer/owner to receive GFA bonus credit for constructing a new street connection, as provided in subsection (h)(4) of this section, such new street shall contribute to an interconnected network and meet all of the following standards:
(i)
Location of the new street shall be reviewed and approved by the city. Such approval shall be contingent on a finding that the new street will serve a public purpose such as improving traffic safety, reducing traffic congestion, or improving vehicular and pedestrian circulation and access to major thoroughfares.
(ii)
Right-of-way and design of the new streets shall meet applicable requirements provided in subsection (m) of this section and the district guidelines .
(iii)
Each new street shall connect at least two other streets.
(iv)
Access to the new street shall not be gated.
c.
Pedestrian connectivity. (See Figure A.8.3 of the district guidelines.)
1.
Sidewalks and other pedestrian walkways within a development shall be constructed of materials that distinguish them from paved surfaces used by motorized vehicles.
2.
Safe, convenient, and continuous pedestrian walkways shall be provided:
(i)
Between building entrances for all buildings in the same block.
(ii)
Along both sides of the street frontage of all streets.
(iii)
Through parking lots and parking structures at regular intervals connecting to building entrances and the public sidewalks on surrounding streets.
(i)
Parking management.
(1)
Required parking. The minimum number of required parking spaces shall be as provided in Table 1 of this section and section 115-152, except as follows:
a.
Required parking. Required parking may be provided through a combination of off-street, on-street, or shared spaces provided that all required parking is located within 700 feet of the principal entrance of buildings it is intended to serve.
b.
Walking distance standard. In no case shall parking spaces that are farther than 700 feet from a building entrance be allowed to satisfy the parking requirements of this section for uses in that building.
c.
Maximum parking in parking lots. Except for single-family dwellings, the maximum number of parking spaces permitted in a parking lot for a development shall be 125 percent of the minimum required number of parking spaces required in Table 1 of this section or section 115-152, whichever is less. The number of parking spaces in parking lots that exceed 105 percent of the minimum number required in section 115-152 shall be constructed on pervious surfaces approved by the Director. This provision does not apply to spaces located in parking decks or parking structures.
d.
Lighting. Parking lots shall be well-lighted and provided in the rear or side yards, and if visible from the street, shall be screened with landscaping, as provided in subsection (i)(1)f. of this section and Figure A.7.2 of the district guidelines.
e.
Off-street parking areas. No more than ten percent of the required parking for a building shall be in parking spaces located between the facade of the building and the street on which the building faces.
f.
Screening off-street parking lots. Off-street parking lots shall be screened from adjacent roadways and sidewalks by a decorative fence or wall, berm, or vegetative screen at least 30 inches in height. Fence or wall shall be of similar design and materials to the surrounding buildings. Screening shall be installed between the parking lot and the sidewalks. See Figure A.7.2 of the district guidelines. Perpendicular driveway crossings and pedestrian paths are allowed through the screening.
g.
Parking for transit-oriented development. The Director may grant an administrative variance to reduce by no more than 20 percent the number of required parking spaces for uses that are located along pedestrian walkways and within 1,320 feet of a fixed public transportation stop.
h.
Motorcycle only parking. The Director may grant an administrative variance to reduce by no more than five percent the number of required parking spaces for uses which include specifically designated motorcycle and motor scooter parking areas. Such areas will be surfaced with concrete or pervious concrete (not asphalt or macadam) and will exclude automobile parking or standing by the use of concrete bollards or decorative planters installed in such a way to prevent larger vehicle use. Motorcycle and motor scooter only parking spaces are to be five feet wide by eight feet deep and will number the amount of full-sized parking spaces for which the variance is sought.
i.
Shared parking.
1.
The Director may approve a reduction of up to 25 percent in the number of parking spaces required for a use or a development where inter-parcel access is provided and a shared parking analysis approved by the Director demonstrates that adequate parking will be provided with the approved reduction.
2.
Where shared parking involves more than one property owner or developer, a cross-access easement and agreement shall be provided to the Director and shall be recorded with the deed of such properties. Such agreement must certify the allocation of parking spaces among the parties that is consistent with the shared parking analysis approved by the Director.
3.
The minimum term for cross-access and shared parking agreements shall be 21 years from the date a building permit is issued for any use claiming such shared parking guarantee.
4.
Required residential parking shall be segregated from parking for all other uses, with the exception of additional parking for residential/business dwellings.
5.
If a parking structure is constructed for public use or for joint use by several properties within a 700-feet radius of such parking structure that enter into agreements guaranteeing them longterm use of specific numbers of parking spaces, then the Director is authorized to substitute written guarantee of longterm access to such parking spaces for spaces otherwise required in this section or by section 115-151.
j.
Fees in lieu of parking. If an entity authorized by the city is created to provide parking on an area wide basis within the RAOD pursuant to an agreement approved by the Mayor and City Council, then such entity may collect fees from designated properties in lieu of such designated properties being required to meet some or all of the off-street parking requirements of this section and section 115-152. Fees collected in this manner shall be pursuant to a fee schedule approved by the Mayor and City Council and shall be used only for the acquisition of land, improvement, or maintenance of off-street parking facilities constructed for the benefit of those buildings, structures, and users paying such fees.
(2)
On-street parking.
a.
The Director may approve credit for on-street parking spaces on streets classified as local streets or avenues consistent with the district guidelines as a means to reduce the off-street parking requirements for a parcel.
b.
The number of on-street parking spaces credited for a parcel shall not exceed the number of feet of linear frontage of approved on-street parking curb space (not including frontage devoted to driveways, bulb-outs, and intersection approaches) divided by the constant 24.
(3)
Bicycle parking. All uses that are required to provide off-street parking spaces for motorized vehicles also shall provide bicycle parking spaces consistent with Figure A.8.4 of the district guidelines and each of the standards as follows:
a.
Uses that require more than 100 off-street parking spaces for motorized vehicles shall provide at least one bicycle space for every 50 parking spaces required for motorized vehicles.
b.
No single building shall be required to provide more than 20 bicycle parking spaces.
c.
Bicycle parking shall be provided in a lighted area that is no more than 100 feet from the principal entrance of the building that it serves.
(j)
Common area. Common area shall be provided according to the following standards:
(1)
Minimum percentage. At least 20 percent of the net project acreage (total acreage of the project excluding 100-year floodplain and wetland areas) shall be designated on a recorded plat as permanent common area for the use of the residents, workers, patrons and visitors to the development.
(2)
Standards of development and design.
a.
Common areas shall form an interconnected and continuous network of paths, greenways, and trails throughout the development within the RAOD.
b.
Common areas shall be distributed throughout the project to provide linkages, amenities, and visual appeal for the development.
c.
Final common area design shall include provision of at least one centrally located public gathering area (with related amenities and improvements) in the form of a town green, amphitheater, landscaped plaza, or similar approved element.
d.
Common areas shall have multiple points of entry that are directly accessible from adjacent sidewalks and surrounding buildings.
e.
To the maximum extent possible, lands containing 100-year floodplains, stream buffers, wetlands, slopes over 15 percent, and shallow or exposed rock shall remain undisturbed and included in common area.
f.
Wetland and floodplain areas shall be preserved in their natural state, except for the installation of required detention facilities and stormwater best management practices (BMPs).
g.
Sidewalks and associated amenities may be credited toward common area calculations if the sidewalk and streetscape is constructed consistent with the standards of the applicable district guidelines.
h.
Landscaped strips along internal or external streets may be credited toward common area calculations if the landscaped strip is constructed at a continuous width of 25 feet or greater (including sidewalk).
i.
Stormwater management facilities may be located within common areas, if designed and improved as an amenity, subject to review and approval of the Director of Community Development.
j.
Stormwater management facilities that meet the standards of subsection (g)(10) of this section may not receive density bonuses for both common area and regional stormwater management facilities.
(3)
Ownership of common areas. Common areas, stormwater management facilities, floodplain and wetland areas shall be owned in fee simple by a mandatory property owners' association or approved entity which administers a reciprocal access and maintenance agreement for the project or other entity approved in advance by the Director during his normal course of business. The developer shall record the deed to the common area prior to, or concurrent with, the recording of the first final subdivision plat or certificate of occupancy. An access easement following the alignment of future public streets is acceptable. However, pocket parks or greens may be deeded concurrent with the unit or phase of the final subdivision plat of which it is a part. See also subsections (j)(4) and (5) of this section.
(4)
Relocation of minimum common area requirements. Upon written application and written approval of the Director, up to 50 percent of a development project's 20 percent required common area for public space may be relocated to an approved offsite parcel or parcels (receiving area) within the same RAOD, provided the receiving area meets the following criteria:
a.
The receiving area meets the definition and standards of common areas contained in this section.
b.
The receiving area is owned and maintained either by a public agency or by a private property owners' association approved by the Community Development Department.
c.
The receiving area must contain more than the required minimum amount of common area from each and every development project that has been authorized for such relocation that would have been necessary to fulfill the unmet portion of the required 20 percent common area to be relocated. Floodplain, wetlands, slopes over 15 percent, or other factors that reduce the utility for public access, recreation, and enjoyment on the receiving parcel cannot be counted towards common area acreage.
d.
The receiving area includes a quantity, quality, and design of amenities that could not feasibly have been provided by separate common areas on the individual developments that contributed their common space to the receiving area.
e.
The loss of common area from the original sites does no public detriment.
f.
The receiving area is connected by sidewalks to the adjacent properties and to all properties that have relocated common area to it.
g.
The receiving area is located adjacent to and visible from a public street and is made accessible to the public daily during daylight hours.
h.
The receiving area is approved by the Mayor and City Council.
(5)
Public gathering space. At least one receiving area shall consist of a centrally located and accessible public gathering space (with related amenities and improvements) in the form of a town green, amphitheater, landscaped plaza, or similar approved element unless such a public space already exists within a 700-feet radius of housing units within the RAOD. The perimeter of this public gathering space should be lined with a variety of uses, including both residential and commercial or office with entrances facing the public gathering space intended to ensure pedestrian traffic throughout the day.
(6)
Maintenance and protection of common areas. A property owners' association, or other entity approved in advance by the Director, shall be responsible for the continuous maintenance and protection of buffers, common areas and recreation areas established pursuant to this section. The property owners' association bylaws or covenants, at a minimum, shall contain the following provisions:
a.
Governance of the association by the Georgia Property Owners' association Act (O.C.G.A. § 44-3-220 et seq.) or a successor to that Act that grants lien rights to the association for maintenance expenses and tax obligations.
b.
Responsibility for maintenance of buffers, common areas and recreation areas.
c.
Responsibility for insurance and taxes.
d.
Automatic compulsory membership of all property owners and their successors, and compulsory assessments.
e.
Conditions and timing of transferring control of the association from the developer to the property owners.
f.
Guarantee that the association will not be dissolved without the advance approval of the city.
g.
Restrict the time of deliveries to commercial businesses and dumpster pickup to between 7:00 a.m. and 9:00 p.m.
(7)
Public art displays. A developer or builder who receives permits for new construction, expansion, or addition of more than 100,000 square feet and provides within said development a permanent public art display, as defined in this chapter that meets the following standards of this subsection, shall be entitled to a credit of 10,000 square feet towards common area otherwise required in subsections (j)(1) and (4) of this section. Standards for public art display are:
a.
The valuation of the public art display shall exceed the greater of $50,000.00 or one percent of the development to which this provision applies.
b.
The nature, size, location, and positioning of the public art display shall be as approved by the Director, or designee, prior to issuance of a building permit for the construction of the development of which the public art display is a part.
c.
The size, shape, and nature of the public art display shall be sufficient to provide a visual focal point and be commensurate with the size, shape, and character of the public space in which it is sited. A public art display that is of a size, shape, or nature that is inappropriate for the public space in which it is sited may be rejected by the Director.
d.
No public art display, once approved, shall be removed or relocated, except temporarily for upkeep or repair, except with the approval of the Director.
e.
The owner of property containing the public art display is responsible for maintaining the artwork in good condition continuously after its installation. Maintenance shall include all related landscaping, lighting, and upkeep of the display area and public access ways serving the public art display. However, the Director may allow a public art display that becomes damaged or worn beyond repair to be replaced by another public art display that meets the standards of this subsection.
(k)
Signs .
(1)
Wall signs for buildings with a multi-tenant building, single building, multi-tenant development or single development shall be permitted in accordance with this chapter and article VI, sections 115-195—115-198.
(2)
One shared sign, which shall be of a monument type, is permitted per frontage for multiple-tenant developments in the RAOD. (See example in figure A.9.5 of the district guidelines.) No more than one such monument sign shall be allowed per entrance. Maximum size and minimum setbacks shall be in accordance with section 115-187.
(3)
Signage for individual establishments within a multi-tenant building or development shall be limited to wall signs, awning signs, canopy signs, projecting signs, and suspended signs. Cumulative sign face area for all signage applied for under this section shall be the lesser of 50 square feet or two and one-half square feet per linear foot of frontage of an individual building, unit, or tenant space. One projecting and one suspended sign shall be allowed per individual establishment within a multi-tenant building or development, not to exceed 25 square feet in area and maintain a minimum clearance of eight feet six inches. (See figures A.9.1 through A.9.4 of the district guidelines.)
(4)
Signage for a single building or single development shall be limited to wall signs, awning signs, canopy signs, projecting signs, and suspended signs. Cumulative sign face area for all signage applied for under this section shall be the lesser of 100 square feet or two and one-half square feet per linear foot of frontage of an individual building, unit, or tenant space. One projecting and one suspended sign shall be allowed per individual establishment within a multi-tenant building or development, not to exceed 25 square feet in area and maintain a minimum clearance of eight feet six inches. (See figures A.9.1 through A.9.4 of the district guidelines.)
(5)
Buildings that provide a secondary entrance for customers or residents on the rear or side of the building are allowed one wall sign, awning sign, canopy sign, projecting sign, or suspended sign per side or rear entrance in addition to all other signs that would otherwise be permitted. The total area of all signs permitted by this subsection shall not exceed 32 square feet per side or rear entrance.
(6)
Each building, use or tenant shall be allowed window signs not to exceed ten percent of the total window area of any facade containing the window sign.
(7)
The lowest point of a projecting sign, suspended sign, awning sign, or canopy sign must be a minimum of eight feet, six inches above the sidewalk or ground elevation beneath it.
(8)
Signs located more than 20 feet above the finished floor level are prohibited.
(9)
Incidental signs, such as "no parking," "loading zone," "exit only," "no stopping or standing," etc., that are up to four feet in height and up to three square feet in area are permitted. The cumulative area of incidental signs shall be limited to a total of 12 square feet per building tenant and shall not be included in the sign area provided in subsections (k)(2) and (3) of this section.
(10)
The following types of signs are prohibited:
a.
Oversized signs.
b.
Internally illuminated signs.
c.
Neon signs.
d.
Signs using LED panels.
e.
Day-glow signs.
f.
Signs with more than two sign faces, including V-shaped signs.
g.
Signs which rotate or otherwise feature movement.
(11)
Illuminated signs shall use external lighting fixtures directed toward the sign face so that light fixtures do not cast direct light or glare into adjacent streets or property.
(l)
Standards of architectural design.
(1)
Conformity with design guidelines. The applicant for a building permit in the RAOD shall prepare and submit preliminary architectural plans and elevations of all buildings for review by the Director. The Director shall review such plans and elevations in order to determine if they are substantially consistent with the district guidelines. No building permit shall be approved in the RAOD unless the Director finds that the architectural design is substantially consistent with the district guidelines.
(2)
Exterior building materials.
a.
Exterior building materials for all buildings except single-family residential buildings are restricted to brick, stone, textured concrete masonry, precast concrete, architectural metal, hardiplank, stucco, and glass.
b.
The use of precast concrete, textured concrete masonry, hardiplank, stucco or architectural metal is restricted to no more than 30 percent of the any building's total exterior wall surfaces.
c.
Vinyl siding and metal siding is prohibited for residential buildings, and wood or hardiplank siding is permitted on exteriors of residential buildings, but is limited to 50 percent of the total exterior wall surfaces of any building larger than 600 square feet in floor area.
(m)
Public improvements.
(1)
Street designations established. The following hierarchy of streets is established:
a.
Boulevards. Principal, multi-lane, divided arterials that form the central multi-modal corridors for the most intense land uses and trip generators within the RAOD.
b.
Thoroughfares. Multi-lane, undivided arterials that function primarily as through routes for vehicle traffic traversing the RAOD, linking major activity centers to the interstate highway system and to each other.
c.
Avenues. Secondary public thoroughfares serving as access routes between local streets, thoroughfares, and avenues.
d.
Local streets. Minor streets that primarily provide access for vehicles and pedestrians to land areas that are between avenues and other local streets.
e.
Alleys. Short public or private ways built between two or more local streets that provide secondary access and utility easements for dwellings, parking areas, and building services.
(2)
Street designation maps. The designation, location, and arrangement of existing and new streets within the RAOD shall be in substantial conformity with the street designation map.
(3)
Street design standards. Street designs and specifications for each street designation within the RAOD shall be in accordance with the district guidelines.
(4)
Curb radii. The maximum curb radius at any intersection shall not exceed 20 feet, except along streets classified as boulevards and thoroughfares.
(5)
Sidewalks. Sidewalks at least five feet in width shall be provided on both sides of all streets. Sidewalk widths in excess of five feet shall be provided when specified in public improvement standards pertaining to each street designation provided in subsection (m)(1) of this section.
(6)
Crosswalks. See Figure A.9.7 of the district guidelines.
a.
All intersections shall provide marked crosswalks that connect to sidewalks in all quadrants of the intersection.
b.
Crosswalks shall include pedestrian crossing signage consistent with the most recent edition of the Manual of Uniform Traffic Control Devices.
c.
Crosswalks shall be demarcated with approved materials such as high-reflectivity thermoplastic paint, approved textured surfacing, or pavers.
(7)
Streetscape design. The location and specifications of other improvements in public rights-of-way, including bike racks, trash receptacles, benches, street trees, landscaping, on-street parking, bike lanes, wayfinding, and street lights, shall be as provided in the district guidelines.
(8)
Utilities. All existing and proposed utilities located along streets in the RAOD, except for substations and major electric transmission lines located on separate easements, are required to be placed underground or relocated to the rear of the property so that they will be less visible from streets.
(9)
Escrow in lieu of improvements. At the option of the city, the developer shall pay funds into an escrow account in lieu of making project improvements required in this section. Such escrow account shall be established only for the purpose of coordination of such project improvements with a public improvement project that is part of an approved capital improvements program. The amount of the escrow fund shall be established by the Mayor and City Council based on the projected construction cost of the improvements, based on the most recent edition of Georgia Department of Transportation. The term "item" means summary or other comparable standardized cost estimation procedure.
(n)
Procedures.
(1)
Development application requirements.
a.
Preapplication conference. Prior to preparation of a concept plan or land disturbance permit application, the applicant shall schedule a preapplication conference with the Director of the Community Development Department or his assign. The purpose of the preapplication conference is to formally discuss the intent of the application and to review with staff the requirements of the RAOD.
b.
Concept plan. At least 15 days prior to filing an application for a land disturbance permit within the RAOD, the applicant shall submit a proposed concept plan to the Director. The concept plan application shall consist of the following:
1.
Conceptual site plan. The conceptual site plan shall be submitted on approved media at a scale of 1:100 or greater, with the following information:
(i)
Building footprints, including existing and proposed buildings.
(ii)
Parking locations and number of spaces.
(iii)
Locations of vehicular access and circulation systems.
(iv)
Location, extent and type of public amenities.
(v)
New and existing streets and curb cuts.
(vi)
Locations of sidewalks, trails, and paths.
(vii)
Proposed phasing, if applicable.
(viii)
Other information identified by the Director in the preapplication conference.
2.
Statement of intent. A concept plan in the RAOD shall include a written statement of intent explaining how the proposed development will meet the standards of this section. The written statement shall include:
(i)
The number of acres of the site and how it is divided among land uses.
(ii)
The gross floor area of the site and how it is divided by use.
(iii)
The floor area ratio of the proposed development.
(iv)
The number of dwelling units, by type.
(v)
The residential density in dwelling units per net acres.
(vi)
The height of all buildings in stories and feet above average grade.
(vii)
The common area acreage and percent of the total site area that qualifies as common area.
(viii)
The proposed methods of ownership and maintenance of common area.
(ix)
The amenities provided in exchange for bonuses in gross floor area or floor area ratio, if applicable.
(x)
Other information identified by the Director in the preapplication conference.
3.
Application for certificate of density bonus allocation. If the applicant intends to apply for bonus density or additional GFA bonuses as provided in subsection (h)(3) or (h)(4) of this section, the applicant shall submit such application at the same time as the concept plan, using a form provided by the Department.
(2)
Administrative review and Mayor and City Council approval of concept plan.
a.
The Director shall review the concept plan application and the application for certificate of density bonus allocation, if applicable, with respect to conformity with the provisions of this section and other applicable provisions of this chapter and the development regulations.
b.
A review meeting shall be scheduled with the applicant within ten working days of submission of the concept plan. A determination will be made at this meeting of whether or not the application is eligible for administrative approval by the Director, or requires formal review as outlined in subsection (n)(3).
c.
Within 20 working days following receipt of a completed application, the Director shall complete the review of the concept plan and certificate of density bonus allocation. The Director may recommend approval of the concept plan to Mayor and City Council, recommend approval with comments or conditions, or disapprove the concept plan. If the Director recommends approval with comments or conditions or disapproves the concept plan, he shall issue written explanations, comments and/or revisions to the applicant.
d.
Following a recommendation of approval or approval with comments or conditions, the Director will present the recommendation to the Mayor and City Council at their next Policy Work Session for their consideration, and final action at a following regular meeting.
e.
Upon approval of the concept plan and the certificate of density bonus allocation by the Mayor and City Council, if applicable, individual phases of the redevelopment project may be undertaken through the site development and subdivision platting process, if applicable, contained in the development regulations. Projects in the RAOD may be constructed as a single phase, or may be constructed in multiple phases, in accordance with the approved concept plan.
(3)
Formal review and approval of concept plan.
a.
If the Director determines that variances from the site and building design criteria of this section subsections (h) through (l), are required, and that an administrative approval of the concept plan cannot be granted, formal review and approval of the concept plan may be sought by the applicant.
b.
Formal review and approval of the application and concept plan requires, a recommendation from the following boards and authorities before presentation to the Mayor and Council for final action:
1.
Downtown Development Authority.
2.
Architectural Review Board,
3.
Planning and Zoning Board,
c.
A project undergoing formal review must still demonstrate that it meets the purpose and intent of the RAOD.
d.
The Mayor and City Council under this formal review process can grant any variance from the site and building design criteria of this section, including a housing density bonus of twice that allowed in each Tier.
(4)
Modification of approved concept plan.
a.
Minor modifications. Within the RAOD, the Director is authorized to approve minor changes in any previously approved concept plan, subject to the limitations in this section, within ten working days of a completed submittal.
b.
Contents. Minor modifications to an approved concept plan for a concept plan in the RAOD may include, but are not limited to:
1.
Changes to the location of permitted uses provided such changes do not materially affect the development concepts or nature of the approved development.
2.
Minor shifting of the location of streets, public or private ways, utility easements, parks, or other public open spaces, or other incidental features of the plan, provided that such changes meet all of the following:
(i)
Do not increase densities.
(ii)
Do not change the outside boundaries of the development tract.
(iii)
Do not affect the form of ownership, control or maintenance of common areas.
c.
Major modifications.
1.
Any modification of an approved concept plan that is requested by an applicant/developer that does not qualify as a minor modification shall be a major modification.
2.
A major modification to an approved concept plan within the RAOD shall be reviewed by the Director and shall conform to all the applicable standards and requirements of this section and other applicable ordinances of the city. A major modification shall constitute a new concept plan application and shall be subject to all the requirements of subsections (n)(1), (2) and (3) of this section.
(5)
Appeals. Any person aggrieved or adversely affected by an administrative decision of the Community Development Director pertaining to the application of the provisions of this section may appeal the decision to the Zoning Board of Appeals, following the requirements of Article IX.
(6)
Site development application. Prior to application for approval of construction plans, the developer shall prepare a site development plan as provided in the city development regulations.
a.
Contents of application. In addition to the information required for site development plans each site development plan application in the RAOD shall be accompanied by the following documents:
1.
Projects over 100,000 square feet of gross floor area shall submit a traffic study meeting the standards of section 105-300 of the City Code.
2.
All projects shall submit a multi-modal access plan. The multi-modal access plan shall show connections from the system of streets, alleys, sidewalks, and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,250 feet (straight line distance) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 500 feet of the subject property, the access plan shall show how safe, continuous, and convenient bicycle access may be provided to the subject property.
3.
Submit a shared parking analysis for use of shared parking, if applicable. The shared parking analysis shall meet the requirements of the Director.
b.
Review of multi-modal access plan, traffic impact study, and shared parking analysis. Concurrent with review of the site development plan, as applicable, the Director shall review the traffic study, multi-modal access plan, and shared parking analysis, if required. Such review shall assess the consistency of these documents with the applicable City of Norcross Redevelopment Area District Design Guidelines and conformity with each of the standards and requirements of this section.
c.
Certificate of development plans approval. Issuance of a certificate of development plans approval shall be contingent upon the Director's approval of the site plan, traffic study, and multi-modal access plan, as well as the shared parking analysis and certificate of density bonus allocation, if applicable.
d.
Permitting. For property within this RAOD, the Director shall have sole authority to issue or withhold site plan approval, land disturbance permits, development permits and building permits subject to the development's conformity with the requirements of this chapter, and development regulations, as applicable.
(Ord. No. 20-2008, § 106-95, 7-7-2008; Ord. No. 22-2008, pt. I(106-95), 9-8-2008; Ord. No. 24-2012, pt. 1, 10-1-2012; Ord. No. 07-2016 , §§ II, III, 7-5-2016; Ord. No. 08-2017, § I, 2-5-2018 )