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ATTACHMENT 2
ORDINANCE NO. 1747
Legend
Strikethrough = Deleted language
Strikethrough = Proposed deleted
hotel language, reverting to original
Underline = Added language
Title 17 ZONING
Chapter 17.09 SPECIFIC PLAN AREAS Article I. Specific Plan Area No. 1
17.09.050 Need for specific plan area.
A. This specific plan area is adopted in, order to establish objectives, policies, regulations, development standards and review criteria for the implementation of a compatible blend of mutually supporting land uses consisting of two multi-story hotels, a wide array of professional offices and retail commercial uses, complementary commercial entertainment uses and residential condominiums. Traditional zoning practice is less capable of encouraging the desired land use mix and is less favorable to the use of unique and imaginative designs.
17.09.070 Area development policies.
J. Particularly high standards of development shall be applied to realize the unique potential of the area, to attract two suitable hotels, professional office and commercial uses, to provide an attractive residential neighborhood, and to enhance the environment for surrounding residents.
17.09.090 Categories of land uses.
This specific plan area provides for the following categories of land uses: hotel s, office, retail, accessory commercial, billboards, wayfinding signage, building identification signage, residential condominiums and water wells and appurtenant structures. Uses shall be located as shown on Exhibit “A.” (Ord. 21-1722 § 2; prior code § 27-31.9)
17.09.100 Use approvals.
A. Unless specified below no category of use shall be established and no building shall be constructed in specific plan area No. 1 zone except upon the issuance, existence, and validity of a conditional use permit as provided for in Section 17.02.210 of the Norwalk Municipal Code and upon review and approval of a precise development plan as provided for in Section 17.02.205 of the Code. The criteria for approval shall include the following:
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1. The general requirements for a conditional use permit as set forth in Section 17.02.210 are satisfied;
2. The general requirements for a precise development plan as set forth in Section
17.02.205 are satisfied;
3. The use(s) conform to and promote the objectives, policies, standards; regulations, purpose and intent provided for in this specific plan area;
4. The use(s) will serve to enhance the special identity of the area ensuring that the physical design follows the theme for the development;
5. The use(s) will be functionally located and integrated with respect to other uses within this specific plan area;
6. Sufficient evidence will be provided to assure that no unmitigated adverse environmental effects caused by odor, noise, glare, traffic, vibrations, fumes, smoke, particulate matter or unsafe storage of hazardous materials will occur.
B. Notwithstanding contrary provisions in other sections of the Norwalk Municipal Code relative to final decision-making authority, submission of plans and applications, and other procedural activities, it is deemed necessary to enact the following revisions thereto in order to assure effective review and implementation of this specific plan area.
1. With respect to a conditional use permit, the Planning Commission shall not have the authority for final approval. The City Council shall conduct a public hearing and assume the decision-making responsibility for all conditional use permits within this specific plan area. All requirements for notices of public hearing, conduct of public hearing, recommendation to the City Council by the Planning Commission and similar activities shall remain unchanged.
2. With respect to a precise development plan, the Planning Commission shall assume decision-making responsibility. The City Council shall be notified of the decision of the Planning Commission in a timely manner and may direct the precise development plan to be scheduled for its review.
3. No conditional use permit application for any use or uses shall be submitted unless accompanied by a master plan of development covering this entire specific plan area. For the purposes of review and approval of a conditional use permit, the master plan may be schematic rather than precise, but shall contain sufficient details to allow for a determination regarding the criteria set forth in this chapter.
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4. Minor revisions to plans and/or uses approved by the Planning Commission and the City Council may be authorized by the Director of the Department of Community Development.
5. At the discretion of the Director of the Department Community Development, a precise development plan may be scheduled for review and approval at a public hearing including compliance with all notices, procedures, and other activities appurtenant thereto. In any event, notice of any public hearing to consider a precise development plan shall be provided to surrounding property owners in a manner deemed satisfactory by the Director of the Department of Community Development.
B. In conjunction with the approval of a conditional use permit, the use(s) approved may include the range of uses within the same land use category as the approved use or uses for the purpose of a change in tenants without another conditional use permit provided that the Director of the Department of Community Development determines that the new use is substantially similar to the approved use and is otherwise included in the listing of uses permitted in this specific plan area. It shall be the responsibility of the developer, project manager, leasing agent, or other authorized representative to obtain said approval prior to exercising any lease or rental agreement, securing a City business license, obtaining a building permit, and/or receiving any other City approvals that are necessary. The decision of the Director of the Department of Community Development may be appealed to the Planning Commission and the Planning Commission’s decision is subject to appeal to the City Council. (Ord. 21-1722 § 2; prior code § 27-31.10)
17.09.110 Permitted uses.
In the specific plan area No. 1 zone, the following uses may be permitted subject to any conditions deemed necessary to accomplish the objectives and policies of this specific plan area: A. Designated Commercial Area and Parking/Utility Area (refer to Exhibit “A”):
1. Hotel s or motor inn,
2. Business and professional offices, including administrative, financial, executive, regional and corporate headquarters. Permitted uses shall include, but are not necessarily limited to, the following:
Accounting, auditing, and bookkeeping services,
Advertising and public relations services,
Architectural, engineering and planning services,
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Attorneys,
Billboards, subject to an approved Sign Use Permit (SUP) Brokers, except truck brokers where truck traffic would be generated, Business and management consulting services,
Collection agencies,
Credit services,
Data processing services,
Detective and protective services,
Doctors, dentist, optometrists, chiropractors and others licensed by the State to practice the healing arts for human beings, and accessory uses such as oculists, medical laboratories, and pharmacies dispensing only medical products, Duplication, mailing and stenographic services,
Employment services,
Escrow and title companies,
Financial institutions,
Insurance services,
Interior decorator,
Investment services,
Manufacturing and commercial services,
Photographic services,
Public utility offices,
Real estate services,
Research services,
Security and commodity brokers, dealers, and exchanges, Tax consultation,
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Telephone answering service,
Travel agency;
3. Retail stores and services that will complement and support the two hotels, office and professional uses in the commercial portion of the site. Permitted uses shall include, but are not necessarily limited to, the following:
Antique stores,
Arcades
Art galleries or shops,
Automobile rental agency (provided no cars are serviced or stored on the site), Bakeries,
Barber/beauty shops,
Book stores,
Bowling Alley,
Candy, nut and confectionery stores,
Computer and electronic equipment sales,
Clothing stores,
Curio shops,
Department stores,
Drug stores,
Dry cleaning/laundry, plant off-premises,
Dry goods stores,
Entertainment venues, such as small amphitheater venues for cultural, music and other entertainment events,
Florist,
Furniture stores,
Gift shops,
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Instrument sales,
Jewelry stores,
Liquor stores,
Lounges, clubs,,
Music stores,
Museums,
News and magazine stands,
Outdoor events, subject to a Special Event Permit,
Photograph galleries,
Photographic equipment sales,
Radio and television sales,
Restaurants, with or without the sales of beer/wine or alcoholic beverages, Shoe repair,
Specialty retail stores,
Sporting goods stores,
Stationery stores,
Tailor shops,
Ticket sales;
4. Accessory Commercial:
On-sale alcoholic beverage establishments provided such uses are part of a bona fide eating place, or conducted within a hotels or motion picture theater, subject to the requirements of Section 17.04.140, except subsection (E)(1) (distance requirement) of that section shall not apply to:
Delicatessens,
Motion picture theaters, excluding drive-in theaters,
Museums,
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Restaurants;
17.09.120 Prohibited uses.
All uses are prohibited unless provided for and authorized under the specific plan area. Under no circumstances shall the following uses or activities be permitted either as a principal or accessory use:
Adult-oriented businesses including book stores, drive-in theaters, indoor theaters, and massage parlors;
Automobile parts and accessories, except as an accessory use to a permitted principal use; Automobile repair and service;
Bail bonds office;
Collection Agencies;
Credit services;
Detective and protective services;
Off-sale alcoholic beverage establishments;
On-sale alcoholic beverage establishments which are not part of a bona fide eating place, or conducted within a hotel, entertainment venue, lounge, club or motion picture theater; Billboards;
Billiard parlor;
Christmas tree sales lots;
Churches, synagogues, temples and other buildings primarily devoted to religious worship; Educational institutions;
Fireworks sales stands;
Game arcade (as a principal use);
Gasoline stations;
Home occupations, except for office use only, subject to the requirements of Section
17.02.150;
Hospitals, sanitariums, child care centers, homes for the aged and other similar uses; ZTA 2024-01 Legislative Draft Page 8 of 10
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Ice sales (from dispensers);
Industrial and manufacturing uses;
Laundry business;
Laundry, self-service;
Liquor stores;
Manufacturing and commercial services;
Mobile home and trailer parks;
News and magazine stands;
Outdoor sales establishments;
Pawnshops;
Security and commodity brokers, dealers, and exchanges; Tax consultation;
Telephone answering service. (Ord. 21-1722 § 2; Ord. 15-1670 § 2; prior code § 27-31.12)
17.09.130 Development standards for commercial parking/utility sites.
E. Building Height.
1. Primary structures (generally intended to be hotels and/or at least one office building):
a. The minimum building height shall be six stories.
b. A main structure may be allowed at less than the minimum building height specified herein if specifically allowed for and approved by a conditional use permit provided that it is clearly demonstrated that the objectives and policies expressed within this chapter will not be detrimentally affected. c. An extension, wing, or other portion of a main structure may be less than the minimum building height.
G. Off-Street Parking
1. Parking shall be provided as follows:
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a. Hotel s or motor inn: one space for each two guest rooms. In addition, parking shall be provided for various uses within hotels in accordance with standards set forth in this section.
M. Landscaping.
10. A minimum of one specimen tree shall be provided for each 2,000 square feet of gross floor area within the development, excluding nonpublic areas within the hotels. For the purposes of this chapter, a specimen tree shall include 15 gallon size trees up to a maximum of 50% of the required number; All other required trees shall be 24 inch box or larger. The species of said trees shall be approved by the Director of the Department of Community Development.
O. Signs.
1. A master sign plan establishing conditions, standards and regulations for all signs within the development shall be approved by the Planning Commission prior to the establishment of any signs, including temporary signs, within the entire development.
2. All signs and billboards shall be designed to enhance the architectural quality of the development through use of similar materials, colors, motifs and design elements used in the buildings and shall be coordinated throughout the site.
3. All wayfinding signage will be subject to Director Approval Request (DAR).
Signs shall generally be low-profile with monument signs being encouraged.
Roof signs and pole signs may be prohibited.
17.02.203 Director approval requests.
C. Types of Approvals. The Director may administratively approve the following:
2. Minor developments:
a. Building additions up to 30% of the existing building’s gross floor area on properties zone for nonresidential uses.
b. Walls, fences, and hedges in any zone, pursuant to Section 17.03.300. c. Façade improvements on properties zoned for nonresidential uses. d. Modification to approved master sign programs.
e. Artificial turf in any zone, pursuant to the standards contained in Section
17.03.010.H.
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f. New single-family residences on substandard lots.
g. Modifications/reconfigurations to parking layouts, pursuant to the standards in Section 17.30.050.
h. All wayfinding signage and modifications to on premise and off premise approved wayfinding signage