§ 40-449. Development review procedures in the Mixed Use Corridor District.

(a)

General review procedures. Requests for development and redevelopment in the Mixed Use Corridor District shall be submitted to the Jefferson Parish Planning Department. Upon review of complete site plans, the planning department shall determine the level of site plan review required for the particular project. The applicant shall submit fully detailed development plans in accordance with section 40-450, Site Plan Submittal, to the planning department. Development review procedures for each of the site plan review levels shall be as follows:

(1)

Level 1 site plan review. Level 1 site plan review shall apply to nonresidential developments which fully meet the Mixed Use Corridor District regulations and do not have any outstanding code enforcement violations. When the planning department determines that the Mixed Use Corridor District regulations are fully met, the development project may proceed to the building permit process.

(2)

Level 2 site plan review. Level 2 site plan review shall apply to all mixed-use developments containing residential uses as well as all non-residential developments which do not fully meet the Mixed Use Corridor District regulations and request a variance, in accordance with the following provisions:

a.

When the planning department determines that the MUCD regulations are not fully met and a variance is included in the development proposal, the site plan submittal shall be reviewed in accordance with section 40-449(d), Application for Site Plan Review, the final disposition of which shall be determined by the Jefferson Parish Council.

b.

A variance to the Mixed Use Corridor District regulations may be granted by the Jefferson Parish Council through the site plan review process for the Mixed Use Corridor District provided the variance is consistent with the criteria specified in section 40-442, District Composition, paragraph (e), site plan review.

c.

If the development proposal meets all of the requirements of the Mixed Use Corridor District regulations except the sign regulations and the applicant has requested a sign variance that if granted would not affect the location of a substantial development feature including, but not limited to, a building or other structure, required parking, or required landscaping, then the Department of Inspection and Code Enforcement may issue a building permit for all improvements except signs. A sign permit shall not be issued until final disposition of the sign variance by the parish council. Within five (5) days of determination that the development proposal meets all of the MUCD requirements except the sign regulations, the planning department shall notify the department of inspection and code enforcement in writing of the determination.

(b)

Development existing prior to the establishment of the mixed use corridor district . Changes in use, additions or renovations to existing development established prior to the MUCD shall be reviewed by the planning department, which will determine the level of site plan review required in accordance with section 40-449(a), general review procedures.

(1)

Conditions for compliance. Development proposals meeting any of the conditions below shall be required to comply with the criteria set in this paragraph for development existing prior to the MUCD:

a.

Changes in use. If there is a change in the permitted use involving an increase in required parking.

b.

Additions. If there is an addition to any structure involving an increase in twenty-five (25) percent or more to the size of the original development or structure.

c.

Renovations. If there is a renovation of any structure which exceeds fifty (50) percent or more of the fair market value of the existing structure, as shown by the most recent tax assessment.

(2)

Signs.

a.

New signs. All new signs shall conform to the Mixed Use Corridor District regulations specified in section 40-448 of this section.

b.

Existing signs. Existing signs which undergo a total replacement or change in height or area shall fully conform to section 40-448, Sign Regulations. Normal maintenance of existing signs or changes in the face are not included under this provision.

(3)

Landscaping and buffering standards for existing development:

a.

Changes to developments existing prior to the MUCD meeting any of the conditions for compliance specified in section 40-449(b)(1) above shall be required to landscape a minimum of ten (10) percent of the development site. The required landscaping shall generally follow landscaping requirements set in section 40-446, landscaping and buffer requirements, subject to space limitations of the existing development.

b.

The trash disposal system shall be completely screened from view from public rights-of-way and adjacent properties by a wood, brick or masonry fence with a minimum height of seven (7) feet.

(4)

Parking.

a.

The proper number of parking spaces for the land use(s) included in the development shall be provided in accordance with Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations.

b.

No existing legal required parking space(s) shall be deleted to comply with the requirements set above in section 40-449(b)(3), Landscaping and Buffer Standards for Existing Development or below in section 40-449(b)(5) Support Buildings and Structures.

(5)

Support buildings and structures. New support buildings or structures or the relocation on the same development site of existing support buildings or structures shall, subject to space limitations, comply with all MUCD requirements for support buildings and structures.

(c)

Substandard lots of record within the MUCD.

(1)

Development proposals on lots less than ten thousand (10,000) square feet within the MUCD shall be submitted to the Jefferson Parish Planning Department, which will determine the level of site plan review required in accordance with section 40-449(a), general review procedures.

(2)

Lots which do not meet the site area or other requirements delineated in section 40-444, Area Regulations, shall follow the landscaping requirements for developments existing prior to the establishment of the MUCD in section 40-449(b)(3), Landscaping and Buffer Standards for Existing Development.

(d)

Application for site plan review.

(1)

Pre-application conference. Prior to the submission of an application for development review, a pre-application conference with a designated representative of the planning department is required. The purpose of the pre-application conference is to thoroughly discuss the proposal and regulations specified in the Mixed Use Corridor District.

(2)

Application.

a.

An application for site plan review in a Mixed Use Corridor District shall be filed with the planning department and shall contain the following information:

1.

Interest and ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the concurrence of the owner or owners of the entire land included in the proposed plan and all encumbrances of such land; and sufficient evidence to establish that the applicants are all the owners and encumbrances of the designated area, and have the ability to do so.

2.

Development plans. The applicant shall submit ten (10) copies of site plans with the information listed and procedures set in section 40-450, Site Plan Submittal, and any other information as may be necessary to describe completely the Mixed Use Corridor District Development.

3.

Ordinance and legal attachments. An ordinance and all other legal attachments relative to the mixed use development are required at the time of application in the format specified by the Jefferson Parish Clerk of Council.

4.

Fees. Additional fee requirements for multiple-family dwellings that exceed the maximum height allowed by right are located in the height regulations section of this district.

i.

Fees for development in a Mixed Use Corridor District requiring site plan review as required by Sec. 40-449, Development Review Procedures in the Mixed Use Corridor District shall be in accordance with the following schedule:

MUCD FEE SCHEDULE FOR

SITE PLAN REVIEW

MUCD Development	Dollar Amount
Level I Site Plan Review	$150.00
Level 2 Site Plan Review Building Area any size, MUCD regulations are not met and variance requested	$250.00 per acre or portion thereof and not to exceed $5,000.00
Amendment To An Approved MUCD Site Plan, based on a flat fee per amendment:	$250.00 per amendment
Additions or Renovations to Developments Existing Prior to the MUCD:	$250.00

 

 

ii.

Upon submission of an application for a multiple-family development that exceeds the maximum height allowed by right in the district, fees for site plan review shall be required in accordance with the site plan review fee schedule located in the BC-2 Business Core District.

5.

Administrative examination.

i.

Upon receipt of a complete application with all information properly supplied as specified within this Code, the planning director shall forward the site plan to the Land Use Review Technical Committee (LURTC) for review and comment prior to action. Lack of findings from LURTC within ten (10) days shall be construed as no objection to approval.

ii.

After evaluating LURTC comments and the site plan's compliance with applicable development regulations, the planning director shall approve the site plan or make a recommendation regarding approval of the site plan and forward it to the planning advisory board and council for action in accordance with Article XLVIII, Changes and Amendments for general procedures not specified in section 40-449, by the next available advertisement deadline.

6.

Recordation of mixed use corridor district site plan.

i.

In general. A development plan certified by the planning department as meeting the MUCD regulations in accordance with section 40-449 or approved by the Jefferson Parish Council as a Level 2 site plan shall be recorded with the clerk of court. An original of same shall be furnished to the planning department with a copy also furnished to the department of inspection and code enforcement which shall thereafter be binding upon the applicants, their heirs, successors, and assigns; shall limit and control the issuance and validity of permits and certificates; and shall restrict and limit the use and operation of all land and structures within the area designated in the Mixed Use Corridor District site plan and approval thereof.

ii.

Level 1 recordation for multiple-family residential development site plans that exceed the maximum height permitted by right. The applicant shall submit at least four (4) final original site plans to the planning department. Final approval of the site plan, as indicated by the dated signature of the planning department director, shall be withheld until the requested number of site plans has been received by the planning department. Within thirty (30) calendar days of final approval, the planning department shall submit an original site plan to the clerk of court for recordation. The recorded site plan shall thereafter be binding upon the applicants, their heirs, successors, and assigns; shall limit and control the issuance and validity of permits and certificates; and shall restrict and limit the use and operation of all land and structures within the area designated in the site plan and approval thereof. An original of the site plan stamped by the Clerk of Court indicating the recordation shall be retained by the planning department and by the department of inspection and code enforcement.

iii.

Level 2 recordation for multiple-family residential development site plans that exceed the maximum height permitted by right. The applicant shall submit to the planning department at least five (5) original site plans of the project as approved by the Jefferson Parish Council. After certification by the planning director that the submitted plans conform to the approval of the council, as indicated by the dated signature of the planning director, the planning department shall submit four (4) of the certified site plans to the clerk of council who shall submit the site plans to the clerk of court for recordation with the council ordinance which approved the project within sixty (60) calendar days of the effective date of the ordinance or certification by the planning director that the site plans conform to the approval of the council, whichever is later. The recorded site plan shall thereafter be binding upon the applicants, their heirs, successors, and assigns; shall limit and control the issuance and validity of permits and certificates; and shall restrict and limit the use and operation of all land and structures within the area designated in the site plan and approval thereof. An original of the recorded site plan stamped by the clerk of court indicating the recordation shall be retained by the clerk of council, the planning department, and the department of inspection and code enforcement.

(3)

Minor changes in approved Mixed Use Corridor District site plans.

a.

Minor changes needed to facilitate construction and site improvements are permitted, if such minor changes will not change the character of the approved development, nor increase the density, gross floor area, intensity of use, or ground coverage. Further no increase of total building site area, in spaces between building, the ratio of off-street parking and off-street loading area to gross floor area, or gross floor area shall be considered. No change shall be deemed minor to the approved Mixed Use Corridor District site plan that alters the approved permitted uses.

b.

The director of planning shall review and determine what constitutes a minor or major change for an approved Mixed Use Corridor District site plan and be responsible for making minor changes on the site plan, if the request is approved. Appeals of said decision by the planning director shall be forwarded to the planning advisory board for review, where a majority vote of the members shall be required to override the decision of the planning director concerning said minor change. Otherwise, an amendment to the Mixed Use Corridor District site plan shall be required, in accordance with procedures delineated in section 40-449(d)(4), Amendment or Withdrawal of Mixed Use Corridor District Site Plan.

(4)

Amendment or withdrawal of Mixed Use Corridor District site plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the Mixed Use Corridor District site plan was approved and registered, any Mixed Use Corridor District site plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such Mixed Use Corridor District site plan comply with all conditions and limitations of the Mixed Use Corridor District, and all land and structures withdrawn from such Mixed Use Corridor site plan comply with all regulations established by the zoning ordinance and unrelated to the Mixed Use Corridor District.

(e)

Vested rights for new applications . To assure applicants that development applications will be processed in accordance with the rules in effect at the time of submittal of a completed application, section 33-4.20, Vested rights for new applications, in Article 4, Non-Conforming Situations/Vested Rights of Chapter 33, UDC, of this Code, shall apply to MUCD applications for site plan review.

(Ord. No. 20783, § 3(XIII-F(9)), 9-22-99; Ord. No. 21388, § 4, 9-26-01; Ord. No. 22794, § 11, 7-19-06; Ord. No. 23330, § XXVI, 6-11-08; Ord. No. 23663, § 1, 10-14-09; Ord. No. 23938, § 4, 1-12-11; Ord. No. 24823 , § XVII, 9-17-14; Ord. No. 24989 , § XIII, 8-12-15; Ord. No. 24955 , § 6, 6-10-15)