Article II — Specific Plan Area No. 2

The specific plan area is bounded by Pioneer Boulevard on the west, Cresson Street and the southerly line of Lot 40 of Tract No. 16143 on the north, the westerly lines of Lots 17 to 24 of Tract No. 15195 and Lots 310 to 311 of Tract No. 15197 on the east, and the northerly lines of Lots 135, 290 and 291 also of Tract No. 15197 on the south, as illustrated in Exhibit "A," Area Map/Specific Plan Area No. 2.

EXHIBIT "A" AREA MAP SPECIFIC PLAN AREA NO. 2

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(Prior code § 27-32.1; Ord. 21-1722 § 2)

The area development plan is an instrument designed to guide, coordinate and regulate development of the site, and is similar to a "specific plan" as authorized under Article 8 of Chapter 3 of the State Planning and Zoning Law. In as much as the area development plan replaces the traditional zoning regulations, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used, except as hereinafter specifically provided and allowed by this chapter and other relevant chapters of this code. (Prior code § 27-32.2; Ord. 21-1722 § 2)

The purpose of this specific area plan is to facilitate timely implementation of general plan objectives and attainment of housing goals in a manner that will enable creation of a distinctive multifamily residential environment possessing outstanding visual and functional qualities. It is intended that the purposes of this article be fulfilled through establishment of density limitations that allow sufficient flexibility to assure economic project feasibility, regulation of the architecture, type and arrangement of structures, setbacks, on-site vehicular and pedestrian circulation, open space, landscaping and related design elements to capitalize upon special opportunities of the designated area while permitting a reasonable degree of latitude favorable to unique and imaginative designs. The

development standards, coupled with the policies and objectives set forth herein, are intended to assure development of the specific plan area to its highest and best use, in a manner deemed appropriate to fulfill neighborhood as well as community housing needs. (Prior code § 27-32.3; Ord. 21-1722 § 2)

The specific plan area consists of approximately eight and six-tenths acres of topographically flat land located at the southeast corner of Pioneer Boulevard and Cresson Street. The site is currently occupied by an abandoned service station and a neighborhood shopping center that has been virtually abandoned, and the balance of the site remains undeveloped.

The property is in a dilapidated and deteriorated condition which has had a deleterious effect on property values in the vicinity. The properties on the north, east and south are zoned and developed for single-family residential use, and that to the west for multifamily residential. (Prior code § 27-32.4; Ord. 21-1722 § 2)

The primary objectives to be served through, the implementation of this specific area plan are:

• A. To assure consistency with land use element proposals of the general plan for the subject area;

• B. To eliminate conditions of blight adversely impacting the area and promote development of the site to its highest and best use;

• C. To facilitate the creation of a multifamily residential development that can provide a mixture of rental units and dwellings designed for owner-occupancy;

• D. To employ a sufficient degree of site control to assure that a minimum of 45 of the rental units will be made available for occupancy by low and moderate-income families, in accordance with, housing assistance plan goals of the City;

• E. To promote a unified development scheme which minimizes actual and/or perceived spatial, architectural or related design element differences between the assisted and non-assisted dwelling units; and

• F. To elicit innovative uses of architecture, landscaping and related design features, to create an imaginative residential setting that possesses a high degree of identity and quality.

• (Prior code § 27-32.5; Ord. 21-1722 § 2)

In order to achieve the foregoing objectives, the following policies shall be applicable to the design, management and regulation of development and uses within the specific plan area:

• A. Particular emphasis shall be placed upon those development standards affecting architecture, landscaping, fencing and related design elements to assure:

  1. The ensuing development will be one of outstanding visual quality, whether viewed by passing motorists and pedestrians or those who will ultimately visit or reside within the project;

  2. Appropriate use of decorative fencing, landscaping and related elements to provide project security and heighten the perception of a self-contained residential environment with

distinctive identity; and

3. Proper integration of on-site vehicular and pedestrian circulation systems to enhance visual appearance as well as functional relationships.

• B. Parcelization of the specific plan area shall be discouraged, other than that which may be required to enable a more appropriate integration of assisted rental units into the overall development scheme.

• C. Development staging shall be accomplished in a manner that will assure timely and concurrent construction and completion of the assisted and non-assisted dwelling units in order to carry out the purposes of this article.

• D. In order to preclude any diminishment in quality of the specific plan area project environment in the future, covenants shall be required of developers/owners to guarantee the highest levels of property care and maintenance.

• E. The specific plan concept shall be used to capitalize upon the unique potential of the designated area and a maximum amount of flexibility, consistent with the purposes and intent of this plan, shall be allowed to encourage other innovative and imaginative designs.

• (Prior code § 27-32.6; Ord. 21-1722 § 2)

The attached map referred to as Exhibit "B" and entitled "Illustrative Plan/Specific Plan Area No. 2," is adopted as part of this specific plan area. The illustrative plan represents a concept for implementing the objectives, policies, standards and regulations of this chapter. It is intended to serve as a guide to desired development rather than a set of absolute specifications and, as such, is illustrative rather than mandatory.

EXHIBIT "B" ILLUSTRATIVE PLAN SPECIFIC PLAN AREA NO. 2

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(Prior code § 27-32.7; Ord. 21-1722 § 2)

The specific plan area provides for multifamily residential categories of land uses only as specified by Section 17.09.270 . In conjunction therewith, it is specifically required that a minimum of 45 of the total number of multifamily dwellings created within the specific plan area take the form of rental units made affordable for occupancy by low- and moderate-income families in compliance with housing assistance plan goals of the City. (Prior code § 27-32.8; Ord. 21-1722 § 2)

In the specific plan area No. 2 zone, the following uses shall be permitted, subject to any conditions deemed necessary to accomplish the purposes and intent of this chapter and provisions of Section 17.02.240 governing precise development plans:

• A. Multifamily residential units:

  1. Apartments;

  2. Condominiums, townhouses and/or similar dwellings designed for owner-occupancy.

• B. Accessory residential uses:

  1. Garages and/or carports;

  2. Recreation room(s) and/or related structures;

  3. Swimming pools and/or spas.

• C. Other Uses: The uses specified in this section shall generally be construed as the only uses permitted in the specific plan area No. 2 zone; however, the keeping of a limited number of domestic pets, and/or similar types of incidental uses or activities customary to multifamily residential living, may be authorized by the Planning Commission, unless found detrimental to preserving the unique quality of this development area.

• (Prior code § 27-32.9; Ord. 21-1722 § 2)

The basic requirement for allowable density shall limit the development to a maximum of 16 dwelling units per acre within the specific plan area boundaries, unless otherwise modified by the following:

• A. Parcelization of land within the specific plan area shall be discouraged unless separation of assisted from the non-assisted units is necessary for financing, maintenance, effective operations or similar purposes. In such event, density on any single parcel may exceed the 16 unit per acre limitation, provided the overall density within the specific plan area boundaries meets the basic requirement.

• B. Greater densities may be established upon the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210 and final approval by the City Council.

• (Prior code § 27-32.10; Ord. 21-1722 § 2)

In order to achieve the purposes and intent of this article, development of the site shall be subject to conditional use permit review as set forth in Section 17.02.210 and final approval by the City Council, to assure compliance with the following site development standards:

• A. Building Characteristics.

  1. Dimensions. In general, clusters of small buildings are preferable to those having a horizontal length exceeding 160 feet, unless a greater length is found to be in conformance with the intent of this plan. In order to preclude the monotony of long and continuous flat walls, offsets shall be required as deemed appropriate for visual and functional purposes.

  2. Height. Building height shall be subject to requirements of Section 17.05.020 of the R-3 zone.

  3. Spacing. Minimum distances between the ends of buildings shall be 10 feet, and, between the fronts of buildings facing each other, 30 feet. Given variations in bulk characteristics and the arrangement of buildings relative to each other, greater building separations may be required in order to achieve a development form that will not diminish human scale proportionality.

  4. Sound Control. All wall and floor/ceiling assemblies between individual units shall be constructed with the following sound attenuation ratings:

     • a. The wall assemblies between individual units shall have a minimum STC rating of 52; and

     • b. The floor/ceiling assemblies between stacked units shall have a minimum STC rating of 58.

• B. Architecture.

  1. Buildings. Particular attention should be given to the creative use of decorative wood, brick and/or other exterior materials of varied types and textures, to lend character and strength to an architectural theme of outstanding visual and functional quality.

  2. Roofs. Inasmuch as roofs can be one of the most dominant elements affecting the general character, aesthetic and marketing appeal of any structure, tile or shake, or other comparable materials if dictated by unique design characteristics, should be used in a creative fashion to enhance project unification.

  3. General. It is the intent of this chapter to assure that all structural components of the specific plan area development, including the assisted rental units, assumes an identical or highly comparable and complimentary form of architecture.

• C. Setbacks.

  1. Perimeter Setbacks. A minimum setback of 15 feet shall be required adjacent to the Pioneer and Cresson Street frontages and a minimum of 20 feet for the remainder of the property abutting R-1 zoned and developed properties.

  2. Side Yard Setbacks. Interior side yard setbacks that may be created as the result of parcelization described in Section 17.09.280(A) shall be established in conjunction with precise development plan review, and in conjunction therewith may be reduced to zero feet.

  3. Permitted Structures. Carports and garages are permitted within the above stated setbacks, except those adjacent to the Pioneer and Cresson Street frontages, subject to precise development plan review and approval.

• D. Open Space. Generously landscaped open areas shall be provided in keeping with illustrative plan concepts to enable creation of an exceptional park-like residential setting.

  1. Every dwelling unit within the specific plan area shall be adjacent to a common open area.

  2. A pedestrian circulation system, designed to assure convenient and pleasing access, shall be provided to link residences with private and common open spaces, recreation facilities and parking areas.

  3. Curvilinear walkways should include use of brick, stone, pebble aggregate concrete or other forms of decorative paving, having a width of no less than four feet.

  4. Common open area improvements, in addition to those designed for recreation purposes, should include use of benches, ornate lighting and similar features to create a unique and functional environment.

  5. The rental units shall be provided with play areas as needed to meet requirements of the Federal Section 8 New Construction Program.

• E. Landscaping. A landscape plan, signed by a certified landscape architect, shall be provided to show the location of turf trees, shrubs, walks, fences, and any ponds, fountains or other decorative features. The plan shall clearly portray a permanent irrigation system, identity all plants by their botanical and common names, and indicate the location, number and container size of all shrubs and trees.

  1. Theme trees for parkways and entrances shall be of a size, species, number and location as determined appropriate by the Director.

  2. Special landscaping treatment, accompanied by use of mounds, berms, decorative fencing and/or similar design elements, shall be provided on the peripheral boundaries of the specific plan area, particularly where adjacent to streetways, to accentuate the distinctive nature of this residential development.

• F. Parking.

  1. General Requirements. There shall be at least two parking spaces provided for each dwelling unit and one guest parking space for each 10 units. In addition, some screened areas may be required for recreational vehicles to preclude the use of visitor parking areas for storage.

     • a. Parking spaces shall be at least 10 feet by 20 feet within garages. All uncovered spaces shall be a minimum of nine by 18 feet, or 10 feet by 18 feet if adjacent to a wall.

     • b. Parking spaces shall not be located within required setbacks abutting streets.

     • c. All spaces shall be arranged so cars are not required to back onto a public street.

     • d. Tandem parking shall not be allowed.

  2. All parking for condominiums or other units designed for owner-occupancy shall be provided within garages.

  3. Parking for the assisted rental units may be provided through use of carports; only one-half of the required number of spaces need be covered. The carports must include architectural features approved by the Director and include provision for lockable storage areas.

• G. Street Access. The number of vehicular access points to the specific plan area shall generally be limited to a primary entry along the Pioneer frontage and two secondary entryways as indicated in the illustrative plan.

  1. Access to the development area via Kenny Street or Arlee Avenue shall be prohibited; however,

  2. Provision to allow their use by emergency vehicles only may be authorized in conjunction with precise development plan review.

• H. Entryways. Entrance areas to the development, and in particular the primary entrance along Pioneer, shall be designed to suggest arrival at a special residential location. The primary entrance areas shall include:

  1. Clusters of trees, median strips and planter signs identifying the development;

  2. Entrance identification signs constructed of permanent materials, and designed to reduce the possibility of destruction through vandalism; and

  3. Special decorative surfacing for approximately the first 20 feet of roadway leading into the development area, with decorative surface materials also to be employed at several focal points within the interior roadway system, as determined by the Director.

• I. Signs. The provisions of Chapter 17.03 , Article III shall be applicable for signing within the specific plan development area.

• J. Walls and Fences. Block walls and fences are to be used as unifying elements throughout the development area and shall, therefore, be coordinated to serve a common theme in terms of color, material, dimensions and location. The design and location of all walls and fences shall be

subject to approval of the Director, and the use of decorative materials such as brick pilasters, wrought iron and similar materials is encouraged.

• K. Security. Security shall be provided residents of the development area via electronically controlled gates, visitor call systems and/or similar means, and through creative use of decorative type wall and fencing materials to preclude any adverse impact upon visual qualities of the development area.

• L. Other Standards.

  1. Storage. All storage areas shall be screened and maintained in a manner that prevents the creation of any nuisance or otherwise detracts from the residential character of the development area. Every unit shall be provided convenient access to refuse storage sites; other storage shall be in accordance with provisions of Section 17.04.220(C)(3).

  2. Mechanical Equipment. The provisions of Section 17.04.220(C)(6) shall be applicable within the development area, as well as the following, regarding air conditioning and filtration systems:

     • a. Roof-mounted units shall be prohibited, except that units may be permitted on a roof if the original design of the structure incorporated an area for such unit(s), and they are not visible and/or the equipment audible from an adjacent property, structure and/or street. The application for installation of a roof-mounted unit shall be filed with, reviewed by and approved by the Director.

• b. No noise shall be generated which causes the maximum noise level at any point on the property lines surrounding the premises on which the noise is produced to exceed the ambient noise levels by five dBA measured at the same point, or 55 dBA whichever is greater.

  - c. Units shall be mounted on a concrete slab and/or platform determined to be structurally sound. 
  
  - d. Units may be required to be screened to eliminate noise and/or visibility. 
  
  - e. Units shall be placed in a location on the property where the least amount of noise is heard by occupants of adjacent properties. The ARI sound rating number of any air conditioning unit shall be 19 or less, as identified in the most recent publication of the Air Conditioning and Refrigeration Institute (ARI) Directory of Certified Sound-Rated Outdoor Unitary Equipment. 
  
  - f. Units shall have top mounted fans. 
  
  - g. Portable window and wall units may be permitted, provided they comply with the above standards, except conditions (c) and (f). 
  

  3. Cable Television. The developer shall be required to install and stub a conduit system to each dwelling unit for future installation of a community antenna television system. The City has granted a franchise to a CATV corporation and intends to provide for this system in advance in order to alleviate the burden of installation after construction of the development. The conduit system shall be in accordance with the current development standards for cable television, and specifications for the system shall be subject to review and approval of the Director of Public Services.

• M. Maintenance. Approval of applications authorizing the specific plan area development shall be conditioned to assure that all common areas, including, although not necessarily limited to, landscaped spaces, setbacks, entryways and parking areas, are preserved and maintained in accordance with the purposes and intent underlying creation of the specific plan area No. 2 zone. In conjunction therewith, the following shall be applicable:

1. The developers/owners shall submit evidence, in a form acceptable to the City, of the manner in which compliance with the requirements of this chapter shall be met.

2. Any failure to maintain the open spaces in a safe condition and state of good repair, shall be and the same is hereby declared to be, unlawful and a public nuisance endangering the public health, safety and general welfare of the public and a detriment to the surrounding community.

3. In addition to any other remedy provided for by law for the abatement, removal and enjoinment of such public nuisances, the City, after giving proper notice, may cause the necessary work of repair or maintenance to be done, and the cost thereof shall be assessed against the property owners within specific plan area No. 2, and the City may record a statement of costs incurred for such work, which shall be collected in the same manner as property taxes.

(Prior code § 27-32.11; Ord. 21-1722 § 2)

In order to equitably and effectively protect public health, safety, morals and general welfare of the community in conjunction with development and use of the specific plan area property, compliance with other applicable provisions of the Norwalk Municipal Code shall be required as deemed appropriate.

(Prior code § 27-32.12; Ord. 21-1722 § 2)

If any part or provision of this plan, or any application thereof, is held to be contrary to law by a court of competent jurisdiction, such provision or application will not be deemed valid and subsisting, excepting to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

(Prior code § 27-32.13; Ord. 21-1722 § 2)