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Thread: Controlled use overlay district

  1. #1
    Cyburbian Streck's avatar
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    Controlled use overlay district

    Is anyone having success with Controlled Overlay Use Districts?

    The way it is being proposed here is that in Commerical Zoning Districts, an applicant may come in with any Site Plan for Review, and as long as the Mayor agrees and the Applicant accepts the Mayor's requirements, and they are all reduced to writing, then the Site Plan is approvable.

    The Planning Commission would make its recommendations to the Board of Aldermen, who would then approve or disapprove.

    The specific advantage cited is that the developer wants to develop an overall project with some business owners being able to own their own buildings on lots normally too small for the Commercial Zoning Classification in development. He also wants to gang the parking spaces into one common central area, and be able to sell off the business sites without parking spaces encumbering them.

    The concept appears to do away with any zoning setbacks, minimum lot size, parking requirements, etc., and just be whatever the Developer and the Mayor want.

    I see many many problems. Is there another way this should be working?

  2. #2

    Registered
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    Williston, VT
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    you have just discovered why some people use performance zoning

  3. #3
    Cyburbian Streck's avatar
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    Quote Originally posted by Lee Nellis
    you have just discovered why some people use performance zoning
    Thanks, where can I find info on Performance Zoning (as a Planning Commission member, not a Planner)?

  4. #4

    Registered
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    Quote Originally posted by Streck
    Thanks, where can I find info on Performance Zoning (as a Planning Commission member, not a Planner)?
    That is a difficult question. Most of the literature is old. I keep meaning to write something new, but can't find anyone to pay me to do so. I would begin by simply typing performance zoning into Google and seeing what I got. Some communities out there have explanations that are serviceable. There is a lot of experimentation with it in Canada and Australia, as well in the US. Most people who have tackled it, have worked with one of a handful of consultants.

  5. #5
    Cyburbian Streck's avatar
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    I understand now that what we are going to have is a Commercial PUD.

    But this PUD is not limited as to density by the underlaying Commercial District.

    In fact, it is not limited to anything!

    Whatever the Developer wants to propose that is acceptable and approved by the City is ok!

    I think we may have a prescedent and a "fairness" problem here.

    Once we approve the first one, we will be accussed of favoring this one developer (who just happened to be the first to receive all these benefits - increased density, etc.).

    The second one that comes along will say you gave the first developer this and that, but you are not even going to let me do this "small" thing? Again, accusation of favoritism raises its ugly head.

    Our attorney thinks he can defend us successfully.

    Are we headed for more problems than it is worth?

  6. #6

    Registered
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    a) You need a different attorney.

    b) Your perception of the potential problems is, in my experience, accurate. If there are no concrete standards for a commercial PUD, there will be no way to persuade the public that developers are not getting special deals.

    The issues can be dealt using a commercial PUD is that is what the community wants to do, but it there must be specific standards for how it can be put into place.

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