Agenda - Planning Commission - 02/02/2012

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fa p oo A da 00 1=Z:1 0E3 r� o walk q I r MEI EMI • 9cJIo D 1 D fl 0 uN 00 11 1 A....4 G EWOrm fa p oo A da 00 1=Z:1 0E3 r� o walk q I r MEI EMI • 9cJIo D 1 D fl fa p i '0 re .: -� Raw r� o walk C D r MEI EMI 0 uN 00 11 1 A....4 G tO I o d i l J p reer.ir � Erar 0 On the other hand, a true overlay dis- trict is one that regulates certain specific elements common to a geographic area and responds to the uniqueness of that area, which is appropriately zoned with a number of different districts. Environmental issues are one type of condition that are often best addressed through an overlay district, as the overlay districts impose restrictions that pro- mote environmental sensitivity but allow the area to develop as the appropriate mix of dis- tricts and intensities. while overlay districts are a useful zoning tool, their application should be limited so that they specifically address a particular issue that applies over a larger geography. From a mapping perspec- tive, the specific elements that the overlay district is trying to regulate should guide the location of the district's boundaries. Remap existing planned unit developments and other large -scale developments. Many municipalities have used planned unit developments as a way to accommodate new development within the framework LEGEND Q Single Family Dwellings 2 -3 Unit Dwellings Multifamily Dwellings Q Mapping new district boundaries can be especially challenging in areas with existing development of different use types or densities. Charles Lerable of an outdated ordinance. The goal of a comprehensive zoning update is to create a development environment where modern development types can take place by- right, without having to go through a series of ap- provals. Once a new ordinance is adopted, older adopted planned unit developments will remain in place, so it is good policy to try to integrate the requirements of planned unit developments into the zoning ordi- nance. This will allow each PUD to be evalu- ated against the underlying zoning, and remapping can occur where new districts better align with the intent of the land -use and design requirements contained within the planned unit development ordinance. This can encourage the repeal of PUDs, where appropriate, as the approved condi- tions contained within these regulations can be continued under zoning. As a general rule, if the owner of a planned unit development is in compliance with all requirements and conditions, the PUD cannot be repealed by the municipality because it is a special approval granted to the property owner. Therefore, these approv- als will remain in place unless a change is requested by the owner. For planned unit developments, typically three options are available to the owner: 1. If the new districts and regulations match the PUD regulations, making the PUD un- necessary, that planned unit development can be repealed at the owner's request. This offers a benefit to the property owner, be- cause any changes to the development that comply with the zoning ordinance can occur without special approvals. z. if the owner would like to retain the PUD but link to the new zoning ordinance, the planned unit development can be repeated and replaced with a new PUD that links to the new zoning ordinance. 3. Finally, the PUD can be maintained as is, in which case the municipality must keep the original zoning ordinance on file as a reference point for the planned unit devel- opment regulations, since it is tied to zoning regulations in place at the time of approval. Ensure consistency with the future land -use plan. Some municipalities are required to main- tain consistency with an future adopted land -use plan. Even when consistency is not required, general alignment with the future land -use plan is recommended so that land - use policies reinforce zoning regulations. The following principles are useful for ensur- ing consistency: 1. Consistency requires synchronization between land -use categories and zoning districts. It is important to understand that Land-use categories are, by nature, more general than zoning districts. An apt analogy is that any land -use category is generally a basket that holds a variety of zoning districts. For example, a future land -use map will identify areas as single - family residential; however, those areas may contain a number of single- family districts of different densities. It will be important, once an area is identified as single- family, to determine exactly which single - family district is appropriate. 2. Properties should be assigned a zoning district that best fits the current use of the property unless the future land -use plan indicates an alternative land use. In this case, the municipality may choose to either rezone the lot now or wait until a rezoning is more appropriate. In some cases, because a comprehensive rezoning looks at a munici- pality on a parcel level, this more specific ZONINGPRACTICE 12.11 AMERICAN PLANNING ASS©CLATIDN 1 page 6