Ord 1985-080 - Laserfiche WebLink

Home Browse Search

-4- interests often conflict or compete. In light of this situation, the first consideration has been to devise technical solutions which minimize or eliminate conflicts. This article attempts to avoid a "winner-take-all" solution to the resolution of conflicts between neighbors or adjoining property owners. Whenever a proposed use encounters objections, the Planning and zoning commission and City Council must reach an equitable solution between two extremes: either permit the use, to the detriment of the objectors, or entirely prohibit it, to the detriment of the landowner/developer who proposed it. This ordinance has been designed to protect and accomodate both competing interests. It is the goal of this ordinance that both the burdens and the benefits which it implies be rationally and fairly distributed among the citizens and property owners of San Marcos. COMMENTARY: Frequently development cases pit either a landowner/developer and the public interest or two landowners/developers against each other. There is substantial judicial precedent for the proposition that it is the local government's role to determine the best path for land use to follow~ in this instance, San Marcos has devoted a substantial effort to finding equitable solutions to conflicts. Every effort should be made to make land uses a matter of right subject to performance criteria capable of nondiscretionary, objective administrative evaluation, thus reducing the number of times that ad hoc decisions need be made. This greatly increases the potential choices available to individual property owners. Ad hoc decisions appear to reduce the certainty of protection to neighbors and to increase the potential for adverse impacts. This ordinance contains performance criteria intended to insure that neighbors are protected from adverse impacts. It also contains performance criteria to protect the community's general welfare, safety and health. Sec. 200. Standards and criteria. 201. Size A Planned Development District may be of any size provided the land to be included in the District is contiguous and all other requirements of this article are met. Parcels which are traversed by a thoroughfare or any other roadway are considered to be contiguous. A PDD must have access to at least one public street. Exception: Non-contiguous PDD's may be approved in accordance with the San Marcos River Corridor (SMRC) ordinance when PDD uses and densities may be transferred from the SMRC. 202. Permitted Uses 1. Residential. Any combination of residential uses is permitted including attached, detached and manufactured dwelling units.