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<br />1 <br />- <br /> <br /> <br /> <br />f. Requiring rezoning to PDD or PUD based on the size <br />of a development may be illegal. <br /> <br />COHMENT: Regulating development based on its size, <br />location, and intensity is the fundamental basis <br />for the establishment of zoning districts. The <br />requirement to rezone from an existing district has <br />precedent in our existing zoning ordinance. Now, <br />all development in the M district must rezone <br />before a building permit can be issued. <br /> <br />g. Use of laydown curb is an acceptable and desirable <br />way to treat stormwater runoff. <br />Correct. <br /> <br />h, Section 14 Variances. Pecuniary means monitary. <br /> <br />3. Eliminate minimum size requirement for PUDs in the SMRC. <br /> <br />Add to Section 2AC1. There shall be no minimum size for a <br />Planned Unit Development (PUD) zoning district in the SMRC. <br /> <br />4. Prohibiting all but single family homes on a minimum of one <br />acre lots in the floodway. <br />COHMENT: <br /> <br />The staff had recommended that no building should be allowed <br />in the floodway. This is a legal concept and is employed in many <br />jurisdictions. The Citizens Advisory Committe rejected this <br />concept as too stringent even with transfer of development rights <br />alternatives. <br />The proposed restriction speaks more directly and <br />significantly to character of development than it does to <br />envirorunental protection. The proposed restriction would prohibit <br />commercialization along the River bank even if an engineering <br />udy proved no flood hazard problem for a commercial structure. <br />Some jurisdictions specifically prohibit all residential uses <br />the floodway, but may allow non-residnetial uses in certain <br />circumstances if the building is safe and does not further expand <br />the flood problem. <br />Since non-residential development can be designed to be as <br />environmentally sensitive as residential development, and if <br />maintenance of existing natural character and open space is <br />desirable, the Council may consider other control strategies than <br />limiting use in the floodway to large lot residences. <br />One of the most widely used techniques to achieve the <br />objective of maintaining the critical environmental mechanisms <br />associated with open space is the impervious cover ratio, <br />essentially the amount of cover on a lot. Rough equivalence to a <br />large single family house on a one acre lot would be an impervious <br />cover ratio of 10%. <br />Limiting use to single family on acre lots is a very direct <br />way of insuring a pleasing character near the River. Another way <br />is to establish a design or architectural review process which <br />could include standards regulating height, bulk, color, shape, and <br />compatibility with the natural vegetation and topography. Staff <br />proposed the design review technique to the Citizens Advisory <br />Committee, but they rejected this technique as being unnecessary <br />and beyond the scope of the community fundamental concern- <br />environmental protection. <br />