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Floating Zone draft approved

(8/24) At the July 31st Planning Commission meeting, members continued their discussion on ‘Economic Development Flex Districts,’ a.k.a. ‘floating zones’.

Floating zones don’t have a zoning definition on a map, thus they differ from traditional zoning. Floating zones can be used to plan for future land uses that are anticipated or desired in the community, but not confirmed, such as affordable housing, shopping centers, and urban development projects. They can also be used for cluster zoning, planned-unit developments, and urban development projects.

The Commission members discussed changes they wanted to see in proposed ‘Flex Zoning’ text which centered on preserving Emmitsburg’s ‘scenic gateway’ along Route 15. They want to see landscaping that saves the natural beauty and open nature of the current vista. Appropriate gateway signage must also be obtained and approved by the US State Highway Administration.

Previously, the Commission required 20 percent of open space in the floating zone, which does include forest conservation. This number is fairly standard for open space minimums in zoning.

Planner Chris Jakubiak felt that it was too low of a number, as there would be too little ‘open space’ since most of area involved would be along Route 15. He recommended the 20 percent exclude forest and stormwater management areas, making the open space requirement be 35 to 40 percent when applied to the entire zone.

"If you put 15 percent of the land into required forest conservation, you can get to the minimum 20 percent really quickly without any quality open space at all," he said. Commission members agreed that 20 percent be the minimum, and although they can raise that number, they might expect a fight from developers when the time comes.

Cluster development, which groups buildings together allowing more open space in a developed area, was recommended for the floating zone. This allows environmentally sensitive areas to be preserved under the ‘open space’ title while utilizing non-sensitive areas for the buildings.

All members of the Commission agreed that applicants and owners must comply with the requirements of a floating zone if they apply for the development of their land under it; the Commission has the discretion to remove the entire ‘floating zone’ chapter in the Town’s Comprehensive Plan if it is no longer needed.

The draft language for "floating zones" was approved by a unanimous vote and will now be sent to the Town Council for their review and approval.

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