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space system(Subd.8 and 9). A C U N I N G H A M question to be discussed: should the G R o u P regulations include any more specific standards for stormwater treatment, or are these adequately addressed in other City ordinances? Potential Positive and Negative Outcomes of the Regulations The proposed TCAAP zoning regulations are intended to establish the parameters within which potential developers of the TCAAP property will develop a Master Plan. This type of regulation is challenging to write: if the parameters appear too restrictive,they can discourage potential developers,but if they are written too loosely,there is a risk that the resulting master plan may fall short of the City's goals or that negotiations may become more difficult. A related issue is the legality of certain aspects of the regulations: for example,should the overall development capacity of the property be made contingent upon the results of the required traffic study? These issues need to be reviewed from a legal perspective. General Comments One area of confusion in the current draft regulations seems to be the overlap, similarities and differences between the"TCAAP PUD Master Plan"and the PUD Overlay District outlined in Section 1320.13 of the zoning ordinance. Section 1320.13 is not referenced in the new draft. It seems as if the TCAAP zoning districts are being created as a new type of PUD,one that is a base or primary district rather than an overlay. If this is the case, should the regulations in Section 1320.13 be updated as well? Or is the TCAAP PUD an overlay as well, on the base "MR"and"MB"districts? It seems that, at a minimum, some clarification of the relationship between the two types of PUDs is needed. Another area of confusion is that the draft ordinance doesn't clearly distinguish between the contents of the Master Plan—that is,what information should be shown on each component of the plan—and the standards and guidelines that will guide the preparation of the master plan. The City already provides checklists of required information for various applications in the Procedural Manual,which is an appendix to the Zoning Ordinance. It would be helpful to add cross-references to the Manual in the ordinance. In addition,the information in the Manual is geared towards the PUD Overlay District,and would need to be updated for the TCAAP- specific PUD(for example,to note that the Concept Plan is required). Other issues to be explored as the draft regulations are finalized include the following: • Should the regulations include incentives or requirements for some amount of affordable and/or senior housing? • Is there a particular mix of uses that might be specified in the MB district? • Should the regulations establish a"lower limit"for number of dwelling units based on the assumption that a traffic study would limit the number of units? • Should additional standards for preservation of sensitive natural resources be included? • Would standards for interconnected streets be warranted? • Would variations from City street standards be warranted in some locations? More detailed questions,comments and suggested edits to the 3/31/10 draft of the regulations are attached in"track changes"format. END OF MEMO \\Ahdocsl\ah\AHdata\Planning\Community Development\TCAAP\Planning-Public Auction\land Use Planning\Cuningham Group\Review_mem020100405(2).docxPage 5 of 5