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<br />same principle in graduating a(lowable height and bullc from
<br />one disrricc to another by graduatzng tkxe FAR between
<br />neighboring districts in che same way, with znuch the sazne
<br />impact.
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<br />Modeling a building's impact on wind and sunlight in the
<br />surrouading area is a more discrete, sire-specific way of handling
<br />potential problems with major proposed developcnents before they
<br />are permitted. Taking advantage of mode[ing roo[s generally
<br />involves requiring some sort oFspecial review for certain categories
<br />of developmenc proposals. For instance, Fort Collins, Colorado,
<br />requires specific information in a preliminary plan for planned unit
<br />developments with buiidings higher than 40 �eet. This infortnation
<br />inc(udes not only the building's impact on certain desirable views,
<br />but an, assessment of its "negative impact on the distribution of
<br />natvral and artiftcial light on adjacenc public and private pxoperty."
<br />One reason involves basic public safety consideraaons; "Cast
<br />Maximum Bui�ding Envelope for Towers
<br />Source: Parunrd, ivlaine, Uorvnm�va Hcighc Smdy, Pebru�ry 1989.
<br />shadows also contribute.to rhe accumufation o£snow and ice
<br />during the winter orz adjacent property, partiadarly on public
<br />tights=of-ways." Repositioning the building is the usual remedy.
<br />Denver tackled problems of sunlight preservation along its
<br />famous 16`�' Street Mall by creating an overlay district for the
<br />purpbse. The district defines a"zone of influence" for buildings
<br />as Y�at
<br />portion of the public right-of-way oF the 16'h Street pedestrian
<br />and transit mall lying between two lines eactended due north
<br />from the easternmost and westernmost poincs of a zone lot
<br />located between 15`�' and 16'" Streets, regardless of whether or
<br />not such zone Iot exrends across a Qublic alley. IF a zone lot
<br />extends across a public street right-of-way, then a separate zone
<br />of influence shali be esrablished for each part of the property
<br />separated by a public street righ€-of-way.
<br />The mall is 80 feet wide.
<br />The regulations require rhe ma[ntenance of a minimum amount
<br />of sunlighc within the zone of influence for any new project: three-
<br />tenths of the zone for projects exceeding 15,000 square feet oizone
<br />lot, and two-tenths for projecrs on zone lors of 15,000 sguaze feet
<br />or less. The test time fot measuring this impact is I:00 p.m.,
<br />Mountain Daylight Time, on September 21–in other words, the
<br />autumnal equinox. The provisions also desccibe an overlapping
<br />zone of influence, which is basically one related to an existing
<br />; project aiready casting a shadow that overlaps thar of the proposed
<br />-.... roject. In that case, a second test applies in which projects "shall
<br />�e designed so that at least the m'snimum required amount of each
<br />overlapping zone oF influence that extends fierther west arid/or
<br />further east than the project zone o£i�fluence shall remain in
<br />sunlight at the tes[ time."
<br />Denver's overlay district–although intended to protect
<br />sunlight in a popular downtown shopping area, an objective
<br />with obvious economic development objectives–is a
<br />technique tlxat also can be used to protec[ sunlight in public
<br />�arks and open spaces. In fact, The Parks Council, a
<br />nonproitt advocacy group in New York, raised similar issues
<br />in a 1992 proposal aimed at preserving rhe comfort level of
<br />rhe city's parks during the fall and winter. UnsurprisingSy,
<br />Central Parlc has been a pers�stent focus of concerns about
<br />high-rise shadow impacrs. But many other cities have their
<br />own open space shrines worthy of protection from
<br />surrounding development, and many have taken steps to
<br />accomplish precisely that objective.
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<br />Ftederick Counry, Maryland, now has what many
<br />environmentalists and agricultural experts consider one of the
<br />toughest zoning ordinances in tlae nation regardiz�g the
<br />regulation of concenrrated swine feeding operations. Pollowing
<br />an 1$-month inaratorium on permitting for new and expanded
<br />operations, and a one-year study by an Intensive Swine Advisory
<br />Committee appointed by the county commission, the �ve-
<br />member boatd passed 'the measure with one disser�ting vote, It
<br />took effect an September 25.
<br />Two existing operations provided the impet�s for the
<br />ordinance, wirh ane operation toraiing 4,000 hags provolcing a
<br />neighborhood movemenc to push hard For the ne�v regulacions.
<br />The David Harbaugh farm near Rocicy Ridge, formerly a smal(-
<br />scale dairy operation, was tu�•ned into a hog finishing operation
<br />for che Purina Corporatiott in t6e sumtzxer o� J 998. Complain ts
<br />frotza neighbors soon followecE, mostly centering on odors from
<br />the facility's two 500,000-gallon manure p1ts. Harbaugh now
<br />has only 2,000 pigs afcer being oxdered by ehe Maryland
<br />Depaxtznent of the Environment to scale back his operation to
<br />comply with clean-water standards. Mike Thompson, chief of
<br />developitnent review fot the Fcedetick Counry plann[ng
<br />department, said that even some other fartners suggested that
<br />rhe 57-acre Harbaugh farm was in a parricularly bad locarion
<br />for the purpose, as it was situated near a stream and close to
<br />residentia[ neighbors.
<br />The ordinance contains some noteworthy provisions:
<br />� A"swine feeding operatian" is defined as one with at Ieast �
<br />1,000 hogs "stabled, confined, fed, ot maintained" for 90 �
<br />days or more in any 12-month period. ?
<br />� To deter petsistent polluters from locating in the county,
<br />appIicants must provide a three-year environmental history from
<br />any previous operations they have esta6lished elsewhere.
<br />� Applicants must submit a nutrient management pfan, a soil
<br />and water conservat'son plan, a waste management plan, and
<br />an odor abatement ar control pian.
<br />� Operators must provide quarterly reports to the zoning
<br />administrator on the condition of ti�eir waste storage and
<br />disposa€.
<br />� Operators tnust maintain 50-foot-wide woody vegetated buffer
<br />strips along streams and may not apply swine waste to iand
<br />within 3{i0 feet of e�sting pubiic or private drinking wells.
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