Alongside technical aspects, preparatory studies must determine whether the legal conditions for conducting a development measure in accordance with section 165 paragraph 3 of the German Building Code (BauGB) are in place.
In this context the City assesses whether the measure does indeed need to be conducted in order to ensure the community’s well-being as regards the provision of housing and work, along with the subsequent need for basic public amenities. Here, the willingness of those affected by the measure to play an active role in the process is important role. It must also be verified whether, provided the measure is conducted swiftly, development of an area is in fact possible and the financing of the measure is secured. Depending on the outcome, other planning tools must also be used.
With regard to the zones:
- Housing to the north of Günthersburgpark – (“Friedrich garden center”)
- Friedberger Landstrasse/South of Wasserpark – (“Innovation quarter”)
- Friedberger Landstrasse/East of Bodenweg – (“East Atterberry”)
the above-mentioned criteria for applying a development measure are not met. For these areas development can therefore be conducted on the basis of contractual agreements with the real-estate owners or their authorized representatives. Where necessary, the approach must also involve setting up a corresponding project company in line with the objectives of the urban development and landscaping master planning.
The legal basis for building permission as needed for the above-mentioned zones will be established through legal zoning planning and sectoral legislative procedures:
Legal zoning plan draft no. 858 – Housing to the north of Günthersburgpark
The legal zoning plan procedure no. 858 – Housing to the north of Günthersburgpark – which was begun in 2008, will be continued. The legal zoning plan is intended to create the conditions necessary for developing an attractive residential location here once the land is no longer used as a garden center. Along Dortelweiler Strasse the development will take its lead from the existing buildings and there will be public access to Günthersburgpark from the site.
Legal zoning plan draft no. 880 – Friedberger Landstrasse/South of Wasserpark
The legal zoning plan has been drawn up with a view to laying the legal basis for planning permission for a new residential quarter on the site south of Wasserpark on Friedberger Landstrasse. In this context, land will be secured for another school in the Nordend district on Friedberger Landstrasse. Furthermore, so as to guarantee that the commercial zone is fully integrated in the zone as a whole and to enable a limited amount of housing, the planning law relating to the area north and south of Hungener Strasse will be amended accordingly.
Legal zoning plan draft no. 914 – Friedberger Landstrasse/East of Bodenweg
The legal zoning plan has been drawn up with a view to laying the legal basis for planning permission for housing on the site east of Bodenweg on Friedberger Landstrasse which will serve to buffer the “New Atterberry” residential quarter to the west against noise pollution. In this context and in line with Federal government’s updated plans for widening the A 661 interstate, the currently valid boundaries between areas of greenery and traffic zones will be adapted in accordance with planning law.