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8. FBCs may prove to be more enforceable than design guidelines. The stated purpose of FBCs is the shaping of a high quality public realm, a presumed public good that promotes healthy civic interaction. For that reason compliance with the codes can be enforced, not on the basis of aesthetics but because a failure to comply would diminish the good that is sought. While enforceability of development regulations has not been a problem in new growth areas controlled by private covenants, such matters can be problematic in already-urbanized areas due to legal conflicts with first amendment rights. Form based coding is not common in the United States, although there are organizations working to make it so. Unfortunately, those organizations, and the places where form- based codes have been applied, have an urban focus. We have not located a truly small- town example and so are essentially creating something new. Our recommended approach would be to build off of what has been done with the DMU zone and transform it into a"Grow Zone"governed by a form-based code. To do this,we not only need to develop the code,we need to hold a series of design workshops, create a community regulatory plan and code a pattern book. This is all very exciting, but not something that is going to happen in the near term. It is something that is very important, however. We are convinced that, in Pequot Lakes and in other small towns,the current approach to zoning within the historic"urban"area is an impediment to prosperity. It encourages greenfield development over increased utilization of existing infrastructure investments,induces sprawl and stifles investment. We are also convinced that,in Pequot Lakes in particular,we are not going to be given an abundance of opportunities to get the downtown "right". If we fail to position ourselves to capture investment and mess up the transition between highway alignments,it will be very expensive to later spur development beyond Government Drive, Main Street and CSAH ii. This is all becoming more acute with the Federal Government's recent request for a list of regional projects that can be "ready for shovels" by June Of 2009. Our Downtown Master Plan is on that list, as surely the TH 371 expansion project will be. If these are funded immediately, we will need to be proactive and make some bold land use decisions. That is why we would like to have a deeper discussion on this approach now. We can make the minor modifications to the Ordinance that would allow businesses to move around town without need for a Conditional Use Permit at an upcoming meeting,if the Planning Commission desires. More significantly, we'd like to continue the discussion on form-based codes. If the Planning Commission does not mind some of the "making sausage" aspects of breaking new ground in this area, we'd like to bring our thoughts to you for review and feedback, with a goal towards adopting a small-town version of a form-based code at some point in the near future. If the Commission would like to deal with a more finished product, then perhaps a committee can be assembled that could work on this matter. Pequot Lakes Staff Report 6(a)-3 December 11,2oo8