3D - Conservation Subdivision Design Ordinance

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— CommuNrrYGROWTH c y of I N S T I T U T E PeQuot t � STAFF REPORT Lakes--- Application: Conservation Subdivision Design Ordinance Applicant: City of Pequot Lakes Agenda Item:3(d) Background Information: Over the past year, the City of Pequot Lakes has considered a number of subdivisions which utilized some form of open space or conservation design. Through those experiences, much has been learned about what worked well with our current ordinance and what some of the shortcomings of that approach was. The Planning Commission directed Staff to prepare amendments to the Ordinance that would strengthen the conservation design requirements and make those requirements the preferred method of land subdivision within most of the City. The Planning Commission has looked at this language over the past two months and is now prepared to hold a public hearing and consider a recommendation to the City Council. Proposed Amendments: The following amendments to the land use and subdivision regulations are being proposed: The following definitions would be added to Section 3.2: 1. Common Open Space. Undeveloped land within a conservation subdivision that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by the residents of the development. Common Open Space shall not be included as parts of individual residential lots. The Common Open Space shall be substantially free of structures, but may contain historic structures and archaeological sites including Native American mounds and/or such recreational facilities for residents as indicated on the approved development plan. 2. Conservation Easement.A Conservation Easement is a legally binding agreement that imposes any limitation or affirmative obligation on any holder's interest in real property. The easement is typically held by a party other than the property owner. The purpose of such an easement can include retaining or protecting natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, or preserving the historical, architectural, archaeological, or cultural aspects of real property. 3. Conservation Subdivision. A residential development that is characterized by compact lots and the retention of common open space, where the natural features of the land are maintained to the greatest extent possible. 4. Conventional Subdivision. A residential development that contains more than two lots not done by Conservation Design. 5. Development Envelope. Designated area in which grading, lawns, pavement, and buildings are planned to be located. 6. Drainageway_A watercourse, gully, dry stream, creek or ditch which concentrates Pequot Lakes Staff Report 3(d)-i April 17,2oo8