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A. <br />B. <br />Draft Rules <br />Lot area and width standards must comply with part <br />6106.0100, subpart 3, except as provided under item B. <br />Smaller lot area and width is allowed: <br />(1) for conservation subdivisions and planned unit <br />developments that provide greater protection or <br />enhancement of open space, such as: <br />a) increased distance between development and <br />primary conservation areas and other areas <br />identified for open space protection; <br />b) decreased development density close to primary <br />conservation areas and other areas identified for <br />open space protection; <br />c) use of minimum impact design; <br />d) restoration of open space to native plant <br />communities, wetlands, wildlife habitat, and other <br />natural features; <br />e) protection of open space greater than the <br />minimum required bysubpart 3; and <br />f) other means as determined by the local <br />government; and <br />(2) in the CA-5 district, when development density has <br />been transferred from other districts to achieve open <br />space protection as provided by subpart 3, item C. <br />Subp. 3. Open space. Local government ordinances must contain <br />provisions for the protection, administration, and maintenance of open <br />space as provided in items A to D. <br />A. Open space protection is required for all subdivisions creating <br />three or more lots and for all planned unit developments, <br />except for: <br />(1) minor boundary line corrections; <br />(2) resolutions of encroachments; <br />(3) additions to existing lots of record; and <br />(4) placement of essential services <br />B. Open space must be protected through: <br />(1) a perpetual conservation easement, as provided in <br />Minnesota Statutes, chapter 84C, the terms of which <br />must meet the purposes of parts 6106.0010 to <br />6106.0150 and must ensure long-term management of <br />vegetation in a natural state, prohibit structures, and <br />prohibit land alteration, except as needed to provide <br />public recreational facilities and access to the river; or <br />(2) fee title ownership by a government entity for <br />conservation purposes consistent with parts 6106.0150 <br />6106.0010 to 6106.0150. <br />Commentary <br />smaller lots if subdivisions provide additional <br />resource protection. <br />Since these rules only regulate lot area <br />and width in the CA-2 district, <br />(underlying zoning applies to all other <br />districts) subp. 2 could be moved to part <br />6616.0100, subpart 3 (A) (2) — the <br />provision that deals with lot area and <br />width for the CA-2 district. <br />Under (c), "minimum impact design" is a <br />technical error. Intent was to state "low <br />impact development." Low impact <br />development (LID) means an approach <br />to stormwater management that <br />mimic's a site's natural hydrology as the <br />landscape is developed. <br />This subpart describes the requirements for <br />open space in subdivisions. <br />The practicality of open space rules needs <br />further discussion. Is "three or more lots" <br />an appropriate threshold considering the <br />requirement to protect open space <br />through easements?Should open space <br />requirements exist or vary by district and <br />type of land use? <br />40 <br />