Agenda - Council Work Session - 10/29/2013

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Draft Rules Commentary C. Areas to be protected as open space shall be determined as follows: (1) in the CA-1 and CA-2 districts, a minimum of 50 percent of the total project area of the proposed subdivision or planned unit development must be protected as open space, subject to the following provisions: a) primary conservation areas must be the highest priority for protection; b) if the primary conservation areas exceed 50 percent of the total project area, then the local government must determine which primary conservation areas are to be protected as open space; and c) if the primary conservation areas constitute less than 50 percent of the total project area, then the local government must: i. determine the location of the remaining balance of open space to be protected on the site; or ii. accept cash in lieu of open space protection for the balance to be used only for purchasing land or conservation easements for open space, natural areas, and recreational areas within the Mississippi River Corridor Critical Area; (2) in the CA-3, CA-4, CA-6, and CA-7 districts, only primary conservation areas, if they exist, must be protected as open space up to a maximum percentage of the total project area as provided in units (a) to (d): a) CA-3: 25 percent of the total project area; b) CA-4, CA-6, and CA-7: 15 percent of the total project area; c) if the primary conservation areas exceed the percentages provided by units (a) and (b), then the local government shall determine which primary conservation areas are to be protected as open space; and d) if the primary conservation areas do not meet the percentages provided by units (a) and (b), then only the existing primary conservation areas must be protected as open space. If no primary conservation areas exist, then no open space protection is required; and (3) in the CA-5 district, underlying open space requirements apply, except that no open space is I 6106.0150 41