Agenda - Planning Commission - 02/02/2017

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Corridor District Maximum % of Open Space Required Rationale for Maximum opportunities for protection exist, and this district could be a "receiving area" for density transferred from other districts (see footnote). Urban Mixed (CA -UM) 10% District is largely developed or already preserved as public parkland; few primary conservation areas exist, but some potential for restoration. Urban Core (CA-UC) 10% District is largely developed or already preserved as public parkland. * Only required if parcel includes native plant communities or provides feasible connections to a regional park or trail system. If the primary conservation areas on any given parcel proposed for development or redevelopment exceed the maximum percentages established for the district, the local government has the flexibility to determine which resources on the parcel shall be protected. The proposed rules allow land used for storm water treatment, green infrastructure, land dedicated to public access, and public facilities to be included in any open space requirements imposed by this rule. Proposed Minn. R. 6106.0170, subp. 4.F. and G. If a primary conservation area where development is proposed lacks natural vegetation, it must be evaluated for potential restoration of natural vegetation. If there are no primary conservation areas on a site proposed for development or redevelopment that meets the minimum size threshold in proposed Minn. R. 6106.0170, subp. 3, the local government must determine whether the site was identified for potential restoration in the local plan and, if so, apply the guidelines for restoration of vegetation set out in proposed Minn. R. 6106.0150, subp. 6. • Protection mechanisms. Primary conservation areas set aside under the proposed rules must be protected using a legal mechanism that assures their long term protection. Those mechanisms are: public acquisition, a conservation easement, a deed restriction, or other arrangements that achieve the same degree of protection as the three legal mechanisms. Proposed Minn. R. 6106.0170, subp. 4 H. This approach is consistent with many local ordinances that already employ conservation design, and gives local governments and developers the flexibility to determine which mechanism will best suit the needs of the local community. This approach was recommended by local governments and other stakeholders who opposed previous draft rule proposals that primary conservation areas be dedicated to the public by a fee simple conveyance or easement. While local governments retain the ability to select the mechanism they will employ to protect primary conservation areas, the rules makes it clear that, regardless of the method selected, a long- term vegetation management must be provided to assure that the set -aside area continues to meet the biological and ecological functions that resulted in its designation as a primary conservation area. Proposed Minn. R. 6106.0170, subp. 4(1). This includes a preference for connecting open 65