Revised Resolutions December 8, 2004 (2)

Proposed Zoning Ordinance Changes to Stearns Ordinance 7.14.8

Open Space Ownership Requirements

 WHEREAS the purpose of the Open Space Ownership Requirements in 7.14.8 is to provide mechanisms to assure that Open Space will meet the design standard of 7.14.10 C (3):

“The required open space shall be undivided and restricted from further development with a permanent conservation easement.” And

WHEREAS the existing language is very restrictive about who can own the Open Space land after the easement is applied; and 

WHEREAS allowing the current landowner to apply the required easement and keep possession and/or transfer title of the Open Space land will allow landowners to keep the majority of their land while earning some income; and

WHEREAS allowing landowners to transfer title of Open Space with the easement will help assure a stable land base available at a reasonable cost to farmers and other land users; therefore

BE IT RESOLVED that the Avon Hills Initiative’s recommend the following concept to Stearns county for adoption as a new provision in the zoning ordinance:

7.14.8 C.  The open space land may be retained by the landowner and/or the developer and may be sold to any subsequent landowner provided:

a) The open space land is surveyed or legally described;

b) The required open space shall be undivided and restricted from further development with a permanent conservation easement;

c) The conservation easement is recorded with the county.