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Appendix_B-1 April 1, 2005 Appendix B-1 Rural Conservation Subdivision An Introduction B-1-1 Appendix B-1 Rural Conservation Subdivision - An Introduction Conventional zoning does little to protect open space or to conserve rural character. The reason many subdivisions consist of nothing more than houselots and streets is because zoning and subdivision design standards usually require developers to provide nothing more. While the zoning ordinance provides detailed standards for lot area, setbacks, density and floor area, the ordinance does not set any noteworthy standards for the quantity (except for the PUD district), quality and configuration of open space to be preserved. Conventional zoning assigns a development designation to every acre of land. The only lands which are normally not designated for development are wetlands and floodplains. Conventional zoning has been accurately described as "planned sprawl," because every square foot of each development parcel is converted to front yards, back yards, streets, sidewalks, or driveways. Nothing is left over to become open space, in this land-consumptive process. A local governments interested in limiting the development of all the land area within a city, now have a practical and effective alternative: conservation subdivision design. This technique has been successfully implemented by a number of municipalities in New England and the Mid- Atlantic states, and by several counties in Virginia, Colorado, Washington, and California and is gaining popularity in the Midwest. In order to avoid disturbing the equity held by existing landowners of large tracts, conservation subdivision design allows the same overall amount of development that is already permitted. The key difference is that this technique requires new construction to be located on only a portion -- typically half -- of the parcel. The remaining open space is permanently protected under a conservation easement co-signed by a local conservation commission or land trust, and recorded in the registry of deeds. Conventional Subdivision Design Conservation Subdivision Design April 1, 2005 Appendix B-1 Rural Conservation Subdivision An Introduction B-1-2 Rural Conservation Subdivision Design The basic principle of cluster development is to group new homes onto part of the development parcel, so that the remainder can be preserved as unbuilt open space. The degree to which this accomplishes a significant saving of land while providing an attractive and comfortable living environment depends largely on the quality of the zoning regulations and the expertise of the development designer. Although the concept of clustering is fairly simple, this "new" form of development has raised concerns among some residents of rural or suburbanizing areas because it is quite different from the conventional, standardized subdivision pattern with which most of us are very familiar. Interestingly, the conventional suburban model, commonplace in many growing communities, is actually a pattern that is at odds with the otherwise traditional rural landscape. It looks "at home" only in our sprawling metropolitan post-war suburbs, where it has become the predominant building pattern. The Advantages of Rural Conservation Subdivision Design The conventional approach to development results in the entire parcel being covered with house-lots and subdivision streets. Communities which have had a lot of experience with this type of development ultimately realize that, as one parcel after another is eventually developed, their formerly open landscape evolves into a network of "wall-to-wall" subdivisions. The beauty of open space zoning is that it is easy to administer, does not penalize the rural landowner of large tracts, does not take development potential away from the developer, and is extremely effective in permanently protecting a substantial proportion of the development tract. It does not require large public expenditures, and allows land owners and others to extract their rightful equity without seeing their entire land holding bulldozed for complete coverage by house-lots. This pattern of down-sized house-lots and preserved open space offers distinct economic advantages to all parties. Developers can reduce the costs of building roads and water and sewer lines. Local governments save on periodic road re-surfacing. And home buyers often pay less because of these cost savings. Landowners who view their property as their "pension" no longer have to destroy their woods and fields in order to retire with a guaranteed income, as their equity is not diminished. Local governments do not have to raise property taxes to finance expensive open space acquisitions. Developers are not placed under unreasonable constraints, and realtors gain a special marketing tool, in that views from the new houses will be guaranteed by conservation easements protecting the open space from future development. April 1, 2005 Appendix B-1 Rural Conservation Subdivision An Introduction B-1-3 Questions About Rural Conservation Subdivision Development: Will It Harmonize With Its Surroundings? A concern that is often heard is that cluster housing will not blend in with an areas rural character or established neighborhoods because the lots will be less than an acre in size. However, it is contended that a well designed cluster development that is well integrated with its surrounding does more to enhance the rural environment than a standard 1 acre subdivision. Also, the open space can be designed in a manner that it abuts existing established residential neighborhoods or lots. Property Values? The related issue of "impact upon surrounding property values" is also often raised. As mentioned above, along any part of the parcel perimeter where cluster lots would adjoin standard-sized lots or existing neighborhoods, permanently protected open space would be required. Lots abutting permanent open space almost always enjoy higher property values. Also, most realtors would attest to the fact that all lots within a well- designed cluster development usually gain enhanced value as a result of the protected open space. How will it work? Create a Purchase Development Rights (PDR) program as a voluntary open-space protection technique that compensates a landowner from limiting future development on the land. Consider allowing developers developing under the EC district to use purchase development rights from areas designated Rural Conservation Subdivision and apply the rights to the EC-1 district (in the S.H. 114 Corridor). Southlake is one of the fasting growing cities in the Metroplex and as a result much of its rural character is disappearing rapidly. Many rapidly growing cities throughout the United States utilize a PDR program to allow property owners to protect in perpetuity, critical natural and environmental resources. A landowner’s development rights include the right to subdivide and develop the property. Often compared to mineral rights, development rights can be separated from a land owner’s property. Under a PDR program, a land owner voluntarily sells the right to develop a parcel of land to a public agency interested in natural resource conservation. The development value is determined by subtracting the value of the land as restricted from its value on the open market. While a conservation easement is placed on the land and recorded in title, the land remains in private ownership, and the land owner still retains all other rights and responsibilities associated with being a property owner, including the right to prevent trespass and the right to sell the property. PDR programs have been used by local and state governments since the mid 1970’s, and at least twenty states have implemented the program. The Texas Parks and Wildlife Department is promoting PDR, and the largest private conservation organization in the United States, the American Farmland Trust (AFT), opened a Texas field office in Texas in 1999. Private conservation organizations like AFT have already begun purchasing development rights in Texas using private funding.