The
term "Conservation Development" isn't an oxymoron,
but rather a process Arendt has designed whereby a community
preserves 50% of its land on a project-by-project basis. This
requires each development to place approximately 50% of its land
in permanent and irreversible open space, concentrating all of
the allowable project density in less sensitive areas of the
property. If you think that this is a simple thing to do in most
jurisdictions, you'd be dead wrong.
For example,
assume that your inherited 50 acres of land on the outskirts
of Fallbrook that has zoning allowing for 50 lots. You could
sell the property outright to a builder who would develop the
property into a grid of 50 lots with wide streets and cul-de-sacs.
Instead, however, you decide to preserve your family heritage
and do some good with the property. So you decide to hire a consultant
to help you process a development application that will better
preserve the character of the site.
Your wish
is that the 10 acre avocado grove on the property will go into
an "agricultural conservation easement" to be farmed
in perpetuity. The 15-acre riparian oak woodland and creek in
the back of the property will be put into a "biological
conservation easement" and gifted to the Fallbrook Land
Conservancy. On the remaining 25 acres, which is less sensitive
and closer to the nearest public facilities, you concentrate
all of your density, creating 50 half-acre lots. You would think
that this would be easy to do. However, you would be frustrated
at the difficulty of processing any innovative design.
First, you
find that in addition to your standard subdivision map, you will
need to file an expensive and time consuming "special use
permit" to cluster your lots. Additionally, you will need
to request a series of "waivers" on the standard clustering
application, since the laws require that 50% of your proposed
open space be flat (clearly not necessary for the avocado grove)
and landscaped (clearly not recommended in an oak woodland).
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