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Planner outlines requirement to record conservation easements when 80% of a phase is complete
Summary
Planning staff proposed amending the Unified Development Code so open-space conservation easements are recorded concurrent with 80% of unit completion per phase; councilmembers pressed for more upfront preservation (15–30%) and clarity on triggers such as certificate of occupancy.
Planning staff presented a draft amendment that would require conservation easements for preserved open space to be recorded during the development process rather than after buildout. Staff said the code would tie easement recording to phase completion: "It requires the timing of preserved open space concurrent with 80% of the units completed per phase," a staff member said.
Councilmembers pressed for additional upfront preservation. One councilmember argued developers should show early commitment: "I would like to see a developer comes in, put some land in preservation upfront," the councilmember said, asking for 15–30% preserved in the first phase. Staff replied the draft already provides enforcement: failure to meet standards could lead the city to withhold further development permits.
The mayor and staff discussed administrative and technical challenges: surveying costs and the timeline for recording easements. Staff recommended explicit code language tying the timing measurement to issuance of a certificate of occupancy to avoid ambiguity. The group agreed to examine options for requiring a modest percentage of preservation up front and to return with redlined language for the next session.
Next steps: staff will provide a version of the wording that clarifies whether CO issuance or another milestone triggers the 80% test and show examples of how an upfront 10–25% requirement would work in multi‑phase projects.
