As dedication of steep slopes, drainageways, and wetlands may substantially reduce the total number of lots platted within a development, the city council may consider the transfer of development rights from that area which is to be dedicated, to an abutting developable area within the same plat. The city council may consider the transfer of development rights when the following conditions exist:
A. The need for dedication of said environmentally significant physical features is greater than can be accommodated through the public (park and open space) dedication requirements of this title.
B. The area from which the development rights have been transferred is permanently deed restricted to allow no development of commercial, industrial or residential structures, where the deed is held by an officially recognized homeowners' association.
C. The proposed development must conform to the appropriate parking restrictions as outlined in the Mendota Heights zoning ordinance 1 .
D. The proposed development must conform to the established permitted or conditional uses of the appropriate zoning district for which the property is so designated. (1981 Code 301 § 7)
Notes
| 1 | 1. See title 12, chapter 1 of this code. |