I have a proposal on my plate...
The developer owns a parcel of land...it has two zoning districts on it. One is Agriculture and the other is conservation.
On the Ag lands the developer has constructed a series of bulidings for storage. THis was approved by conditional use. A condition of approval was that the development must maintain a minimum of 50-percent greenspace. The developer also owns the adjacent lands...some 40 acres. He is looking to utilize the conservation lands to provide for his permeable surface requirement.
I have no problem with this. The Village, however, is not in favor of the situation. I need to provide a report on the legality of such practice. So, I am enlisting the Cyburbia Throbbing Brain to help me find examples of situations where properties have employed this practice, or where the attempt was made and was legally denied.
NOTE: This must be legally definsible, one way or the other. Please do not respond with "Professional Planner Opinion." I am not concerned with what is good planning sense, rather what the laws will allow.
THanks for your help.