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Memo to the Mayor and City Council]P 99-12 <br />December 20, 1999 <br />Page 3 <br /> <br />Conservation Easement <br /> <br />Outlots A, B and C, 32.46 acres, are proposed to be permanently protected by <br />conservation easements. The holders of the conservation easement have not yet <br />been determined. The developer has applied to the MN Land Trust to have them <br />hold the conservation easement. The MN Land Trust would provide a third party <br />protector of the conservation easement, however, the MN Land Trust is interested <br />in the easement only if it includes Outlot A, the City Park. The conservation <br />easement can be written to accommodate pubhc park facilities, but would likely <br />include some set aside area, an impervious surface limitation or similar restrictions. <br /> <br />If the City is not interested in having the MN Land Trust hold the conservation <br />easement over the City Park, then the City would be the holder of a conservation <br />easement over the park, and the homeowners association would be the holder of a <br />conservation easement over Outlots B and C. <br /> <br />If the MN Land Trust is the holder of the conservation easement, the developer <br />must provide an endowment of $5,000.00 to cover the holder's yearly costs to enforce <br />the conditions of the easement. In order to take advantage of a density bonus, the <br />Cluster Ordinance also requires that the endowment be provided to the <br />conservation easement holder. Staff recommends that a $5,000.00 endowment be <br />provide to the conservation easement holder, the MN Land Trust or the <br />homeowners association to enforce the conditions of the easement. <br /> <br />Homeowners Association <br /> <br />A homeowners association shall be created with mandatory membership for <br />homeowners in the plat. The homeowners association may hold and protect the <br />conservation easement over the common open space and be responsible for <br />maintenance of all commonly held land and for contracting with a maintenance <br />company to provide monitoring and maintenance of the wastewater system. The <br />homeowner's association documents shall require City Attorney review and <br />approval prior to releasing the plat for recording. <br /> <br />Engineering Issues <br /> <br />Terry Maurer, the City Engineer, has reviewed the Grading/Drainage and Erosion <br />control plans and has only a few minor concerns (See Howard R. Green <br />Memorandum). <br /> <br />Well and Septic <br /> <br />The septic system being proposed is adequate for a 31 lot single-family development <br />and is consistent with MPCA guidelines. A MPCA permit has been applied for, <br />however, it is unlikely that the permit will be granted before the spring building <br />season. The PCA permit is required for a clustered septic system if the sewage flow <br />is greater than that of a 26 lot single-family subdivision. Until a MPCA permit is <br /> <br />\kelkriverksys\shrdoc\planning\stevewen\ccmmo\p99-12cc.doc <br /> <br /> <br />