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City Council Minutes October 18, 1999 Page 20 e 6.13. Reauest by City of Elk River for Ordinance Amendment to allow Clustered Subdivisions in the R1 a and A 1 Zonina Districts, Ordinance No. 99- , Public Hearing Case No. OA 98-3 Staff report presented by Steven Wensman. The City of Elk River requests an ordinance amendment to allow single family residential cluster development in the R1 a and A 1 zoning districts as a permitted use, with regulations. Steve reviewed changes made in the draft ordinance. Steve reviewed unresolved issues to be addressed by the City Council regarding park dedication, conservation easements and septic systems. The councilmembers agreed that a 15 percent density bonus was appropriate when clustered septic systems are utilized. Mayor Klinzing opened the public hearing. Norman Lemon, 11216 Brook Road, stated that clustering would not work on his property because the cost to put in the road would consume any profit he would make selling the lots. He stated his support for returning to the 3 acre minimum, which was used back in 1987. e Dick Gruys, 22347 Monroe Street, asked why they cannot have 2-1/2 acre lots like the property owners have which are south of County Road No. 33. He stated that he has been quoted a price of $750,000 to build one mile of road. In order to build a road to develop his property under the cluster ordinance, he would need to construct a % mile road. He felt the costs were too prohibitive to develop his property. Dave Anderson, Park & Recreation Commissioner, complimented the Planning Commission and staff for their work on the cluster ordinance. He supported the collection of park dedication based on the underlying density. Dick Gruys stated that he did not see why the city felt they needed so much park land and that he read an article stating Elk River has more park land than the city of Chicago. There being no further comments from the public, Mayor Klinzing closed the publiC hearing. Mayor Klinzing explained that the cluster option is more suitable for larger properties and may not be feasible for some of the smaller parcels. Councilmember Motin stated he has some concerns regarding conservation easements. He questioned what would happen if the open space is owned a homeowner's association and the association fails. He felt the city should require the open space be placed in a land trust. Council member Motin asked if there were other options to insure the property would be taken care of. e Steve Wensman indicated that the Minnesota Land Trust is the only land trust he is aware of which does yearly inspections.