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<br />Memo to Planning CommissionlOA 98-3 <br />September 28, 1999 <br />Page 2 <br /> <br />. <br /> <br />3. Density Calculations are based on the underlying zoning district <br />allowed density with bonuses for performance (public access to trails, <br />additional open space, clustered septic...). <br /> <br />4. Provide a greater bonus for clustered septic systems. <br /> <br />From reactions to the proposed ordinance, there appears to be three primary <br />unresolved issues that should be addressed by the Council. The issues are as <br />follows: <br /> <br />1. Park Dedication - Is waiving the park fees altogether an appropriate <br />incentive to encourage cluster development? Is private open space <br />connected and open to the public a benefit to park and recreation? <br />Sherburne County presently waives park dedication fees if a developer <br />clusters housing and preserves 50% of the land as open space with a <br />conservation easement. Open space in any form can arguably be a <br />public benefit, however the issue is whether it is a benefit to park and <br />recreation. <br /> <br />. <br /> <br />2. Conservation Easements - Should conservation easements be held by a <br />land trust, such as the Minnesota Land Trust, or held by a <br />homeowners association? Can a homeowners association be trusted to <br />enforce land use regulations on its own members? The Minnesota <br />Land Trust inspects its conservation easements on a yearly basis for <br />land use violations and has a legal mechanism to enforce conformance <br />to the easement rules. <br /> <br />3. Septic Svstems - The Planning Commission recently recommended <br />approval of the Preserve Estates plat with individual septic systems on <br />one-acre lots that conform to the proposed cluster ordinance. The <br />Commission appeared to be nearly unanimous in its preference for <br />clustered septic systems in that particular plat. Should the Ordinance <br />be amended such that only clustered septic systems be allowed, or <br />should the minimum lot size requirement for individual septic systems <br />be increased over the one acre size? If clustered septic systems become <br />a requirement then does it become a disincentive to cluster? <br /> <br />Recommendation <br /> <br />Staff and the Planning Commission recommend that the City Council <br />approve Ordinance 99- to permit single family residential clustering in <br />the RIa and Al zoning districts with clustering regulations. <br /> <br />. <br /> <br />\ \elkriver\sys\shrdoc\planning\stevewen \ccmmo \oa98- 3. doc <br />