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Memo to Planning Commission/OA 98-3 September 28, 1999 Page 2 • 1. Park Dedication - Sherburne County presently waives park dedication fees if a developer clusters housing and preserves 50% of the land as open space with a conservation easement. Open space in any form can arguably be a public benefit, however the issue is whether it is a benefit to park and recreation? Is waiving the park fee is an appropriate incentive to encourage cluster development. Is private open space a benefit to park and recreation if the open space and trails connect to public parks and trails and are open to the public? 2. Conservation Easements - Should conservation easements be held by a land trust, such as the Minnesota Land Trust, or held by a homeowners association? Can a homeowners association be trusted to enforce land use regulations on its own members? The Minnesota Land Trust inspects its conservation easements on a yearly basis for land use violations and has a legal mechanism to enforce conformance with the easement rules. 3. Septic Systems - The Commission recently approved the Preserve Estates plat with individual septic systems on one acre lots that conforms to the proposed cluster ordinance. The Commission appeared to be nearly unanimous in its wishes for clustered septic systems in that particular plat. Does the Commission wish to remove the option • for individual septic systems from the cluster ordinance or change the lot size requirement for individual septic systems? Does a requirement for community septic systems then become a disincentive to cluster? The City Attorney has not yet provided a review of the proposed ordinance to determine how it might best fit into the City Ordinance. Recommendation Staff recommends that the Planning Commission review the changes to, and recommend approval of the Open Space Preservation Development Ordinance • \\ellcriver\sys\shrdoe\planning\stevewen\pcmmo\oa98-3.doc