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<br />Planning Commission Minutes <br />March 23, 1999 <br />Page 22 <br /> <br />. <br /> <br />6.15. Request bv City of Elk River for Ordinance Amendment Regarding Open Space <br />Subdivision Requlations, Public Hearinq Case No. OA 98-3 <br /> <br />Staff report by Steve Wensman. Steve explained that the open space overlay <br />district is proposed for the A 1 and R 1 a zoning district. He stated that he reviewed <br />the ordinance with the Minnesota Land Trust and they provided comments. Staff <br />is waiting for comments from the city attorney. Steve explained that several <br />developers helped with the formulation of the ordinance and they were invited <br />to attend this meeting. The ordinance was designed to provide incentives for <br />developers to utilize the cluster concept. The Park and Recreation Commission <br />will discuss basing park dedication on the yield plan rather than the actual bonus <br />plan at their April 14th meeting. Steve noted that he was not able to incorporate <br />other possible incentives such as tree preservation, storm water treatment, and <br />septic systems. <br /> <br />Steve explained that an important issue is who will hold conservation easements. <br />If the Minnesota Land Trust held the conservation easements, they would be <br />inspected yearly for compliance with an original agreement made with a <br />particular developer. Steve explained that site constraints in Elk River are so great <br />for developers to provide the required 50 percent open space, the very land they <br />want to preserve might end up not being preserved. He explained that the <br />current requirements of the Minnesota Land Trust were developed because of <br />the Lake Elmo project. Those criteria may be negotiable if the Land Trust felt the <br />project was credible. <br /> <br />. <br /> <br />Steve explained that an alternative would be for a homeowner's association to <br />hold the conservation easement. This option may be riskier, since homeowner's <br />associations are sometimes unreliable and would create a situation of neighbors <br />enforcing neighbors. Steve indicated that Sherburne County's open space <br />ordinance bases the amount of land set aside on gross acreage rather than <br />buildable acreage, and he felt the Minnesota Land Trust may not accept some <br />of these lands. They will then be faced with the issue of who will hold the <br />conservation easements. Steve noted that Marly Glines will be providing <br />information to him regarding another possible agency to hold the conservation <br />easements. <br /> <br />Steve indicated that the open space ordinance allows some flexibility to deal <br />with development proposals. <br /> <br />Chair Cote opened the public hearing. <br /> <br />Cecelia Scheel, 10271 213th Avenue NW, expressed her strong objection to the <br />proposed open space subdivision ordinance. <br /> <br />Staff indicated that the City is not forcing anyone to develop their property under <br />this ordinance; it is only an option. <br /> <br />. <br /> <br />A member of the audience questioned who decides how large the lots can be in <br />an area. Steve indicated that the City's Comprehensive Plan is used to <br />determine what lot sizes are appropriate for a particular area. Ms. Scheel stated <br />