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Planning Commission Minutes November 23, 1999 Page 5 . . 2. 3. 4. 5. 6. . Mr. James asked if he would be affected by the covenants. Chair Mesich explained that the zoning of his property would not change and he would be able to use his property in the same way he can presently. Lana Huberty, Park & Recreation Commission representative, explained that the Commission recommends approval of the city park as part of this plat, even though the area is not identified on the Master Park Plan. She stated that the Commission will be updating the Master Plan and will include some areas which are not in the city sewer and water district, and may be suitable for cluster development. Chair Mesich asked who would be responsible for removing the understory brush and trees in the park. Mr. Glines indicated that he would remove it if the city wants it removed, or it can be left. There being no further public comment, Chair Mesich closed the public hearing. Chair Mesich asked if Mr. Glines has contacted the Minnesota Land Trust. Mr. Glines stated that he has talked with them. He explained that there are other entities which can hold the open space in a trust. For example, the open space in his cluster development in Cass County (Leech Lake) will be held by the Cass County Soils Service. Ms. McPherson stated that each cluster development will be reviewed on its own merit. She noted that after further study, a change was made in the cluster development ordinance to remove the option for individual septic systems, and to allow an automatic 15 percent density bonus to encourage the use of community septic systems. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY DYNAMICS, LAMM AND DEHRER, LLP, FOR PRELIMINARY PLAT APPROVAL (WINDSOR PARK), PUBLIC HEARING CASE NO. P 99-12, WITH THE FOLLOWING CONDITIONS: 1. THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE PRELIMINARY PLAT. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO FINAL PLAT. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO.1 BE OBTAINED FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS.