09-17-2018 Planning Commission Packet

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FILE # LA18-000072 17 September 2018 Page 2 of 3 The property is currently zoned LR -113 One Family Lakeshore Residential (1.0 acre). The development meets the dimensional requirements of the LR -113 district, with the 20 -foot wide "frontage" connection to Walters Port Lane. Lot 1 is proposed to solely use Walters Port Lane for access; Lot 2, while it does have street frontage on to Walters Port Lane, will access via the existing Pence Lane driveway shared with the Huelers. Lot 2 provides for a generally flat house pad to support a reasonable home, without encroaching into the side yard setbacks, the lake yard, or the average lake shore setback. A delineated wetland near the center of property impacts buildable area and limits flexibility for development. The lots will be served by City sewer and water. The delineated wetland does require a buffer, as required by the Watershed District. Grading Over the past year and during the construction of the addition to the Dunkleys' home there has been unpermitted movement of dirt and grading. This grading has impacted the 'existing grade' necessary to apply height regulations to the new home. The applicant is attempting to capture the topographic changes to the property with the proposed plat. There is an area between the wetland and the driveway where approximately 300 cubic yards of fill was placed. This filling was not part of the permits for the demolition of the home on 2710 Pence Lane, nor was it included in the home addition permits. They are also showing an approximate 200 cubic yard stockpile on Lot 1. This material is also proposed to be utilized along the west side of the driveway. A number of trees have been removed from the property outside of the 75 -foot zone. Drainage & Utility Easements The City requires standard perimeter drainage and utility easements around all property boundaries in the Plat and drainage easements over the wetland areas. Outlot A should also include the perimeter drainage and utility easements. The final plat drawing should include the drainage and utility easements. The preliminary plat should reflect the limits of the existing driveway easement, for clarity in the future. Park Dedication The Parks, Open Space and Trail Plan element of the Orono Comprehensive Plan does not specify the need for a neighborhood park at this location. As there is no defined need for park land, it would appear that dedication of actual land for park purposes is not required. Absent the need for park land dedication, a Park Dedication Fee in lieu of land would be appropriate per City Ordinance. The Park Fee is determined as 8% of the fair market value of the land being subdivided, but must be between a minimum of $3,250 and a maximum of $5,550 per residential dwelling unit. For the proposed lots, the Park Fee would be based on only the new lot. The City's Assessor will be consulted to determine the market value of the land for establishing the amount of the fee. Stormwater and Drainage Improvements The developer should contact MCWD and provide confirmation regarding the permits or approvals they will require for this subdivision. The City's engineer is reviewing the proposed plat drawing and comments will be prepared for the City Council agenda.