02-18-2025 Planning Commission Packet (2)

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FILE #LA25-000001 18 February 2025 Page 3 of 4 L1B2, south of Fox Street is currently 2.94 acres (gross) and includes land to be dedicated as right-of-way. The net 2.8-acre property will have ±340 feet of frontage on Fox Street and ±390 feet on Orono Orchard Road. The Fox Street frontage is the narrower of the two and is therefore considered to be the “front”, and Orono Orchard Road is a side street. The proper principal building setbacks have been shown on the preliminary plat. This lot has a through driveway with one access onto Orono Orchard Road approximately 50 feet from the Dakota Rail Regional Trail managed by Three Rivers Park District. A second access is located on Fox Street, which continues northward into the shared private drive on the west side of the property. There is an existing easement over L1B2 for driveway purposes benefitting the property at 1465 Fox Street which is proposed to remain. Utilities Stormwater The creation of one new lot does not trigger the MCWD’s Stormwater Rule, no stormwater facilities will be required; the project will require payment of the City’s Stormwater Drainage Trunk fee for the newly platted lot. Private Water Supply Wells The properties are currently served by and will continue to be served by private water supply wells. City Sewer The property is currently served by City sewer. In 1999, the septic systems on the property were failing, and to resolve the issue most efficiently, the City approved three sewer connections despite the property not being within the MUSA (Metropolitan Urban Service Area). This approval was granted as part of a guest house conditional use permit and the owner’s willingness to sign a restrictive covenant limiting the property to three dwelling units. Copies of the resolution and covenant are attached as Exhibit J. Included with preliminary plat approval, the applicant is requesting termination of this restrictive covenant. It is contrary to standard practice to use a restrictive covenant or resolution to control density or enforce zoning regulations to govern the subdivision of a property. The City’s comprehensive plan and zoning regulations are the appropriate legal tools. Fees  Stormwater Drainage Trunk Fee The stormwater drainage trunk fee (“SWDT fee”) will be determined by the City’s Fee Schedule at the time of the Final Plat submittal. According to the current 2025 Fee Schedule, the development of a property within a 2- acre residential zone requires payment of $8,060 per each new lot and/or development of a vacant lot. As proposed, the developer will be subject to payment of a SWDT fee for 1 new lot or $8,060*.  Park/Trail Easement + Park Fees or Dedication The Parks, Open Space, and Trail Plan chapter of the 2040 Orono Comprehensive Plan does not specify the need for a neighborhood park at this location. The City’s golf course is located approximately 1/4 of a mile to the north of the property; Woodhill Country Club, a private course, is located about ½ mile to the east. As there is no specified need for a land dedication for a park or trail in this location, it would appear that the dedication of land for park purposes is not required. Absent the need for a land dedication, the project will be subject to the City’s 2025 Park Dedication Fee. This fee is determined by the fair market value of the land being subdivided. The Hennepin County Assessor will be consulted to determine the market value of the land to establish the amount of the fee. The developer is proposing two building sites or 1 new lot. The Park Fee for this development will be approximately $8,168*. *The fee amounts will be confirmed at the time of Final Plat submittal. 285