07-16-2012 Planning Commission Packet

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#12-3566 MiJSA Amendment July 11,2012 Page 2 ' Process � • � The public hearing is the first step in the process .for completing a Comprehensive Plan amendment to revise the MUSA. Once Planning Commission has completed the Public Hearing � - and recommended approval, a Resolution will be presented to the City Council for conditional adoption of the amendment subject to Met Council approval. The proposed amendment will be � submitted to the Met Council on their standard forms with supporting information. Once Met Council has approved the amendment, the City can formally adopt it by resolution. After the amendment takes effect, actual construction of the sewer connection line and the assessment for it are topics primarily dealt with by the Council�with no further Planning Commission action required. Basis for Amendment . � The primary intent of this amendment is to make it possible for the property at 20 Orono Orchard . Road to be allowed to connect to the sewer. Staff initially considered whether the entixe Orono Oaks area neighborhood should be added to the MUSA; however, it was determined that many homes had conforming systems and/or were constructed post-1985, so adding them to the MLTSA would require inclusion in the City's overall density calculation. The result is that the � amendment requested is for just the applicants'property. . This parcel is smaller than most in the neighborhood; although it is 2 acres in gross area, it has only 3/4 acre of dry buildable land,the remainder being wetland. The basis for the request is that the property has an existing septic system that�is largely unknown as to design, location or � capacity, but is at least 35 years old, not conforming to any current standards and determined to be non-compliant, and will have to be replaced at some future time that the house is occupied or rebuilt. � . The existing house is more than 60 years old. Construction of a new conforming on-site system appeazs to be impossible because: � -the non-wetland area of the property is only 3/4 of an acre; - - part of the dry-buildable area is encumbered by a driveway easement that serves 2 neighbori.ng homes; - required setbacks from the well, from the wetland on the north side of the properiy, from a small creek that runs through the front yard, and from the house, garage, properry boundaries and driveways, leave only an area just north of the house that is wooded and has a slope averaging � 20-25%. This area is approximately 40'x70' and due to its slope draining toward the easement driveway, would not be a feasible treatment system location. The soils in this area normally require mound systems,making the steep slope a limiting design factor. Exhibit E is a topographic depiction of the site showing setback requirements and the only area that meets setbacks. Also attached is a copy of the City's septic system record for this property, . a site location map showing the existing MLTSA, and two airphotos. .