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CC Regular Session 5. 13. <br />Meeting Date: 11/09/2021 <br />By: Chris Anderson, Community <br />Development <br />Information <br />Title <br />Adopt Resolution #21-317 Approving Grading Agreement for Lynwood; Case of US Home Corporation dba <br />Lennar (Project 21-122) <br />Purpose/Background: <br />On September 28, 2021, the City Council approved, with contingencies, the Preliminary Plat for the Lynwood <br />subdivision, which is located on the land west and south of Fire Station #1 on Armstrong Boulevard (the "Subject <br />Property"). US Home Corporation dba Lennar (the "Applicant") has requested authorization to begin preliminary <br />mass grading of the Subject Property yet this year before the ground freezes. Preliminary Grading is a standard <br />process that the City allows in anticipation of future development. <br />Approval of a Grading Agreement would allow the Applicant to remove necessary trees and shrubs from the site <br />and then "move dirt" around onsite to create the slopes and grades approved by the City. Grading is an extremely <br />important part of any project to ensure that the project is safe for future owners from flooding, excessive runoff, <br />rain events, etc. The City has allowed preliminary grading on several occasions, most notably the site of the Bunker <br />Lake Industrial Park and Preserve at Northfork. <br />There were multiple contingencies included with the approval of the Preliminary Plat. Two have yet to be satisfied, <br />including Metropolitan Council approval of a Comprehensive Plan Amendment (CPA) re -guiding the Subject <br />Property from High Density Residential to Medium Density Residential and Lower Rum River Watershed <br />Management Organization (LRRWMO) approval of the wetland delineation and stormwater management plan. On <br />November 1, 2021, the Community Development Committee (of the Metropolitan Council) unanimously voted to <br />move the CPA forward the full Metropolitan Council for approval on November 10, 2021. The LRRWMO <br />approved the wetland delineation on September 16, 2021. The stormwater management plan is scheduled for <br />consideration by the LRRWMO on November 18, 2021. Both of these contingencies are included in the Grading <br />Agreement and would need to be satisfied before commencing grading activities. <br />Notification: <br />Notification is not required. <br />Observations/Alternatives: <br />Attached is a standard Grading Agreement for private development. This agreement sets minimum expectations as <br />well as providing a financial security to ensure that the project is completed in accordance with City Code and <br />inspection fees for the Engineering Division to complete inspections throughout the process. However, as noted <br />above, it does specify that no activity can begin on the Subject Property until after confirmation that the <br />Metropolitan Council has formally approved the CPA (again, scheduled for November 10, 2021) and the <br />LRRWMO has formally approved the stormwater management plan (scheduled for November 18, 2021). <br />Funding Source: <br />All costs associated with processing this Application are the responsibility of the Developer. <br />Recommendation: <br />