Adopt Resolution #17-07-176 Approving Tree Clearing and Grading Agreement for Bunker Lake Industrial Park; Case of PSD, LLC

Updated July 7, 2017

PSD, LLC, Developer of the Bunker Lake Industrial Park has requested an advanced start on site preparation for this future business park. The Developer has asked that the following site preparation activities be allowed to commence in advance of full site plan approval.

1. Tree Clearing
2. Mass Grading

Both activities seem reasonable based on the plan set provided. The City has allowed these advanced activities in the past for multiple other developments.

Notification is not required for this step. However, Staff has attempted to notify all Property Owners within 700 feet of the Property via Standard US Mail. The Planning Commission reviewed the Sketch Plan on July 6, 2017. There was no public comment.

The request is fairly straight forward. The preliminary site preparation is a standard activity regardless of Site Plan Approval and Building Permit Approval. This step simply allows for mass grading to bring the site to a more pad-ready development state, including soil corrections/import/export.

Please note that the tree removal threshold in the Tree Preservation does require some replacement. The proposed grading plan does propose to remove all existing tree cover in order to accomplish the desired grading and pad sites. There are a number of significant trees as defined by City Code planned to be removed. Staff assumes that the proposed landscape plan will satisfy the replacement requirement. Staff also notes that the Developer could address the replacement standard through the specified contribution to the Community Forestry Fund as an alternative.

Both activities require the approval of the Lower Rum River Watershed Management Organization (LRRWMO), at least in part. The City's past practice is to approve tree clearing and grading together due to WMO and City regulations.

By accepting this preliminary approval, the Developer shall acknowledge that this review is not a complete and full review of the project and that the City accepts no liability for perceived changes to plans based on code compliance. Of particular note, Staff clarifies that the City has not reviewed compliance with stormwater regulations, which can have a significant impact on the grading plan including soil import and export. This can have a significant impact on the project pro-forma.

All costs associated with processing the Application are the responsibility of the Developer.

Staff recommends approval of the Tree Clearing and Preliminary Grading Agreement. The Planning Commission has indicated general support through Sketch Plan Review on July 6, 2017.

Motion to approve Tree Clearing and Grading Agreement for Bunker Lake Industrial Park.