Adopt Resolution #21-317 Approving Grading Agreement for Lynwood; Case of US Home Corporation dba Lennar (Project 21-122)

On September 28, 2021, the City Council approved, with contingencies, the Preliminary Plat for the Lynwood subdivision, which is located on the land west and south of Fire Station #1 on Armstrong Boulevard (the "Subject Property").  US Home Corporation dba Lennar (the "Applicant") has requested authorization to begin preliminary mass grading of the Subject Property yet this year before the ground freezes.  Preliminary Grading is a standard process that the City allows in anticipation of future development.

Approval of a Grading Agreement would allow the Applicant to remove necessary trees and shrubs from the site and then "move dirt" around onsite to create the slopes and grades approved by the City. Grading is an extremely important part of any project to ensure that the project is safe for future owners from flooding, excessive runoff, rain events, etc. The City has allowed preliminary grading on several occasions, most notably the site of the Bunker Lake Industrial Park and Preserve at Northfork.

There were multiple contingencies included with the approval of the Preliminary Plat.  Two have yet to be satisfied, including Metropolitan Council approval of a Comprehensive Plan Amendment (CPA) re-guiding the Subject Property from High Density Residential to Medium Density Residential and Lower Rum River Watershed Management Organization (LRRWMO) approval of the wetland delineation and stormwater management plan.  On November 1, 2021, the Community Development Committee (of the Metropolitan Council) unanimously voted to move the CPA forward the full Metropolitan Council for approval on November 10, 2021.  The LRRWMO approved the wetland delineation on September 16, 2021.  The stormwater management plan is scheduled for consideration by the LRRWMO on November 18, 2021.  Both of these contingencies are included in the Grading Agreement and would need to be satisfied before commencing grading activities.

Notification is not required.

Attached is a standard Grading Agreement for private development. This agreement sets minimum expectations as well as providing a financial security to ensure that the project is completed in accordance with City Code and inspection fees for the Engineering Division to complete inspections throughout the process.  However, as noted above, it does specify that no activity can begin on the Subject Property until after confirmation that the Metropolitan Council has formally approved the CPA (again, scheduled for November 10, 2021) and the LRRWMO has formally approved the stormwater management plan (scheduled for November 18, 2021).

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

Staff recommends approval of the request.

Motion to Adopt Resolution 21-317 Approving Grading Agreement for Lynwood.