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. COUNCIL MEET1��1� Date Application Received: 3/4/15 MAR 0 9 2015 Date Application Considered as Complete: 3/4/15 60-Day Review Period Expires: 5/3/15 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: March 5, 2015 Item No.: G� Department Approval: Administrator Approval: Agenda Section: Name: Michael P.Gaffron Planning Dept. Title: Senior Planner Item Description: #14-3687—Real Assets II, LLC, 3720-3730 Northern Avenue —Plat of Northern Oaks —Request for Revised Grading Plan Approval List of Ezhibits: Exhibit A. Submitted Letter of Request& Real Estate Listing Exhibit B. Dev Agreement&Prelim Plat Resol Excerpt& Approved Grading Plans Exhibit C. Number of Stories Analysis by Staff Exhibit D. Submitted Revised Grading Plan Proposal Exhibit E. Submitted Color Rendering of Proposed Homes Exhibit F. Communication to Applicants 12/12/14 Summary of Request Applicants request approval of a revised grading plan and amendment of the terms of the PRD Agreement for Northern Oaks, with respect to the condition requiring compliance with the conditions of Preliminary Plat Resolution No. 6345; specifically, with the condition that the approved grading plan does not establish new existing grades for building height determination purposes [Resol. 6345,page 9, condition 3(e)]. Background The final plat of Orono Oaks was approved by the City Council in August 2014 and filed with Hennepin County in November 2014. Site grading to construct the drainage swales and ponding areas has been completed, and the first new homes are under construction on Lots 1 and 2. In reviewing the plans for a proposed home on Lot 3, staff found that the proposed home would consist of 3 stories whereas only 2-1/2 stories are allowed, based on the pre-existing grades. The final plat approval resolution specifically noted that pre-existing grades would be used for building height determinations, and that the grading plan as approved did not create new existing grades (see Exhibit B). This was because the developer was not planning to create new building pads as part of the mass grading of the site to accommodate drainage;the individual sites would be filled/graded as homes were built. Additional review noted that the same issue will be encountered on Lot 4. The bowl-shaped topography of the site results in a lower depressional azea at the required street setbacks of Lots 3 and 4. The applicants intended to add fill to accommodate home construction. On Lot 3, the