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REQUEST FOR COUNCIL ACTION Date: November 14, 2016 Item No.: 14 Department Approval: Administrator Approval: Agenda Section: Name: Jeremy Barnhart Y"_4 Planning Dept. Title: Community Development Director Item Description: #16-3868, Charles Cudd, LLC o/b/o DDK, LLC, 2525, 2535, and 2545 Shadywood Road - Final Plat On September 12, 2016 the City Council adopted Resolution No. 6668 granting preliminary approval for a 7 -lot residential plat of the properties at 2525, 2535, and 2545 Shadywood Road, to be known as Shadywood Villas. The developer, Charles Cudd, LLC, is nearing approval of the final plat. The remaining item on the final plat is the vacation of drainage and utility easements held over from the original Plat of the property, Leach Addition. The Planning Commission will hold a public hearing on November 21, and the Council will see the vacation request at its meeting on November 28th. Staff views the vacation request as a housekeeping item. The final plat is consistent with the approved preliminary plat. The developer seeks Council direction on three questions associated with the Development Agreement, draft attached. Question 1. Upon closer inspection of the proposed homes, the Floor Area Ratio (FAR) for two lots exceeds limits previously imposed. The floor area of the homes is 4893 sq feet, and includes the entire basement, main floor, sun porch, and garage. The resulting floor area for Lot 3 is 0.55 and for lot 4 is 0.63. The homes have not changed from the original submitted. The development agreement establishes the appropriate limits for these lots to permit the home proposed. Question 2. The developer desires to start construction on the homes before the 1 st lift of asphalt is applied to the new internal street. The internal street is a public street. Allowing home construction before the 1St lift gives the builder a 7 month head start, as the 1St lift likely won't be applied until next May, with a foundation potentially being dug in June -July. Historically, Orono has required at least the 1St lift for many reasons, including emergency access and engineering/ construction management: Engineering • Fall conditions are typically wet and soils have no chance to dry up because of the cool weather and short days. Because of this, it is very common that the subgrade cannot pass a roll test in the last fall. The proposed solution is typically to increase the depth of the pavement structure (i.e. add sand) to bridge over the soft wet soils but it does not address the issue completely and drainage of the pavement section can be an issue. • When the aggregate base is proposed for a traveled surface to allow home construction to begin there are several issues. For one thing, all components of the pavement structure are needed to provide the intended strength for the road. A gravel base does not provide the same strength as a complete road,