PUBLIC HEARING: Consider Resolution #13-09-150 Granting Amendment to Planned Unit Development Approval of Town Center Gardens Third Addition

On April 12, 2005, the City Council granted Preliminary Plat Approval to Town Center Gardens Third Addition. The Final Plat was approved on August 9, 2005. The Plat was approved as a Planned Unit Development. An integral part of a PUD approval is the approval of a site plan, which includes architectural styles.

The City has received a Building Permit Application for a single-family dwelling that deviates from the original site plan approval. While Staff does not object to approving the model, it does not appear that the PUD approval gave sufficient administrative capacity to approve this split entry model without an amendment to the PUD. Staff recommends approval of the amendment, consistent with the findings below.

Approximately half of the units have been constructed, with an additional eight (8) vacant lots remaining according to 2012 aerial photography.

Staff attempted to notify all Property Owners within 350 feet of the Public Hearing. A Public Notice was also advertised in the Anoka Union.

The intent of the Planned Unit Development District is to provide a district that will encourage:

1. Flexibility in land development in order to make better use of new techniques in building design and construction and land development. 
2. Housing affordable to all income groups.
3. More efficient use of public infrastructure.
4. Energy conservation through the use of more efficient building designs and through the clustering of buildings and land uses.
5. Preservation of desirable land characteristics and open space and protection of sensitive environmental features such as steep slopes, poor soils and trees.
6. More effective and efficient use of land, open space and public facilities through the mixing of land uses and assembly and development of land in larger lots.

In order to provide maximum flexibility, PUDs are not required to meet typical zoning code standards when specifically approved as a part of the PUD. At the discretion of the city, certain zoning code standards may be used as guidelines when determined appropriate.

The majority of the housing units in the overall Town Center Gardens development are townhome style units. The introduction of single-family units provided density transitioning from medium density residential portion of the development to the larger-lot single-family area adjacent to the development.

An integral part of a PUD approval is the approval of a site plan that becomes the zoning standard for the area. City Code Section 117-123 requires that the developer submit a preliminary site plan for approval by the City Council after recommendation by the Planning Commission, including a public hearing. City Code Section 117-123 does provide a process to amending site plan approvals for PUD. Subd. (e) states the following:

Major changes. If the applicant proposes major changes in the final site plan that are inconsistent with the preliminary site plan, these changes can only be made by re-submission of a new preliminary site plan and rezoning application to the zoning administrator, and scheduling of a new public hearing before the planning commission and review again by the council. The following constitute major changes:

1. Increase in density.
2. Change in architectural design or style.
3. Change in type of ownership, private, condominium, or rental.
4. Change of more than ten percent in total floor area of the proposed buildings.
5. Increase in height of any building.
6. Major modification in the landscape plan.
7. Reduction in the proposed open space.
8. Change in the development schedule.
9. Change in the road location or standards.
10. Any other changes determined to be major by the council.

It is Staff's analysis that a modified two-story (not a full two-story) with split entry, without a full front porch is a change in architectural design or style. The PUD approval noted three (3) single-family models consisting of full, two-stories and a full front porch. The PUD approval only notes that these models meet the City's minimum standards. The PUD approval does not mention that additional architectural standards are required in order to approve the PUD. If the full two-story model with full front porch were an integral part of the approval, it is likely that this would have been expressly stated. The development is not located within The COR District, thereby is not subject to The COR Design Standards, which would have prevented this model.

However, to ensure that the City is transparent in its administrative decisions and to ensure that the City remains in compliance with City Code regulations, Staff is forwarding the revised PUD for Public Hearing in order to clarify through a public process that a modified two-story, split-entry dwelling is acceptable to the PUD approval.

The Planned Unit Development Amendment for Town Center Gardens Third Addition is being handled as part of normal Staff duties.

Staff recommends that the City adopt Resolution #13-09-150 granting Planned Unit Development Amendment for Town Center Gardens Third Addition.

Motion to recommend that the City Council adopt Resolution #13-09-150 granting Planned Unit Development Amendment for Town Center Gardens Third Addition.