Agenda - Council - 08/09/2005 - Laserfiche WebLink

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payment. The applicant is requesting permission to begin grading work on the northern half of the site, between the 1st Addition and 149th Avenue, prior to receiving final plat approval. The applicant received permission to do this with the 1st and 2~d Addition of the Town Center Gardens. Staff is recommending this request be granted again, contingent on the applicant entering into a Development Agreement for the grading work. She advised staff is recommending approval of the preliminary plat and site plan, contingent on the City Staff Revicw Letter, Engineering Staff review comments, revision of the architectural elevations to include additional brick on the units on Bunker Lake Boulevard, and the developer entering into a l)evelopment Agreement to begin grading work prior to receiving final plat approval. Councilmcmber Cook questioned if the site plan approval can proceed without first addressing thc rezoning and PUD consideration in Case Nos. 5 and 6. Associate Planner Geisler replied the approval can be contingent on the rezoning and the PUD. Mayor Gamec requested a review of Case Nos. 5 and 6. Associate Planner Geisler distributed amended findings of fact for Case No. 5 with an updated legal description. She explained the PUD rezoning request would allow for a combination of single-family homes and townhomes, as well as some minor setback deviations for the townhome units. She explained Case No. 6 is the adoption of an ordinance to rezone the portion of the Town Center Gardens 3rd Additions land use designation from Medium Density Rt:sidential to Mixed Use; this request was approved by the City Council on December 14, 2004. The Mctropolitan Council has also approved the request. Along with the Comprehensive Plan Amendment request, the property must be rezoned to Town Center- TC-4a to accommodate the proposed preliminary plat. The City Council introduced the ordinance to approve this request on December 14, 2004; the ordinance is now ready for adoption. Councilmember Cook inquired if a PUD would limit the City's ability to check on the open space in certain areas. Associate Planner Geisler replied staff is confident the developer is meeting the open space requirements. There was a typo found on the developer's plans at the last moment that staff wanted to have verified. The open space verification should be a contingency of the plat approw~l. Councilmember Elvig noted there is a long string oftownhomes against CR 116. It is difficult to tel1 by ti~e plan what texturing will be on the surface of the buildings and he would suggest they may want to require staggering the fronts of the townhomes. Mayor Gamec inquired if the townhomes to the east are staggered. Associate Planner Geisler replied there is a little staggering in the buildings of the first addition ol' about ten feet. She explaine, d. the unit types being proposed at this time are not exactly the same as those in the first addition. Different materials and colors 'are being proposed. There is City Council/April 12, 2005 Page 15 of 35