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Mounds View City Council January 24, 2005 <br />Regular Meeting Page 8 <br />• created a summary page for publication purposes, but that the whole ordinance is available to see <br />on line and at City Hall. <br />Mayor Marty opened the public hearing at 8:33 p.m. There being no public comment, Mayor <br />Marty closed the public hearing at 8:33 p.m. <br />MOTION/SECOND. Gunn/Flaherty. To approve the Second Reading and Adopt Ordinance <br />757, an Ordinance Vacating an Unused and Excess Utility Easement Associated with 8265 <br />Spring Lake Road. <br />ROLL CALL: Marty/Stigney/Guru~/Flaherty. <br />Ayes-4 Nays-0 Motion carried. <br />C. 7:15 pm. Public Hearing, Introduction and First Reading of Ordinance 755, <br />an Ordinance Amending Chapter 1120 of the Mounds View Zoning Code <br />Pertaining to Building Heights in a Planned Unit Development (PUD) Zoning <br />District. -Ericson. <br />Mayor Marty opened the public hearing at 8:35 p.m. <br />Director Ericson stated that there is an inconsistency in the Zoning Code relating to Planned Unit <br />• Developments, and that the PUD Zoning Code is designed to allow for a maximum flexibility <br />to allow for the highest and best development possible, and encourages flexibility to preserve <br />open space, environmental considerations, and other beneficial public purposes. He stated that <br />one of the criteria in looking at a planned unit development is to allow for variation provisions of <br />the Code, including setbacks, height, lot area, width and depth, yard, etc., so it gives the City <br />some greater flexibility in looking at a development so as to preserve and protect certain <br />features. He stated that you can enhance the density, you can increase the height of a building, <br />or decrease setbacks where it's in the public purpose. He stated that the problem is later on in the <br />City Code under the same Chapter, there is a conflicting provision which is outlined in the <br />second page of his report, regarding building height. He stated this inconsistency was discovered <br />a few years back when they were looking at the Mermaid development. He stated that they were <br />thinking about a hotel that could possibly be five stories, but they did scale that back to three <br />stories. He stated there are still plans in the works that could increase the height of the hotel. He <br />stated that at this point they can't allow that because it's somewhat inconsistent with the <br />provisions of the Code. <br />Director Ericson stated that the Planning Commission had looked at this, and recognized that <br />there was an inconsistency, and they felt that the intent was to be flexible and not to create <br />restrictions on development, and so they are recommending, and Staff is also recommending, <br />that adoption of this Ordinance would simply add one line to the Code, and this would be <br />under the same Subdivision 12. He stated the new language is, "Unless additional height or <br />stories would serve a better purpose consistent with the stated intent of this Chapter." <br />