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Agenda Number L/5 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING :SND ZONING :4,PPLICA'TION STAFF REPORT'. TO: Bryan Bear, City Administrator FROM: Rachel Juba, Planner SUBJECT: Kettler Construction, Inc. Request for r! Preliminary Plat and PUD Amendment for "Victor Gardens North Village 71 Addition" consisting of 33 townhome units on 8.51 -acres located north of Rosemary Way and east of Elmcrest Avenue North. DATE: May 12, 2016, for the City Council Meeting of May 16, 2016 ZONING: Planned Unit Development (PUD) 60 -DAY REVIEW DEADLINE: May 30, 2016 1. PLANNING COMNIISSION UPDATE: At its April 28, 2016, meeting the Planning Commission considered and held a public hearing on the request. There were two residents that spoke during the public hearing. One resident was concerned that the units within the development were not going to be added to the Victor Gardens Home Owners Association (HOA), specifically the residents sub -association. He stated that it was his understanding that the previous developer was originally going to form a sub -association out of the entire site, however, they only build the one building and then went out of business. He stated that now there are only four homeowners in their sub -association and their dues are the highest in Victor Gardens. There is a concern that the sub -association may fail. He believed that the previous development agreement implied that the entire site must be part of one sub -association and would like either to be added to Mr. Kettler's newly formed HOA or Mr. Kettler's proposed development be added to the already existing sub -association. Staff stated that the City does not get involved in what specific HOA the units belong to, but does ensure there is an association created to maintain the private responsibilities proposed with the development. Staff added that the sub -association members may need to have a discussion with the Victor Gardens master association related to their concerns.