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STAFF REPORT <br /> Application: Conditional Use Permit for a Planned Unit Development <br /> Applicants: Carl and Colleen Smith <br /> Background Information: The applicants, Corky and Colleen Smith, are seeking to do a <br /> second phase of their Trail View Townhouses development. The current proposal is <br /> adjacent to and directly north of the current development. The applicants are proposing <br /> six units on 1.54 acres. The property is zoned Commercial. <br /> Applicable Statutes: In order to construct the townhomes in the manner depicted in the <br /> sketch plan, a Planned Unit Development (PUD) and a subdivision must be approved. <br /> The PUD is an approval of the concept—the number of units, the general layout, and the <br /> management approach. The subdivision will require a preliminary plat(see next hearing) <br /> and a final plat. <br /> The first thing that must be done as part of a PUD is to determine the base density. As <br /> stated at the previous Trailview Townhouse development, the Ordinance is not clear on <br /> how to do this in the Commercial Zone. No changes have been made to the Ordinance, <br /> nor are they planned, that would facilitate this type of development in this area. <br /> The PUD section of the ordinance also reviews maintenance and design criteria in <br /> Section 150.060. This section details the following provisions that apply to this <br /> application: <br /> A. Before final approval of a Planned Unit Development may be granted, <br /> adequate provisions must be developed for preservation and maintenance in <br /> perpetuity of open spaces and for the continued existence and functioning of <br /> the development. <br /> B. Deed restrictions, covenants, permanent easements, public dedication and <br /> acceptance or other equally effective and permanent means must be provided <br /> to ensure long-term preservation and maintenance of open space. The <br /> instruments must include all of the following protections: <br /> 1. Vegetation and topographic alterations other than routine <br /> maintenance shall be prohibited; <br /> 2. Construction of additional buildings or storage of vehicles and other <br /> materials is prohibited; <br /> C. All residential PUDs must have a property owner's association with the <br /> following features: <br /> 1. Membership must be mandatory for each dwelling unit or site <br /> purchaser and any successive purchasers; <br /> 2. Each member must pay a pro-rata share of the association's expenses <br /> and unpaid assessments may become liens on units or sites; <br /> 3. Assessments must be adjustable to accommodate changing <br /> conditions; <br /> CITY OF PEQUOT LAKES PAGE 6 <br /> OCTOBER 2003 STAFF REPORT <br />