10-17-2002 Planning Commission Meeting

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STAFF REPORT Page 7 of 14 STAFF REPORT Application: Conditional Use Permit for a Planned Unit Development Applicant: Carl and Colleen Smith Background Information: The applicant was present at the last Planning Commission meeting to receive clarification on the provisions of the Ordinance regarding construction townhouses in the Commercial zone. The Planning Commission indicated that this could be done by Conditional Use Permit. The Planning Commission also indicated that a Planned Unit Development would be required and, if the lots were to be owned individually, a subdivision would be necessary. The applicant has completed a Conditional Use Permit application and submitted a site-sketch. While it is clear that this is not a preliminary plat request, it is not clear whether the applicant wishes this to be a Planned Unit Development request. As per the sketch,the applicant is seeking permission to construct twelve units,ten of which would be duplexes in addition to two single-family homes. The parcel is zoned Commercial. Applicable Statutes: In order to construct the townhomes in the manner depicted in the sketch plan, a Planned Unit Development(PUD) and a subdivision must be approved. The subdivision will require a preliminary plat and a final plat. The first thing that must be done as part of a PUD, is to determine the base density. The Ordinance is not clear on how to do this in the Commercial Zone. The PUD section of the Ordinance requires a floor area ratio evaluation for commercial property,but only provides ratio for properties within the shoreland district. This property is not within the shoreland district. For a residential subdivision,the PUD section would compute base density as the amount of suitable area divided by the minimum lot size. The minimum lot size in the commercial zone is 1 acre. Density increases are allowed, but there are no provisions that would allow for a density increase greater than 50%. The PUD section of the ordinance also reviews maintenance and design criteria in Section 150.060. This section details the following provisions that apply to this application: A. Before final approval of a Planned Unit Development may be granted, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. B. Deed restrictions,covenants, permanent easements,public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: 1. Vegetation and topographic alterations other than routine maintenance shall be prohibited; 2. Construction of additional buildings or storage of vehicles and other materials is prohibited; C. All residential PUDs must have a property owner's association with the following features: �.• 1. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; http://www.communitygrowth.com/Pequot%20Lakes/Stair%20Reports/Stafi%20Report... 11/01/2002