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STAFF REPORT <br /> Application: Continuation of a Request for Rezoning from Public/Open to Commercial <br /> and Wooded Residential <br /> Applicant: Joni Tulenchik <br /> Background Information: Ms. Tulenchik has purchased a piece of Potlatch property <br /> that is partially within the City limits and is partially within the existing Township limits. <br /> It is located directly north of the Field of Dreams development and abuts Highway 371. <br /> The property is apparently zoned Public/Open space within the City limits and Forestry <br /> (FO) within the Township. The request would convert the zoning to Commercial along <br /> the highway with Wooded Residential behind. <br /> The Commission heard a presentation from the applicant's representative last month and <br /> tabled the request for further consideration. <br /> Applicable Statutes: When examining a rezoning request,the burden is higher than in <br /> most other land use applications. By state law, a 4/5ths majority of the Council is <br /> required to rezone a property, where a simple majority is needed in most other instances. <br /> For this application we must answer two questions: Is the property zoned incorrectly and, <br /> if so, what would be the correct zoning classification for this parcel? <br /> As previously noted that there is no Wooded Residential zoning classification defined in <br /> the ordinance. Rezoning consistent with the new Ordinance would be to Residential(R- <br /> 1). <br /> The Commercial district is outlined in Division 60 of the Ordinance. However,there is <br /> no Section 60.010 that outlines the purpose and intent of the zone, so it is somewhat <br /> unclear what property should be zoned commercial. <br /> Typically an ordinance will contain provisions for evaluating zoning parcels for zoning <br /> classification. The new Ordinance contains no such guidance. State shoreland <br /> management standards include the following criteria for evaluating zoning classifications. <br /> 1. Preservation of natural and sensitive areas. <br /> 2. Present ownership and development. <br /> 3. Shoreland soil types and their engineering capabilities. <br /> 4. Topographic characteristics. <br /> 5. Vegetative cover. <br /> 6. In-water physical characteristics. <br /> 7. Recreative use of surface water. <br /> 8. Road and service center accessibility. <br /> 9. Socio-economic development needs of the public. <br /> 10. Availability of public sewer. <br /> I <br />