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Planning Commission Report, December 2006 2 ii. The applicant has proposed designating the western 26.5 feet of the property as right-of- way for 9th Avenue SW. The road currently does not have any right-of-way designated, and the western half of the road falls in Loon Lake Township in Cass County. 12. While the applicant has not shown any proposed future driveways, Mike Loven of the Roads and Streets department has advised that the future property owner of Lot i place their driveway south of the bend in the road to the north. Also, no culverts will be needed for driveways as the area is generally flat. THE PLANNING COMMISSION FURTHER RECOMMENDS THAT THE FOLLOWING CONDITION BE INCLUDED WITH THE APPROVAL: i. A deed restriction shall be placed on Lot One that would limit access to the property to the southern 75 feet of the parcel. 2. HEARING: Rezoning from Residential and Commercial to Shoreline Residential, City of Pequot Lakes. Lindel and Sherwood, property owners. Parcel No.: 29o221400A00009. The subject property is located just south of downtown, bordered by State Highway 371 on the east and Sibley Lake on the west. The property measures nearly io acres in size. Over the last two months, the Planning Commission has been reviewing the rezoning of the properties shown on the map below. Because of an error in the notification process, the subject property was inadvertently left out and was not properly noticed, and so was not rezoned along with the others. These properties were pulled out of the City-wide rezoning because of their frontage on both Sibley Lake and Highway 371. Under the previous Ordinance, the properties were zoned Residential with the eastern portion of the properties zoned Commercial. The proposed rezoning is to Shoreline Residential entirely. This is their separate public hearing to rezone their properties to a classification in compliance with the new Land Use Ordinance. The property owners that own businesses have indicated a desire to rezone the properties along State Highway 371 to a Commercial zoning classification. This hearing is continued from the October meeting, where Staff was directed to revise the proposed rezoning. THE PLANNING COMMISSION IS UNANIMOUSLY RECOMMENDING THAT PARCEL ID 290221400A000o9 BE REZONED TO SHORELINE RESIDENTIAL EXTENDING TO THE EASTERN BOUNDARY OF THE PULIBC RIGHT-OF-WAY OF FRONT STREET TO THE NORTH AND TO COMMERCIAL FROM THAT POINT EXTENDING EAST TO STATE HIGHWAY 371. THIS RECOMMENDATION IS BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed rezoning to Shoreline Residential would be consistent with the City's Comprehensive Plan as the properties are adjacent to shoreline and some of them are residential in character. 2. The proposed rezoning to Shoreline Residential is mostly consistent with the Future Land Use Map, which designates the area adjacent to the shore as Shoreline Residential. The Future Land Use Map also designates the off -lake portions of these properties as Rural Residential. 3. The proposed rezoning to Shoreline Residential meets the compatibility requirements in that the properties are adjacent to the Water Resource zone; the compatibility requirements state that the zone should extend through the first tier of parcels to a public road or 500 feet from the OHW, whichever is closer to the water body. In this 14084 Baxter Drive, Suite 7 I Baxter, Minnesota 56425 1218.828.3064 I www.communitygrowth.com