7A - Wilderness Resort Conditions Update

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A motion was made by Tom Adams, seconded by Bill Habein,to approve the Conditional Use Permit application with the conditions included in the Staff Report, changing Condition 6-b to state that Design Review Team will visit Wilderness Point and work with the developer on the first clearing when they build the first unit up there, Condition#13 be changed to 30 units, Condition#8 shall state any changes to association documents, Condition 4-a shall include last sentence "The documents shall address the continued operation of Wilderness Resort as a commercial resort"and Condition#17 the word"OMIT"shall be removed and the first sentence shall be restored,based on the following Findings of Fact: On the zoning&setbacks 1. The underlying zone is Shoreline Commercial and Open Space. 2. The Shoreline Commercial district allows commercial PUD's with a conditional use permit. 3. The Commercial PUD is subject to all of the setback requirements of the underlying zone, in this case Shoreline Commercial. 4. All of the units are outside of the 75 foot shoreline setback. 5. All units meet the 30 foot bluff setback. On the conditional use permit 6. There is no reason to believe that expansion on the Wilderness Resort, with vigorous conditions, would harm the health, safety, or welfare of the community. Operation over the past two years has not created such harm. 7. Access to the resort is off of public right-of-way. `-- 8. The PUD would continue to act as a resort. Although there will be some intensification of use, there will be no change in land use. The use will remain compatible with the adjacent properties. 9. A Commercial PUD is a permitted conditional use within the Shoreline Commercial District. 10. The Comprehensive Plan specifically identifies Wilderness Resort as a recreational amenity of the City (page 64). One of the goals of the Comprehensive Plan is to "Maintain private resorts and facilities for public recreational use"(page 65). This proposal, with vigorous conditions to safeguard the environment and the water quality, is consistent with the objectives of the Comprehensive Plan. 11. On-site stormwater retention ponds will reduce sedimentation and nutrient loading of public waterways. 12. The site is largely covered by wooded areas and wetlands. The proposal will not significantly reduce the amount of wooded areas and will not impact the wetlands. 13. There are two bluff areas that have an existing road crossing them. Conditions to the development will deal with this situation. 14. There is increased erosion potential with the new construction, especially in areas near the top of the bluff. 15. The proposed improvements are needed to maintain the viability of Wilderness Resort. This has been the testimony of the applicant, which is not disputed. The 4