4C - Amendment to Conditional Use Application to allow Additional Villas

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January 1, 2010, are part of an established Planned Unit Development and `-- contain at least 20 dwelling units. 2. The provisions for calculating allowable density in a Planned Unit Development, found in Section 17-8.2,subpart 6(A), shall not be applicable. Instead, density shall be calculated as follows: a. Density is determined through the following steps: i. Select the appropriate ratio to determine the land surface area that can be covered by structures from the following table: Public waters classes General development lakes-first tier(Nearshore Area) 0.125 General development lakes-second tier(Lakeview Area) 0.075 GD and RD-third tier(Forestview Area) 0.075 b. Multiply the area within each tier, excluding all wetlands,bluffs,and land below the ordinary high water level of public waters,by the ratio to yield the total land surface area that can be covered by structures in each tier. c. Allowable densities may be transferred from any tier to any other tier further from the shoreline of the lake or river,but must not be transferred to any other tier closer to the shoreline. Staff Findings: The following findings of fact were adopted in April of 2008 for the existing Conditional Use Permit and have been modified, as indicated, consistent with the proposed request. 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. Pequot Lakes Staff Report 4(c)-2 July 15,2010