5A - Amendment to Conditional Use Application to allow Additional Villas

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General development lakes-second tier(Lakeview Area) 0.075 GD and RD-third tier(Forestview Area) o.o75 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 20o8 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. 1o. 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. ii. 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. Pequot Lakes Staff Report 5(a)-2 August 19,2010