4A - Rezoning of Portion of Property from Shoreline Commercial to Open Space

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K. The necessity to reserve and restore certain areas having significant historical or ecological value. �- L. Conflicts between land uses and impacts of commercial uses or higher densities on adjacent properties. M. Alternatives available for desired land use. N. Prevention of spot zoning. O. Conformance to the City of Pequot Lakes Comprehensive Plan. P. Conformance to the City of Pequot Lakes Future Land Use Map and any other official maps of the City. Section 5.2 of the ordinance contains the requirements for the Open Space(OS) zone: 1. Purpose and Intent:To provide a zoning classification for preservation of sensitive areas, unique resources and designated non-developable property.Areas such as wetlands, bluffs,threatened and endangered species habitat,historic sites and lands set-aside as part the development process should be zoned as Open Space. 2. Compatibility: Open Space zone is compatible with every other zoning classification and any property that meets the purpose of intent of this zoning classification may be zoned Open Space. 3. Lot, Use and Density Requirements. There is no minimum lot size associated with the Open Space zoning classification. Setbacks established for the adjacent zoning district shall apply. 4. Mixed Zone Lots. For a lot crossing an Open Space zoning boundary into another zoning classification, the minimum buildable lot area shall be the same as the non-open space zoning classification with no area credit given for areas zoned Open Space. Findings of Fact: Staff offers the following findings of fact for consideration of the Planning Commission: 1. The areas of the property to be rezoned from Shoreline Commercial to Open Space are consistent with the City's Comprehensive Plan and Future Land Use Map. 2. The areas to be rezoned to Open Space are common space areas that have been put aside as part of the development process to be designated as Open Space. 3. Open Space is compatible with every other zoning classification and this property meets the purpose and intent of the ordinance. 4. There is no minimum lot size associated with the Open Space district,the setbacks of the Shoreline Commercial zoning district shall apply, as the remaining property is zoned Shoreline Commercial. 5. Open Space can not be included as buildable lot area on this property. Planning Commission Direction: The Planning Commission can recommend that the City Council approve,deny,or table this rezoning. Staff Recommendation: Based on the findings of fact presented in this report, Staff recommends that the portion of the property designated in the final plat as common space be rezoned to Open Space. City of Pequot Lakes Staff Report 3 January,2008