3A - Conditional Use Application Wilderness Resort Villas

Home Browse Search

G. Requiring berming, fencing screening, landscaping or other facilities to protect adjacent or nearby property. H. Designating sites for open space. The intent and purpose of Section 17-5.11, Shoreline Commercial, is to establish and — maintain a land use district for existing commercial, recreationally orientated uses within the shoreland area comprised of campgrounds,resorts,bars restaurants,marinas and similar water oriented uses with independent sanitary facilities and that are compatible with the natural resources of lakes and streams. Any use proposed in a PUD must be a permitted use in the underlying zone,which is the Shoreline Commercial District in this case. According to the Land Use and Subdivision Regulations Ordinance (Section 17-5.11), the Shoreline Commercial District allows for commercial uses that are compatible with waterfront use. All uses allowed in the Shoreline Commercial District require a Conditional Use Permit. A list of allowed uses can be found in Section 17-5.15 of the Pequot Lakes Land Use and Subdivision —' Regulations Ordinance. Subdivision 4, Performance Standards, lists standards required in the Shoreline Commercial Zoning District: A. Screening. Screening consisting of native trees and shrubs covering a minimum of 75 percent of the area (leaf on conditions) is required in the 50 — foot lake,river,stream,wetland,and bluff buffers in order to retain the scenic beauty and rural character as viewed from roads. To obtain a construction permit in this district, a revegetation plan shall be required for existing — properties that do not meet this standard B. Buildings. Four unit or larger buildings or buildings open to the public shall be designed by a registered architect and shall meet the provisions of the State Building Code. C. Centralization of Mooring Facilities. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the — need. Staff Findings:The Staff provides the following findings of fact for consideration: — 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. '1 Pequot Lakes Staff Report 3(a)"4 April i7,2008