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10. The applicant shall apply for a stormwater NPDES permit. The City will be <br /> copied with this application. <br /> 11. The applicant shall be allowed 40 moorings. No more than 20 moorings shall be <br /> eligible for a shore station or other type of covering or canopy. <br /> 12. The road in the bluff and shoreline setback shall be removed and re-vegetated. <br /> An 8-foot wide walking trail may replace the road;however, all automobile traffic <br /> shall be banned. The walking trail shall be constructed with pervious materials. <br /> 13. All buildings scheduled for removal shall be removed within 36 months of this <br /> approval. There shall never be more than 22 units in the first tier. <br /> 14. The applicant shall be responsible for all expenses that the City incurs in <br /> administering these provisions. The applicant will be billed for the charges of the <br /> City Attorney, City Engineer, City Planner and any other staff member or special <br /> consultant whose expertise is needed to administer these provisions. Invoices <br /> shall be paid within 30 days of receipt. Charges may be disputed by appealing in <br /> writing to the City Council within 20 days of receipt. <br /> 15. The existing Conditional Use Permit is null and void. <br /> 16. Boat lifts and canopies shall be of dark earth tone colors, such as dark green. <br /> 17. The beach shall remain in its existing location and the beach and picnic area <br /> shown on the site plan shall remain natural. <br /> 18. As part of the final plat application, common space shall be rezoned to allow for <br /> resort operation but to limit future subdivision of the common space. <br /> Roll Call Vote: B. Habein: Aye;D. Williams: Nay;T. Adams: Aye;M. Hallan: Aye; <br /> J. Derksen: Nay. Motion carried. <br /> APPLICANT: Wilderness Point Resort, LLC. <br /> Applicant requests a Preliminary Plat for a planned unit development in the Waterfront <br /> Commercial zone. <br /> Mr. Marohn explained the Staff Report. This property is still being developed as a <br /> Common Interest Community and the documents previously submitted have not changed. <br /> Road standards were discussed. Applicant will provide road design. The parcel rezoned <br /> from Residential to Waterfront Commercial at the February meeting is now a separate <br /> parcel,but will be consolidated. The third sentence of finding of fact#7 should be <br /> removed. Mr. Miller stated that the ground and the structure would be sold. <br /> A motion was made by Mark Hallan, seconded by Tom Adams,to recommend approval <br /> of the Preliminary Plat, based on the following findings of fact, as modified: <br /> 1. The property is zoned waterfront commercial. <br /> 2. The plat creates 45 commercial units plus the one remnant lot. <br /> 3. As a PUD, lot size dimensions are not factored in. Instead, overall density <br /> and density by tier is considered. This proposal meets the required density, which <br /> was considered under the PUD application. <br /> Planning Commission 8 <br /> March 17, 2005 <br />