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OMMUNITYGROWTH Cloy of I N S T I T U T E equot E2,tk-t4s itt i1ttall Touw Planning 6 declaration meet the requirements of Minnesota law and the City code. He has provided comments,including the following recommendations and/or concerns: a. Any conditions of approval for the plat should be incorporated by reference into the developer documents. b. There could be more specific references in the documents to fulfill the requirement that common areas, open space, shore impact zone and bluff zones are maintained. c. Any amendment to an existing declaration should refer to the recorded declaration document number. d. Mr. Sandelin has concerns regarding the transfer of property to the City for a road as part of a lot split for property that was owned by the resort in exchange for the resort identifying an easement for access to the resort which will serve as an easement for adjoining properties. Mr. Sandelin is still reviewing these documents. 4. The City Attorney has reviewed the rental contract and association contracts. Mr. Sandelin has stated the sale and maintenance of storage units are addressed sufficiently in the documents. 5. The City Engineer has reviewed the sewage treatment design plan. Mr. Houle has not stated any concerns. The sewage treatment facilities are not going to be constructed or maintained by the City. 6. The applicant has submitted an updated vegetation enhancement plan. The updated plan indicates preservation of all areas within the shore impact zone outside the beach and picnic area, all areas within the designated bluff, and all wetlands and areas within 50 feet of delineated wetlands. 7. There has been additional screening indicated between units 7, 8,41,and 45, and the adjacent residential property. This was reviewed by the Planning Commission in May. 8. There has been additional screening indicated between the proposed storage unit and the adjacent residential and DNR owned property. This was reviewed by the Planning Commission in May. 9. The vegetation plan indicates specie type and density. io. The vegetation plan specifies an implementation schedule. ii. Wilderness Resort has submitted an application for the rezoning of open space and shoreline commercial. 12. There are outstanding items that remain to be worked out between the applicant and the City Attorney. 13. The Final Plat has been prepared in agreement with the preliminary plat. 14. The title work has been provided and is being reviewed by the City Attorney. 15. No financial security is required because all improvements are being constructed and maintained privately and not by the City. 16. An independent survey review has not been completed. Planning Commission Direction: The Planning Commission should develop findings to recommend approval of the final plat. In general, the Commission cannot deny a final plat unless the applicant will not or cannot meet the final platting requirements or the conditions of the preliminary plat approval.The Commission cannot impose additional conditions that do not fall directly within the guidelines of the final plat or relate directly to conditions imposed in the preliminary plat. The Commission also has the option to table the final plat to obtain additional information. Pequot Lakes Staff Report 3(a)-4 June i9,2oo8