3C - Rezoning from Forest Management to Commercial

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In June of 2001,NWT LP approached the City of Pequot Lakes to discuss annexation. A petition was made for this property and some other neighboring properties to be annexed into the City. In October of 2001, the property was annexed to the City of Pequot Lakes. No zoning classification was established, although the minutes of the meeting indicate that the parties wished it to be zoned Commercial. The annexation ended the Township's enforcement action on the clearing violation. This event was a catalyst for discussions between the Township and the City regarding a merger of the two entities. That merger took place in mid-2o02. At the time of the merger,the City of Pequot Lakes agreed to adopt the land use controls of Sibley Township. Those controls, specifically the zoning map,showed the property in question as being zoned Forestry. In late 2002, NWT LP made an application for a commercial development on this property. After months of discussion,the application was approved with the following conditions: 1. Prior to the final plat application and within sixty days,the City shall hold a public hearing to formally establish the zoning classification. The applicant or applicant's representatives shall submit written findings to support a commercial zoning classification on this property. 2. A stormwater plan,reviewed by the City Engineer and acceptable to the Planning Commission,shall be completed prior to submission of a final plat application. The plan shall accommodate the loo-year,24-hour storm event on the property for a build-out condition and shall accommodate the flow of stormwater that currently exists from adjacent properties under the same conditions. 3. Prior to final plat application,the applicant shall provide written documentation of Mn/DOT's acceptance of the proposed highway access. The written documentation shall indicate any conditions Mn/DOT has made on their acceptance. 4. The Planning Commission shall approve a road grading and construction plan prior to submission of a final plat application. The road grading and construction plan shall detail the following: a. Grade of proposed internal roads, b. Cross section of proposed internal roads, c. Areas of cut and fill necessary to accommodate the road construction,and d. Grading limits. The plan shall include signed temporary construction easements from adjacent impacted properties. Commission approval shall only be after a report has been received from the City Engineer and City Road Maintenance Department indicating that their concerns have been addressed. 5. The applicant shall provide covenants to be recorded that prohibit disturbance of areas with slopes equal to or greater than 15%. The covenants shall name the City as a parry to the covenants and shall allow action to be taken to enforce the covenants by any individual parry. The covenants shall be reviewed by the City Attorney and must be accepted by the Planning Commission prior to final plat approval. 6. Prior to final plat approval,the applicant shall delineate the buildable area on each lot. As part of the final plat application,the applicant shall provide the City with a separate 11x17 drawing for each lot indicating which parts exceed 15%slope and which areas are able to be disturbed under Condition 5. These drawings must be in a condition suitable for future field reference acceptable to the Planning and Zoning Administrator. Prior to final plat approval,those areas that are able to be disturbed under Condition 5 shall be marked and flagged with temporary staking. The staking shall remain in place at least until the property is transferred to another owner. 7. Prior to additional grading on the site,the applicant shall secure an NPDES permit. A current copy of the permit shall be filed with the Zoning Office during all phases of City of Pequot Lakes Staff Report 3-2 June 15,2006