Conditional Use Permit for Tall Timbers, Pederson

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STAFF REPORT Application: Conditional Use Permit for Tall Timbers Applicant: Scott Pederson Background: The Pederson property is located on the north shore of Sibley Lake on CSAH 17 and is currently zoned Shoreline Commercial. The property is about 15.3 acres in size and currently contains provisions for seasonal camping uses along with two existing dwelling units. The applicant is proposing to build thirteen new rental units and maintain two owner-occupied units. The applicant has proposed a clustered septic system to serve the development, in addition to a walking/hiking trail across the property.A conditional use permit application for a Planned Unit Development (PUD) establishes the concept and the mechanisms for how the development will operate in the future. Applicable Statutes:Any land use proposed in a planned unit development(PUD) must be a use permitted within the underlying zoning district, which is Shoreline Commercial (SC). The intent of the SC district 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. The Ordinance defines a Planned Unit Development (PUD) as a land use characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel,whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common green space, density increases, and mix of structure types and land uses. The definition of a PUD does not include a duplex where specifically allowed in a zoning district on a single parcel of land. Section 8.3, Subdivision 3 details the design criteria for all PUDs and includes the following proviions: A. Minimum Size. A planned unit developments shall contain a minimum of three units or sites. B. Buffer. A 50400t vegetative buffer will be maintained or established along the boundary of the PUD. There shall be no units or impervious coverage within this buffer with the exception of access roads or utilities. The buffer will serve to screen the adjacent parcels and the lake, where applicable, from the units within the PUD. The screening will contain both low growing(e.g.brush) and high growing(e.g.trees)vegetation. Adjacent parcels and the lake, where applicable, shall be a minimum of 50% screened, as measured by the Planning and Zoning Administrator, from the adjacent parcel or the lake during leaf-on conditions. An earthen berm may be used where, in the opinion of the Planning Commission, the existing vegetation cannot be enhanced to meet the 50% screening criteria. Use of a berm shall not preclude the maintaining of a 50-foot buffer or the installation of screening as part of the berm. C. Open Space. At least 25%of the total project area must be preserved in open space. i. Open space shall be left in its natural state and shall be contiguous. ii. Dwelling units or sites, road right-of-way, land covered by road surfaces, parking areas, stormwater basins, collection and treatment areas, structures and landscaped areas which are routinely maintained are developed areas and shall not be included in the computation of minimum open space. iii. Areas with physical characteristics unsuitable for development in their natural City of Pequot Lakes Staff Report 7-1 March 16,2oo6