Rezoning from Commercial Shoreline to Open Space, Wilderness Point Villas

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STAFF REPORT 1 Application: Rezoning from Commercial Shoreline to Open Space Applicant: Wilderness Point Villas,LLC Background Information: Wilderness Point Resort is located along the northern shore of Middle Cullen Lake. The property is current zoned Commercial Shoreline. As a condition on approval of the Wilderness Point PUD,the City placed the following condition: 18. As part of the final plat application, common space shall be rezoned to allow for resort operation but to limit future subdivision of the common space. Last month, the Planning Commission approved the Wilderness Point final plat application. This rezoning is one of the final steps in the final plat process for this development. Applicable Statutes: The purpose and intent of the Open Space Zone is to provide a zoning classification for the preservation of sensitive areas, unique resources, and designated non- developable property. Areas such as wetlands, bluffs, threatened and endangered species habitat,historic sites,and lands set aside as part of the development process should be zoned as open space. Section 5.1, Subdivision 7 outlines the criteria that should be considered when amending the official zoning map or establishing a zoning classification: A. Preservation of natural sensitive areas. B. Present ownership and development. C. Shoreland soil types and their engineering capabilities. �. D. Topographic characteristics. E. Vegetative cover. F. In-water physical characteristics. G. Recreational use of surface water. H. Road and service center accessibility. I. Socio economic development needs of the public. J. Availability of public sewer and water utilities. K. The necessity to reserve and restore certain areas having significant historical or ecological value. L. Conflicts between land uses and impacts of commercial uses or higher densities on adjacent properties. M. Alternatives available for desired land use. N. Prevention of spot zoning. 0. Conformance to the City of Pequot Lakes Comprehensive Plan. P. Conformance to the City of Pequot Lakes Future Land Use Map and any other official maps of the City. Staff Findings: The Staff provides the following findings for the Planning Commission's consideration: 1. The rezoning to Open Space is consistent with the City of Pequot Lakes Comprehensive Plan,which states as a policy that the City should protect and enhance natural resources and open space contributing to the character and vitality of Pequot Lakes. 2. The rezoning to Open Space is consistent with the purpose and intent of the Open Space classification,which states that lands set aside as part of the development process should be zoned Open Space. City of Pequot Lakes Staff Report 3-1 January 19,2006