07.07 - Reconsider Request to Rezone Property from Forest Management to Commercial by Dan Couture

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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 the road project. Also prior to additional grading on the site,the applicant shall also submit a temporary vegetation/stabilization plan that addresses ongoing erosion concerns in a manner acceptable to the Planning Commission. At the March 20, 2003 Planning Commission meeting, the Commission recommended that the zoning of the property be clarified to be Commercial. This recommendation,which was adopted by the Council,was based on the following findings: 1. On July 12, 2001, the applicants, NWT LP and Chris Swenson petitioned to have the described property annexed to Pequot Lakes for anticipated commercial development. 2. On July 13, 2oo1, applicant met with representatives of the Pequot Lakes Planning Commission, City Council and staff. The commercial aspects of this project were discussed along with procedures. 3. On July 17, 2001, the Pequot Lakes City Council met and accepted the petitions for annexation. 4. On July 17, 2001, the Pequot Lakes Planning Commission met and passed a resolution recommending annexation of the described property and specifically resolved that it be zoned commercial. 5. A written notice of a hearing was sent to fourteen adjacent landowners; and a notice of public hearing and scheduled council action of the annexation and intention of zoning commercial were made a matter of public knowledge as well as public record from July to October 2001,which altogether constituted substantial compliance as to notice requirements. 6. On October 2, 2001, the Pequot Lakes City Council conducted a public hearing and thereafter moved and voted unanimously to annex the described property and zone it commercial. 7. No interested party made any objection to the annexation nor to the zoning commercial at the public hearing, and no party raised objection for any reason during the City Council proceedings and no party raised objection or attempted appeal at any time during the applicable appeal periods thereafter. 8. Conclusion: The described property in question is zoned Commercial. The City of Pequot Lakes commenced a comprehensive planning process to integrate the planning documents and controls of the township and city into one document. The process included an extensive land use evaluation and culminated in the creation of an integrated growth plan. This document was adopted in August of 2004. The Comprehensive Plan designated commercial growth areas, but indicated that the future land use of the NWT LP property should be Forest Management. An application for a preliminary plat of this property was made in August of 2004 by Stellar Properties, LLC. The applicant was on the September and October Planning Commission agendas. Given the recommendation for denial contained in the Staff s reports and discussion by the Planning Commission unfavorable to the approach, at the October meeting the 14084 Baxter Drive, Suite 7 Baxter, MN 56425 (218) 828-3064 www.communitygrowth.com