Laserfiche WebLink
STAFF REPORT <br /> Application: Rezoning from Residential to Waterfront Commercial zone. <br /> Applicant: Wilderness Point Resort, LLC <br /> Background: Wilderness Point Resort is proposing to expand their existing resort, on <br /> the northern shore of Middle Cullen Lake in the Waterfront Commercial Zoning District. <br /> The application is in three parts. <br /> The first part is a request to rezone a portion of property adjacent to the current resort <br /> from Residential to Waterfront Commercial. The other reports review the conditional use <br /> permit for the planned unit development and preliminary plat application. The <br /> conditional use permit and the preliminary plat are contingent upon approval of the <br /> rezoning application. <br /> Applicable Statutes: Ordinances applicable to this application are listed below, drawn <br /> directly from the Pequot Lakes Land Use Ordinance. <br /> State statutes require a 4/5ths majority of the Council is required to rezone a property. As <br /> with all rezoning applications we have considered, there are three questions that must be <br /> answered: <br /> 1. Is the parcel zoned correctly? <br /> 2. If the parcel is zoned incorrectly, what would be the correct zoning classification <br /> for this parcel? <br /> 3. How does the rezoning application relate to the Future Land Use map adopted <br /> with the Comprehensive Plan? <br /> A rezoning would establish a new classification for the parcel. All permitted and <br /> conditional uses would be allowed within whatever zoning classification is assigned. <br /> From the current Ordinance, Waterfront Commercial allows for commercial uses that are <br /> compatible with waterfront use. It also allows for multi-family dwellings. The <br /> Residential district, which is taken from the current zoning map, does not have an official <br /> definition in the current Land Use Ordinance. <br /> Findings of Fact: The following findings of fact are provided for your discussion in <br /> relation to this conditional use permit request. <br /> 1. The property is not zoned correctly as the Residential zoning classification does <br /> not exist in the Ordinance. <br /> 2. The future land use map indicates a Forest Preservation usage for this property. <br /> The current Forestry zoning classification calls for a 10 acre minimum lot size. <br /> The subject parcel is just slightly larger than one acre. A rezoning to Forestry <br /> would create a non-conforming lot. <br /> February Staff Report Page 3 <br />