04 - Staff Report - Conditional Use Permit Wilderness Resort Villas

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Planning Commission Direction: The Commission can recommend approval of the conditional use permit,recommend denial, or table the request if additional information is needed. If the recommendation is for approval or denial, findings of fact should be cited. Staff Recommendation: There are a number of items(stormwater plans, erosion control plans, sewage treatment designs, association documents)that are essential to the operation of the PUD, but have not been submitted. The applicant has indicated,and the Staff concurs,that these engineering issues can be dealt with as conditions, so long as there is an understanding that the application will not proceed further until those items are completed. To elaborate, for example,there is no question that a plan can be developed that controls erosion on the site. That plan needs to be submitted and approved before the platting can be completed and before any construction can take place. The exact configuration of the erosion control plan will have no impact on the central questions of this application, namely if the expansion of the resort will be allowed, at what densities and within what parameters. We do not recommend that the Planning Commission cede any review or approval authority. Based on the findings of fact, your Staff recommends that the Conditional Use Permit for a Planned Unit Development be approved based on the findings of fact contained in this report and subject to the following conditions: Conditions: 1. Prior to submission of a final plat application,the following shall occur: a. The applicant shall submit a stormwater management/erosion control plan that handles the 100-year, 24-hour storm event in perpetuity. b. The stormwater management/erosion control plan shall be reviewed by the Planning Commission. The plan will be revised as directed by the Planning Commission. c. Following review and revision as directed by the Planning Commission, the stormwater management/erosion control plan shall be accepted by the Planning Commission and then become a controlling document for the development. 2. A site inspection by the City Staff of all erosion control devices shall occur prior to any construction on the site. The City shall be given seven days notice of when the inspection is requested. 3. Prior to submission of a final plat application,the following shall occur: a. The applicant shall submit the rental contract and association contracts to the City Attorney for review and approval. The documents shall address the following, at a minimum: i. Mechanism for maintenance of common areas. ii. Mechanism for maintenance of open space areas. February Staff Report Page 16