03B - Conditional Use Permit - Wilderness Resort Villas

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Applicable Statutes: The applicable ordinances were quoted at length in the February staff report and are not included here. Findings of Fact: The following findings of fact are provided for your discussion in relation to this conditional use permit request. On the zoning&setbacks 1. The underlying zone is Waterfront Commercial. 2. The Waterfront Commercial district allows commercial PUD's with a conditional use permit. 3. The Commercial PUD is subject to all of the setback requirements of the underlying zone, in this case Waterfront Commercial. 4. All of the units are outside of the 75 foot shoreline setback. 5. All units meet the 30 foot bluff setback. 6. There is no defined minimum parcel size for Waterfront Commercial in the Ordinance. On the conditional use permit 1. There is no reason to believe that expansion on the Wilderness Resort, with vigorous conditions, would harm the health, safety, or welfare of the community. 2. Access to the resort is off of public right-of-way. 3. The PUD would continue to act as a resort. Although there will be some intensification of use, there will be no change in land use. The use will remaining compatible with the adjacent properties. 4. A Commercial PUD is a permitted conditional use within the Waterfront Commercial District. 5. The Comprehensive Plan specifically identifies Wilderness Resort as a recreational amenity of the City (page 64). One of the goals of the Comprehensive Plan is to "Maintain private resorts and facilities for public recreational use" (page 65). This proposal, with vigorous conditions to safeguard the environment and the water quality, is consistent with the objectives of the Comprehensive Plan. 6. On-site stormwater retention ponds will reduce sedimentation and nutrient loading of public waterways. 7. The site is largely covered by wooded areas and wetlands. The proposal will not significantly reduce the amount of wooded areas and will not impact the wetlands. 8. There are two bluff areas that have an existing road crossing them. Conditions to the development will deal with this situation. 9. There is increased erosion potential with the new construction, especially in areas near the top of the bluff. 10. The proposed improvements are needed to maintain the viability of Wilderness Resort. This has been the testimony of the applicant, which is not disputed. The proposed use is needed in the shoreland because it expands the existing facility, which is already located in the shoreland. 11. The amount of liquid waste generated has not been calculated, except to acknowledge that the treatment facility will exceed 10,000 gallons per day and therefore will need to be designed by a licensed engineer. There is adequate room available on the property for the construction of such a facility.