4 - Rezoning from Forest Management to Commercial (continued), Coutore, Stellar Properties of MN

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STAFF REPORT Application: Rezoning from Forest Management to Commercial(C) Parcel# 290034400AB0009 Applicant: Dan Couture,Stellar Properties of Minnesota, LLC Background: This is a continuation from the July. Refer to correspondence between Landecker and Associates and your Staff as part of your review of this report. As of the preparation of this report, there was no direction provided by the City Attorney in response to the correspondence concerning this property. If any guidance is received from the City Attorney,we will forward it to you as soon as possible. Please refer to the July report for background information in reference to this request. Staff Findings: The Staff provides the following findings of fact for consideration by the Planning Commission: 1. The rezoning to Commercial is not consistent with the City's Comprehensive Plan and Future Land Use Map, which designates this area as a forest preservation area. At the time the Future Land Use Map was created, this parcel was a part of the surrounding properties, which were owned by a forestry company and were more than 50% wooded as a whole. 2. The parcel is bordered to the south by property zoned Agriculture and is otherwise entirely surrounded by properties zoned Forest Management. 3. Rezoning the property to Commercial would constitute spot zoning as there are not any other properties in the immediate vicinity of that, or a similar, zoning classification, and opportunities would be made available to this particular landowner that are not present on the adjoining properties. 4. The property does not meet the compatibility requirements for the Commercial zone, which cannot be established in an area where it is completely surrounded by residential zones. 5. The area of the property, 20 acres, meets the minimum lot area for both the Commercial and Forest Management zones. 6. Rezoning to Commercial would be inconsistent with the immediate surrounding land uses,which are of a low density,rural character. Planning Commission Direction: The Planning Commission can recommend that the City Council approve,deny,or table this rezoning. Staff Recommendation: Based on an evaluation of the land use characteristics and the findings of fact presented herein,there is no way that the Staff can recommend approval of the Commercial zone. The rezoning to Commercial at this time does not meet the basic requirements of the Ordinance and is not consistent with the City's Comprehensive Plan. Rezoning to Commercial would constitute spot zoning and leap-frog development, a development pattern that the City has sought to avoid. City of Pequot Lakes Staff Report 4-1 August 17,2006