12/16/1996 Council Packet - Laserfiche WebLink

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For various reasons, the applicant is proposing only to construct the two twelve -unit buildings in the southern portion of the site as Phase II. The five -unit structure along the western border of the site has been omitted from the project. As stipulated in staffs 23 June 1995 planning report, Phase II development needs to be processed in accordance with the City's new shoreland regulations. Planned Development Overlay Definition. According to Section 1102.13, Subd. 2. of the City's shoreland regulations, planned development overlays (including residential planned development overlays) must be processed as a conditional use permit. The Ordinance defines a "residential planned development overlay" as: A use where the nature of residency is non -transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time -shore condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned development overlays. To qualify as a residential planned development overlay, a development must contain at least five dwelling units or sites. Conditional Use Permit Evaluation Criteria. According to Section 5, Subd. 5 of the Zoning Ordinance, the Design Review Board shall recommend and the Council shall order the issuance of such permit only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and this Ordinance. C. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 3