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Page 2 <br />The applicant is requesting PUD flexibility on the following: <br />Flexibility to allow a minimum shoreland setback of 49 feet, where 125 feet is required by <br />ordinance. <br />Flexibility to allow reduced parking space requirements for shared parking throughout the <br />PUD. The flexibility will allow 174 parking spaces, where 192 are required by ordinance. <br />Flexibility to allow parking side yard setback to be 4.3 feet, where 5 feet is required by <br />ordinance. <br />In exchange for this flexibility, the developer is: <br />• Exceeding the landscape ordinance requirements. <br />• Preservation of existing large trees on the property. <br />• Public trails along Egg Lake with trails easements to extend the trail to the north and south. <br />2. LEVEL OF DISCRETION IN DECISION -MAKING <br />The City has discretion in approving or denying rezoning applications, based on whether or not <br />the proposal meets the standards outlined in the Zoning Ordinance. If the City finds that all the <br />applicable standards are met, the rezoning application must be approved. However, if the City <br />finds that any of the applicable standards are not met, the application may be denied. <br />The City has relatively high level of discretion in approving a PUD. A PUD must be consistent <br />with the City's comprehensive plan. The City may impose reasonable requirements in a PUD not <br />otherwise required if the City deems it necessary to promote the general health, safety, and <br />welfare of the community. <br />The City's discretion in approving or denying a preliminary plat is limited to whether or not the <br />proposed plat meets the standards outlined in the subdivision regulations in the City Code. If it <br />meets these standards, the City must approve the preliminary plat. <br />The City's discretion in approving or denying a site plan is limited to whether or not the <br />proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If <br />it meets these standards, the City must then approve the site plan. <br />3. CONTEXT: <br />A. Surrounding Land Use and Zoning <br />The properties to the north is zoned Central Business (C-1) and Central Residential (CR-3) and is <br />and are occupied with single family homes. The property to the east is occupied by Egg Lake. <br />The property to the south is zoned Central Business (C-1) and is occupied by the Dominos Pizza <br />Building. The property to the west across Highway 61 is zoned Central Business (C-1) and is <br />E <br />