00-0472R

RESOLUTION DENYING A SPECIAL USE PERMIT AMENDMENT REQUEST BY MARK LAMBERT/SUMMIT MANAGEMENT FOR RENTAL TOWNHOUSE UNITS FOR BLOCK 2, LAKEVIEW DIVISION FIRST ADDITION (LAMBERT).

BY PRESIDENT GILBERT:

WHEREAS, the city council did, on November 1, 1975, approve Resolution No. 76-546 granting a community unit plan, subject to conditions, for "no more than 159 apartment units, all being located within Lots 1 through 3 of Block 2," Lakeview Division, First Addition, with Lot 4 of Block 2 being "limited to uses which are accessory to the apartment uses of Lots 1 through 3 but shall not be commercial uses, it being understood that said prohibitions of commercial uses shall not prohibit recreational facilities if they do not contain liquor or other such commercial sales establishments. Any building on said Lot 4 shall be approved by the city council prior to construction"; and

WHEREAS, Mark Lambert of Summit Management has submitted to the city council a request for an amendment to Resolution 76-546 to provide for up to 90 rental townhouse units, providing not more than 350 single occupancy bedrooms for student housing on property described as all of Block 2, Lakeview Division, First Addition, including the vacation of Lovers Lane. Said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its recommendation for denial to the city council; and

WHEREAS, the recommendation for denial was made because of the city planning commission's findings that safeguards did not exist to protect the adjacent city park or protect property values in the neighborhood.

NOW, THEREFORE, BE IT RESOLVED, that the city council affirms the planning commission's recommendation and denies the requested amendment based on the following findings:

(a) The requested amendment does not respect the intent of Resolution 76-546 with regard to the development of 159 market rate apartments;

(b) The proposed amendment presents a potential negative environmental impact on Chester Park;

(c) The proposed amendment does not meet the limitations of development on only Lots 1 through 3 of Block 2 of the plat.


STATEMENT OF PURPOSE: This resolution denies a special use permit amendment request by Mark Lambert/Summit Management to amend a Community Unit Plan Special Use permit issued November 1, 1975, as Resolution 76-546 (inserted below). The 1975 plan allowed for the development of 159 apartment units to be built on 1ots 1-3, Block 2, Lakeview Division First Addition. The requested amendment would allow for the construction of 90 apartment units (not to exceed 350 bedrooms for college students and 1 caretaker's residence) in 7 buildings on Lots 1, 2, 3, 4, Outlot B and vacated street totaling 10.7 acres.

The Planning Commission adopted this negative resolution, by a vote of 9-1, at its June 28, 2000 meeting, citing the following findings:

1. This in an inappropriate site for college student housing;

2. This proposal is a change from the intent of the existing resolution.

3. This proposal will have a negative environmental impact on the adjacent Chester Park.

4. This proposal is an abuse of the Community Unit Plan provisions of the zoning code.

This application was accepted on May 24, 2000. Deadline for action is July 23, 2000. The council can extend the review period by 60 days by motion of the council. Extension beyond 120 days require written consent of the applicant.

The planning staff had recommended conditional approval.

Resolution 76-546 granted a community unit plan special use permit subject to the following conditions:

1. The construction on this site is limited to the project as delineated in the preliminary plat drawing described as Public Document No. 65580, it being understood that said document limit residential development to no more than 159 apartment units, all being located within lots one through three of Block 2, and four single-family dwelling located as shown in Block 1. Lot 4 of block 2 shall be limited to uses which are accessory to the apartment uses of lots one through three but shall not be commercial uses, it being understood that said prohibitions of commercial uses shall not prohibit recreational facilities if they do not contain liquor or other such commercial sales establishments. Any building on said Lot 4 shall be approved by the City Council prior to construction.

2. The height of the apartment structures shall be limited as follows:

a. No part of any building shall exceed the highest elevation of land, within the boundaries of said preliminary plat.

b. Notwithstanding a. above, no part of any building on Lot 1, Block 2 shall exceed an elevation 25 feet lower than the highest point of land within any part of the preliminary plat.

c. Notwithstanding a. above, no part of any building on Lot 2, Block 2 shall not exceed an elevation 10' lower than the highest point of land within said preliminary plat.

3. A 300 foot long dense evergreen planing screen be provided in the area of 12th Avenue East. Such planting screen shall consist of two rows of pine or spruce trees having a minimum height of six feet at time of planting, such rows being centered 20 feet apart with trees in each row no more than 15 feet apart. Such planting screen shall be installed prior to occupancy of any apartment unit within the property and shall be continuously maintained.

4. That prior to the issuance of any building permit for construction of said property the ownership of land described in Public Document No. 65580 as "Reserved for Public Park" shall have been conveyed through proper instruments to the City of Duluth, such conveyance to be subject to continued public park use with a specific title restriction to prohibit through traffic across said par. Such restriction shall be so written as to not provide for reversion for non-compliance but to permit District Court action for enforcement.

5. That prior to the issuance of any building permit for construction on said property the Director of the City of Duluth Department of Planning and Development shall have certified in writing that the following has been accomplished:

a. That condition #d above has been complied with.

b. The City Planning Commission shall have reviewed and approved detailed elevation, site, landscaping, and road construction drawing to assure that the development character and limitations specified in this resolution and Public Document No. 65580 have been fulfilled. In addition to such drawing, certified survey information shall be submitted to assure compliance with the building height restriction of this special use permit.

c. That a covenant running with the land has been filed with property title to this land assuring that the use of the land as delineated by and limited in this resolution will not be expanded in the future. Re: Planning Commission File No. 1-75152