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, additional information has been presented to the city council addressing the suitability of the proposed amendment; and

WHEREAS, the city council finds that safeguards do exist to protect the comprehensive plan and property values in the neighborhood;

NOW, THEREFORE, BE IT RESOLVED, that the city council overrules the planning commission's recommendation and grants the requested amendment subject to the following terms and conditions:

(a) That the development of Block 2, Lakeview Division, First Addition, be limited to not more than 350 single occupancy bedrooms and one caretaker's residence as outlined in plans identified as Public Document No. _______________, with the condition that the parking areas and buildings be setback 25 feet from the park boundaries;

(b) That all rental agreements, management lease agreements, development agreements or any other agreements between permittees hereunder and any third party specifically include the restrictions and limitations herein contained for the exercise and use of the permit granted hereunder;

(c) That all such agreements specifically prohibit the use of roadways outside of Block 2, Lakeview Division, First Addition, as a means of ingress and egress or for parking by residents of the project in said Block 2, and provide for punitive measures in the event such prohibition is violated and that all residents of the project shall display vehicle permits for identification and enforcement purposes;

(d) That all such agreements specifically mandate compliance with city of Duluth regulations as they relate to uses of Chester Park as well as suggested cooperative offerings as outlined in Summit Management letter to Thom Storm dated June 19, 2000;

(e) The following improvements shall be provided prior to the issuance of any building, grading or other construction permits:

(1) Plans for water and sanitary sewer connections shall be approved by the city's engineering division, water and gas department and fire department, as is appropriate and shall be installed in accordance with such plans;

(2) National pollution discharge system permits (Minnesota pollution control agency) for the project be secured and implemented prior to any work;

(3) Street improvement designs and construction, including a Kenwood Avenue access be approved by the city engineer for compliance with city standards;

(4) Storm drainage designs and construction be approved by the city engineer for the entire development within said Block 2. Further, that conditions #3, #4 and #5 of Resolution No. 76-546 be repealed upon the issuance of a certificate of occupancy for all units within this community unit plan project;

(f) The buffers, except the 100 foot setback from the north boundary established in the original community unit plan, shall be preserved.
This action is based upon the following findings:
(a) There exists a shortage of student housing in the city of Duluth;

(b) This shortage increases demand on existing available housing for low income residents of the city resulting in higher rental rates;

(c) The site is currently approved for apartment housing with an estimated population of 570;

(d) The amendment would limit the maximum population to 350 students and decrease the estimated vehicle trips from 3,763 contained in the original plan to 3,195 in the proposed amendment;

(e) The requested amendment is consistent with the development intent of Resolution 76-546 with regard to the development of 159 apartment units;

(f) The proposed amendment allows for a reasonable use and is consistent with surrounding development;

(g) With the following conditions, the proposed amendment does provide adequate protection for the neighborhood.

STATEMENT OF PURPOSE: This resolution grants 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. The 1975 plan allowed for the development of 159 apartment units to be built on Lots 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.