05-0094R


RESOLUTION GRANTING A SECTION 50-38 SPECIAL USE PERMIT TO MARK LAMBERT OF SUMMIT MANAGEMENT, LLC, FOR CAMPUS PARK II, A COMMON INTEREST COMMUNITY DEVELOPMENT ON 31 ACRES, LOCATED NORTH OF DAVIS STREET, EAST OF CONNECTICUT AVENUE AND SOUTHWEST OF RICE LAKE ROAD.

BY COUNCILOR GILBERT:

     WHEREAS, Mark Lambert of Summit Management, LLC, has submitted to the city council, a Section 50-38 special use permit request for a common interest community development on 31 acres of property legally described as follows:

     (a)  In Clague and Prindle's Addition to Duluth: all of Blocks 2, 3, 4 and those parts of Blocks 5 and 6 lying southwest of Rice Lake Road, including those parts of dedicated unbuilt streets and alleys lying adjacent thereto; and

     (b)  In Triggs and Kennedy’s Addition to Duluth: those parts of Blocks 38, 39, 42, 43, 44 and 45 lying southwest of Rice Lake Road, including those parts of dedicated unbuilt streets and alleys lying adjacent thereto; and

     WHEREAS, said permit application was duly referred to the city planning commission for a study, report and public hearing held during the regular meeting on Wednesday, January 26, 2005, and the commission has subsequently reported its recommendation of conditional approval to the city council; and

     WHEREAS, the city council finds that the conditions contained in this resolution address the shortcomings identified by the city planning commission's findings of inadequacies in the submitted documents and that with the conditions contained herein, appropriate safeguards will exist to protect the comprehensive plan and to conserve and protect property values in the neighborhood if said conditions are observed (reference Planning Commission File No. 05002);

     NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Mark Lambert and Summit Management, LLC, for a common interest community development of 20 residential buildings (in four styles), an office and recreation building, and a maintenance building on 31 acres of property located north of Davis Street, east of Connecticut Avenue and southwest of Rice Lake Road, with the following terms and conditions:

     (a)  That the project be limited to, developed, and maintained according to plans submitted by RLK Kuusisto Ltd., entitled, Preliminary Plans for Campus Park II, dated December 29, 2004, together with amendments submitted through January 26, 2005, and identified as Public Document No. ________;

     (b)  That the director of the department of planning and development be allowed to approve the replacement of any building type A or B with a building type C if soil or topography conditions make that building type more feasible;

     (c)  That a street easement meeting the city engineer’s specifications be dedicated to the public for the extension of Hickory Street from Blackman Avenue to Rice Lake Road;

     (d)  That the project secure necessary building, grading, erosion control and stormwater management permits from the city and Minnesota pollution control agency;

     (e)  That a procedure for the maintenance and monitoring of the stormwater ponds shown on the site plans be approved by the city engineer;

     (f)  That at all times during the construction of the project there shall be no net increase in storm water runoff from a pre-development condition;

     (g)  That a sidewalk be added along the main roadway through the project from Hickory Street to Rice Lake Road;

     (h)  That refuse collection areas be screened on three sides by opaque fences at least six feet in height;

     (i)  That building mounted lighting on all buildings specified on architectural plans have flat lens and be downcast or angled only slightly outward. The source of lights shall be hooded or controlled in some manner as not to light adjacent properties and to reduce general light pollution;

     (j)  That in Phase II, the stormwater pipe connecting the catch basin in the cul-de-sac to Pond #5 be relocated to the street or near the rear of the building to avoid impacting the natural vegetation along Rice Lake Road.


STATEMENT OF PURPOSE:  This resolution grants a Section 50-38 special use permit for Campus Park II, a common interest community plat of 20 residential buildings (in four styles), an office/recreation building, and a maintenance building. The first phase (16 acres) calls for a campus/student housing development to support the College of St. Scholastica and University of Minnesota; ideally, the development would be ready for occupancy in the fall of 2005.


This resolution is accompanied by a companion resolution for a vacation petition (Resolution 05-0095).


The planning commission unanimously approved the vacation petition and special use permit request at the regular meeting held Wednesday, January 26, 2005. The commissioners based their recommendation for the special use permit on the finding that the proposed project would not result in a random pattern of development causing negative fiscal or environmental impacts. Townhouse and apartment land uses are generally best planned for areas that have good transportation access, adequate utility infrastructure, and are centrally located in the community to allow for convenient access to goods and services. Other factors to consider are the natural features of the site and the surrounding land uses. This site meets these criteria.


When all phases of this project are constructed (approximately six years), the city assessor estimates that the property will yield $345,400 in property tax revenues, $72,000 of which will accrue to the city of Duluth.


Petition received:

December 29, 2004

Petition certified:

January 11, 2005

Action date for special use permit:

April 27, 2005

 

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