07-0404R


RESOLUTION DENYING A C-5 PLAN TO GOLF PROPERTIES II, LLC, FOR PROPERTY LOCATED ON MAPLE GROVE ROAD.

BY COUNCILOR STAUBER:

     RESOLVED, that the council hereby affirms the planning commission action of May 23, 2007, denying approval of a C-5 plan to allow construction of a 14,510 square foot, two story commercial building, parking and stormwater ponds on property located on Maple Grove Road and legally described as follows:

           N1/2 of the NW1/4 of the NW1/4 of the NW1/4, Section 19, Twp 19N, Rng 14W, except the west 548.35 feet.

     RESOLVED FURTHER, that the council finds the following facts supports its action:

     (a)  Duluth City Code Section 50-137 provides in relevant part that the C-5 planned commercial district is established in order to ensure orderly and attractive commercial growth in areas of the city which exhibit sensitive environmental problems, traffic congestion or other characteristics of urban sprawl;

     (b)  Duluth City Code Section 50-137 further provides that in order to accomplish the objective of the C-5 district design review in such areas is necessary in order to minimize blighting influences, reduce adverse effects of development on the natural environment, enhance the visual and aesthetic quality of development, and ensure the provision of adequate and cost efficient public facilities;

     (c)  Duluth City Code Section 50-140(a) provides in relevant part that the city council may deny approval if the required findings of Section 50-141 of the code cannot be met;

     (d)  The plan submitted by the applicant fails to meet the following standards of Chapter 50, Article XXIII.

           [to be identified by city council]


STATEMENT OF PURPOSE:  This matter is before city council upon the applicant’s appeal of the planning commission’s denial of its C-5 plan. The council has appellate jurisdiction pursuant to Duluth City Code § 50-140(c). This resolution affirms the action of the planning commission and requires council to identify the facts supporting the denial.


The action deadline is June 13, 2007.