07-0626R


RESOLUTION GRANTING MARK LAMBERT, SUMMIT MANAGEMENT, LLC, THE SECOND AMENDMENT TO A SECTION 50-38 SPECIAL USE PERMIT, ORIGINALLY APPROVED FEBRUARY 14, 2005 (RESOLUTION 05-0094), FOR PHASE III OF BOULDER RIDGE APARTMENTS, ON THE SOUTHWEST SIDE OF RICE LAKE ROAD BETWEEN PECAN AVENUE AND HICKORY STREET.

BY COUNCILOR STAUBER:

     RESOLVED, that the city council finds the following:

     (a)  The city council adopted Resolution 05-0094 on February 14, 2005, 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 near Rice Lake Road and Blackman Avenue;

     (b)  The city council adopted Resolution 05-0481 on July 11, 2005, granting an amendment to the previously approved Section 50-38 special use permit; and

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

           (1)  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;

           (2)  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, and that part of Lots 10, 12, 14 and 16, Block 41 lying southeast of the northeasterly extension of Hickory Street to intersect with Rice Lake Road at Chinook Drive, including those parts of dedicated unbuilt streets and alleys lying adjacent thereto; and

           (3)  In Benson Heights Addition to Duluth, Lots 5, 6, and Outlot;

     (d)  Said permit application was duly referred to the city planning commission for a study, report, and public hearing held during their regular meeting on September 11, 2007, and the commission has subsequently reported its recommendation of conditional approval to the city council;

     (e)  The applicant’s compliance with conditions set out in this permitting resolution will remedy any shortcomings identified by the city planning commission's findings of inadequacies in the submitted documents and that compliance with the conditions contained herein, will adequately protect the comprehensive plan and conserve and protect property values in the neighborhood and comply with City Code Section 50-32 (reference Planning Commission File No. 07095);

     (f)  That an amendment to the previously approved amended special use permit is hereby granted to Mark Lambert and Summit Management, LLC, for a common interest community development of apartments and townhouses, a recreation building, and a maintenance building on 31 acres of property located on the southwest side of Rice Lake Road between Pecan Avenue and Hickory Street, with the following terms and conditions:

           (1)  That the project be limited to, developed, and maintained according to the following plans, and identified as Public Document No. ________:

                 (A)  Sheet 3/13, site plan, titled “Boulder Ridge Luxury Student Housing” as drawn by RLK Kuusisto, received 7/11/2007 (contains changes to phase I and II);

                 (B)  “Phase 3, Version 1, Boulder Ridge” dated 8/20/2007, drawn by SEH;

                 (C)  “Phase 3, Version 2, Boulder Ridge” dated 8/20/2007, drawn by SEH;

                 (D)  “Phase 3, Version 1, Landscape Plan, Boulder Ridge” dated 8/20/07, drawn by SEH;

                 (E)  “Phase 3, Version 2, Landscape Plan, Boulder Ridge” dated 8/20/07, drawn by SEH;

                 (F)  “Phase 3 Right Turn Lane, Boulder Ridge” dated 8/28/2007, drawn by SEH;

                 (G)  “Boulder Ridge, Site Plan for Building E-1" dated 7/23/2007, received 8/28/2007, drawn by SEH;

                 (H)  Sheet A2 “New Bus Garage for Boulder Ridge” dated 3/19/2007, received 8/29/2007, drawn by RHA Architect’s Inc.;

                 (I)  Sheet A2 “Boulder Ridge 59 Unit Apartment” dated 8/24/2006, received 7/11/2007, drawn by RHA Architect’s Inc.;

                 (J)  Sheet A5 “Boulder Ridge 47 Unit Apartment” dated 8/24/2006, received 7/11/2007, drawn by RHA Architect’s Inc.;

                 (K)  Sheet A7 “Boulder Ridge Town Homes” dated 6/15/2007, received 7/11/2007, drawn by RHA Architect’s Inc.;

                 (L)  Sheet A8 “Boulder Ridge 18 Unit Apartment” dated 6/15/2007, received 7/11/2007, drawn by RHA Architect’s Inc.;

                 (M)  Sheet A9 “Boulder Ridge 12 Unit Apartment” dated 6/15/2007, received 7/11/2007, drawn by RHA Architect’s Inc.;

                 (N)  “Boulder Ridge Sign Detail” dated 8/27/2007, received 8/28/2007, drawn by SEH;

                 (O)  “Garage Elevations (sample)” received 8/31/2007, drawn by RHA Architect’s Inc.; and

                 (P)  “Detail of Trash Enclosure” received 8/30/2007, drawn by SEH;

           (2)  That the applicant be allowed to construct phase III according to plans for either version one or version two;

           (3)  That any alterations to the approved plans that do not alter major elements of the plan may be approved by the director of planning and development without further planning commission or city council action; however, no such administrative approval shall constitute a variance from the terms of Chapter 50, Article IV;

           (4)  Prior to construction, the applicant shall verify that all wetland boundaries are marked with wetland flagging and that silt fences are installed to protect the wetland areas with a ten foot wide buffer;

           (5)  Prior to construction, the applicant shall verify that all construction limits are marked on the site as shown in the attached drawings with silt fence or other construction fence to prevent construction equipment from entering the areas to remain natural;

           (6)  Prior to construction of building E-1 (maintenance/bus garage) that the applicant will gain written approval from the director of planning and development for the color and materials to be used on the building exterior;

           (7)  Prior to receiving building permits for any building in phase III, the director of planning and development shall review and approve the lighting plan for the site, the design of which shall be made up of completely shielded and downcast fixtures to prevent glare and light pollution from impacting the surrounding neighborhood;

           (8)  That the temporary parking lot that exists across Hickory Street from phase I be allowed to remain only as long as phase III is under construction and that it be improved according to a site plan to be reviewed and approved by the director of planning and development;

           (9)  That the applicant abide by the terms established in the September 5, 2007, email from Jim Foldesi, assistant county engineer, regarding the new access to the site from Rice Lake Road; and

          (10)  That the project secure necessary building, grading, erosion control, and stormwater management permits from the city and MPCA.


STATEMENT OF PURPOSE:  This resolution grants an amendment to a previously granted Section 50-38 special use permit for Campus Park II, now called Boulder Ridge Apartments. The applicant, Mark Lambert, Summit Management, LLC, has constructed most of the site improvements on the west half of the site and is proposing several changes to the site plan for the east half of the site. These changes include modified residential buildings and parking areas, relocated storm water ponds, and maintenance building.


This resolution grants the applicant the option to construct one of two versions of the site plan without seeking further approval as well as giving the director of planning and development the authority to approve minor modifications to the approved site plan.


The planning commission unanimously approved the special use permit amendment at the regular meeting held Tuesday, September 11, 2007.


When all phases of this project are constructed, 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: July 11, 2007

Petition certified: July 11, 2007

Action date for special use permit: November 8, 2007