DISCLAIMER

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-0391R


RESOLUTION GRANTING A LOW DENSITY PLANNED DEVELOPMENT SPECIAL USE PERMIT TO WHITE PINE DEVELOPMENT FOR EASTRIDGE ESTATES, A CLUSTER HOUSING DEVELOPMENT OF 23 HOMES TO BE LOCATED ON THE UPPER SIDE OF THE HIGHWAY 61 EXPRESSWAY NORTHEAST OF LESTER PARK GOLF COURSE.

CITY PROPOSAL:

     RESOLVED, that the city council finds the following:

     (a)  White Pine Development has submitted to the city council a special use permit request for a low density planned development on 144 acres of property legally described as follows:

           (1)  Those parts of Section 33, Township 51 North, Range 13 West of the Fourth Principal Meridian in the city of Duluth, county of St. Louis, state of Minnesota, summarized and described as follows: The NE 1/4 of the SE 1/4; the S 1/2 of the SE 1/4 of the NE 1/4; the Plat of Lakeview Manor, except Lot 28 of Block 3 all in the N 1/2 of the SE 1/4 of the NE 1/4; and

           (2)  Those parts of Section 34, Township 51 North, Range 13 West of the Fourth Principal Meridian in the city of Duluth, county of St. Louis, state of Minnesota, summarized and described as follows: The SW 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 lying north of the northerly right-of-way line of State Trunk Highway No. 61; that part of the following listed lots lying north of the northerly right-of-way line of State Trunk Highway No. 61 of Block 1 in the Plat of Brighton Gardens, First Division: Lots numbered 3 through 12, 27 through 31, and Lot 33; and

     (b)  Said permit application was duly referred to the city planning commission for a study, report and public hearing held during the regular meeting on June 10, 2008, and the commission has subsequently reported its recommendation of conditional approval to the city council; and

     (c)  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; and

     (d)  That a special use permit is hereby granted to white pine development to construct eastridge estates, a cluster housing development of 23 homes on 2.6-5.7 acre lots with septic systems and 53 acres of common open space on the above described property, subject to the following terms and conditions:

           (1)  The final plat shall comply with the preliminary plat as approved by the city planning commission on April 8, 2008, including conditions of approval; and

           (2)  That prior to this special use permit being in effect, the city council enact the amendment to Section 50-36.1(i) in substantially the form of that before the council as 08-040-O; and

           (3)  That the applicant provide the necessary documents and secure the necessary approvals as required in the amended Section 50-36.1(i).


PC/PLNG


STATEMENT OF PURPOSE:  This resolution grants a low density planned development special use permit to White Pine Development to construct eastridge estates, a cluster housing development of 23 homes on 2.6-5.7 lots with septic systems and 53 acres of common open space. The site is on the upper side of the Highway 61 Expressway northeast of the Lester Park Golf Course.


The planning commission unanimously recommended approval of the special use permit request at their regular meeting held June 10, 2008.


City planning and city engineering staff continue to recommend that the project be denied in its current form (utilizing septic systems) for the following reasons:

     1.   The city council in Resolution 08-0332, approved on May 27, 2008, established a policy that developments on the upper side of the Highway 61 Expressway be served by sanitary sewer in order to better preserve the sensitive natural features of the North Shore and Lake Superior.

     2.   That the permitting of the Eastridge Estates development without sanitary sewer connections will be in conflict with this policy and, further, that it will harm the city’s ability to extend sanitary sewers to potential development sites northeast of the eastridge estates development due to the great cost of extending sewer past the eastridge project.


Petition received: 3/25/2008

Action date for special use permit: 7/23/2008