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RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO GRANT GREEN CAPITAL, LLC, A SPECIAL USE PERMIT FOR AN EIGHT UNIT TOWNHOME DEVELOPMENT AT THE SOUTHEAST CORNER OF MISSISSIPPI AVENUE AND LYONS STREET
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CITY PROPOSAL:
RESOLVED, that the City Council finds as follows:
(a) On April 16, 2015, Jason Ross, on behalf of Green Capital, LLC, submitted an application for a special use permit for an eight unit townhome development at the southeast corner of Mississippi Avenue and Lyons Street;
(b) The project area is zoned R-1 (Residential-Traditional) and is comprised of five platted lots, each measuring 40 feet in width and 125 feet in depth, totaling 25,000 square feet in area. The development included 2 two-bedroom units, 5 three-bedroom units, and 1 four bedroom unit, for a total of 23 bedrooms. All townhomes between three and eight units require a special use permit in R-1 zone districts. The project area is also with the Higher Education Overlay District, which has additional requirements over and above the usual use-specific development standards;
(c) The planning commission considered the application at its May 12, 2015, regular meeting. The public hearing was opened and several public comments were received at the meeting, but the item was tabled in order to give city staff additional time to review the applicant’s information.
(d) The planning commission continued the public hearing at its June 9, 2015, regular meeting. The Planning Commission’s first vote resulted in a tie (4-4). After additional deliberation, the Planning Commission’s second vote was to approve the special use permit with a 5-3 vote (one planning commission position was vacant). In reaching its decision, the planning commission reviewed comments from the public, information from city staff, and applicable regulations from the Unified Development Chapter. The application was approved with the following conditions:
1) The project area be amended to the limit shown in plans labeled May 27, 2015 Special Use Permit Application Site Plan,
2) Screening on top of the retaining wall be wood, or have the appearance of a wooden fence.
3) Two visitor parking to be signed for visitors only. Site plan revised to show bike/scooter parking.
4) Lighting plan and sustainability checklist required with building permit application.
5) Landscaping plan be revised to show compliance with UDC, including one tree per 20 feet on rear property line per 50-20.1, and required trees must be at least 2 1/2 inch caliper.
6) The number of parking spaces on the property equal the number of bedrooms, not including parking spaces required for visitors, or bikes/scooters.
7) The driveway onto Lyons Street be increased to 16 feet wide; the developer may need to reduce the number of units from eight to seven to accommodate the development.
8) Sidewalks shall be placed in front of each unit entrance to connect to the sidewalk that runs up to Mississippi Avenue.
9) A wood screening fence, or a fence that appears to be made of wood or similar material, shall be placed on top of retaining wall to screen car headlights.
10) Applicant’s architect to modify design of the townhomes to better fit in visually with the surrounding neighborhood.
11) Additional screening (vegetative material) of the retaining wall running along the alley, if allowed by City Engineering.
(e) On June 18, 2015, the city received an appeal from William Burns of Hanft Fride representing Al Makynen, Jim Starr, and Jay Stoffel, asking the city council to overturn the special use permit.
(f) The city council heard the appeal at its August 10, 2015 meeting.
FURTHER RESOLVED, that the decision of the planning commission to grant the application for the special use permit is in conformance with standards in the Unified Development Chapter, and is affirmed.
Statement of Purpose
STATEMENT OF PURPOSE: The resolution affirms the planning commission’s decision to grant the special use permit for an eight unit townhome development to Green Capital, LLC.
City Council Appeal Received: June 18, 2015
Action Deadline for Special Use Permit Application: August 14, 2015
Appeal Petitioner:
William Burns
Hanft Friede
1000 US Bank Place
140 West Superior Street
Duluth, Minnesota 55802