Kenwood commercial development placed on hold by Duluth Planning Commission
Commissioners voted Tuesday evening to submit a proposal to approve a development northeast of the Kenwood Shopping Center on West Arrowhead Road. The new building would be called Arrowhead Center, and the developer, Shamrock Properties LLC, is suggesting that a third of the structure will house a future restaurant with a drive-through window and the remaining 9,000 square feet of space for a yet-to-be-revealed retail store .
When Commissioner Andrea Wedul brought the project forward, she urged staff to do more to assess and address potential traffic concerns related to the development of an already busy road.
Commissioner Gary Eckenberg questioned the developer’s decision to remove a large number of trees from the site without first consulting the city. He said the abrupt tree clearing in early 2020 “caused so much fear in the neighborhood and brought many questions from this planning committee to the staff”.
Eckenberg noted that Shamrock’s managing partner Tom O’Brien has proposed replacing fewer trees on the site than recommended by town ranger Clark Christensen, but that plan was deemed acceptable by town officials.
“First of all, I’m just overwhelmed that the city has been pushed back in some way in terms of replacement needs, given the disregard of any type of city UDC (Uniform Development Chapter) or discussions or early plans to review a significant number of trees in this one Area is removed, “he said.
Gary Meader / Duluth News Tribune
“In the back of my mind, I wonder what chutzpah that required.” Eckenberg said, asking what had led the staff to approve O’Brien’s proposal.
Adam Fulton, assistant director of Duluth Planning and Economic Development, noted that the neighboring property of the Kenwood Shopping Center, also under the direction of O’Brien, was developed “before UDC, certainly premodern zoning standards” many years ago . And so there was controversy with the development because they developed a shopping center next to a residential area. ”
Certain pedestrian access and landscaping agreements were in place at the time, but Fulton noted that those agreements have now expired.
“That confuses this problem,” said Fulton. “And what confuses it even more is that this is not an easy enforcement problem. We don’t have the perfect measurements of everything that was there before. The applicant has stated, and I think we recognize correct, that some of what was there before was scrub and was not necessarily in good shape, so there is a lack of clarity about how many dead trees should have been removed and when a tree survey should not be counted in comparison to those that may have been living trees. ”
Asked if Shamrock had kept its pledge to replace a certain number of trees by August this year, Eckenberg said, “I’m looking for some kind of good faith on the part of this developer, and when that happens.” from August 30, 2021 I would see this as good faith. Did that happen? “
“It didn’t happen,” replied Fulton.
However, there are reasons for the developer’s difficulties in meeting the city’s expectations.
“It was hard to get trees this year. Because of the pandemic, nursery stocks were not available for wholesale because the nurseries were selling so many trees at the retail level, ”Fulton said.
Bill Scalzo, an architect with Shamrock, said dry weather and the prospect of high death rates also delayed planting more trees in the summer.
Bill Burns, a lawyer for Shamrock, said O’Brien acquired the property in question and the neighboring Kenwood Shopping Center from the original owners.
“At first there was a lot of talk in the neighborhood – when Mr. O’Brien was removing trees that I saw were mostly dead or dying – that he was violating these covenants. And the alliances were, I believe, agreed by all legal experts that expired some time ago. So I think the most important thing here is to look forward to a sizeable investment that will make a positive difference, “said Burns.