00-0488R

RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSION FOR THE DENIAL OF THE REZONING REQUEST CONTAINED IN ORDINANCE NO. 00-017-O.

BY PRESIDENT GILBERT:

WHEREAS, an application was made to rezone property located at 9211 West Skyline Parkway from R-1-a Single Family to C-5 Planned Commercial for the purpose of constructing a Hardee's Restaurant in the Thompson Hill area; and

WHEREAS, the above rezoning request was heard by the Duluth City Council at a public hearing in the city council chambers on June 26, 2000; and

WHEREAS, the Duluth City Council heard further testimony on the matter on June 26, 2000, at the city council meeting before voting on the matter;

NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council makes the following findings of fact and conclusion:

FINDINGS OF FACT

(a) The zoning change requested is inappropriate because it is inconsistent with the state designation of scenic byway that has been given to the Skyline Drive;

(b) Rezoning this area at this time is inappropriate because the city of Duluth has just received a $77,500 grant from the federal government to study the Skyline Drive corridor for zoning and other purposes and the study has not yet started;

(c) Rezoning requested is inappropriate at this time because the city's comprehensive plan for the area is not completed at this time;

(d) Rezoning for commercial purposes of the area is not appropriate because the scenic view from Thompson Hill is one of the most environmentally sensitive areas in the city and a cluster of commercial development at this scenic entrance to the city would have a detrimental impact on the city's image and character;

(e) This rezoning would result in an area of residential zoning between commercial zones.

CONCLUSION

It is not appropriate to rezone property located at 9211 West Skyline Parkway from R-1-a to C-5 Planned Commercial because of the negative impact it will have on the city.


STATEMENT OF PURPOSE: This resolution sets forth relevant reasons raised before the planning commission, city council committee hearing, and city council meeting concerning why the rezoning requested in Ordinance No. 00-017-O was not appropriate.