01-013-O
ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 27 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B SINGLE FAMILY RESIDENTIAL TO R-3 APARTMENT RESIDENTIAL, PROPERTY LOCATED SOUTH OF MAPLE GROVE ROAD AND EAST OF EKLUND AVENUE (PRIMROSE & THARES).

BY COUNCILOR STENBERG:

        The city of Duluth does ordain:

                Section 1.     That Plate Nos. 27 and 28 of the zoning district map as contained in the appendix to Chapter 50 of the Duluth City Code, 1959, is amended to read as follows:

(MAP)

                Section 2.     That this ordinance shall take effect and be in force 30 days from and after its passage and publication.



STATEMENT OF PURPOSE:  This zoning amendment provides for a change from R-1-b, Single Family Residential, to R-3, Apartment Residential, of just under 20 acres of land located south of Maple Grove Road, east of Eklund Avenue. This property adjoins the rear of the commercially zoned Stoneridge Mall.

The Duluth city planning commission unanimously approved of this zoning change following a public hearing held April 10, 2001, at which there was no opposition.

In approving the zoning change the commission made the following findings of fact in support of the change:
        1.     The intended use has gone through a neighborhood hearing process with the petitioners working with a commission member and the neighbors to address concerns.
        2.     Land use is consistent with community needs
        3.     The request is consistent with good land planning in that it presents a buffer zone between the commercial uses along Miller Trunk and residential property beyond.
        4.     And with the exclusion of the northerly 133 feet south of the centerline of Maple Grove Road it creates a visual buffer and the residential neighborhood adjacent and the development.

It is further found: that the ordinance governing this petition is Section 50-114 through 50-120; that compliance with those requirements are met; and, that the following facts, features, or events show compliance;
        i)     Sec. 50-115 was met by the filing of the petition on March 7, 2001, and the mailing of notice to properties within 350 feet on March 30, 2001.
        ii)     Sec. 50-116 was met by the publishing of legal notice in the Duluth News Tribune on March 16, 23 and 26 , 2001 and the planning commission's public hearing on April 10, 2001.
        iii)     Sec. 50-117 was met by the certification by the city assessor on March 27, 2001.
        iv)     Sec. 50-118 and 50-119 are met by the planning commission hearing on April 10, 2001.
        v)     Sec. 50-120 fees were paid on March 7, 2001.

Date Received: March 9, 2001
Action Deadline: July 9, 2000