01-044-O
ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM C-5 PLANNED COMMERCIAL TO R-3 APARTMENT RESIDENTIAL, PROPERTY LOCATED SOUTH OF PALM STREET (CURRY BRANDAW ARCHITECTS).

BY COUNCILOR STENBERG:

The city of Duluth does ordain:

        Section 1.     That Plate No. 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 ordinance amendment provides for a zoning change, from C-5, Planned Commercial, to R-3, Apartment Residential, six acres of a 12 acre property located south of Palm Street, west of Blackman Avenue. The development plan show the full development will occupy two acres, leaving eight acres in open space or natural vegetation.

The Duluth city planning commission unanimously approved of this zoning change, following a public hearing held October 9, 2001. In approving the zoning change the commission made the following findings of fact in support of the change:
        1.    The Miller Hill area comprehensive plan, adopted on 12/10/79, which identifies this area as one of four areas numbered 4" in the land use and transportation plan, reads as follows: the plan represents a net expansion of commercial areas from those existing in 1979. The total amount of commercial area is based upon the existing and planned capacity of natural features, streets, utilities, and other services. Any rezoning which would add to the amount of commercial areas on the plan map should include a corresponding reduction in those areas. This is the first such down zoning in the plan area since the adoption of the plan.
        2.    This request is judged to be a down zoning from commercial to multi-family. The petitioners' intended use as a 115-unit retirement residence, is permitted in the existing commercial zone, with the condition that it not occupy the ground level of the structure. The required commercial use of the property is not desired by the buyer/developer and thus, the petition to reduce the land use potential to a residential apartment.
        3.    The requested zoning classification is considered to be a compatible transitional zone between commercial and lower density residential land uses.

The council can anticipate receiving a resolution vacating paper portions of Stroll Avenue and Overland Street to further facilitate this project.