04-051-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS NOS. 22, 23 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-A, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL, PROPERTY LOCATED ALONG MALL DRIVE, SOUTH OF CENTRAL ENTRANCE AND EAST OF TRINITY ROAD (WELSH COMPANIES, LLC).


BY COUNCILOR GILBERT:

The city of Duluth does ordain:

     Section 1. That Plate Nos. 22, 23 and 28 of the zoning district maps as contained in the Appendix to Chapter 50 of the Duluth City Code, 1959, as amended, is amended to read as follows:

(MAP)

(Reference File No. 04075)

     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 a zoning change, from R-1-b, One Family Residential, with a special use permit for a community unit plan (Home Depot) to C-5, Planned Commercial, along Mall Drive, south of Central Entrance, and east of Trinity Road in Duluth Heights. This rezoning is to facilitate the redevelopment of the vacant Block 2 (east side of Mall Drive) of the Home Depot Division.


The circumstances surrounding current zoning of this property inhibit the future uses of Block 2. The 1998 and 1999 special use permits, provide for specific development plans for the three “commercial lots” within the plat of Home Depot Addition.


Without the provisions of Section 50-37 for the community unit plan (CUP) special use permit, the only uses of Block 2 must conform to the 1999 CUP Plan.


The rezoning would “replace” the land use controls over both Blocks 1 and 2, and require that any development or redevelopment of the property be reviewed in accordance with the provisions of Section 50-137 (C-5, Planned Commercial District) of the Code.


Half the property requested is fully developed in accordance with the 1999 CUP. The adjoining 31 acres of “Outlot A” has been set aside, by deed and covenant, as permanent open space to provide a perpetual “buffer” from the residential properties to the east and south. The future development of Block 2, in accord with the C-5 zoning standards, will not reduce the buffer or increase the anticipated impacts on those surrounding residences.


The Duluth City Planning Commission unanimously approved this zoning change following a public hearing held August 10, 2004. In approving the zoning change, the Commission made the following findings of fact in support of the change:

1.)  This rezoning is an expansion of existing commercial zoning on the north and west.

2.)  This rezoning recognizes the existing uses and adjacent residential buffers as imposed by the 1999 CUP.


Date of Certification: July 19, 2004

Action Deadline: November 1, 2004