05-010-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 23 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION OF OUTLOTS C AND D, HOME DEPOT ADDITION, FROM R-1-B, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL, LOCATED ALONG THE EAST AND SOUTH SIDE OF MALL DRIVE, SOUTH OF CENTRAL ENTRANCE (TH 94) AND EAST OF TRINITY ROAD (TH 53) IN DULUTH HEIGHTS (JOHN JOHANNSON, DULUTH HILLS, LLC).

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

     Section 1. That Plate Numbers 23 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)

(reference File No. 05018)

     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, to C-5, Planned Commercial, a total of 1.48 acres of land located along the east and south side of Mall Drive, south of Central Entrance and east of Trinity Road.


The purpose is to allow a zero setback line on Lot 1, Block 2, adjacent to Outlot C and to enable the provision for future placement of a sign (in accordance with the C-5 ordinance) in the northeast corner of Outlot D. The applicant proposes no other development or alteration of these outlots.


The applicant states that “this rezoning will be in the public interest because the C-5, Planned Commercial, district will allow for a variety of future development options. The previous community unit plan was specific to the project area and severely limited development options.”


The Duluth city planning commission approved, by a vote of 8-2, this zoning change following a public hearing held March 23, 2005.


In approving the zoning change the commission made the following findings of fact in support of the change:

     (1)  The change in zoning classifications enhance the building opportunities of Lot 1, Block 2, of this division consistent with the lot coverage anticipated in the original community unit plan;

     (2)  The changes are an expansion of the adjoining zone and limit the area of expanded commercial area to provide buffer for the adjacent residential property;

     (3)  The water management use of the outlots will not change.


Date of certification: March 9, 2005
Action deadline: June 22, 2005

 

This ordinance will have no effect on the tax base.

 

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