DISCLAIMER

 

06-009-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ZONING DISTRICT MAP NO. 23 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE FAMILY RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL, PROPERTY LOCATED AT THE NORTHEAST CORNER OF TRINITY ROAD AND ANDERSON ROAD (SCOTT AND SUSAN HANSEN).

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

     Section 1. That Plate No. 23 of the zoning district map 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. 06022)

     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 to C-2 for land located at the northeast corner of Anderson Road and Trinity Road. The address is 3802 Trinity Road.


The purpose of the rezoning is to allow for the redevelopment of a service station and convenience store at this site. Due to reconstruct of Trinity Road (Hwy 53) by the Minnesota department of transportation (Mn/DOT) in 2006 the current facility will be removed. The current business owner wishes to remain in business at this site. They will purchase land from DEDA through an agreement with Mn/DOT. Mn/DOT has agreed to sell the Hansens’ surplus land Mn/DOT acquired to widen and improve Trinity Road (Hwy 53).


The city planning commission on March 14, 2006, approved a Water Resource Management Ordinance (WRMO) variance for impervious surfaces and a special use permit for grading and excavating within the shoreland area of Miller Creek for this site. The property owner east of the site expressed opposition to all three requests.


The Duluth city planning commission approved this zoning change following a public hearing held March 14, 2006. The commissioners based their recommendation on the following findings:

     (a)  The site has been used as service station/convenience store operation since 1930;

     (b)  The reason for this action is due to Mn/DOT and the redevelopment of Trinity Road and not the action of the property owner;

     (c)  The role of DEDA in acquiring and conveying a portion of this property allows the use to be governed by a specific site plan which includes lighting to be within the property boundaries, a berm and screening placed along the east property line near the nearest residence;

     (d)  Petitioner has advised customers and surrounding property owners on the size and magnitude of the new facility;

     (e)  The facility has strong neighborhood support and provides services to the neighborhood that would otherwise require trips to other service providers within the city. Thus, reducing travel times and fuel use;

     (f)  Site is located at a major intersection; Highway 53 and Anderson Road that has a traffic control light with access limited per Mn/DOT requirements.


The tax impact worksheet is included with the ordinance. The tax value increases $16,496 as a result of this change.


Petition Certified: February 17, 2006        Action deadline: June 16, 2006