DISCLAIMER

 

08-022-O                                                        REPLACEMENT 2


ORDINANCE NO. __________


AN ORDINANCE PURSUANT TO MINNESOTA STATUTE 462.355, SUBD. 4, TO PRESERVE THE STATUS QUO PENDING THE COMPLETION AND REPORT OF A STUDY AND POSSIBLE ACTION ON THE STUDY INCLUDING AMENDING THE CITY’S ZONING AND RENTAL LICENSING ORDINANCES AS THEY MAY PERTAIN TO AREAS SURROUNDING THE UNIVERSITY OF MINNESOTA AND THE COLLEGE OF SAINT SCHOLASTICA.

BY PRESIDENT REINERT:

The city of Duluth does ordain:

     Section 1. Statement of legislative intent.

     The council of the city of Duluth finds that it is necessary to preserve the status quo regarding the city’s regulation of land uses through the zoning ordinances codified in Chapter 50 of the Legislative Code and through the rental licensing ordinances codified in Chapter 29A of the Legislative Code, in those areas of the city most affected by the University of Minnesota-Duluth and the College of Saint Scholastica.

     The council finds that it is therefore necessary to study the effect of the student population residing off campus and to identify the types of uses and regulations necessary to protect the public heath, welfare and safety.

     The council finds that the city’s existing definitions and regulations as set forth in Chapter 50 of the Legislative Code, providing for the general zoning regulations, and in Chapter 29A of the Legislative Code, providing for the licensing of rental properties, are inadequate to effectively regulate the unique issues that exist in the areas of the city most impacted by student populations. Therefore, the council finds that a planing study is necessary to adopt new regulations dealing with land uses, zoning regulations and rental licensing.

     Accordingly, it is the desire of the council of the city of Duluth to establish, under this interim ordinance, a moratorium protecting the general health, welfare and safety of the public and preserving the status quo with respect to existing zoning and rental licensing pending the conclusion of a zoning study on the same and until such time as the study has been reported to the council and the effective date of any council action on any recommendations arising therefrom, by immediately prohibiting the issuance of any approval necessary to rezone land or issue any permit pursuant to Chapter 50 or approve any license pursuant to Chapter 29A. This moratorium is not intended to prohibit the approval of a variance under Chapter 50, Article VI or to prohibit any approval under Chapter 51 of the Legislative Code.

     Section 2. Moratorium imposed.

     The city of Duluth hereby imposes on any parcel of land, lot or part thereof within or abutting the boundaries of the city as described herein, a prohibition on the issuance of any approval necessary to rezone land or issue any permit pursuant to Chapter 50 or approve any license pursuant to Chapter 29A. pending the completion of the study noted in Section 1, and action by the city council on the said study, until the expiration of 12 months or until such earlier time as the city council has taken action on the recommendations contained in the said study.

     The boundaries of the prohibition shall be the area within the following described line: a point beginning at the point of intersection of the Lake Superior shoreline and the extended centerline of platted Eighth Avenue East, thence northwesterly along said Eighth Avenue East centerline to its point of intersection with the centerline of Superior Street Alley, thence southwesterly along the centerline of Superior Street Alley to its point of intersection with the centerline of North Sixth Avenue East, thence north westerly along the centerline of North Sixth Avenue East to its point of intersection with Central Entrance Drive, thence westerly along the centerline of Central Entrance Drive to its point of intersection with the centerline of Rice Lake Road, thence northerly along the centerline of Rice Lake Road to its point of intersection with the centerline of West Arrowhead Road, thence easterly along the centerline of West Arrowhead Road to its point of intersection with the centerline of Blackman Avenue, thence northerly along the centerline of Blackman Avenue to its point of intersection with the centerline of MacFarlane Road, thence easterly along the centerline of MacFarlane Road to its point of intersection with the centerline of Howard Gnesen Road, thence southeasterly along the centerline of Howard Gnesen Road to its point of intersection with the centerline of Old Howard Gnesen Road, thence north/northeasterly along the centerline of Old Howard Gnesen Road to its point of intersection with the centerline of South Road, thence easterly along the centerline of South Road in a straight line to its point of intersection with the northwest corner of the Third Glen Avon Division of Duluth, thence north in a straight line to its point of intersection with the centerline of Fairmont Street, thence easterly along the centerline of Fairmont Street to its point of intersection with the centerline of Woodland Avenue, thence south/southeasterly along the centerline of Woodland Avenue to its point of intersection with the centerline of Carlisle Avenue, thence easterly along the centerline of Carlisle Avenue to its point of intersection with the centerline of Grove Street, thence northeasterly along the centerline of Grove Street to its point of intersection with the centerline of Princeton Place, thence northeasterly along the centerline of Princeton Place to its point of intersection with the southerly boundary of Park Hill Cemetery, thence easterly along the southern boundary of Park Hill Cemetery until its point of intersection with the western easement line of Livingston Avenue, thence easterly in a straight line to its point of intersection with the centerline of Livingston Avenue, thence northerly along the centerline of Livingston Avenue to its point of intersection with the centerline of Everett Street, thence easterly along the centerline of Everett Street to its point of intersection with the centerline of Jean Duluth Road, thence southwesterly along the centerline of Jean Duluth Road to its point of intersection with the centerline of Lakeview Drive, thence southwesterly along the centerline of Lakeview Drive to its point of intersection with the centerline of Vermilion Road, thence southerly along the centerline of Vermilion Road to its point of intersection with the centerline of Congdon Park Drive, thence southeasterly along the centerline of Congdon Park Drive to its point of intersection with the centerline of 32nd Avenue East, thence southeasterly along the centerline of 32nd Avenue East to its point of intersection with the centerline of London Road, thence northeasterly along the centerline of London Road to its point of intersection with the west bank of Tischer Creek, thence southeasterly along the west bank of Tischer Creek to its point of intersection with the Lake Superior shoreline, thence southwesterly along the Lake Superior shoreline to the point of beginning, and as depicted on the map on file with the city clerk as Public Document No. _______________.

     Section 3. That this ordinance shall take effect 30 days after its passage and publication.


COUNCIL REQ/ATTY MAL:nmj 3/10/2008


STATEMENT OF PURPOSE:  This interim ordinance imposes a moratorium on zoning approvals required under Chapter 50 and the issuance of rental licenses under Chapter 29A for those areas of the city encompassed within the described area. The major zoning approvals affected would include applications for rezoning and special use permits. Variances under Chapter 50 are not included in the moratorium. The ordinance does not impact approvals under Chapter 51 which is the water resource management code regulating the physical development of land in shorelands, wetlands, and flood plains. The licensing permits affected are residential rental licensing. The areas included may be generally described as the neighborhoods of East Hillside, Lower Chester Park, Upper Chester Park, Kenwood, Hunter’s Park, Morley Heights and Endion. The interim ordinance will be in affect for one year. During the year, the council is requesting that the city conduct a comprehensive study on the unique needs of these areas impacted by student populations residing off campus and providing for zoning and rental licensing regulations controlling these areas.