DISCLAIMER

 

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-038-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 R-1-B, ONE AND TWO FAMILY RESIDENTIAL DISTRICT, TO C-5, PLANNED COMMERCIAL DISTRICT, PROPERTY AT 404 WEST MYRTLE STREET (KOEHLER/CMRA).

CITY PROPOSAL:

The city of Duluth does ordain:

     Section 1. That Plate No. 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 Planning Commission File No. 08037)

     Section 2. That the city planning commission unanimously recommended approval of this ordinance amendment following a public hearing at their May 13, 2008, regular meeting and that such public hearing was duly noticed (FN 08037).

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


PLANNING COMMISSION/PLANNING DIV


STATEMENT OF PURPOSE:  This zoning ordinance amendment reclassifies property from R-1-b, One and Two Family Residential District, to C-5, Planned Commercial District.


The Duluth city planning commission voted unanimously to recommend approval of this zoning change following a public hearing held May 13, 2008. They made the following findings (FN 08037):


     A.   The comprehensive plan recommends “neighborhood mixed use” future land use for the site. The zoning code has not been updated to include a zoning category to implement this specific type of land use. C-5 planned commercial allows both commercial and residential uses and requires plan approval for developments, allowing staff and the planning commission to try to incorporate some of the mixed use goals recommended in the comprehensive plan;


     B.   Immediately west of the property is land that the city council recently rezoned C-5 to accommodate a development proposed by the petitioner of the rezoning of 404 West Myrtle Street. Rezoning this property will create a unified block of commercial zoning instead of leaving one home on the block;


     C.   Further west of the property is a large amount of commercial development with the Midas Service Center and the Cub Foods end of the Stoneridge development. There is not a strong natural or man-made feature that serves to create an edge or break to extending the commercial development onto the site. The Anderson Road/Myrtle Street intersection with Central Entrance is a stronger “edge” or “break” for the commercial development;


     D.   Commercial uses are generally best located on arterial streets with transit facilities to provide good access to the site. Central Entrance is a principal arterial conveying 20,000 vehicles per day and it is a Duluth Transit Authority transit route;


     E.   There is good vehicular transportation access to the site. The Minnesota department of transportation has already approved to having a “right-in-right-out” driveway to this property from Central Entrance. Myrtle Street/ Sundby Road behind the property could function as a secondary access to the site via the signalized intersection at Anderson Road. Sidewalks along Central Entrance could be extended to the site as part of site development.


Application received: 3-28-2008

Application certified: 4-4-2008

Action deadline: 7-26-2008