Title
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY APPROXIMATELY TEN ACRES OF PROPERTY ON THE NORTH SIDE OF MARBLE STREET NEAR ROBIN AVENUE from RESIDENTIAL-TRADITIONAL (r-1) TO RESIDENTIAL-PLANNED (R-P).
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That the subject property on the north side of Marble Street near the intersection with Robin Avenue, as shown in Attachment 1, and as more particularly described as Lot 4, Block 1, Harbor Light Division; Lots 5-13 & Lots 36-40, Block 5, Kensington Place Addition, be rezoned from Rural Residential 1 (RR-1) to Mixed Use-Business Park (MU-B)
Section 2. That the official zoning map of the City of Duluth as referenced in Chapter 50 of the Duluth City Code, 1959, is amended to read as shown in Attachment 1.
Section 3. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance provides a zoning change from Residential-Traditional (R-1) to Residential-Planned (R-P) ten acres of land on the north side of Marble Street near Robin Avenue. The rezoning is to facilitate a development of up to 25 single-detached and twinhome dwellings in a Common Interest Community (CIC) on private streets with 3.5 acres of open space, trails, a pocket park, and storm water treatment facilities all owned and managed by a home owners association. The proposed dwelling units are anticipated to conform with the normal height standards of the base R-1 zone district.
Good zoning practice requires that zone districts be consistent with the future land use category identified for the area. In this case, the Low-Density Neighborhood designation speaks of single-family housing with urban services on curvilinear streets, attached garages, with a range of house sizes, with an overall density of 3-4 units per acre. Conservation development is listed as an option with parks and open space areas located within or adjacent.
The 2018 Housing Indicator Report (https://duluthmn.gov/media/8390/2018-housing-indicator-report.pdf) identifies the continued need for housing units in Duluth. The proposed development provides housing in an area with existing infrastructure and is consistent with the scale of the surrounding neighborhood. The proposed housing, open space, and trails contributes to the general welfare of the community.
On September 10, 2019, the Duluth city planning commission held a public hearing on the proposal as described in the staff report found in Attachment 2. Four residents provided oral testimony and one provided written comments. The planning commission voted 9 yeas, 0 nays, 0 abstentions, to recommend that the city council approve the rezoning requested for the following reasons:
1) The proposed zone district is reasonably able to implement the objectives of the Comprehensive Plan related to the land use for this area; and
2) The proposed rezoning is related to the overall housing and open space needs of the community and the scale of adjacent land uses; and
3) A Regulating Plan must be approved following the rezoning consistent with the requirements of 50-14.7.E. The proposed Concept Plan features, when detailed in the Regulating Plan, are anticipated to satisfy R-P zoning requirements; and
4) The developer anticipates including new open space amenities such paved and natural-surface trails and a pocket park with benches consistent with the requirements for an R-P zone; and
5) Material adverse impacts on nearby properties are not anticipated.
Petitioner: Lotus Realty Services and Duluth Gospel Tabernacle Church
Request Filed: August 27, 2019
Action Deadline: December 25, 2019
PL 19-122