Title
AN ORDINANCE REPEALING AND REPLACING SECTION 50-18.2, AND AMENDING SECTIONS 50-36, 50-37.9, 50-37.13 AND 50-41, RELATED TO AIRPORT OVERLAY ZONE DISTRICT.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 50-18.2, Airport Overlay of the Duluth City Code, 1959, as amended, be repealed and replaced, as shown in Attachment 1;
Section 2. That Section 50-36, Reviewers and Decision-Makers, of the Duluth City Code, 1959, as amended, be amended as follows, as shown in Attachment 2;
Section 3. That Section 50-37.9, Variance, of the Duluth City Code, 1959, as amended, be amended as follows, as shown in Attachment 3;
Section 4. That Section 50-37.13, Zoning Permit, of the Duluth City Code, 1959, as amended, be created as follows, as shown in Attachment 4;
Section 5. That Section 41 Definitions, of the Duluth City Code, 1959, as amended, be amended as follows, as shown in Attachment 5;
Section 6. That this ordinance shall take effect 30 days after its passage and publication. (Effective date: ________, 2022)
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance implements a text amendment related to land use standards for land near airports in the airport overlay zone district, as regulated by chapter 50 of the City Code, more commonly known as the Unified Development Chapter (UDC).
Following almost two years of meetings and discussions between representatives from Duluth, Hermantown, Rice Lake, St. Louis County, and Canosia Township, an updated Duluth International Airport Zoning Ordinance was approved. Each local unit of government is required to incorporate elements of the airport ordinance within their city code. The proposed ordinance removes and replaces existing text in 50-18.2 with new text, and updates other references to the airport overlay in the UDC.
This ordinance implements the following major changes:
A) Removes all existing language and replace with new language in UDC 50-18.2, Airport Overlay, and incorporates rules and standards that were adopted in the October 6, 2021, Duluth International Airport Zoning Ordinance;
B) Retains current UDC rules and standards that apply only to the Sky Harbor Airport on Park Point;
C) Adopts a new airport overlay map. Airport Safety Zones A, B, and C are now identified as Zone 1, 2, 2.5, and 3. New airport zone 2.5 (Hermantown) has reduced impairments and controls on land uses, to allow for more development and redevelopment. Safety zones have restrictions on land uses and heights and density of structures, but the restrictions decrease as one moves further away from the runway. In Duluth, Safety Zone A is markedly the same area as new Zone 1, Zone B is markedly the same as new Zone 2, but Safety Zone C covered a larger area than new Zone 3 (Zone C had extended at least one mile past the end of Zone B). Essentially the safety zones are generally the same in Duluth, expect that the new safety zone 3 covers less area than had the previous safety zone C.
The proposed ordinance amendment updates the existing land use and zoning controls, and reflects language approved by the Director of the Office of Aeronautics of the Department of Transportation of the State of Minnesota.
The planning commission held a public hearing and considered the changes at a Tuesday, February 8, 2022, Planning Commission meeting. Following discussion, the Commission voted with 6 yeas, 0 nays, and 0 abstentions, to recommend that the city council approve the proposed text change to the Unified Development Chapter of the City Code.
PL 21-210