Title
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PARTS OF THE PARCELS DESCRIBED AS 010-2710-03550, 010-2710-03500, 010-3275-00032 FROM RESIDENTIAL- TRADITIONAL (R-1) TO RESIDENTIAL-PLANNED (R-P).
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. After reviewing the planning commission file PLUMA-2503-0003, shown as Attachment 1, and the record pertaining thereto and based on the recommendation of the planning commission at a meeting on June 10, 2025, the city council hereby adopts the findings of the planning commission and concludes that the application, as modified by the amended concept plan shown in Attachment 2:
A. Is consistent with the Comprehensive Land Use Plan;
B. Is reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use;
C. Is required by public necessity, convenience, or general welfare, or good zoning practice; and
D. Will not create material adverse impacts on nearby properties, or if material adverse impacts may be created they will be mitigated to the extent reasonably possible.
Section 2. That the official zoning map of the City of Duluth, as referenced in Chapter 50 of the Duluth City Code, 1959, as it relates to property located 3901 E Superior Street (PID Nos.010-2710-03550, 010-2710-03500, 010-3275-00032), be amended and reclassified from Residential Traditional (R-1) to Residential Planned (R-P) according to the findings and conclusions in the staff report shown in Attachment 1, findings and conclusions of the planning commission, the project narrative set forth in Attachment 1, and the amended concept plan shown in Attachment 2, which specify a permitted density of 5 residential units per acre, up to a maximum of 26 total residential units, no more than 13 of which may be located within shoreland areas; a maximum permitted building height of 30 feet; permitted uses of single-family, and two-family; and up to 2 Bed and Breakfast sites, subject to the special use permit requirements in the UDC; and the identified public benefits described 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: The ordinance is to change the zoning of parts of parcels 010-2710-03550, 010-2710-03500, 010-3275-00032 from Residential-Traditional (R-1) to Residential-Planned (R-P). The property owner is proposing to construct 11 two-family homes (22 units) , 4 single-family homes (4 units) , and 2 bed and breakfast sites on the property (4 units). Bed and Breakfast sites will require special use permits prior to operation.
At a meeting on June 10, 2025, the planning commission held a public hearing, minutes included as Attachment 3, on the proposed UDC Zoning Map amendment, where the commission heard an oral public comment and considered a written comment submitted to the commission at the public hearing (Attachment 4) reviewed the developer’s concept plan and project narrative (Attachment 1) and staff report findings and conclusions associated with the rezoning request (Attachment 1), and discussed and deliberated the matter as a commission. The planning commission considered a motion to recommend to city council the UDC Zoning Map Amendment with staff recommendations, with the motion passing on a vote of 6 yeas, 0 nays and 0 abstentions.
The permitted uses for the proposed R-P district, are limited to single-family and two-family dwellings. Up to 2 Bed and Breakfast sites, subject to the special use permit requirements in the UDC. The permitted density is up to 5 residential units per acre, up to a maximum of 26 total residential units, no more than 13 of which may be located in shoreland areas. The identified public benefits include the applicant’s proposals to preserve 6.4 acres of natural resources and undeveloped areas, a higher level of sustainability than otherwise required under the UDC, and more efficient and effective use of streets by keeping the new access road to the proposed homes as a private street, eliminating the need for City plow and maintenance services. Prior to the planning commission meeting, the developer submitted a site concept plan shown in Attachment 1 depicting site acreage, uses, residential areas, common open space, shoreland development, and non-shoreland development. Following the planning commission meeting, the developer submitted an amended site concept plan shown in Attachment 2 which includes the maximum number of units within shoreland.
Having reviewed and considered the Application and conducted a public hearing, the planning commission recommended that the city council approve the UDC Zoning Map Amendment with the above-stated conditions for the following reasons:
1) Th proposal is consistent with the Comprehensive Land Use Plan by allowing housing in an area identified for residential use.
2) The proposed R-P District is consistent with the future land use categories “Open Space” and “Traditional Neighborhood”.
3) The proposal is reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use;
4) The proposal is required by public necessity, convenience, or general welfare, or good zoning practice; and.
5) Material adverse impacts on nearby properties relating to the proposal are not anticipated or will be mitigated to the extent reasonably possible.
Date of application: May 16, 2025
Action deadline: September 13, 2025