File #: 17-053-O    Name:
Type: Ordinance Status: Passed
File created: 10/11/2017 In control: Planning and Economic Development
On agenda: 10/23/2017 Final action: 11/6/2017
Title: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY ON EAST HOUSE STREET FROM 98TH AVENUE WEST TO 95TH AVENUE WEST FROM R-1 AND MU-B TO MU-N; AND ON 95TH AVENUE WEST FROM EAST HOUSE STREET TO EAST GARY STREET FROM MU-B TO R-1.
Attachments: 1. Attachment 1, 2. Attachment 2, 3. Attachment 3

Title

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY on East House Street from 98th Avenue West to 95th Avenue WEST from R-1 and MU-B to MU-N; and on 95th Avenue West from East House Street to East Gary Street from MU-B to R-1.

 

Body

CITY PROPOSAL:

 

The city of Duluth does ordain:

Section 1.  That the subject properties on the south side of East House Street between 97th Ave West and 99th Ave West, as shown as Area A in Attachment 1, and as more particularly described as follows:                                          

010-3290-00250

010-3290-00300

010-3290-00310

010-3290-00270

010-3290-00410

010-3290-00360

East 330 Feet of 010-1800-14443

West 33 Feet of 010-1800-14440

 

 

be rezoned from Residential-Traditional (R-1) to Mixed Use-Neighborhood (MU-N).

Section 2.  That the subject properties on the south side of East House Street between the southerly extension of the centerline of 95th Ave West and 97th Ave West, as shown as Area B in Attachment 1, and as more particularly described as follows:                                          

010-1810-00250

010-3290-00470

010-3290-00540

010-1810-14440

010-3290-00480

010-3290-00550

010-3290-00430

010-3290-00490

010-3290-00560

010-3290-00440

010-3290-00500

010-3290-00570

010-3290-00450

010-3290-00520

010-3290-00580

010-3290-00460

010-3290-00530

That portion of 010-3430-11310 contained in Lot K

 

be rezoned from Mixed Use-Business (MU-B) to Mixed Use-Neighborhood (MU-N).

Section 3.  That the subject properties on the on the west side of 95th Avenue West between East Gary Street and East House Street, as shown as Area C in Attachment 1, and as more particularly described as follows:                                          

010-1800-07560 Lots 16-19010-1800-07710010-1800-13930

 

 

010-1800-07620

010-1800-13780 Lots 16-19

010-1800-13940

010-1800-07650

010-1800-13860

010-1800-13950

010-1800-07660

010-1800-13900

010-1800-13960

010-1800-07670

010-1800-13910

 

010-1800-07690

010-1800-13920

 

 

be rezoned from Mixed Use-Business (MU-B) to Residential-Traditional (R-1).

 

Section 4.  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 5. 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 Mixed Use Business (MU-B) and Residential-Traditional (R-1), to Mixed Use Neighborhood (MU-N) and Residential-Traditional (R-1), for several parcels in the Gary/New Duluth neighborhood.

This rezoning action is being done by the City of Duluth to address a discrepancy between the zoning map and the future land use map, and it is not in anticipation of any specific potential development, proposal, or project.  The city is amending the zoning map throughout the city, and this is one of the many zoning projects, both large and small, being proposed to the planning commission over the next several months prior to the public hearing and adoption process for the Imagine Duluth 2035 Comprehensive Plan.

The future land use designation of the properties in Area C, between East Gary Street and East House Street along 95th Avenue West, is traditional neighborhood.  It is characterized by grid or connected street pattern, houses oriented with shorter dimension to the street and detached garages, some with alleys. Limited commercial, schools, churches, and home-businesses. The future land use designation of the other two subject areas is neighborhood mixed use, which is a transitional use between more intensive commercial uses and purely residential neighborhoods. Includes conversions of houses to office or live-work spaces.

Based on the future land use designation of the subject properties, purpose statements of the R-1, MU-B, and MU-N zone districts, and the character of the surrounding neighborhood, rezoning to R-1 and MU-N is appropriate for the subject properties.

On October 10, 2017, the Duluth city planning commission held a public hearing on the proposal as shown in Attachment 2, and voted 7 yeas, 0 nays, 0 abstentions, and 2 commissioners absent to recommend that the city council approve the rezoning requested for the following reasons:

1) R-1 and MU-N is the zone most reasonably able to implement the objectives of the Comprehensive Plan related to the proposed land use for this area.

2) The rezoning is consistent with the Comprehensive-Plan Future Land Use Map.

3) Material adverse impacts on nearby properties are not anticipated.

As the rezoning is from a residential district to a mixed use district, a motion to approve must prevail with an affirmative vote of 2/3 of the city council (per 50-37.3.B.3).

 

Petitioner:

City of Duluth

 

PL 17-145