Title
AN ORDINANCE PROPOSED BY INITIATIVE PETITION THAT REQUIRES THE CITY TO REZONE AS PARK AND OPEN SPACE (P-1) THE 37.5-ACRE PARCEL KNOWN AS THE LAKE 9 PARCEL OF THE FORMER LESTER PARK GOLF COURSE, AND FURTHER PROHIBITING ANY REZONING OF THIS PARCEL THAT AUTHORIZES PRIVATE RESIDENTIAL, COMMERCIAL, INDUSTRIAL, HOSPITALITY, OR MIXED-USE DEVELOPMENT UNLESS APPROVED BY A MAJORITY OF THE VOTERS AT A CITY ELECTION.
Body
The city of Duluth does ordain:
SECTION 1. PURPOSE AND FINDINGS.
The People of Duluth find that the approximately 37.5-acre parcel commonly known as the Lake 9 parcel of the former Lester Park Golf Course was part of a public park system held in trust for the benefit of current and future residents of Duluth. The People further find that the conveyance of the Lake 9 parcel to the Duluth Economic Development Authority does not extinguish the public interest in its protection from private development. The City of Duluth retains full regulatory authority over the use of all land within its boundaries, including land held by its subordinate bodies, through the exercise of its zoning and land use powers. The People further find that rezoning the Lake 9 parcel to the Park and Open Space District (P-1) under Section 50-17.4 of the Duluth Unified Development Chapter is a lawful and appropriate exercise of the City's police power, is consistent with the public trust character of former parkland, and ensures that the parcel's natural and recreational values are preserved under the City's land use regulations regardless of title. Nothing in this ordinance shall be construed to affect the title to the Lake 9 parcel, to require the expenditure of public funds, or to exempt the City from compliance with any applicable state law.
SECTION 2. DEFINITIONS.
As used in this ordinance:
(a) "Lake 9 Parcel" means the approximately 37.5-acre parcel of the former Lester Park Golf Course commonly known as the Lake 9 parcel, previously conveyed to the Duluth Economic Development Authority, located within the City of Duluth, St. Louis County, Minnesota.
(b) "Protective Zoning Classification" means the Park and Open Space District (P-1) under Section 50-17.4 of the Duluth Unified Development Chapter, or any successor district that protects land for recreational, scenic, and natural resource uses and prohibits private residential, commercial, industrial, hospitality, or mixed-use development.
SECTION 3. REZONING DIRECTED.
(a) The City of Duluth shall, within 180 days of the effective date of this ordinance, initiate and complete all actions necessary to rezone the Lake 9 Parcel to the Park and Open Space District (P-1) under Section 50-17.4 of the Duluth Unified Development Chapter.
(b) The rezoning shall be accomplished through the City's standard zoning amendment process.
(c) If the Park and Open Space District (P-1) is amended or replaced prior to compliance, the City shall rezone to the closest equivalent successor district.
SECTION 4. PROHIBITION ON DEVELOPMENT ZONING.
(a) Following the effective date of this ordinance, the City shall not rezone the Lake 9 Parcel to any classification that authorizes or facilitates private residential, commercial, industrial, hospitality, or mixed-use development, unless approved by a majority of the voters voting on the question at a City election.
(b) The prohibition applies to all rezonings occurring on or after the effective date of this ordinance.
SECTION 5. ENFORCEMENT.
Any resident or taxpayer of the City of Duluth shall have standing to bring an action in the District Court of St. Louis County to compel performance or to enjoin any rezoning in violation of Section 4. The court shall award reasonable attorney's fees and costs to a prevailing plaintiff.
SECTION 6. SEVERABILITY.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 7. EFFECTIVE DATE.
This ordinance shall take effect upon its adoption by the voters at a regular or special election, as provided by Section 16 of the Duluth City Charter.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this ordinance is to compel the city of Duluth, within 180 days of the effective date of this ordinance, to take all actions necessary to rezone the Lake 9 Parcel to the Park and Open Space District (P-1). In addition, following the effective date of this ordinance, the city of Duluth shall not rezone the Lake 9 parcel to any classification that authorizes private residential, commercial, industrial, hospitality, or mixed-use development unless approved by a majority of the voters voting on the question at a City election.