24 May 2024
DULUTH — Several Hawk Ridge residents have come out strongly against a proposal to rezone a piece of land below Skyline Parkway and just above Amity Creek to allow for the construction of a new type of housing development.
But despite those objections, the project, dubbed Bald Eagle Estates, appears headed to a fateful Duluth City Council vote Tuesday night.
The would-be developer, Nick Ericson of Newhaven LLC, seeks to have about 4 acres of land rezoned from its current low-density R-1 designation to Residential-Planned, opening the door for higher-density development. He says the proposed design of the development would feature modest-sized quarters, where residents would make use of shared parking facilities and other amenities. Ericson contends this would allow for clustered construction of homes in a fashion that would minimize impervious surfaces and avoid infringing on any sensitive parts of the landscape. The area is highly valued for the scenic views it affords, as well as Amity Creek, a designated trout stream that flows through the area.
Plans call for about 1 acre of the property to be left as public green space.
But many residents remain unconvinced Bald Eagle Estates will make for a good neighbor, citing impacts it could have on local traffic, possibly spoiled natural views and negative environmental impacts on Amity Creek, which already is considered an impaired waterway.
The Duluth Planning Commission sought middle ground by recommending the zoning change be approved but construction be limited to no more than six units per acre of land in the tract, allowing for up to 18 homes on the 3 acres to be developed.
But at large Councilor Lynn Marie Nephew proposes to amend that zoning ordinance to allow for up to eight units of housing per acre of land in the development, or 24 total homes, in keeping with what city planning staff had originally recommended.
Ericson has suggested that the development would likely not be financially feasible on any smaller scale.
Nephew is expected to introduce her proposed amendment when the City Council meets Tuesday, May 28. If her proposal garners majority support, the amended ordinance would then revert to a first reading, meaning it would not be eligible for a final rezoning vote until the council meets again on June 10.
If Nephew’s amendment fails or is withdrawn, however, the council could act Tuesday on the zoning change, as proposed by the planning commission, at six units per acre or 18 total.
The mix of housing could include single-family dwellings, cottage homes and townhomes, under Nephew’s proposal. Accessory dwellings would not be allowed but other permissible accessory uses would include garages and parking space for temporary storage of recreational vehicles or boats, a community clubhouse, a maintenance building, recreational trails, solar and/or geothermal systems and urban agricultural uses.
At large Councilor Arik Forsman asked Nephew if the amount of housing she proposes is essentially on par with what’s allowed under the current R-1 zoning, just more tightly clustered into a smaller footprint, and she agreed with the accuracy of that characterization.
Nephew said she believes the project actually will prove less detrimentally impactful than the original R-1 designation would allow due to the development’s relatively modest footprint. The developer has suggested most housing to be constructed would fall within the range of 900- to 1,200-square feet in size, making the units much smaller than conventional homes.
The maximum height of the buildings would be limited to 30 feet, except for dwellings where parking is tucked underneath the structure, to minimize impervious surfaces. In such cases, Nephew proposes the height cap be increased to 35 feet.
In return for the flexibility of R-P zoning, the developer will be required to provide “a public benefit,” and in this case that would be the expectation that 30% of the land Newhaven owns will be preserved as public green space and will also be used to help provide improved access to area trails, said Chad Ronchetti, director of Duluth’s planning and economic development division.
Ken Loeffler-Kemp, who lives just south of the proposed development, remains unconvinced of any likely public benefit, however. He said the agreement amounts to “greenwashing,” since the green space to be held in conservation is unbuildable property, due to challenging terrain and required setbacks.
He also questions whether there will be adequate public transparency and oversight of the pending development, suggesting it would be better left with the protections of its current R-1 zoning.
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