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Subject to an easement for driveway over a portionof the south 5.00 feet of the <br />east 100.00 feet of the above described land, as measured at a right angle to and <br />along the south line thereof. <br />(the "Subject Property") <br /> <br />That the Planning' Commission conducted a public hearing pursuant to Section 9.03.03 of <br />the City Code on November 5, 2001, and said public hearing was properly advertised, and <br />the minutes of said public hearing are hereby incorporated by reference. <br /> <br />That the total area of the property to be rezoned is approximately 14.08 acres. <br /> <br />That the proposed rezoning is located within the Metropolitan Urban Service Area (MUSA) <br />boundary. <br /> <br />That the Subject Property is currently zoned B-I, Business. <br /> <br />That the current Comprehensive Plan identifies the Subject Property for development with <br />commercial uses. <br /> <br />That the Applicant has submitted a general development plan that proposes to develop the <br />property with townhomes at a density that will not exceed 7 units per acre as established in <br />the R-3 Urban Residential district. <br /> <br />That the proposed zoning amendment will not substantially adversely impair the use or <br />market value of any surrounding property. <br /> <br />That the proposed zoning amendment will not change the essential character of the area. <br /> <br />That the existing road infrastructure will be capable of accommodating, in a safe manner, <br />the additional traffic to be generated by the rezoned property. <br /> <br />11. That the proposed rezoning will be a benefit to the Community as a whole. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />Hendriksen, and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />Mayor Gamec <br />Councilmember Kurak <br />Councilmember Hendriksen <br />Councilmember Anderson <br />Councilmember Zimmerman <br /> <br />RESOLUTION #01-12-426 <br /> Page 2 of 3 <br /> <br />-179- <br /> <br /> <br />