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I <br />I <br />I <br />I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />REQUEST TO REZONE CERTAIN PROPERTY FROM R-1 RURAL RESIDENTIAL <br />TO R-I URBAN RESIDENTIAL; CASE OF K. C. LAND COMPANY <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />K. C. Land Company is requesting a rezoning of property located north of 153rd Avenue NW <br />and west of Sunfish Lake Boulevard proposed to be platted as Alpine Estates. The rezoning <br />would facilitate the development of single family urban lots on the 21 acres. <br /> <br />Notification: <br /> <br />Staff notified property owners in excess of the 350 foot minimum of the public hearing <br />conducted by the Planning Commission on April 1, 1997. <br /> <br />Observations: <br /> <br />The adjacent parcels to the north are zoned rural residential. The parcel on the south side of <br />153rd Avenue NW is a park. <br /> <br />At the time the City Council reviewed the preliminary plat for Alpine Estates, certain residents <br />raised the following issues: <br /> <br />a) Was the Municipal Urban Service Area (MUSA) expansion initiated in 1993 and approved in <br /> 1995 properly adopted? If not, Alpine Estates may not be in the MUSA and eligible for <br /> development at urban standards.. <br />b) Does the City have to formally rezone property from rural to urban when it is brought into <br /> the MUSA? If so, then the plat of Alpine Estates needs to be formally rezoned. <br /> <br />In response, the City Council directed the City Attorney to review these issues and advise <br />accordingly. <br /> <br />On March 18, 1997, K.C. Land Company initiated a rezoning application in the event the City <br />Attorney determined a rezoning was necessary. <br /> <br />On April 1, the Planning Commission conducted a public hearing and on April 7 they moved to <br />continue the public hearing until the next regular Planning Commission meeting on May 6, 1997, <br />at which time there should be a decision from the City Attorney regarding the need to formally <br />rezone the property. <br /> <br />On April 8, the City Attorney and consulting attorneys reported to City Council that the <br />Comprehensive Plan Amendment that expanded the MUSA to include the subject property was <br />properly adopted by the City. <br /> <br /> <br />