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I <br /> I <br /> <br />I <br /> <br />CASE # <br /> <br />REQUEST TO REZONE PROPERTY FROM R-1 RURAL RESIDENTIAL TO R-1 <br />URBAN RESIDENTIAL; CASE OF GOOD VALUE HOMIgS AND JAKE BARTHOLD <br />By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />Good Value Homes and Joke Barthold are requesting a rezoning of property proposed to be <br />platted as Apple Ridge to facilitate the development of single family homes. Owners of adjacent <br />land not included in the Apple Ridge plat have joined in the petition for rezoning for a total of 70 <br />acres to be rezoned. <br /> <br />Notification: <br /> <br />State statute requires notification of the public hearing to owners of property within 350 feet of <br />the subject property. Staff sent hearing notices to owners of property in excess of the 350 foot <br />requirement. <br /> <br />Observations: <br /> <br />The adjacent parcels to the north, south and west are zoned rural residential. <br /> <br />At the time the City Council reviewed the sketch plan for Apple Ridge, certain residents raised <br />the following issues: <br /> <br />a) Was the Municipal Urban Service Area 0VlUSA) expansion initiated in 1993 and approved in <br /> 1995 properly adopted and did it include all of the property proposed to be rezoned? <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 Apple Ridge 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 4, 1997, Jake Barthold initiated a rezoning application in the event the City Attorney <br />determined a rezoning was necessary. <br /> <br />On April 1, the Planning Commission conducted a public hearing and moved to continue the <br />public hearing until the next regular Planning Commission meeting on May 6, 1997, at which <br />time there should be a decision from the City Attorney regarding the need to formally rezone the <br />property. <br /> <br />On April 7, the Planning Commission met to continue business from the April 1 agenda. They <br />tabled action on Barthold's request for rezoning until May 6, at which time the public hearing <br />would be reconvened. <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 was properly adopted by the City. <br />Whether or not all of the property proposed to be rezoned was included in that MUSA expansion <br /> <br /> <br />