Resolution - #01-12-426 - 12/11/2001

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Subject to an easement for driveway over a portionof the south 5.00 feet of the east 100.00 feet of the above described land, as measured at a right angle to and along the south line thereof. (the "Subject Property") 2. That the Planning Commission conducted a public hearing pursuant to Section 9.03.03 of the City Code on November 5, 2001, and said public hearing was properly advertised, and the minutes of said public hearing are hereby incorporated by reference. 3. That the total area of the property to be rezoned is approximately 14.08 acres. 4. That the proposed rezoning is located within the Metropolitan Urban Service Area (MUSA) boundary. 5. That the Subject Property is currently zoned B -1, Business. 6. That the current Comprehensive Plan identifies the Subject Property for development with commercial uses. 7. That the Applicant has submitted a general development plan that proposes to develop the property with townhomes at a density that will not exceed 7 units per acre as established in the R -3 Urban Residential district. 8. That the proposed zoning amendment will not substantially adversely impair the use or market value of any surrounding property. 9. That the proposed zoning amendment will not change the essential character of the area. 10. That the existing road infrastructure will be capable of accommodating, in a safe manner, the additional traffic to be generated by the rezoned property. 11. That the proposed rezoning will be a benefit to the Community as a whole. 12. That the proposed rezoning and development of the property will require a Comprehensive Plan amendment to expand the MUSA boundary to include the subject property. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hendriksen, and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamec Councilmember Kurak Councilmember Hendriksen Councilmember Anderson Councilmember Zimmerman RESOLUTION #01 -12 -426 Page 2 of 3