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Mr. McDilda noted that the City Attorney had not been formally asked for a legal opinion on the <br /> <br />issue. <br /> <br />Councihnember Hendriksen inquired as to what the agenda items were presented to the Planning <br />Commission in January. <br /> <br />Principal Planner Trudgeon replied that a public hearing was held for preliminary plat approval <br />and rezoning. <br /> <br />Councihnember Hendriksen inquired as to what had been changed since the Planning <br />Commission addressed the issue. <br /> <br />Principal Planner Trudgeon noted that the only thing that has changed is that the developer has <br />chosen to not proceed with site plan approval for the apartment complex. <br /> <br />Mr. Black stated that when he was before the Council previously, he presented a planned unit <br />development and was told to follow the land use plan and reduce the density. He has done those <br />things, as recommended by the Council, and was there before the Council requesting a re7.oning <br />that complies with the City's Comprehensive Plan. <br /> <br />Councilmember Zimmerman replied that he felt that there were still issues to be worked out with <br />the development. He recommended developing a plan that would incorporate the concerns of the <br />residents so that everyone would know what would occur in each zoning district. He felt that the <br />development should be done as a planned unit development. <br /> <br />Mi'. Black stated that he did not intend on going through the planned unit development process. <br /> <br />Councihnember Kurak pointed out that the zoning requested complies with the City's most <br />recent Comprehensive Plan and recommended that they review the findings of fact and move <br />forward with the issue. <br /> <br />Councilmember Hendriksen noted that on the preliminary plat map that was included with the <br />case, it did not appear that the area being requested for medium density matched with the <br />approved Comprehensive Plan. <br /> <br />Principal Planner Trudgeon reviewed the layout of the proposed densities and what is included in <br />the approved Comprehensive Plan. He noted that a portion of the townhomes would be <br />constructed within the high density zoning. <br /> <br />Mayor Gamec reviewed the findings of fact and the majority consensus was to remove <br />"apartment nnits" from Finding #7. <br /> <br />City Council/February 12, 2002 <br /> Page 12 of 33 <br /> <br /> <br />