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City Attorney Goodrich replied that the opinion the Council has received in regards to the <br />effectiveness of the Charter amendment would also be the same for the traffic generation <br />analysis. <br /> <br />Community Development Director Frolik stated, that she was not sure if they added the language <br />to City Code regarding the traffic generation analysis, but staff does feel it is good policy to <br />require the analysis. <br /> <br />City Attorney Goodrich reviewed the language of the Charter Amendment, but noted that the <br />City Council, through legal recommendations, found that Chapter 14.2 is not valid under State <br />statutes. <br /> <br />Councilmember Kurak noted that the property is governed by a Court order and judgement. <br /> <br />City Attorney Goodrich explained that the City is under a Court order dated may 8, 2001, which <br />he reviewed. He noted that the City cannot place any density control on the property that did not <br />exist as of May 15, 2000. <br /> <br />Councilmember Hendriksen inquired if the Council had passed a density transition ordinance <br />prior to that date, would it have been in effect. <br /> <br />City Attorney Goodrich replied that he Was not sure how the Court would have ruled on that <br />issue. <br /> <br />Councilmember Kurak stated that in the 1995 Comprehensive Plan, the property was zoned R- <br />1R and it was Court ordered to be zoned as R-1U. She inquired what the lot size requirements <br />were under the R-1 U zoning. <br /> <br />Community Development Frolik replied that the minimum lot size would be 10,800 square feet. <br /> <br />Councilmember Kurak stated that they as a Council cannot change that minimum requirement <br />because density transitioning is not permitted on this parcel because of the Court order. <br /> <br />City Attorney Goodrich replied that was correct. <br /> <br />Councilmember Hendriksen inquired if in the 1995 Comprehensive Plan doesn't it permit <br />platting in the R-1U district to be one acre lots. <br /> <br />Community Development Director Frolik replied that it is City Code that the lot size is a <br />minimum of one acre without City sewer and water under the R-1U zoning regulations. <br /> <br />Councilmember Hendriksen stated that the developer could choose to plat anything above the <br />minimum and they can make lots of one acre in size without sewer and water. <br /> <br />City Council/September 11, 2001 <br /> Page 9 of 23 <br /> <br /> <br />