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R egular City Council Meeting Monday, December 06, 2010 Page 26 Councilmember Ihlan expressed concern that those adjacent residents may be un- der a misconception, based on the number of "thank you" notes received by the City Council following previous discussions. Councilmember Ihlan opined that it was her understanding that the Har Mar property adjacent to the residential prop- erties would remain R -1. Staff advised that their understanding was not consistent with that of Council member Ihlan, and that the only way those properties would remain as currently zoned would be for a Comprehensive Plan Amendment to change to Neighbor- hood Business (NB) or Low Density Residential -1 (LDR -1); neither of which had been directed by the City Council or indications provided to those residents. Discussion ensued regarding the land use designation and zoning of the entire parcel and concerns of adjacent residential properties on the south of Har Mar that may be impacted by future redevelopment of the parcel or relaxation of standards; with staff assuring Councilmember Ihlan that the intent was to continue buffering those properties; and once the new code was adopted the old regulations would cease to exist and be replaced by new regulations, with everything in the new code applying to Har Mar, along with any mitigation requirements in place based on adjacent residential uses, and based on how any future proposals would come in and how those proposals met code requirements. Mr. Trudgeon noted the challenge of Har Mar designated as Community Busi- ness, and provided examples of other properties with similar designation (e.g. properties at the intersection of Larpenteur and Lexington Avenues) and how ap- plication of those standards would not apply there. Mr. Trudgeon noted that, if Har Mar was zoned Regional Business (RB), then greater standards could be ap- plied, such as a 40' rather than 20' buffer. Mr. Trudgeon advised that it was staff's collective opinion that the buffer could be accommodated without burden- ing other CB properties in other locations within the community with onerous standards that they could not meet for any redevelopment of their properties. Councilmember Ihlan expressed concern that the current Shopping District code and standing agreement, based on many years of negotiations and agreements to provide flexibility in meeting the needs of that residential neighborhood, would no longer be applicable or become violated under a set of standards across the en- tire City; no longer protecting the neighborhood. Staff advised that they were unaware of any Shopping Center Agreement, and that under the Planned Unit Development (PUD), and any amendments to that PUD, under which Har Mar Mall was developed and/or redeveloped, any modifications would require going through a PUD Amendment process. Staff advised that Har Mar Mall operated under two (2) separate development agreements for the site; with an amendment when the 24 -hour, Cub Foods use was approved, which re- quired heightened requirements, that were also in place in the Commercial Mixed