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Regular City Council Meeting 10 Monday, December 13, 2010 Page 8 all parcels on the southern portion of Har Mar Mall COMMUNITY BUSINESS. Mr. Trudgeon advised that currently a portion of the southern Har Mar Parking lot was zoned R -1, with the area adjacent to Cub Foods designated B -1 -B. Mr. Trudgeon noted that, following many discussions by staff, the public and the City Council, staff retained their position to modify the zoning in compliance with the Comprehensive Plan, with no recommendation to change the Comprehensive Plan. Mr. Trudgeon advised that the standards applied in the existing SHOPPING CENTER DISTRICT remained the same in the COMMUNITY BUSINESS chap- ter with the exception of the current forty foot (40') buffer changed to twenty feet (20') to accommodate other typical sites zoned COMMUNITY BUSINESS. Mr. Trudgeon advised that it was not staff's intent to give the impression that they were supportive of reducing existing standards; however, they would support re- vising language for those standards for a "minimum of 20' 40' as determined by the Community Development Department;" and referenced that portion of Chap- ter 1011. PROPERTY PERFORMANCE STANDARDS (page 35 of the Decem- ber 13, 2010 draft), Subsection E (Business and Commercial Uses). Mr. Trudge on provided a summary of the average buffer area currently surrounding Har Mar Mall, and reiterated staff's consensus that they were not recommending changing that buffer area, but attempting to address other COMMUNITY BUSINESS sites throughout the community as well. Mr. Trudgeon reminded Councilmembers that this zoning map amendment, along with the other twelve (12) properties recommended for up- zoning throughout the community, required a super majority (4/5) vote of the City Council. Considerable discussion was held by Councilmembers and staff related to the cur- rent buffer zone language; suggested revisions to that language; buffer area be- tween the Mall and single family residential properties on the southern end of Har Mar; protections afforded the neighborhood by the additional 20 -40' buffer area language; with staff clarifying that the only residential development that could occur under the new zoning to COMMUNITY BUSINESS would be for residen- tial above retail establishments. Further discussion included the process for any land use applications received and those processed at a staff level versus those brought forward to the City Council; with Mr. Trudgeon reiterating the appeal process available for any administrative determination coming before the City Council, and noticed as a public hearing, as well. Mr. Trudgeon clarified that the only PUD for the Har Mar Mall area was for the D'Amico and Sons and Chianti Grill restaurant uses; with no other specific agreements under which the Mall currently operated. Mr. Trudgeon further noted that operations have been carried forward in the proposed code for all business districts, not just the former Shopping Center District.