City Council Minutes 2016 04 19 - Laserfiche WebLink

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City Council Meeting Minutes April 19, 2016 Page 3 of 17 developments wanted to redevelop, under the current rules, they would have to apply for a new Planned Unit Development (PUD) and a new Special Review Use (SRU). Staff wanted clarification from Council if the direction was to remove the possibility existing residential properties could redevelop as new residential properties. Would they lose their right for residential use or would they be grandfathered in and keep existing rights to their current residential density. Mayor Muckle called for Council questions COUNCIL QUESTIONS Council member Loo asked City Attorney Light to comment on the legality of the changes if a person had a previous understanding of what they could do. City Attorney Light noted for those who have taken a development proposal and implemented by obtaining building permits, they have a lawful use or a lawful non - conforming use depending on the codes. He stated the adoption of the small area plan is not regulatory. Staffs desire for direction is on the next activity, for possible legislation to implement the small area plan. If the vision is to not to allow SRU's for residential, staff would work on regulations to provide for that. Approval of the small area plan is not changing the zoning code. He laid out some hypotheticals and noted it would depend on the legislation coming out of implementation of the small area plan. If the Council wanted a regulatory mechanism to move existing residential upon redevelopment to a different use, there would be some overlay regulation like the mixed use regulations for the Hwy. 42 area. Implementing certain uses in the future could no longer occur. Another regulatory approach would be considering uses as they are now but state if you prohibit residential they become legal non - conforming uses and then decide if there is a grandfathering concept to consider. Mayor Pro Tem Lipton sensed there was no intent to change existing entitlements, but under redevelopment could there be a limit imposed on what might be requested through the SRU. City Attorney Light stated yes, through some sort of regulatory change. The regulatory change would take place after the plan is adopted. Council member Loo asked if one of the developments named in the staff report has 150 units now and submits redevelopment plans, could legislation be drafted that would allow the same 150 units and then Council could determine the number of stories. City Attorney Light answered yes, this could be an option. He noted there would be any number of items where legislative action could be drafted Mayor Pro Tem Lipton hoped to give staff some general direction He asked if the possibility of SRU's could be removed or if there is some vested right under zoning for property owners to seek higher density through the SRU process.