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Commission reviews city-council-imposed 30-unit rental cap in development agreement
Summary
Commissioners discussed a city-council edit that set a 30-unit maximum for rental units in a development agreement for property near 2700–2800 West and 1200 South; staff said the cap is enforceable through a binding contract and was negotiated with the developer.
Commissioners examined a city-council edit to a development agreement that sets a 30-unit cap on rentals for a proposed residential development near 2700–2800 West and 1200 South.
Bill, a city staff member, told the commission the council removed language that had allowed HOA flexibility and instead placed a hard maximum of 30 rental units in the agreement. "They struck out everything that talked about the HOA there, being able to do this under extenuating circumstances and just puts 30 rental units for the maximum," he said. He added that the figure was the result of negotiation: "They negotiated it with the developer." The staff explained the cap is enforceable under contract law because the developer and HOA would be bound by the agreement.
Commissioners asked how the 30-unit cap compares to the total number of units; one commissioner noted it represented about 15 percent of the project’s total units. Commissioners also asked whether rentals would be short-term; staff said short-term rentals of less than 30 days are not allowed under the code and that there is no automatic time limit on the permitted rental units.
No formal amendment to the development agreement was adopted at the meeting; the item was returned to the city council as presented for any further instruction.
