Loading...
HomeMy WebLinkAbout020915 CC MinThe City of West University Place A Neighborhood City CITY COUNCIL BTAFP Bob Fry, hi Michael Roo, City Msnegu swan Semple, Mayor Put Tem Nan Petrov. City ntlomcy Fit Hwih,Nu Couoollmember Thelma Lem, City Secrenry IQ,, hirsoq cerret member Dick Yehla Gbwoilmembx CITY COUNCIL MEETING MINUTES The City Council of the City of West Chiropody Place, Texas, hold a Regular Meeting on Monday, February 9, 2015, in the Municipal Building, 3800 University, West University Place. Texas beginning at 6:30 p.m. Agenda items are as follows: Call to Order. Mayor Fry called to meeting to order at 6:30 p.m. in the Council Chambers. Council and Staff in allendanw were: Mayor Pro Tom Sample, Commissioners Heatmotb Johnson and Yehle, City Manager Ross, Assistant City Manager /Public Works Director Ferfm City Secretary Lenz. City Attorney Petrov, Fire Chief Tallor, Assistant Fire Chief Novak, and City Planner Sopm ella. Members of the Zoning and Planning Commission and Gary Mitchell, AICP, Kendig Kaast Collaborative, were also present. Councilmember Yehle led the Pledge of Allegiance. Secretary Lenz ma-firmed that the Notice of the workshop and regular meetings was duly posted in accordance with the Texas Government Oaks, Chapter 551. 1. Public Comments This was an opportunity for citizens to speak to Council relating to agenda and non agenda items Alida Drews, 6112 Farnham, spoke regarding amendments to Chapter 66 of Me Code of Ordinances. She said she believes this is directed towards her, because when she wanted coffee at the Community guiding staff began lacking the doom and the Parks and Recreation Director O'Connor wrote a slanderous letter about her and told her not to use the Senior Center activities even though she is a taxpayer. She said Mr. O'Connor acts as If seniors are unwelcomed guests. She said he should not exclude seniors from the Senior Center and using the legal system to penalize a senior is discriminatory. Ms. Orews said me park bench in front of the Community Building was removed because she used the bench and he was mad bemuse she called the County Commissioner's once bemuse staff wouldn't do anything when the senior bus (Precinct Bus) caught fire. Chuck Marshall, 4142 Riley Street, spoke regarding the City's Master Planning mochurs and said he is opposed to Opfon 1, which is the property swap and relocation of Me Milton Street Maintenance Facility. He said the swap would only raise taxes, increase traffic and making, and add to future building costs and (financial) uncertainty. He said the City now has realities on three adjacent blocks bounded by University. Rice, College and Auden and said if me swap occurs the City counal Minutes, February s, 2015 City will have facilities in the same three blocks plus a remote maintenance facility at a location In be named He said if the swap occurs, after ten years the City would either have to pay unspeLrfed rent to the Church for the Citys relatively new (Public Works) administrative building or incur Me cosh of demolition and building a new administration building somewhere else if the lease is not reneged He said if the swap occurs the Cry would have to incur the cost of demolition of the Milton Street facility and spend $2.000,000, excluding land, ro build a new maintenance facility, away from City Center. He said on January 16, 2015, the City Council approved $600,000 for Rehabilitation of the Milton Street Facility Ground Storage Tank and said that money will be totally wasted if the swap occurs and the facility has to be moved elsewhere. He said the Ciys brochure outlines Options 1 and 2, swap or no swap, but ignores the many citizens concerns regarding the new Youth Facility. He said, as reported in the Village News, Reverend Parliament said [hat 120 students presently participate in the Youth Program and that the new Youth Canter will accommodate 240 students, so it doesn't seem likely that the Youth Center town would generally be the same as stated in Me brochure. He saitl the Citys brochure ignores the fact that the Church's right to build a Youth Facility on land it awns is not absolute and it could be subject to challenge in spite of the Federal law. He said he recommends that the o izens of West V reject both options, especially Option 1 (the property exchange), discourage Me church from building a Youth Center in West U, and encourage the church to consider an alternate location. He said the interest of West U and Its citizens should come before the immediate interest or convenience of specific institutions or individuals. David Dutch, 3901 Rice Boulevafd, spoke to say that he recently talked with one of Councilmembers and it became clear to him that he really hawl gotten through f c all of Council. He said he has seen the brochure, too, and the City has glossed over the parking issue again. He stated that he is not opposed to the Super Block or the Youth Center Facility, but he has been asking for transparency on traffcstudies. He said the church has indicated that they are going from the current capacty of 120 students to 240 students a couple of nights of week and the citizens want to know what that would do to parking. He saitl he is profoundly disappointed with every, ember of Council, the City Attorney and the City Manager. He saitl the citizens need to be engaged to discuss what the parking and traffic will be and he is getting really frustrated. There were no further comments from Me public at this time. 2. ISO Rating RecounlBOn Representatives from Insurance Services Office (ISO) and Me Texas State Fire Marshal's Office Will be presenting an award to the City in recognition of the new ISO Class 1 rating which becomes effective on February 1, 2015, Chief Taylor presented this item and said it Is a community rating with 50% being weighted on the Fire Department, 40% weighted on water supply (Public Works) and 10% weighted on Communications (PD Dispatch). He said the Fire Department would not have been able to achieve this rating without the support of those departments and the support of Council. He then introduced Jesse Williams, the Deputy State Fire Marshal and Philip Bradley, ISO Mitigation Manager both of who presented awards M Me City. Mr. Williams said ISO is a privately funded organization that evaluates the fire protection capabilities provided by the communities and is correlated into a classphoation on a scale of 1 to 10. Class 1 is the best classification that is recognized Mr. Bradley said 48,000 communities nation- wide are evaluated and of those 104 are Class Ones and 26 of those are in Texas. The rating became into effect on February 1, 2015 and residents can notify their Insurance companies of the Citys mtng in order to receive a discount on their insurance . 2 of 13 City Council Minutes, February 8, 2015 3. Amended Engagement Letter for Least Sarvices Matters related to approval of monetary amendment to the Letter Agreement between the City of West University Place and Denton Navarra Roche Bernal Hyde & Zech, P.C., for services relating to cite West University Baptist Church and Youth Center Initiative. City Manager Ross presented and said staff is recommending that Council increase the not-to- exceed amount for attorney Services from $10,000 to $14,000 to cover legal expenses thmugh the entl of this month. Councilmember Yehle moved to amend the Engagement Lefler with Denton Navarro Roche Bernal Hyde & Zech by $4,000 for a new not -to -exceed amount of $14,000. Mayor Pro Tern Sample seconded the motion. MOTION PASSED. Ayes: Fry. Sample, Johnson, Yehle Noes: None Abstain: HeaNOott 4. Amendment to the Code of Ordinances Matters related to approval of an ordinance amending Chapter 66 relating to Public Facilities of the Code of the Ordinances. At the request of the City Manager, Mayor Fry took Item 5 before this item. After the public hearing Council revisited this item and City Manager Ross presented. He stated this would amend Chapter 66 of the Code to strengthen the Chapter and include a penalty for violations of the ordinance. He said staff is recommending that Council declare this an emergency by approving the ordinance on the first and final reading. Councilmember Yeble spoke to say that he raised a concern to ensure that meetings such as this (City Council Meeting) would be undedered from the general nature of the ordinance. He said the adjustment has been included in the amended ordinance and he's happy with it. Councilmember Yehle moved to accept the amendments to Appendix A of Chapter 66, Article 1 and 2, of the Code of Ordinances as provided in the amended documentation and on first and final reading. Mayor Pre Tern Sample seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heatbced, Johnson, Yehle Noes: None Absent: None S. Joint Public Hearin Matters related to a Joint Public Hearing with the Zoning and Planning Commission (ZPC) to solicit public comments regarding pmposed amendments to the Zoning Regulations governing the Non - Single Family District areas in the perimeter and Town Center areas of the city. Mayor Fry opened the Public Hearing for Council at 6:54 p.m. ZPC Chair Richard Wilson, 3505 Robinhood, called the ZPC meeting to order at 6:54 p.m. Also present for the ZPC were: Mary Ann Jay, 6015 lake; Mike McEnany, 3428 University; Lauren Griffith, 4215 Riley, and Connie Clark, 4232 Sunset. 3 of 13 City Council Minutes, February 9, 2115 Chair Wilson briefly explained the process of the hearing and said Gary Mitchell with Kendig Keast Collaborative would walk through a PowerPoint Presentation that highlights flie proposed amendments to the Cade. Chair Wilson openetl the hearing at 6:59 p.m. and conformed with Clty Secretary Lenz that notice of the Hearing was given as required by the ordinance calling the Hearing. Mr. Mitchell gave his presentation and said his charge was to review the entire ordinance relating to everything that was not single - family debched homes. He said me presentation is segmented into three pads: Kirby Townhouse District, Town Center District, and gene al provisions (other ordinance updates and that comments would be received at the end of each segment. Mr. Mitchell said there were many meetings, including Town Hall meetings, focus group sessions, work sessions with the Steering Committee, and joint meetings with the Zoning and Planning Commission that led to Nis Public Hearing. He said ZPC must still make a final report to Cimi before Cannot can take final action. Mr. Mitchell emphasized that early in the process the term 'highest and bast near came up and he tried to make the point early on that mining is adding a bar, not what Me market would do if there were no regulations. He said in 2011, that bar was at a place not everybody was not comfortable with and there are definitely some "game changers" fmm the report in 2011, some being limits to building heights, less floor area, and limits to parking requirements. Mr. Mitchell said some of the basics of zoning are: • Trying to protect neighbors fmm what may happen across the fence. Uses of land. Building size, height and location. • Parking (of- street, how much). • Lighting and Noise. Mr. Mitchell noted that signs were not pal of this process and so, therefore, were not part of the discussions. Mr. Mitchell also talked about Nings that were considered, but not being pursued. Those things were: • Allowing even small3cale commercial uses in the Townhouse District along Kathy; or • limiting new Single - Family (SF) Ceteretl Homes l or • requiring a minimum number afadoining lots for 'unified, projects. • Allowing a parking structure, in Town Center District (or anywhere in the City). • Limiting under- building parking outside of Town Center. • Broader changes to current parking requirement. • Credits for on- street perking to meet offatrset requirements. • Changes to current process for approving shared parking. • City- initiated retuning of commercial parking areas in residential zoning district. • Adjustments t outdoor lighting regulations. • Greater focus on building designmea hetics. • Reducing "process' allowing more staff —level approvals. 4 of 13 City Cou cil Minutes, February 9, 2015 At this point, the first of three parts of the presentation was reviewed. Kirby Townhouse District (PDD -TH2) Mr. Mitchell said the first issue with this part is W rezone the remainder of one Workmen (2 building sites) string Kirby, between Tingley and Plumb, from PDD -TH2 to Commercial. He said Potbellys site was rezoned to Commercial in 2009 for that development Objectives of PDD -TH2 amendments: • Not open District to potential small -scale commercial uses given the extent of public feedback again this appoamb and the ZPC'a conclusion that such uses are not feasible with the lot size constraints and necessary residential protestors. Therefore, the Cry would need to make the District more feasible and attractive for intended Townhouse use and enable more efficient use of limited space on small and shallow sites. Mr. Mitchell noted that residents have said they would rather have a fairly large three -story home across the fence from them than a one -story small scale commeraal use, so he took that into account and came up with some of the specific proposed changes to make the residential lots more attractive: • Increase maximum framed area of Townhouse (sq. ft.) from 100% to 125% of lot size. • Reduce minimum rear yard and single - family bufieryard tram 20 fl. to 10 ft. • Retluce minimum dimension of in -garage parking spaces from 12 fl. x 25 ft to 10 ft. x 20 ft. (as in other districts). • Retain Townhouse parking requirement at 6 spaces per dwelling, but allowing parking in 'maneuvering area" just outside garage to count towards the required spaces. totalled to TH and all PDD-TH Districts] This endetl this portion of the presentation and Me floor was opened for public and Council comments. Cullen Evans, 5801 lake, spoke to say that he and his wife live in the house behind the area being discussed (behind Redid shack and the Kolache Factory). He said they purchased the lot in 2003 and recently built their dream house on d. He said they built a three -story house with the one -story commercial property in mind so it comes as a shock to find out what these plans entail. Mr. Evans said he wanted to go on recool Mat he and his wife like it the way h is and are against the proposed changes. Aleda Draws. 8112 Forc ham, spoke to say that she lives In the area also and said that she knew the people that use to live next floor to Mr. Evans' property and they always said the rats were coming through from the businesses and that criminals would rob the businesses over there. She said she down't think it is good for West University to have tall structures looking into other people's backyards and said Mr. Evans shouldn't have to be subjected to that in his dream home. Counalmember Vehle spoke to say that he observed Mat the changes to the commercial status for Mat one block would result In one -story buildings if existing buildings were redeveloped. Mr. Mitchell responded Mat the TCC District does allow for taller buildings, but every conclusion from everyone who has looked at those sites is that it could never be done because there is not enough space and parking could not be accommodated. 6 of 13 City Council Minutes, Febuary 0, 2015 Councilmember Yehle said he thinks Mr. Mitchell has done a good job and supports what is being proposed. With no further comments from the public regarding that portion of the presentation, Mr. Mitchell began presenting the next segment relating to the Town Center Commercal (TCC) District. Town Center Commercial TCC) District Mr. Mitchell began by saying that he was asked well in the process his perspective on the 2011 recommendations regarding the Town Center and he said they were technically sound. He said what was proposed in 2011 would have worked, but that is not what zoning is about. He said it Is about where you sat the bar. Mr. Mitchell said the proposed changes to the TCC District ordinance are: • Make the allowed uses in TCC more restrictive than the current situation. The current zoning, because it is Commemial, Is the same zoning as what applies in the perimeter areas being the major edge streets, so these amendments will change the use allowances specifically for this District recognizing that it is in the middle of the City and near schools and homes. • If the buildings are rebuilt. • Requiring them to be within front 60 ft of site. • Minimum front yard retluced from 30 W 10 ft. • Active uses required at ground level, with no elevated structures or under - building pending. Why make these changes? Together they would improve pedestrian and bicycle safety, promote a more walkable, storefront oriented setting with a sidewalk along the fronts of buildings, and make outdoor seating areas more attractive. Minimum rear yard increased from She 25 ft. • Principal buildings limited to 2 stories p5 ft.) in height (including any rooftop equipment) • Dense vegetative screening required at rear along Poor Fann Ditch. Why make these changes? Together they would limit the intensity of uses in Town Center, not only by disallowing remain uses, but also by restricting their size, plus not penniffing a parking garage. He said it is also reduces overall parking demand in Town Center (compared to the 2011 plan) by limiting building floor area and it increases separation from nearby homes and provide a buffer to reduce noise and It impacts. • Minimum open and pervious area on sues reduced from 15% to 1g% to Inmate more on- site area for parking. Parking areas exempted! from interior landscaping requirement, due to limited space for parking. • Customized parking standard applied to all new buildings in TCC (2.5 off - street spaces per 1,000 sq. fl. of gross floor area). Mr. Mitchell pointed out that the reason for customized parking is because the Steering Committee recognized that typical parking requirements In ordinances am for "suburban" 6 o 13 City Cauncil Minutes, Febuary 9, 2015 commercial scenarios where few patrons walk or bike, and people drive greater distances to their destinations. Mr. Mitchell said the dilemma today is that the existing square footage in Town Center is approaching 48,000 square feet and a those uses were rebuilt today, because of the parking requirements especially, only 24,000 square feet would be allowed. He said so when people say they like it the way it is, they should understand it can't be rebuilt the way they like it. It doesnY work under the zoning rules. He said the objective of the Stashing Committee was to by to match the current parking supply, so the proposed Code provides for 48,000 square feet of allowable buildings, which results is 8 spaces more than exist today. • Any new or replacement rooftop mechanical equipment must be accommodated within and not project above the maximum building height (35 ft.). Equipment must be fully screened from off -sae and stmetmWI views using a mei consistent with the building's design and colors. This change is for the TCC and all Commit Districts. The purpose of this change is to reduce noise and visual impacts on nearby residential and to enhance Town Center aesthetics. • Requires any new construction on the Edles block be consistent with the look (building materials) of the churches, the school, and governmental facilities in the Town Center area. Also requires use of steel or reinforced concrete for all structural framing. The purpose of this is for consistent appearance and quality of development. • Adds new avenue for rebuilding in TCC after a disaster and mountain 'prior nonconforming" (PNC) status. The current dilemma is that if major reconstruction or rebuild is attempted, the builder would have to meet today's standards. • The Zoning Board of Adjustment (ZBA) may issue a Special Exception to allow structures in the TCC District to be rebuilt substantially as they existed at the time of loss to casualty, if it finds Nat: Rebuilding is necessary to avoid substantial economic waste and economic • hardships; • There will be no substantial adverse effect from the rebuilt structure; and If the square footage is substantially the same. • The ZBA may also require more off - street parking than existed at the time of lass, but not in excess of the current applicable parking requirement in the TCC District. Mr. Mitchell said the question being put before everyone today, which the ZPC would need to consider further, is Chet in addition to linking parking considerations to the rebuilding approval, should compliance with other new standards potentially be required. • Setbacks and building location on site? • Rear buffering/screening? • Screening of rooftop equipment? • Consistent building materials? This ended the presentation on the TCC District and the floor was open for public comments. Before hearing any comments, Chair Wilson made a statement about what he thinks the ZPC has tried to accomplish with the Town Center and what the process and thinking was that got them to the current proposal on the table. He said none of the properties in Town Center comply with the 7 of 13 City Council Minutes, February 9, 2015 went ordinance, but they all predate the ordinance and are grandfafhered. So, in event of a loss, no one mould rebuild what they have which is probably not a good idea and residents who came to speak at ZPC meetings agreed with that He said people would be so limited in what could be rebuilt as a general matter that Me fear was they wouldn't rebuild. Chair Wilson said a few years ago (2011), a Committee produced a very comprehensive report about Town Center, but it was ultimately defeated and it was his sense, as well as most of those on the current Committee, that the principal problem with chat progress was that it allowed (1) three - story construction, and (2) a parking garage; so, those two things were immediately removed from the current proposal. He said fine current Committee also lowered the height requirement to 35 feet, which includes any type of screening for rooftop equipment. Chair Wilson said throughout the process at various meetings, the Commission gat the strong sense that people felt that the Town Center is fine the way it is and think people should be able to rebuild what they have in the event of a loss, but that they really don't want an increase in commemial development in Town Center. He saitl the ZPC took that to heart antl tried to de0se an ordinance that prohibits additional aggregate development of commercial property in Town Center and tries to maintain the status quo. Chair Wilson said most residents felt that Me area is already congested enough and additional development would create more problems. He said the lever the ZPC is using W try to central the total square footage allowed in that area is the parking requirement and he thinks this proposal achieves that. At this time, the floor was open to comments from the public and Cfly, Council: Vernon Tygeq 2932 Wroxton, spoke regarding parking and said that comedy there are 4 spaces required per 1,000 square feet for office buildings, 10 for physical fitness uses and 10 for understand uses, and the proposal is 2.6 spaces for any use. He said an unintended consequence of that could be increased development in certain areas. He said some people think that the current 6 spaces per 1,000 square feet may ba adequate. He said if assumed that the 6 per 1,000 square feet is adequate and someone builds with just 26 per 1,000 square feet, there would be 43 additional cars to put somewhere; so, the question is where would they go? Mr. Tyger said this is predominarby a residential community and it shouldn't "let the tail wag the dog". He said any changes should benefit the community as a whole and changing Section 10-100 of the Code to allow 2.6 spaces as a minimum for any use may cause problems in the future. Brennan Reilly, 3731 Rice Boulevard, spoke to say a lot of the focus on the change is that 'if these properlas were destrai how would you rebuild them?" He said a special exception process has been added to the proposal, so given that process he is not sure that a substantial decrease or mods iation of the current parking rules for this area is needed. He said make it the same as other commercial areas. Regarding the school and the fact that it ocean 't conform to parking, he said obviously most of the parking spaces across the street during schcol dropoff and pick -up hours and throughout the day are used for school parking. He asked what if are school burned down and had to be rebuilt? He said those spaces are needed far that school just as much as they are needed for those businesses and W the extent that more off- street parking is allowed for businesses, the school will be affected so he thinks the ZPC needs to consider more than the disaster scenario. Mr. Reilly said he assumes that the numbers in the table are based on the existing use of the properties, but the use of those properties may change dramatically, so M the folks at Compass Bank decide they want to have a performance hall, which is currently subject to i parking space per 4 seats, a performance hall an hold a lot of seats and there may be not just 50 g. 6911 City Council Minutes, February 9, 2015 spaces needed, but rather hundreds of spaces needed under the current rules. He said some of the businesses, by coincidence, have an historical use that doesn't necessarily cenfiid with the school, but that is not guaranteed for all Mae. He said another fitness center with intensive paging needs on these properties would damalically affect the amount of packing on the 3800 and 3700 blocks of Race Boulevard. He urged the ZPC and City Counal not to modify the parking requirements. He said there is another anomaly in the general parking code. He saitl currently, houses of worship are not required to have as many parking spaces as theaters and auditoriums. yet they have about the same amount of parking needed and that should be changed so they are subject to the same parking requirements. Steve Brown, 3305 Rice Boulevard, spoke to say that as a whole he strongly supports the proposed Improvements to West U's Commercial Zoning. He said it has been a long and difficult task and he is very pleased to see it reaching the final stages of review. He said he has one consumer regarding the Town Center. He said he thinks the possibility of a Special Exception allowing structures in the TCC District to be rebuilt substantially as they seemed at me time of loss or casualty is not a good idea, at least not as it is presently written. He said as it is written now, it could be built as an -as -was" situation with head -in parking, which would not be good or safe and the (future) streatsrape as a whole would be destroyed and would lessen the desire for anyone to rebuild. He said he hopes the ZPC would rethink this provision very carefully and hopes it will delete it from its final report to Council. Mr. Brown thanked all who have worked on the Commercial Zoning update, especially the members of the 2010 -2011 Town Center Art Hoc Committee, in particular Bruce Frankel who shepherded that procedure along and came up with Me ideas (along with the Ad Hoc Committee) for the Town Center which are incorporated in this proposal, though some have been modified. He said last, by no means least, he recognized City Planner Debbie Scandals as this could not have been achieved without her hard work and patience. may Kelly, 3319 Georgetown, spoke to say that he was on the ZPC in 1979 and said one of things that kept blindsiding them in those days was the unintended consequences of their actions. He said on Plumb (at Kathy) there are 4lots that are not built -out, which is due to actions of the ZPC when he was a member. Regarding the Town Center, Mr. Kelly said it would have been vary helpful had the documents diluted! to this item had been available at the Municipal Building as was stated in the newsletter that came with the water bill. Mr. Kelly said he owns about 10 buildings in the area that are all about 50 more old and if there was a fire in some of them, he would have to rebuild something a whole lot smaller than what is there now, so he suggested that ZPC be mindful of the exception to rebuild it the way it was. He said as a developer they (devalopers) know that theywill have to do something different. Bruce Frankel, 8130 Annapolis, said he echoes what Mr. Brown saitl and thanked Council for spending the money to hire the consultants. He saitl he thinks they did a phenomenal job, as well as the ZPC. He said this is a topic that he is very passionate about and knows change is hand, but change is good because It means progress. He said he remembers in 2009 when Mere was a rezoning of the Shipley's rumors site on orby for Potbelly's and everybody thought there would be massive traffic and fresh on lawns, etc. He as Of everybody is always concerned about the 'met if but the practicality Is the Potbellys is a beautiful first Gass building that she at one or the gateways to the City, the parking has never spilled out onto Tangley, and there has never been fresh on Tangley. Mr. Frankel saitl the proposal has been incredibly thought out and thinks that this is a great report and is the best proposed changes that will ever come ford, antl he urged Council to approve them and move forward. Mac Jensen, 3714 Plumb, spoke b say that anytime a commercial area is redeveloped, it is probably done in order to make it more attractive and appealing for people and to him that means 9 of 13 City Connor Minutes, February 9, 2015 more use and his concern is traffic, He said he cant help but think that regardless of trying to limit it by the parking, there is going to be more traffic through the area, because people will not redevelop unless they think it is going to happen. He urged Council not to do this. Spirits Maragos, 5932 Auden, spoke to say that many owners have come and gone in the Town Center and all knew what they were getting into He said since 1888, there have been a total of 20 real estate transactions. He said the most recent Town Center sale was in August of last year and obviously the new owners were not deterred by the possibility of rezoning under the current zoning laws. He said it seems that the City and the ZPC are more concemed about the restrictions in Town Canter redevelopment than the owners of me Town Center themselves. Mr. Mangos said the owners have voted with their pocketbooks and based on that the verdict is they are comfortable with the warent zoning miss as they are. Ali Draws, 6112 POrtlham, spoke to say that after going to some of the meetings she visited the Town Center and went to Edi Street Deli where there is absolutely no parking. She said she did see a tree and street light on City property, so doesnt see how they are expected to have parking if me City has obstructions there. She said if the parking is behind the buildings, she doesn't know what would be done with all me dumpslers. She said the City needs those little quaint areas and V there isn't parking, people will have to walk further to park. Mr. Larry Kelly, 3319 Georgetown, spoke again to say that he is embarrassed because he wasn't prepared because he couldn't find the irhantation. He said the citizens have constantly been under - informed and said though there have been good efforts to change that, he would really have liked to have the information regarding this issue beforehand. Sharon Gran, 2617 Sunset, spoke regarding the zoning of Sunset at Kirby. She said that area is designated as light commercial and has been like that for same time. She said if this rezoning is redone she wants to make sure Mat people will still need a permit in order to have access to the streets directly from the comme coil area that will be there. Chair Wilson informed Ms. Graff that the portion of Kirby that is impacted by the proposed ordinance amendments does not include the block to which she's referring. That concluded the public comments from the audience and now comments were provided by Council. Councllmember Dick Yehle said with Mr. Brown's assessment of the PNC situation, he encouraged that people focus on the things that are driving the exercise which is partially looking ahead at a potential disaster situation and not being forced to making zoning decisions under duress, but also recognizing that some of the proposal addresses improving the streetscepe by ensuring a serviceable sidewalk, by moving the parking to the rear If the PNC status is allowed to continue, it would destroy the whole value of what is being done. So, as Me Commission continues moving forward, he suggests that it at least keep those goals in mind. Counolmember Yehle observed that In the costs, there are changes to the dimensions of parking spaces, which he's sure is good planning, but he is not sure if it applies to lust Town Center or the whole city. He said if it applies only to Town Center do what you will, but if it applies to the whole City, he thinks the Committee needs to look carefully of the consequences it could have R someone had to redesign parking areas, possibly losing parking spaces. 10 of 13 CRY Council Minutes, February 8, 2015 Chair Wilson said parking comes up in the final section, which is general requirements and will be addressed at that time. Mayor Pro Tom Sample asked if a catastrophe is a tonditoo precedent" to building to Me front and parking to the back. Chair Wilson said t an owner decided to do new construction, the new standards would apply. Mayor Pro Tom Sample said in that case, the catastrophe paragraph is not needed and would just be excess language, assuming the amendments are approve& Chair Wilson said the paragraph was to address the concern that someone would be able to rebuild what is there today. Mayor Pro Tern Sample said someone woultl be able to build that way it is under the new Code, so she doesn't see the need for the catastrophe paragraph since it doesn't allow rebuilding on the same footprint. Chair Wilson said the problem is Mat if there is a major loss to a single building, does Ma City want to drive one building out to Me street when every other building is still set back? He said any of this concern about rebuilding in the event of a less was largely driven by the fact that everybody who appeared before the ZPC unanimously felt like people should be able to rebuild what they have rather than only building half of what they have So, the idea is that t half of the buildings in Town Center are lost In order to rebuild they would need Special Exceptions, which means going before the ZBA and other processes, and with Mat kind of loss it gives ZBA the power to require compliance with all of the new Town Center zoning provisions. He said but if there is a kitchen fire at Edloe Deli resulting in 51% damage to the property, does it make sense to require them to rebuild in a fashion out of harmony with the rest of Town Center. Mayor Pro Tom Sample said she understands what is being said but feels that the catastrophe paragraph is a short -term pause because what it is trying W do is encourage someone to come in and redevelop a unified steetscape, so that is not needed because there is the unified streetses pe and if one building burns it would still have M go with the unified strommcape that is in the new Coca. She said More would be no old Town Center. Coundimember Yehle stated Mat in the 2011 study some of the graphics suggested a unified development, but it also had a possibility that iinelmdual owners could do it incrementally. He said you have to start somewhere, so K one property wants to redevelop and Me building is moved forward that fine with him, because eventually May would all get Mere. He said there i5 no perfect solution, unless a flood takes out to whale thing and it is done all at one time. Mr. Mitchell said that language will need to be deviation! because It is trying to respond to the 'I like Me way it is' sentiment. He asked t there is a middle ground or will the City just be caught in the middle with that language? Mayor Pre Tom Sample said there is no middle ground. She said either it will be built or it won't. but it appears that the City is inviting developers to redevelop the whole area. Councilm rnmer Hoerr said he agrees with ZPC and also Minks you have to start somewhere. He said he thinks what ZPC has outlined is a primary end game and Mat should be the game. He said if you leave an exception, the City will never get there. 11 of 13 City Camel Minutes, Februe 8,2015 With no further comments from the public or Council regarding that portion of the presentation. Mr. Mitchell began presenting the nail segment relating to other ordinance changes. Other Ordinance Changes Mr. Mitchell went over housekeeping items for the ordinance: Clarify terminology for consistency. • Link ournmencial hours of operation to protection of nearby residential areas from unreasonable impacts. • Apply to all Commercial districts height and screening provisions for new or replacement rooftop mechanical equipment. • Clardy that no side pro is required between townhouses. • Regulate in all Commensal districts the location of outdoor seating, assembly or other customer services area (front hall of she) when a use at the edge of a non residential district sours a residential property. • Adjust the current off- street parking requirement for five uses: • Bank and financial services • Studio or Gallery for Visual Arts • Grocery vs. Convenience Store • Retail -Home Furnishings/Appliances • Bar vs. All other type of spacuouses Increase the minimum required depth of parking spaces andlor maneuvering areas given inadequate space in some parking areas. • Expand on current language to clarify that no underground or above -grade parking (id, parking garage, rooftop parking, or other elevated parking) is allowed anywhere in me City. This ended the final part of the preeminence and opened the floor for public and Council comments. Bruce Frankel, 6130 Annapolis, spoke to ask if the ordinance would allow for buildings on stilts. Chair Wilson responded yes, but not in the Town Center. Councilmember Yehle said it is laudable and highly desirable to move to the standard being proposed, but hopes that the ZPC looked at existing situations and evaluate that'd those places had to be redeveloped for some seem, substantial parking might be lost due to the higher standard. With no further comments from the public and Council, ZPC Chair Wilson entertained a motion that the joint public hearing be suspended and that all statements exhibits and documents be made part of the offirtal record of this hearing. Counter Clark so moved Mary Anne Jay seconded the motion. MOTION PASSED. Ayes: Wilson, Clark, Jay, Griffith, McCrary Nome None Absent: Parikh, Snyder On behalf of City Council, Councurnamber Yehle moved to suspend the public hearing. Mayor Pro Tom Sample seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcoft, Johnson, Yehle Noes: None 12 of 13 City Ccu l Minutes, February 9, 2016 Absent: None At this time, Council revisited Item 4. See item 4 for discussionlaction. After revisiting Item 4, Council preceded with the meeting in order. 6. Consent Agenda All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. City Council Mintstes Appmve City Council Minutes of January 26, 2015 City Counal Meeting. Recommended Action: Approve Mlnules. B. Masonry Fence Foundations Matters related to the first reading of an occurrence amending the Cly Code of Ordinances for Requirements for Masonry Fence Foundations. ReccmmeMedAirgru Approve ordinance on that second and final reading C. Fences in Side Yards and Major ThOrouubfares Matters related to the first reading of an ordinance amending the City Code of Ordinances for Requirements for Fences in Side Yards at Major Thoroughfares. Recommended Action: Approve ordinance on the secorq and final reading Councilmember Heatbcott moved to approve the Consent Agenda as presented. Councilmember Yehle seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Johnson, Yehle Noes: None Absent: None T. Chat Council I Chat Marmaer Reports City Manager Ross recognized Parks and Recreation Manager Brittany Bakes far receiving the Tevas Pool Association award and Parks and Recreation Director Tim O'Connor for receiving the TRAPS Director of me Year for his region. 6. Adjourn Regular Meeting With no fuller business to discuss, Mayor Fry adjourned the Regular Meeting a16:45 p.m. Cl ma iALonz Cly Secretary `�% '' Date Approved 4X49 13 of 13