The City of West University PlaceA Neighborhood City

CITY COUNCIL BTAFP

Bob Fry, hi Michael Roo, City Msneguswan Semple, Mayor Put Tem Nan Petrov. City ntlomcy

Fit Hwih, Nu Couoollmember Thelma Lem, City SecrenryIQ,, 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 beginningat 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. Counciland 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 KaastCollaborative, 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 inaccordance 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 ofOrdinances. 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 DirectorO' Connor wrote a slanderous letter about her and told her not to use the Senior Center activitieseven 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 topenalize a senior is discriminatory. Ms. Orews said me park bench in front of the CommunityBuilding was removed because she used the bench and he was mad bemuse she called theCounty Commissioner' s once bemuse staff wouldn' t do anything when the senior bus ( PrecinctBus) caught fire.

Chuck Marshall, 4142 Riley Street, spoke regarding the City's Master Planning mochurs and saidhe is opposed to Opfon 1, which is the property swap and relocation of Me Milton StreetMaintenance Facility. He said the swap would only raise taxes, increase traffic and making, andadd to future building costs and ( financial) uncertainty. He said the City now has realities on threeadjacent 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 Inbe named He said if the swap occurs, after ten years the City would either have to pay unspeLrfedrent to the Church for the Citys relatively new ( Public Works) administrative building or incur Mecosh of demolition and building a new administration building somewhere else if the lease is notreneged He said if the swap occurs the Cry would have to incur the cost of demolition of theMilton 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 forRehabilitation of the Milton Street Facility Ground Storage Tank and said that money will be totallywasted if the swap occurs and the facility has to be moved elsewhere. He said the Ciys brochureoutlines Options 1 and 2, swap or no swap, but ignores the many citizens concerns regarding thenew Youth Facility. He said, as reported in the Village News, Reverend Parliament said [ hat 120students presently participate in the Youth Program and that the new Youth Canter willaccommodate 240 students, so it doesn' t seem likely that the Youth Center town would generallybe 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 tochallenge 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 aYouth 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 ofspecific institutions or individuals.

David Dutch, 3901 Rice Boulevafd, spoke to say that he recently talked with one ofCouncilmembers 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. Hestated that he is not opposed to the Super Block or the Youth Center Facility, but he has beenasking for transparency on traffcstudies. He said the church has indicated that they are going fromthe current capacty of 120 students to 240 students a couple of nights of week and the citizenswant 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 beengaged 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 becomeseffective on February 1, 2015,

Chief Taylor presented this item and said it Is a community rating with 50% being weighted on theFire Department, 40% weighted on water supply ( Public Works) and 10% weighted onCommunications ( 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 introducedJesse Williams, the Deputy State Fire Marshal and Philip Bradley, ISO Mitigation Manager both ofwho presented awards M Me City.

Mr. Williams said ISO is a privately funded organization that evaluates the fire protectioncapabilities 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 ratingbecame into effect on February 1, 2015 and residents can notify their Insurance companies of theCitys mtng in order to receive a discount on their insurance .

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3. Amended Engagement Letter for Least Sarvices

Matters related to approval of monetary amendment to the Letter Agreement between the City ofWest University Place and Denton Navarra Roche Bernal Hyde & Zech, P. C., for services relatingto 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 theentl 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 Sampleseconded the motion. MOTION PASSED.

Ayes: Fry. Sample, Johnson, YehleNoes: 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 theCode 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 statedthis would amend Chapter 66 of the Code to strengthen the Chapter and include a penalty forviolations of the ordinance. He said staff is recommending that Council declare this an emergencyby 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 thisCity 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 and2, 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, YehleNoes: NoneAbsent: None

S. Joint Public Hearin

Matters related to a Joint Public Hearing with the Zoning and Planning Commission ( ZPC) to solicitpublic 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; LaurenGriffith, 4215 Riley, and Connie Clark, 4232 Sunset.

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Chair Wilson briefly explained the process of the hearing and said Gary Mitchell with Kendig KeastCollaborative would walk through a PowerPoint Presentation that highlights flie proposedamendments to the Cade.

Chair Wilson openetl the hearing at 6: 59 p. m. and conformed with Clty Secretary Lenz that notice ofthe 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 toeverything that was not single - family debched homes. He said me presentation is segmented intothree pads: Kirby Townhouse District, Town Center District, and gene al provisions ( otherordinance 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 PlanningCommission that led to Nis Public Hearing. He said ZPC must still make a final report to Cimibefore Cannot can take final action.

Mr. Mitchell emphasized that early in the process the term ' highest and bast near came up and hetried to make the point early on that mining is adding a bar, not what Me market would do if therewere no regulations. He said in 2011, that bar was at a place not everybody was not comfortablewith and there are definitely some " game changers" fmm the report in 2011, some being limits tobuilding 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 thediscussions.

Mr. Mitchell also talked about Nings that were considered, but not being pursued. Those thingswere:

Allowing even small3cale commercial uses in the Townhouse District along Kathy; orlimiting new Single - Family (SF) Ceteretl Homes l orrequiring 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.

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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 buildingsites) string Kirby, between Tingley and Plumb, from PDD -TH2 to Commercial. He said Potbellyssite 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 publicfeedback 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 wouldneed to make the District more feasible and attractive for intended Townhouse use andenable 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 -storyhome across the fence from them than a one -story small scale commeraal use, so he tookthat into account and came up with some of the specific proposed changes to make theresidential 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 allowingparking in ' maneuvering area" just outside garage to count towards the requiredspaces. 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 beingdiscussed ( behind Redid shack and the Kolache Factory). He said they purchased the lot in 2003and recently built their dream house on d. He said they built a three -story house with the one -storycommercial property in mind so it comes as a shock to find out what these plans entail. Mr. Evanssaid he wanted to go on recool Mat he and his wife like it the way h is and are against the proposedchanges.

Aleda Draws. 8112 Forc ham, spoke to say that she lives In the area also and said that she knewthe people that use to live next floor to Mr. Evans' property and they always said the rats werecoming through from the businesses and that criminals would rob the businesses over there. Shesaid she down't think it is good for West University to have tall structures looking into otherpeople' 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 forMat 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 conclusionfrom 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.

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Councilmember Yehle said he thinks Mr. Mitchell has done a good job and supports what is beingproposed.

With no further comments from the public regarding that portion of the presentation, Mr. Mitchellbegan 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 2011recommendations regarding the Town Center and he said they were technically sound. He saidwhat was proposed in 2011 would have worked, but that is not what zoning is about. He said it Isabout 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 perimeterareas being the major edge streets, so these amendments will change the use allowancesspecifically for this District recognizing that it is in the middle of the City and near schoolsand 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 - buildingpending.

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 ofbuildings, 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, notonly by disallowing remain uses, but also by restricting their size, plus not penniffing a parkinggarage. He said it is also reduces overall parking demand in Town Center ( compared to the2011 plan) by limiting building floor area and it increases separation from nearby homes andprovide 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 per1, 000 sq. fl. of gross floor area).

Mr. Mitchell pointed out that the reason for customized parking is because the SteeringCommittee recognized that typical parking requirements In ordinances am for " suburban"

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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 isapproaching 48, 000 square feet and a those uses were rebuilt today, because of the parkingrequirements especially, only 24,000 square feet would be allowed. He said so when peoplesay they like it the way it is, they should understand it can't be rebuilt the way they like it. ItdoesnY work under the zoning rules. He said the objective of the Stashing Committee was toby to match the current parking supply, so the proposed Code provides for 48, 000 square feetof allowable buildings, which results is 8 spaces more than exist today.

Any new or replacement rooftop mechanical equipment must be accommodated within andnot project above the maximum building height ( 35 ft.). Equipment must be fully screenedfrom off -sae and stmetmWI views using a mei consistent with the building's design andcolors. 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 andto enhance Town Center aesthetics.

Requires any new construction on the Edles block be consistent with the look ( buildingmaterials) 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 allowstructures in the TCC District to be rebuilt substantially as they existed at the time ofloss 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; andIf 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 toconsider 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 hastried to accomplish with the Town Center and what the process and thinking was that got them tothe current proposal on the table. He said none of the properties in Town Center comply with the

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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 tospeak at ZPC meetings agreed with that He said people would be so limited in what could berebuilt 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 reportabout Town Center, but it was ultimately defeated and it was his sense, as well as most of those onthe 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 fromthe 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 strongsense that people felt that the Town Center is fine the way it is and think people should be able torebuild what they have in the event of a loss, but that they really don' t want an increase incommemial 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 Centerand tries to maintain the status quo.

Chair Wilson said most residents felt that Me area is already congested enough and additionaldevelopment would create more problems. He said the lever the ZPC is using W try to central thetotal square footage allowed in that area is the parking requirement and he thinks this proposalachieves 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 spacesrequired 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 thatcould be increased development in certain areas. He said some people think that the current 6spaces per 1, 000 square feet may ba adequate. He said if assumed that the 6 per 1, 000 squarefeet 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 ispredominarby a residential community and it shouldn' t " let the tail wag the dog". He said anychanges should benefit the community as a whole and changing Section 10- 100 of the Code toallow 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 theseproperlas were destrai how would you rebuild them?" He said a special exception process hasbeen 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 othercommercial areas. Regarding the school and the fact that it ocean 't conform to parking, he saidobviously most of the parking spaces across the street during schcol dropoff and pick -up hoursand throughout the day are used for school parking. He asked what if are school burned down andhad to be rebuilt? He said those spaces are needed far that school just as much as they areneeded for those businesses and W the extent that more off- street parking is allowed forbusinesses, 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 theexisting use of the properties, but the use of those properties may change dramatically, so M thefolks at Compass Bank decide they want to have a performance hall, which is currently subject to iparking space per 4 seats, a performance hall an hold a lot of seats and there may be not just 50

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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 theschool, but that is not guaranteed for all Mae. He said another fitness center with intensive pagingneeds on these properties would damalically affect the amount of packing on the 3800 and 3700blocks of Race Boulevard. He urged the ZPC and City Counal not to modify the parkingrequirements. 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 aresubject to the same parking requirements.

Steve Brown, 3305 Rice Boulevard, spoke to say that as a whole he strongly supports theproposed Improvements to West U' s Commercial Zoning. He said it has been a long and difficulttask and he is very pleased to see it reaching the final stages of review. He said he has oneconsumer regarding the Town Center. He said he thinks the possibility of a Special Exceptionallowing structures in the TCC District to be rebuilt substantially as they seemed at me time of lossor casualty is not a good idea, at least not as it is presently written. He said as it is written now, itcould be built as an - as -was" situation with head -in parking, which would not be good or safe andthe ( 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 willdelete 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, inparticular Bruce Frankel who shepherded that procedure along and came up with Me ideas (alongwith 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 DebbieScandals 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 ofthings 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 ZPCwhen he was a member. Regarding the Town Center, Mr. Kelly said it would have been varyhelpful had the documents diluted! to this item had been available at the Municipal Building as wasstated in the newsletter that came with the water bill. Mr. Kelly said he owns about 10 buildings inthe 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 mindfulof the exception to rebuild it the way it was. He said as a developer they (devalopers) know thattheywill 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 wellas the ZPC. He said this is a topic that he is very passionate about and knows change is hand, butchange 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 bemassive traffic and fresh on lawns, etc. He as Of everybody is always concerned about the ' met ifbut 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 onTangley. Mr. Frankel saitl the proposal has been incredibly thought out and thinks that this is agreat 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

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more use and his concern is traffic, He said he cant help but think that regardless of trying to limit itby the parking, there is going to be more traffic through the area, because people will not redevelopunless 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 TownCenter and all knew what they were getting into He said since 1888, there have been a total of 20real 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 zoninglaws. He said it seems that the City and the ZPC are more concemed about the restrictions inTown 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 comfortablewith 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 didsee a tree and street light on City property, so doesnt see how they are expected to have parking ifme City has obstructions there. She said if the parking is behind the buildings, she doesn' t knowwhat would be done with all me dumpslers. She said the City needs those little quaint areas and Vthere 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' tprepared because he couldn' t find the irhantation. He said the citizens have constantly beenunder - informed and said though there have been good efforts to change that, he would really haveliked to have the information regarding this issue beforehand.

Sharon Gran, 2617 Sunset, spoke regarding the zoning of Sunset at Kirby. She said that area isdesignated as light commercial and has been like that for same time. She said if this rezoning isredone 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 proposedordinance amendments does not include the block to which she' s referring.

That concluded the public comments from the audience and now comments were provided byCouncil.

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 apotential disaster situation and not being forced to making zoning decisions under duress, but alsorecognizing that some of the proposal addresses improving the streetscepe by ensuring aserviceable sidewalk, by moving the parking to the rear If the PNC status is allowed to continue, itwould destroy the whole value of what is being done. So, as Me Commission continues movingforward, 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 parkingspaces, which he's sure is good planning, but he is not sure if it applies to lust Town Center or thewhole city. He said if it applies only to Town Center do what you will, but if it applies to the wholeCity, he thinks the Committee needs to look carefully of the consequences it could have R someonehad to redesign parking areas, possibly losing parking spaces.

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Chair Wilson said parking comes up in the final section, which is general requirements and will beaddressed at that time.

Mayor Pro Tom Sample asked if a catastrophe is a tonditoo precedent" to building to Me front andparking 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 thesame footprint.

Chair Wilson said the problem is Mat if there is a major loss to a single building, does Ma City wantto drive one building out to Me street when every other building is still set back? He said any of thisconcern about rebuilding in the event of a less was largely driven by the fact that everybody whoappeared before the ZPC unanimously felt like people should be able to rebuild what they haverather than only building half of what they have So, the idea is that t half of the buildings in TownCenter are lost In order to rebuild they would need Special Exceptions, which means going beforethe 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 fireat Edloe Deli resulting in 51% damage to the property, does it make sense to require them torebuild 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 catastropheparagraph is a short -term pause because what it is trying W do is encourage someone to come inand redevelop a unified steetscape, so that is not needed because there is the unified streetses peand if one building burns it would still have M go with the unified strommcape that is in the newCoca. She said More would be no old Town Center.

Coundimember Yehle stated Mat in the 2011 study some of the graphics suggested a unifieddevelopment, but it also had a possibility that iinelmdual owners could do it incrementally. He saidyou have to start somewhere, so K one property wants to redevelop and Me building is movedforward that fine with him, because eventually May would all get Mere. He said there i5 no perfectsolution, 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 likeMe way it is' sentiment. He asked t there is a middle ground or will the City just be caught in themiddle 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. Hesaid if you leave an exception, the City will never get there.

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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 fromunreasonable impacts.

Apply to all Commercial districts height and screening provisions for new or replacementrooftop mechanical equipment.

Clardy that no side pro is required between townhouses. Regulate in all Commensal districts the location of outdoor seating, assembly or othercustomer 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 ArtsGrocery vs. Convenience StoreRetail -Home Furnishings/Appliances

Bar vs. All other type of spacuouses

Increase the minimum required depth of parking spaces andlor maneuvering areas giveninadequate 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 beingproposed, but hopes that the ZPC looked at existing situations and evaluate that' d those places hadto 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 partof the offirtal record of this hearing. Counter Clark so moved Mary Anne Jay seconded the motion. MOTION PASSED.

Ayes: Wilson, Clark, Jay, Griffith, McCraryNome NoneAbsent: Parikh, Snyder

On behalf of City Council, Councurnamber Yehle moved to suspend the public hearing. Mayor ProTom Sample seconded the motion. MOTION PASSED.

Ayes: Fry, Sample, Heathcoft, Johnson, YehleNoes: None

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City Ccul 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 beenacted by one motion. There will be no separate discussion of these items unless a Councilmember requests in which event the item will be removed from the Consent Agenda andconsidered in its normal sequence on the agenda.

A. City Council Mintstes

Appmve City Council Minutes of January 26, 2015 City Counal Meeting. RecommendedAction: Approve Mlnules.

B. Masonry Fence Foundations

Matters related to the first reading of an occurrence amending the Cly Code of Ordinancesfor Requirements for Masonry Fence Foundations. ReccmmeMedAirgru Approve ordinanceon 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 Ordinancesfor 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, YehleNoes: None

Absent: None

T. Chat Council I Chat Marmaer Reports

City Manager Ross recognized Parks and Recreation Manager Brittany Bakes far receiving theTevas Pool Association award and Parks and Recreation Director Tim O' Connor for receiving theTRAPS 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.

ClmaiALonz Cly Secretary `% '' Date Approved4X49

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