04.01.2014 Regular Meeting - Laserfiche WebLink

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630 E. Hopkins for or against Ordinance 2014 -19, amending Section 1.5.1.2 of the Land Development Code to provide that a petition for a Zoning Map Amendment shall not be accepted until any Comprehensive Plan Amendment upon which the Zoning Map Amendment is dependent has been approved; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date; and consider approval of Ordinance 2014 -19, on the first of two readings. Matthew Lewis, Director of Development Services, provided council with a presentation. Mayor Guerrero opened the Public Hearing at 8:42 p.m. There being no comments, Mayor Guerrero closed the Public Hearing at 8:43 p.m. A motion was made by Council Member Thomason, seconded by Deputy Mayor Pro Tern Becak, that this Ordinance be approved, as previously captioned. The motion carried by the following vote: For: 7 - Mayor Guerrero, Mayor Pro -Tem Thomaides, Deputy Mayor Pro Tern Becak, Council Member Thomason, Council Member Scott, Council Member Prather and Council Member Prewitt Against: 0 13. 7:OOPM Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2014 -20, amending the San Marcos SmartCode by amending Section 1.5.2 to provide that the City Council will decide warrant requests for buildings heights greater than five stories, amending Tables 1.2(k), 5.2 and 5.9 to clarify building height limitations in T4 and T5 Transect Zones and amending the Downtown Design Guidelines to acknowledge the role of the City Council regarding such warrants; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date; and consider approval of Ordinance 2014 -20, on the first of two readings. Matt Lewis, Director of Development Services, provided council with a brief presentation Mayor Guerrero opened the Public Hearing at 8:55 p.m. The following citizens spoke on this item: Jim Garber, 104 Canyon Fork, spoke in opposition of the super majority. He made a reference to the recent Community Survey to question #4 "How well is the city planning for growth ?" 74% was the result. He feels that we can do better and he thinks the new Comp Plan, if followed, will go a long way. In the Downtown area it's all about the SmartCode. Any important decision should be decided by the Council on the dais. It's about accountability. David Wendel, 118 E. Holland, spoke in favor or the change, the buck stops with you guys and the decision made by the P &Z a few weeks ago shouldn't have happened. He was very disappointed with their decision and he asked that the Council be the final authority. Melissa Derrick, 101 Kathryn Cove, spoke in opposition to the super majority suggestion of the P &Z and she has studied the SmartCode in other cities and would like to possibly see more transect zones added. Don Eysen, 200 Orchard, spoke in favor of the change that would place the final authority on the Council and addressed a textbook regarding zoning and quoted it. He stated that there are only 3% of the cities in the United States utilizing SmartCode, and asked why we need to do it ?? 4