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233. Regular Meeting May 21, 2001 Page 6 DEVELOPMENT STANDARDS, OF THE CITY CODE TO UPDATE AND SIMPLIFY CITY REGULATIONS FOR PLANNED DEVELOPMENT DISTRICTS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Moseley moved for approval of the Ordinance on second reading and to amend the Ordinance in Section 94.233(c) to accept the changes suggested by the City Attorney by memorandum dated May 18, 2001 and Mr. Mayhew seconded the motion. Ms. Hughson asked who determines when a PDD is used, and Mr. Patterson stated it is entirely optional for the landowner. Ms. Hughson stated she would like language added on Page 3, Section 94.226 (3) to include neighborhood representatives. Ms. Hughson also wants the language amended on Page 4, Section 94.226 (b) in the last sentence, "The planning director. . . applicant in writing with an explanation. . Ms. Hughson requested the City Attorney provide new language on Page 5, Section 94.226 (c) (2) (H) in the last sentence, such as, "If possible, the land use plan should be laid out over an aerial photograph of the property." Ms. Hughson requested the City Attorney provide new language on Page 9 in Section 94.233 (d) that if there is a request for major changes, it must be taken back to the Planning and Zoning Commission. Ms. Hughson inquired about fees being included in this Ordinance on Page 10, and stated generally fees are placed on the fee schedule and not in the Ordinance. Mr. Patterson advised they will also be included on the fee schedule. The suggested changes will be prepared for the Council's consideration at third and final reading. The Council then voted unanimously for approval of the Ordinance on second reading. " Mayor Chiu introduced for consideration Item 19 removed from the consent agenda, adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE RELEASE OF CITY EASEMENTS LOCATED ON REAL PROPERTY OWNED BY W. C. CARSON IN THE 100 BLOCK OF EAST CONCHO STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE AND QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. Mr. Moseley moved for adoption of the Ordinance on third and final reading and Ms. Hughson seconded the motion. Mr. Mihalkanin stated the Zoning Board of Adjustments and Appeals approved parking and setback variances for this project by a close vote. He stated this development was not presented to the Downtown Parking Committee, and the Council should now give the public an opportunity to speak. Kyle Maysel, Chair of the Downtown Parking Advisory Committee, addressed the Council, but not in the capacity as Chair of the Committee. Mr. Maysel stated this Ordinance deals with a project that was before the Planning and Zoning Commission and ZBOA two months ago. He stated the developer asked for a variance to allow a zero lot line development of a five to eight story multi-use development. ZBOA considered variances to allow a zero lot line development and a reduction of parking spaces. There was no provision made regarding service vehicles, traffic, additional vehicles owned by