02.05.13 Regular Meeting - Laserfiche WebLink

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MOTION: Upon a motion made by Council Member Scott and a second by Council Member Prather, the City Council voted seven (7) for and none (0) opposed, to approve the consent agenda items. The motion carried unanimously. Public Hearing 19.7:OOPM Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2013 -02 amending the San Marcos City Code, Subpart C, the San Marcos SmartCode by updating the Table of Contents, reconciling inconsistencies within tables, allowing a minimum building height of one story by warrant in T4 and T5 zones outside the Downtown Historic District, clarifying standards for parkland dedication in the downtown area, clarifying that parking is not required in the central business area except for new multi- family development, adding an option for a fee in lieu of tree mitigation in the downtown area, together with creating a Downtown Tree Fund for deposit of such funds and making minor corrections; including procedural provisions; and providing an effective date; and consider approval of Ordinance 2013- 02. Matthew Lewis, Director of Development Services, provided a brief presentation. Mayor Daniel Guerrero opened the public hearing at 7:11 p.m. Eric West, 1805 N. IH 35 Apt 28E, addressed the Council regarding the potential parking issues within the downtown area and clarifying that parking in the central business area. Jaimy Breihan, 134 E. Hillcrest, addressed the Council regarding the potential parking issues within the downtown area and asked the Council to consider attempting to remedy this issue. He also addressed the tree fund and stated that he felt that this could be a good idea, but had his reservations about developers doing the right thing. There being no further comments; the public hearing was closed at 7:15 p.m. MOTION: Upon a motion made by Council Member Scott and a second by Council Member Prather, MOTION TO AMEND: Upon a motion made by Council Member Scott and a second by Council Member Thomason, the City Council voted three (3) for and four (4) opposed, Mayor Guerrero, Council Members Prather, Thomaides, and Porterfield to amend by providing a credit for trees replacing the trees that were removed. The motion failed. MAIN MOTION: the City Council voted seven (7) for and none (0) opposed, to approve Ordinance 2013 -02, as previously captioned. The motion carried unanimously. Non Consent Agenda 20.Consider approval of Ordinance 2013 -04, on the first of two readings, adopting fees -in- lieu of preserving Protected and Heritage Trees for SmartCode Proi ects at the rate of $150 per caliper inch for Protected Trees and at the rate of $300 per caliper inch for Heritage Trees; restating Zoning Review Fees, Subdivision Review Fees, Site Fees,