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118 Regular Meeting March 26, 1984 Page 2 else wished to speak in favor or in opposition, so Mr. Brown closed the public hearing and introduced for consideration approval of the Zoning Ordinance on first reading, the caption which was read as fol- lows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE WHICH REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, DATED SEPTEMBER 29, 1980 (VOL. 54) BY CHANGING THE ZONING OF TWO TRACTS OF 5.280 ACRES BEING, TRACT ONE: 2.980 ACRES, MORE OR LESS, OF LAND AREA IN THE THOMAS H. W. FOR- SYTH SURVEY, HAYS COUNTY, TEXAS, BEING A PORTION OF THAT 23.92 ACRE TRACT DESCRIBED IN A DEED FROM L. SUMNER TOWNSEND, ET UX, TO WILLIAM A. WYATT DATED MAY 1 7, 1922 AND RECORDED IN VOLUME 82, PAGE 309 OF THE HAYS COUNTY DEED RECORDS AND TRACT TWO: 2.30 ACRES OF LAND AREA IN THE THOMAS H. W. FORSYTH SURVEY, HAYS COUNTY, TEXAS, BIENG A PORTION OF THAT 23.92 ACRE TRACT DESCRIBED IN A DEED FROM L. SUMNER TOWNSEND, ET UX, TO WILLIAM A. WYATT DATED MAY 17, 1922 AND RE- CORDED IN VOLUME 83, PAGE 309 OF THE HAYS COUNTY DEED RECORDS A/K/A 1710 AND 1706 RANCH ROAD TWELVE, RESPECT- IVELY, FROM "A-O" (AGRICULTURAL-OPEN SPACE) TO "c" (COMMERCIAL DISTRICT). Mr. Guerra moved for approval of the Ordinance on first reading and Ms. Kissler seconded the motion. The Council expressed concern for the developer applying for Commercial Zoning for a development of condominiums to comply with the Master Plan when the proper zoning would be Multi-Family for a condominium development. They expressed concern that the developer could then sell the property to someone else after acquiring Commercial Zoning, and in turn that person could develop the property in some other way which conforms with Commercial Zoning. Mr. Scudder of Keys Builders said they would be willing to enter into an agreement with the City that they would restrict the zoning to condominium development only and would not resell the property. City Attorney Hankins said there were no requirements in our zoning ordinance to force Keys Builders to sign such an agreement, but that if they were willing to do so, such an agreement could be drawn up. Mr. Brown then expressed a need for the matter to be delayed until the details could be worked out with the developer. Joe Garza is to have a meeting with the developer to work out the details and City Attorney Hankins to draw up the agreement. Mr. Brown then moved to table first reading until the Regular Meeting April 9 and Ms. Kiss- ler seconded the motion, which passed unanimously. Mr. Brown opened a public hearing on a zoning request of 1.1 acres out of the J. M. Veramendi Survey No. Two. Mr. Brown asked if anyone wished to speak in favor of the zoning request. Jerry Hinnenkamp stated Mr. Kelly Kilber was unable to be present to represent the owners and that he wanted to point out to the Council the request conforms with the Master Plan and the property is contiguous to property that is already zoned Multi-Family. No one elsed wished to speak in favor or in opposi tion to the request, so Mr. Brown closed the public hearing and intro- duced for consideration approval of the Zoning Ordinance on first read- lng, the caption which was read as follows: