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36 Regular Meeting September 22, 1986 Page 3 DIVISION OF PARK DIVISION TO THE CITY OF SAN MARCOS, TEXAS AS RECORDED IN VOLUME 56, PAGE 47 OF THE HAYS COUNTY DEED RECORDS, A/K/A 926 CHESTNUT STREET FROM "R-l" (SINGLE-FAMILY DWELLIliG DISTRICT) TO "MF-3" (MULTI-FAMILY DISTRICT); AND DECLARI~ AN EFFECTIVE DATE. Mayor Younger opened the public hearing and asked if anyone wished to speak in favor of the Zoning request. Richard Giberson, one of the owners of the property, advised the Council what now exists in this area is multi-family and that it is an area of transition. He stated the Master Plan calls for medium density in this area and that his request to rezone to MF3 would not damage the neighbors in any way. Jack Giberson, one of the owners of the property, stated that MF2 zoning of their property would also be acceptable. Pat Nor- wood spoke in opposition to the rezoning of the property. He stated there were four families within 200 feet of this property, and that it would be a detriment to the neighbors to rezone the property to multi- family. He stated the Master Plan states not to intensify development without adequate utilities and thinks that a moratorium should be extend- ed until adequate utilities and streets are in place. He stated the wastewater utilities and water pressure are inadequate for multi- family development and requests the Council deny the request for re- zoning. Max Warshauer stated the neighborhood does have apartments but that there can be maintained a balance between multi-family and residential. He stated residents should not be driven out with too much multi-family development. He stated it is important to notify persons within 200 feet of property when property is to be rezoned if the City wants them to participate. No one else wished to speak in favor or in opposition, so Mayor Younger closed the public hearing. Mr. Brown stated it appeared to him that single-family residents were located close to universities in other cities, as they are here. Dan Gibson responded that the Master Plan anticipated this area close to the university to be developed high density. Mr. Gibson stated there is a Master Plan amendment before the Council at this time which would change this area to medium density residential. He advised the Council that Public Works had advised the Planning Department that the property could handle MF3 zoning and that adequate utilities are available to service this property with MF3 (streets, water pressure and wastewater). Mr. Brown stated that Mr. Giberson had stated that there is considerable commercial and multi-family development in this area and would the re- zoning of this area set a precedent, to which Mr. Gibson responded yes it would. Mr. Gibson stated capital improvements would be made to the water system to this area over the next few years. Mr. Brown asked Mr. Hankins the question of legality of medium or high density for this area. Mr. Hankins stated MFI and MF2 are also appropriate for medium density and that the zoning should be in conformance with the land use. Mr. Hankins stated spot zoning is a complex issue wherein the Council would need to weigh a number of issues and balance a lot of issues to identify. He stated in order to determine a stable neighborhood would need to take in more than 200 feet. He stated utilities and streets are important considerations and that Master Plan policies are relevant. He stated the Council needed to determine if multi-family is more import- ant than the utilities issue, then the Council could make that decision. The Council was advised that a house is on Lot 96 and that Lot 97 is vacant. Mr. Nicola moved to rezone the property (926 Chestnut) from "R-l" to !!MF-l tJ, and Mr. Guerra seconded the motion. On roll call the following vote was recorded: AYE: Coddington, Farr, Younger, Guerra, Nicola. NAY: Brown, Kissler. ABSTAIN: None.