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43 Regular Meeting October 27, 1986 Page 3 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 JUNE 13, 1984 (VOL. 66) BY ZONING LOT 1, BLOCK 1 OF THE GIESECKE ADDITION BEING 0.434 ACRES, MORE OR LESS, OUT OF THE J. M. VERAMENDI SURVEY #2 A-17, CITY OF SAN MARCOS, HAYS COUNTY, TEXAS, A SUBDIVISION IN THE CITY OF SAN MARCOS AS SHOWN ON THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4, PAGE 160, OF THE HAYS COUNTY PLAT RECORDS, A/K/A 1115 HIGHWAY 80, FROM "OP" (OFFICE PROFESSIONAL DISTRICT) TO "c" (COMMERCIAL DISTRICT); AND DECLARING AN EFFECTIVE DATE. Mayor Younger opened the public hearing and asked if anyone wished to speak in favor or in opposition to the zoning change. Tracy Mollen- kopf was present to answer any questions the Council may have about the zoning request. The Council asked George Boeker if there was ade- quate water capacity for this development, and Mr. Boeker stated that there is adequate capacity for this development but for no more. No one else wished to speak so Mayor Younger closed the public hearing. Mr. Coddington moved for adoption of the Zoning Ordinance and Ms. Kissler seconded the motion, which passed unanimously. Mayor Younger introduced for consideration approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CODE OP ORDINANCES OF SAID CITY TO INCLUDE AN APPENDIX H, TO BE ENTITLED "PUBLIC RIGHT-OF-WAY AND DRIVEWAY ACCESS AND CONSTRUCTION ORDIN- ANCE", REGULATING THE SITING, DESIGN AND CONSTRUCTION OF DRIVEWAYS WHICH ACCESS PUBLIC STREETS, AND REGULATING OTHER CONSTRUCTION WITHIN THE PUBLIC RIGHT-OF-WAY BY DEFINING TERMS; REQUIRING PERMITS FOR SAID CONSTRUCTION; AUTHORIZING THE CITY ENGINEER TO DETERMINE THE EFFECTS OF SAID CONSTRUCTION UPON THE RIGHT OF THE PUBLIC TO FREE AND UNHAMPERED SAFETY, TO DETERMINE THE ADEQUACY OF MATERIALS USED IN SAID CONSTRUCTION; SETTING REQUIRE- MENTS FOR CONTRACTORS PERFORMING SAID CONSTRUCTION; ESTABLISH- ING THAT FEES SHALL BE REQUIRED FOR SAID PERMITS; PROVIDING AN EFFECTIVE TERM FOR SAID PERMITS; EXEMPTING CERTAIN CON- STRUCTION FROM COMPLIANCE; PROVIDING PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEPARABILITY; AND DECLARING AN EFFECTIVE DATE. Ms. Kissler moved for approval of the Ordinance on first reading and Mr. Farr seconded the motion. Patsy Greiner stated she thought this Ordinance should be two separate Ordinances, with the driveway portion being incorporated into the Zoning Ordinance and public right-of-way as a separate Ordinance. Mr. Jenkins is to respond to Ms. Greiner's written concerns at the next Regular Meeting. Gayle Ross stated it is important for the City to address construction cost of the right- of-way Ordinance. he passed out information to the Council, which he reviewed with them. He requested the Council support thorough "fill" standards. Ms. Wickersham stated the Public Works Department puts in taps and makes the cuts, and Mr. Farr advised her Public Works is not the only one who makes cuts. Ms. Wickersham stated this could be added to the site development permitting process. Mr. Coddington stated he thought the O:r;dinance should be divided. Mr. Farr asked for Mr. Hankins' response to the Ordinance being split. Mr. Hankins stated it would