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65 Regular Meeting March 13, 1989 Page 2 CONSISTENT WITH THOSE CONTAINED IN THE BUILDING CODE; ADDING A NEW STANDARD REQUIRING LANDSCAPING AND TREES WITHIN THE PERIMETER OF THE PAVED AREA OF CERTAIN PARKING LOTS; MODIFYING A PROVISION ALLOWING SPECIAL EXCEPTIONS TO WAIVE OR REDUCE PARKING AND LOADING REQUIREMENTS BY ADDING SPECIFIC STANDARDS; ADDING A CLARIFICATION THAT SPECIAL EXCEPTIONS FOR EXPANSION OF A PRE-EXISTING NONCONFORMING USE ARE SUBJECT TO COMPLIANCE WITH POLICIES OF THE MASTER PLAN WITH REGARD TO LAND USE COMPATIBILITY; AND DECLARING AN EFFECTIVE DATE. Mayor Morris opened the public hearing and asked if anyone wished to speak in favor or in opposition to the amendments. Henry Kyle was present representing Chris Luna, Sr. who is opposed to the Ordinance amendments and specifically the parking lot requirements. Mr. Luna stated he has been running a small business in San Marcos named Tejas Motor Company for eight years. He stated for the last six months he has had difficulty with the Planning and Inspection Departments as follows: he applied for a bulding permit and the Building Department requested some changes be made. He was advised the property needed to be paved and some capitals improvements made. He stated he already had utilities. He stated his building was moved in September, 1988, and then he had to invest in some repairs. In October, 1988 he paved a 50' x 20' parking area and the electricity permit was processed. He was then advised the paving did not meet requirements. The Mayor requested Mr. Luna meet with City Manager Larry Gilley to review the details of his process and to bring any records he had on this matter with him to the meeting. Mr. Luna stated he then proceeded to seek a temporary occupancy, which expired February 23, 1989. He stated there was no r~ason for him to get a variance as he was directed to do and at that point sought the help of Mr. Kyle. Mr. Kyle stated the Ordinance amendments presented would require Mr. Luna to have 22 off-street parking spaces (Sections 37-A20-5 and B-7 on Page 4). Mr. Kyle requested language be added to the amending Ordinance so that the requirements in the amendments are not construed to be retroactive. No one else wished to speak, so Mayor Morris closed the public hearing. First reading of this Ordinance is scheduled March 27. Mayor Morris introduced for consideration approval of minutes of the Special Meeting held February 22, 1989 and Regular Meeting held February 27, 1989, approval of an Ordinance on second reading, adoption of an Ordinance on third and final reading and adoption of eight Resolutions by consensus. The City Council pulled Items 6.A. (2), 6.D. (1), 6.D. (4) and 6.D. (8) to be considered separately. Ms. Kissler moved for approval of the minutes of the Special Meeting held February 22, 1989, approval of the Ordinance on second reading, adoption of the Ordinance on third and final reading and adoption of the remaining five Resolutions by consensus and Mr. Plummer seconded the motion, which passed unanimously. The captions of the Ordinances and Resolutions read as follows: Approval of Ordinance on second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THAT ORDINANCE ADOPTED AUGUST 29, 1988 WHICH SET FORTH AN ITEMIZED ESTIMATE OF THE EXPENSE OF CONDUCTING EACH ADMINISTRATIVE UNIT OF THE MUNICIPAL GOVERNMENT OF SAID CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988 AND ENDING ON SEPTEMBER 30, 1989, AND APPROPRIATED MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH ESTIMATE, TO REVISE SAID ESTIMATES AND TO REAPPROPRIATE SAID FUNDS, ADOPTING SAID REVISIONS AND ESTIMATES, AND DECLARING AN EFFECTIVE DATE.