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• 22. Remove from table and consider an ordinance amending the San Marcos Citv Code Section 34.701 to define the terms Excessive Noise and Unruly Gathering; Amending Section 34.702 to prohibit partv hosts or guests from causing excessive noise, obstructing streets or drivewavs, engaging in or allowing alcoholic beverage law violations or participating in or allowing an unruly gathering; prohibiting owners and managers of apartment complexes from allowing common areas to be used as venues for unruly gatherings; providing for notification of property owners and managers after two (2) verified excessive noise complaints, host or guest responsibility violations, or unrulv gatherings have occurred within a sixty (60) day period; providing for agreements concerning future abatement strategies; authorizing a fee of $100 for each Police response for repeated violations; repealing Sections 34.090 through 34.096 of the San Marcos City Code; providing for penalties; including procedural provisions and declaring an effective date; and consider ordinance on the first of two readings. Sherri Bilson, 2006 Lisa Lane, spoke in favor of host responsibility. MOTION: Upon a motion made by Councilmember Terry and a second by Councilmember Couch, the City Council voted six (6) for and one (1) opposed, with Councilmember Jones voting against, to remove from the table and to approve the ordinance on the first reading, with amendments provided by the City Attorney. The motion carried. The second reading will occur at the April 7 meeting in order to allow Councilmembers Jones, • Thomaides and Porterfield to work with staff to develop Prudent Party Host criteria. 23. Consider an ordinance amending the future land use map from "GC General Commercial, "CC" Communitv Commercial, and "OS" Open Space, to "HDR" High Density Residential for a 22.504 acre, more or less piece of land; and amending the official zoning map of the Citv changing the base zoning from "GC" General Commercial district to "MF-18" Multi-Family district for a 12.743 and 9.761 acre, more or less, tract of land out of the JM Veramendi Survey No. 1, Abstract No. 17; and approving a land use plan and development standards for the Pureatorv Creek PDD; includine procedural provisions; and providing for penalties, and consider adoption of Zoning Ordinance 2009- 12. Ellie Stewart, 1253 W. San Antonio, said she has watched this area grow from a rundown area to the treasure it is now. She noted that this is a beautiful residential district, and she opposes the building of apartments. More people are moving out Hunter Road, and if we had a commercial development there, then a lot of things they need will be available to them there and help keep them from having to go through town. She also expressed concern about the vacant land around there. She asked Council to preserve that historic district. Sherri Bilson, 2006 Lisa Lane, stated that once this is rezoned, it cannot be undone. The developer could sell or lose in a bankruptcy for another developer to build. We need to see smart growth. This is prime development property, and in time, the right project will come. • RM030309 Minutes Page 7