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118 Regular Meeting May 10, 1993 Page 3 Mayor Morris opened the public hearing and asked if anyone wished to speak. Mr. Carmen Rodriguez of 516 Patricia Drive stated he objects to the zoning request and considered it to be spot zoning. Mr. Taylor advised the City Council this would not be spot zoning (Mr. Guerra present at this time - 7:54 p.m.). Julie Jaimes on behalf of her mother, Mrs. Martinez (owner of the property), stated her mother is interested in building a home on this property and possibly a day care at a future time. Mrs. Jaimes stated the Planning Department had advised her mother an "R-l" designation was possible for this property. Mr. Rodriguez was advised an "R-1" designation on Mrs. Martinez' property would not prohibit his property being zoned and used commercially. Mr. Rodriguez stated if this property is zoned "R-l" , he thinks it will impede his ability to sell his property (3 lots) as commercial. Mr. Cox asked Mr. Taylor if this would set a precedent to change the zoning. Mr. Taylor stated this is not a legal question but a planning question. Mr. Patterson advised it would set a precedent, but would not set an obligation to rezone surrounding property. Mr. Patterson stated if all the property in the area is zoned commercial, there will be traffic, visual and utility impact to the area. Mr. Hernandez moved to table the Ordinance and Mr. Moore seconded the motion. On roll call the following vote was recorded: .. AYE: Moore, Hernandez, Hart, Morris, Cox, Plummer. NAY: Guerra. ABSTAIN: None. Mayor Morris moved to leave the matter on the table and return to the Zoning Commission for further reconsideration and bring back to the City Council at the June 14 Meeting and Mr. Hart seconded the motion. On roll call the following vote was recorded: , AYE: Moore, Hernandez, Hart, Morris, Cox, Plummer. NAY: Guerra. ABSTAIN: None. Mayor Morris introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING 0.371 ACRES, MORE OR LESS, OF LAND AREA BEING A PORTION OF BLOCK 10 OF THE D. S. COMBS ADDITION, CITY OF SAN MARCOS, HAYS COUNTY, TEXAS, AS RECORDED IN VOLUME 42, PAGE 332 OF THE HAYS COUNTY DEED RECORDS, BEING ALL OF THAT TRACT OF LAND DESCRIBED IN A DEED FROM PINKIE LEE DOWELL TO THE CITY OF SAN MARCOS DATED DECEMBER 6, 1977 AND RECORDED IN VOLUME 303, PAGE 872 OF THE HAYS COUNTY DEED RECORDS, TOGETHER WITH ALL OF THAT TRACT OF LAND DESCRIBED IN A DEED FROM JOSE MONTELONGO, ET UX TO THE CITY OF SAN MARCOS DATED MARCH 5, 1976 AND RECORDED IN VOLUME 282, PAGE 517 OF THE HAYS COUNTY DEED RECORDS, LOCATED AT 401 JACKMAN STREET, FROM "M" (SINGLE-FAMILY, DUPLEX AND NEIGHBORHOOD BUSINESS DISTRICT) TO "P" (PUBLIC AND INSTITUTIONAL DISTRICT) AND DECLARING AN EFFECTIVE DATE. Mayor Morris opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Morris closed the public hearing. Mr. Moore moved for adoption of the Zoning Ordinance and Mr. Hernandez seconded the motion, which passed unanimously. Mayor Morris introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: