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51 Regular Meeting June 8, 1992 Page 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY ZONING LOTS 71 AND 76 OF THE THIRD DIVISION OF THE PARK ADDITION TO THE CITY OF SAN MARCOS, HAYS COUNTY, TEXAS, AS RECORDED IN VOLUME 56, PAGE 47 OF THE HAYS COUNTY DEED RECORDS, LOCATED AT 1105 AND 1107 CHESTNUT STREET FROM "MF-4" MULTI-FAMILY DISTRICT (HIGH DENSITY) TO "DP-2" TWO-FAMILY DWELLING DISTRICT (MEDIUM DENSITY) AND DECLARING AN EFFECTIVE DATE. Mr. Hart opened the public hearing and asked if anyone wished to speak for or against the zoning amendment. No one spoke. Mr. Hart closed the public hearing. Mr. Plummer moved for adoption of the Zoning Ordinance on first reading and Mr. Guerra seconded the motion which passed unanimously. Mr. Hart opened a public hearing on the annexation to the City of a tract of land, the caption of the ordinance which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ANNEXING TO THE CITY A TRACT OF LAND CONTAINING 51.62 ACRES, MORE OR LESS, FRONTING ON THE SOUTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35 AT ITS INTERSECTION WITH CENTER POINT ROAD IN HAYS COUNTY, TEXAS, (LOWMAN TRACT AND CENTER POINT ROAD RIGHT-OF-WAY) THIS LAND BEING LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY AND LYING ADJACENT TO PRESENT CITY BOUNDARIES; APPROVIN,G A SERVICE PLAN FOR THIS TRACT; EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THIS TRACT; GRANTING TO THE INHABITANTS OF THIS TRACT ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF THE CITY; BINDING THE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES, RULES AND REGULATIONS OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Hart asked if anyone wished to speak for or against the annexation. Mr. Charles Soechting spoke on behalf of the San Marcos Factory Stores and the Prime Group. Mr. Soechting stated that the San Marcos Factory Stores and the Prime Group were not as this time opposed to the annexation of the property however they believe there are legal issues and some equitable issues that have to be addressed and at this point are unresolved and unclear to them. Mr. Soechting stated these issues deal with water, wastewater, traffic concerns, detention of stormwater and others. Mr. Soechting stated that he feels to allow another developer to come in now and benefit from what San Marcos Factory Stores and Prime Group have done is wrong. Mr. Soechting continued to state his issues. Mr. Paul Reed, the Development Director for the San Marcos Shops stated that as Mr. Soechting had stated they did not oppose the annexation to the Lowman tract and in fact see the annexation of the tract as being beneficial to control of development in that area but do oppose the specific development proposed for that tract. Mr. Reed stated that through annexation the Council would see or discover that there are several issues which need to be taken into account such as issues that are not adequately addressed in the current service plan. Mr. Reed addressed the traffic impact that would occur along Centerpoint Road and along the frontage roads of IH 35 and pointed out that the current road improvements on Centerpoint Road were done by the San Marcos Factory Shops at its cost. Mr. Reed also addressed the increased storm water runoff that would occur from that site which will affect all the downstream users. Mr. Reed stated that the Service Plan addresses f ire protection in the annexed area and stated that the improvements made to the Elim Water System by Prime