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157 Regular Meeting August 24, 1992 Page 2 not think the City council should keep competitors from locating here. Charles Soechting stated he was an attorney representing Prime Group, and they were not opposed to competition. He stated the Council is rushing into this decision. He stated there are bigger issues that need resolution, and when is the proper forum to discuss them. Mr. Patterson stated the water, wastewater and traffic impacts are being reviewed by Staff, and in the platting stage these issues will be addressed. Mr. Soechting stated he thought now would be a good time to address the issues, and ownership of the wastewater system and plans for the extra capacity need to be addressed. No one else wished to speak, so Mayor Morris closed the public hearing. The Council voted unanimously for adoption of the Resolution. 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 ZONING 55.00 ACRES OF LAND OUT OF THE EDWARD BURLESON SURVEY NO. 18, A-63, BEING A PORTION OF THAT 995 ACRE TRACT OF LAND CONVEYED TO LOWMAN RANCH, LTD., BY GRACE B. LOWMAN BY DEED DATED JUNE 3, 1967 AND RECORDED IN VOLUME 218, PAGE 594, OF THE HAYS COUNTY DEED RECORDS, LOCATED ON THE EAST SIDE OF THE 4000 BLOCK OF IH-35 SOUTH FROM UNZONED, "AR" (AGRICULTURAL-RANCH DISTRICT) AND "PD" (PRE-DEVELOPMENT DISTRICT) TO "C" (COMMERCIAL DISTRICT) AND DECLARING AN EFFECTIVE DATE. Mayor Morris opened the public hearing and asked if anyone wished to speak. Kelly Kilber stated he was representing Mr. Lowman and requested the Council follow the reçommendations of the Zoning commission and adopt the zoning as presented. Mr. Kilber stated they are now negotiating for water, and he thinks the wastewater and traffic will be negotiated to a satisfactory conclusion. Paul Reed of Prime stated the retention of storm water for their Phase III Project has been submitted to the City for review, and this retention should be addressed by the City. He wants to review the comprehensive plan for the new development and thinks this project is being railroaded through. Ann Bledsoe of Traffic Consultants of Austin stated the traffic count of Tanger was taken during a rainy period and did not take into consideration the new phase of' Prime. She has ranked the level of service at D. She stated there needs to be an area-wide solution for both groups. Charles soechting stated there has been no determination if there has been dedication of the wastewater from Prime to the City, and they will pursue filing a lawsuit if it becomes necessary. He also stated there has been no determination of the extra capacity, and they are entitled to be reimbursed for the excess capacity. He requested a public hearing before the Zoning Commission on this matter. Jim Nias, an attorney representing prime, stated he had reviewed the City's Zoning Ordinance, and stated we have a detailed Master Plan. Regarding land use, he stated the City must meet the criteria set out for traffic, public facilities and drainage. He thinks there is a potentially serious traffic problem, and the City must review the commercial impact on existing commercial property. No one else wished to speak, so Mayor Morris closed the public hearing. Mr. Guerra moved for adoption of the Zoning Ordinance and Mr. Hart seconded the motion. Mr. Plummer asked Mr. Patterson if this development is in compliance with the City's Master Plan. Mr. Patterson stated the factors of Policy 1-8 of the Master Plan are supportive of this development. He stated additional right-of-way will be required, and some changes will be needed that can be addressed in the platting stage. Mr. Moore asked Mr. Taylor who owns the extra wastewater capacity, and Mr. Taylor stated the excess capacity issue has not been determined or resolved. Mayor Morris stated this project has been timely prepared and not railroaded. She stated other issues should not be pulled into the personal issues of Lowman, Tanger and Prime. Mr. Plummer stated the City has not intentionally done anything to bring harm to Prime, and have worked diligently in the past to have Prime locate here. On roll call the City Council voted unanimously for adoption of the Zoning