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86 Regular Meeting October 26, 1992 Page 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING APPENDIX A - GENERAL ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTIONS 19(A) (2), 20(A) (1), 21(A) (4) AND 22(A) (4) WITH REGARD TO THE OCCUPANCY OF TOWNHOUSES LOCATED IN THE "MF-1", "MF-2", "MF-3" AND "MF-4" MULTI-FAMILY DWELLING DISTRICTS; AMENDING SECTION 26(B) TO ADD FRATERNITY AND SORORITY BUILDINGS AS SPECIFIED USES IN THE PUBLIC AND INSTITUTIONAL DISTRICT; AMENDING SECTION 35(H) (3) WITH REGARD TO THE REGULATION OF TABC SPECIFIC USE PERMITS; AMENDING SECTION 36(F) TO CORRECT A CONFLICTING PROVISION REGULATING THE MINIMUM SIDE SETBACK FOR TOWNHOUSES ON CORNER LOTS; AMENDING SECTION 37(A) (25) TO REQUIRE THAT ALL REQUIRED OFF-STREET PARKING SPACES BE LOCATED ON THE SAME LOT OR TRACT OF LAND AS THE PRINCIPAL USE OR USES BEING SERVED BY THE PARKING AREA; AMENDING SECTION 41(C) (4) TO ALLOW THE ZONING BOARD OF ADJUSTMENTS TO GRANT CERTAIN SPECIAL EXCEPTIONS WITH REGARD TO OFF-SITE PARKING; AMENDING SECTION 41(C) (2) TO LIST WHICH PROVISIONS ARE NOT ELIGIBLE FOR A VARIANCE; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Morris opened the public hearing and asked ïf anyone wished to speak for or against the amendments. No one did, so Mayor Morris closed the public hearing. Mr. Guerra moved for approval of the Ordinance on first reading and Ms. Kissler seconded the motion. Mayor Morris asked Mr. Patterson about nonconforming uses. Mr. Patterson stated over time nonconforming uses will be upgraded, and if a business has a particular problem the City could require the business to go through the Zoning commission for approval. Mr. Patterson stated in section 10(2) of the Ordinance the Board can grant variances on anything in design standards only. Mr. Taylor added the measurements criteria is still in the Ordinance of what is allowable as a variance. Mr. Moore 'asked what impact TH-1 and TH-2 zoning has in residential neighborhoods (Page 2, section 1[2] and section 2[1]), and Mr. Patterson stated the revision on Page 2 was to delete conflicting language. Mr. Hart asked Mr. Patterson to explain section 41(C) regarding off-street parking, and Mr. Patterson stated the Board of Adjustments can allow a variance to provide relief in certain circumstances to the standard requirements for off-street parking if two tracts are under the same ownership or there is a contract. The Council voted unanimously for approval o~the Ordinance on first reading. Mayor Morris introduced for consideration approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ELIMINATING THE PERSONNEL APPEALS BOARD; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Mr. Hart moved for approval of the Ordinance on first reading and Mr. Plummer seconded the motion. Mayor Morris moved to amend the Ordinance in the last sentence in Section 2.(3) to read, "In the case of employees who are not council appointees, a copy of the- recommendation shall be provided to the city manager," and Mr. Moore! seconded the motion, which passed unanimously (Mr. Guerra not present to vote on this item). The Council then voted unanimously for approval of the Ordinance on first reading (Mr. Guerra not present to vote on this item). . Mayor Morris introduced for consideration approval of minutes of the Regular Meeting held October 12, 1992 and Special Meeting held October 19, 1992, adoption of seven Resolutions, approval for First Southwest Company to bid on the City of San Marcos Bonds at the November sale, and an addendum, approval to purchase through the State Purchasing Program 23 Police Vehicles and 1 Pickup Truck for K-9 Patrol for the Police Department in the amount of $305,333.90 as replacement Police Vehicles on consensus. The Council removed Items 5.B. (2), (4) and (6) to be considered separately. Ms. Kissler moved for approval of the minutes of the Regular Meeting held October 12,