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20 Regular Meeting July 24, 1995 Page 4 than the 3/4 vote to deny but to approve against the Planning and Zoning Commission recommendation they would need six votes. Mr. Taylor stated that if the consensus of the Council is to side with the denial as recommended there are sufficient votes. Mr. Guerra moved for the Ordinance to be denied and Mr. Hernandez seconded the motion which passed unanimously. Mayor Pro-Tem Mooney 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 A 0.2938 ACRE TRACT OF PROPERTY LOCATED AT 1533 POST ROAD FROM "M" SINGLE-FAMILY, DUPLEX AND NEIGHBORHOOD BUSINESS DISTRICT TO "MF-4" MULTI-FAMILY DISTRICT (HIGH DENSITY) AND DECLARING AN EFFECTIVE DATE. . Mayor Pro-Tem Mooney opened the public hearing and asked if anyone wished to speak. Mr. Mark Van Kleef spoke in favor of the application which was recommended for denial by the Planning and Zoning Commission and stated he was looking for some direction from Council on this matter. Mr. Van Kleef stated the property according to the Master Plan is High Density. Mr. Van Kleef stated two neighbors objected who, between the two of them, are owners of five uninhabitable houses on that street. Mr. Van Kleef stated the concern of the Commission was to protect the integrity of the neighborhood. Mr. Van Kleef stated he would like for the Council to reconsider. Mr. Moore stated the staff finding was one of what the potential impacts of the MF-4 designation would be and the potential exists for numerous driveways and conflict points down the road. Mr. Moore asked Mr. Van Kleef if the Commission had discussed MF-3 actively with him and how did the Commission feel about that. Mr. Van Kleef stated MF-3 would be acceptable and possibly even MF-2 would work and stated it was not a very large tract of land and they would be willing to compromise. Mr. Moore stated the staff had suggested the request be amended to MF-3. Ms. Jane Hughson was present and stated it had been awhile since the Commission had discussed this issue and that her opinion is the zoning of this property to MF-4 is absurd. Ms. Hughson stated there are single-family homes out there and the Master Plan does say multi-family. Ms. Hughson stated there was a row of people who were opposed to this zoning who attended the meeting and Mr. Van Kleef might feel those homes are uninhabitable but there are people living in them. Ms. Hughson stated she does not remember any discussion about MF-3 but she doesn't think so. Ms. Hughson stated she had the same argument with MF-2 and MF-3 zoning for this property. Discussion ensued. Mr. Van Kleef requested this item be tabled or it be sent back to the Planning and Zoning Commission for another approach. No one else spoke so Mayor Pro-Tem Mooney closed the public hearing. Mr. Guerra moved for approval of the Ordinance. Mr. Moore seconded the motion. On roll call the following vote was recorded: Aye: Guerra Nay: Moore,Mooney, Cox, Hernandez The motion .failed. Mr. Guerra moved to deny the request of MF-4 and recommended it be sent back to the Planning and Zoning Commission for consideration of a MF-2 designation. Mr. Moore seconded the motion, with a suggested amendment that in the process of reapplication Mr. Van Kleef not be recharged the application fee. Mr. Guerra indicated his agreement to this amendment. On roll call the following vote was recorded: