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4 Regular Meeting June 9, 1997 Page 3 FAMILY DWELLING DISTRICT (MEDIUM DENSITY) TO "MF-4" MULTI- FAMILY DWELLING DISTRICT (HIGH DENSITY) WITH A MAXIMUM OF 277 DWELLING UNITS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Cox stated he was abstaining from Items 5.B. and 5.C. because he owned property on Prospect Street. Mr. Cox stated he had filed a conflict of interest affidavit with the City Secretary regarding these two items. Mayor Moore opened the public hearing and asked if anyone wished to speak. Mr. Randall Morris stated he was the owner of the granting zone and part owner of Terrand, Ltd. which owns the receiving zone which is the 19 acre tract on Ranch Road 12. Mr. Morris stated he went before the Planning and Zoning Commission in April and received a unanimous support for the plan. Mr. Morris stated the transfer of development rights is a first for him and might be a first for the City as well. Mr. Morris stated there are several areas in town which are better suited and are not being developed even though the developer has a right to develop that particular property. Mr. Morris stated he believed in order for this property never to be developed is to donate it to the City and have them create a permanent open space of it. Mr. Morris stated Ranch Road 12 is a difficult area to develop and the 19 acre site is a good site to develop and he wants to develop that tract. Mr. Morris stated they are leaving 5.8 acres under a 12 per unit MF-2 zoning which is going to be a 69 unit assistance living project and the remaining 2/3 of the property is zoned MF-2 with 12 units per acre and they are asking for a transfer of development rights from the donation of the parkland to increase the remainder of the tract from 12 to 20 per acre. Even though it is an MF-4 zoning it would be capped to 20 units per acre instead of the normal 24 units per acre. Mayor Moore informed Mr. Morris concerns had been voiced about the possible off-site drainage. Mayor Moore stated his understanding was Mr. Morris had agreed as developer to make an investment in wastewater services and also to correct the drainage. Mr. Morris stated that was correct and the plat would be applied for on the 24th of June and all the drainage plans have been approved by the City engineers prior to submitting this plat. Mr. Morris stated he is also planning on upgrading the sewer lines outside of this property for some distance which will improve the sewer capacity for the whole area. Mayor Moore stated another question which was raised was if this high density development goes in on Ranch Road 12 it may have an unhealthy impact on traffic and traffic is already a concern in this area, and the Texas Department of Transportation is widening this section of Ranch Road 12. Mr. Morris stated he did not know of any plans of the widening of Ranch Road 12 and had not been approached for any type of right-of-way easement. Ms. Nova Festervan stated she lived at 221 North Bishop north of this property. Ms. Festervan stated she was opposed to the zoning change because of considerable fall in the elevation. Ms. Festervan stated she was assured by City staff that any developer would be required to control the drainage runoff. Ms. Festervan stated having seen construction projects in and around the City she was not satisfied the construction project in a high density development would not mean real problems for her property and serious implications for the Edwards Aquifer. Ms. Festervan stated North Bishop and Ranch Road 12 are heavily traveled streets and will increase significant traffic hazards. Ms. Festervan stated she failed to see how a transfer of rights will impact this sensitive area. Ms. Festervan stated this will impact the Master Plan without input from the citizens who live in Sector 3. Ms. Festervan stated the Council needs to protect this sensitive area. Ms. Janice Snellings stated she resides at 1807 Ranch Road 12 and stated the truck traffic had increased significantly. Ms. Snellings stated the light backs up traffic and she cannot turn into her driveway. Ms. Snellings is opposed to additional apartments. Ms. Snellings asked if the City can build 270 apartments on the Aquifer recharge area. Ms. Snellings stated she does not understand why they need to have the high density. Mayor Moore stated the recharge zone has density which is regulated by the formal rules of the Edwards Underground Water District and they do have authority and rules about density over the recharge and was not sure if Mr. Morris had inquired about a permit. Ms. Peggy Michalec stated she would like the traffic issue addressed and asked if the citizens matter. Mayor Moore stated Ranch Road 12 is a state highway and within the subdivision development ordinances almost anything can open into a major highway whether it makes sense or not. Ms. Chris North, neighborhood representative from Westover stated they supported the transfer of development rights for parkland and asked the City Council to approve it but not in its