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53 Regular Meeting September 8, 1997 Page 3 D AYE: Mihalkanin, Hughson, Hart, Moore, Cox, Hernandez. NAY: Guerra. ABSTAIN: None. Mayor Moore 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 0.25 ACRE, MORE OR LESS, TRACT OF PROPERTY LOCATED AT 517 WEST HOPKINS STREET FROM "MF-4" MULTI-FAMILY DISTRICT (HIGH DENSITY) TO "R-1" SINGLE FAMILY DWELLING DISTRICT (LOW DENSITY); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Mihalkanin stated he filed an Affidavit of Disclosure form and had a direct conflict of interest and removed himself from the Council Chambers. Mayor Moore opened the public hearing and asked if anyone wished to speak. There were no speakers so Mayor Moore closed the public hearing. Mayor Moore stated for many years this has been a transitional neighborhood with multi-zonings; however it was the recommendation of the Sector Plan to zone single-family where such zonings exist. The Council then voted unanimously for adoption of the Zoning Ordinance. (Mr. Mihalkanin not present on roll call). Mayor Moore introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AIN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING A 2975 ACRE TRACT OF PROPERTY LOCATED AT 1511 RANCH ROAD 12 FROM "R- I" S INGLE-FAMILY DWELLING DISTRICT (LOW DENSITY) TO "MF- 1" MULTI-FAMILY DISTRICT (LOW DENSITY); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Ms. Hughson stated she had a conflict of interest because a family member owns property within 200 yards of this property, filed an Affidavit of Disclosure form, and removed herself from the Council Chambers. Mr. Hart stated he has a conflict of interest because he manages the property and removed himself from the Council Chambers. Mr. Taylor stated there must be a majority vote on this issue because of the petitions of more than 20% of the surrounding neighbors filed with the City Secretary. Mayor Moore opened the public hearing and asked if anyone wished to speak. Betsy Robertson stated she would like to zone this property to be in compliance with the surrounding properties and would like the Council to consider this issue separate from the Sector Two Plan and the Weatherford's property. Ms. Robertson stated it was not her intention to sell the property at this time and had plans to live on the property. John McBride who lives at 703 Franklin, stated he opposes this zoning change because he feels it would bring more Multi- Family usage into the area. He stated Ms. Robertson bought the property as "R-1" and would like her to consider the neighborhood and keep the property zoned accordingly. Mr. McBride stated the neighbors tried to compromise with Ms. Robertson and agreed to a "PDD" zoning use in order to maintain the quality of life in the area. Jake Issac, Oak Heights Neighborhood, stated they would like to keep the neighborhood as Single-Family District. Ms. Robertson stated they considered "PDD" Zoning; however felt it was set up for larger tracts. Camille Phillips stated she opposed this zoning change. There were no other speakers so Mayor Moore closed the public hearing. Mr. Guerra moved to deny the Ordinance. Motion failed due to no second. Mr. Guerra stated this issue should be dealt with as a separate issue from the Sector Two Plan. Mr. Cox moved to table the Ordinance and suggested representatives from the neighborhood and the property owners try to reach an agreement. Mr. Hernandez seconded the motion. On roll call the following vote was recorded: