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4 Regular Meeting May 13, 1996- Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE LEASE AGREEj\oŒNT BETWEEN THE CITY Ai'ID THE SAt~ MARCOS YOUTH SOCCER ASSOCIATION FOR A 9.48 ACRES AT GARY PARK; AUTHORIZING THE CITY M....u~AGER TO EXECUTE THE AGREE1-1ENT; AND DECLARING Ai'f EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAt'f MARCOS, I TEXAS, APPROVING THE TERMS Ai'ID CONDITIONS OF A LETTER ¡ AGREE1-1ENT BETWEEN THE CITY AND COLORADO MATERIALS COMP At'fY, L INC. TO EXTEND THE TERMS OF Ai'f ANNUAL CONTRACT FOR THE PURCHASE OF HOT lvllXIHOT LAY ASPHALTIC CONCRETE; AUTHORIZING THE CITY NfANAGER TO EXECUTE THE AGREE1-1ENT ON BEHALF OF THE CITY AND DECLARING Ai'f EFFECTIVE DATE.. Mayor Moore introduced for consideration Item 9.B.(1) removed from the consensus agenda, approval of an Ordinance on second reading, the caption which was read as follows: Ai'f ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAt'f MARCOS, TEXAS, At\1ENDING THE FOLLO\VING SECTIONS OF THE ZONING CHAPTER OF THE CITY CODE: 114.353 AND 114.368, TO INCREASE THE NfINTh1UM LOT SIZE IN MF-4 Ai'ID MF-5 ZONING DISTRICTS; 114.518 AND 114.533, TO INCREASE THE SETBACK REQUIREj\fENTS IN LI AND I ZONING DISTRICTS; 114.578, TO REVISE CERTA.IN" REQUIREj\fENTS REGARDING FRATERNITY/SORORITY SPECIFIC USE PERL\.1ITS; AND 114.618, TO INCREASE THE MAX:Th1mv1 HEIGHT OF FENCES IN RESIDENTIAL SIDE YARDS ADJACENT TO STREETS; INCLUDING PROCEDURAL PROVISIONS; At'fD PROVIDING FOR PENALTIES. t ?v'fr. Guerra moved for approval of the Ordinance on ,second reading and Mr. Hart seconded the I motion. IYIs. Hughson moved to amend Section 1 so that Section 114.353 (1) a. of the City Code t- is amended to read as follows" 12,000 square feet so that the gross density does not exceed 24 dwelling units per acre", and Section 2 so that Section 114.368 (1) a. of the City Code reads as follows "20,000 square feet so that the gross density does not exceed 40 dwelling unites per acre" and Mr. Cox seconded the motion. ?vir. Patterson stated only one "MF-5" zoned property under 3,000 square feet had been located and would be virtually unbuiIdable. He stated that most of the undersized lots zoned "MF-4" could be developed through the non-conforming lot provision of the zoning ordinance. Mr. Patterson stated the proposed zoning ordinance amendment would prohibit someone from rezoning a small parcel of land to a high density multi-family use. Mr. Patterson suggested the amendment be changed to read in Section 1, "12,000 square feet" and Section 2, "20,000 square feet". Discussion ensued. Mr. Guerra questioned who suggested changing the Ordinance. j\1r. Patterson stated the Planning & Zoning Commission asked Staff to address the problem of multi-family uses being proposed on small lots between single-family residential dwellings. Nfr. Hart stated he felt the current Ordinance had been effective and the Sector Planning should continue so the Council could deal with each situation on an individual basis. Discussion ensued. The Council then voted unanimously for approval of the amendment. ~'fr. Hart moved to amend the Ordinance to delete Section 1 and Section 2 and Mr. Hernandez seconded the motion. On roll call the following vote was recorded: AYE: Hart, Guerra, Hernandez. r NAY: Mihalkanin, Hughson, Moore, Cox. ~~., ABSTAIN: None. The motion failed. The Council then voted for approval of the Ordinance on second reading. On roll call the following vote was recorded: AYE: Mihalkanin, Hughson, Moore, Cox. .