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73 Regular Meeting August 26, 1996 Page 2 Mayor Moore opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Moore closed the public hearing. Ms. Hughson moved for adoption of the Zoning Ordinance and Mr. Cox seconded the motion, which passed unanimously. 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 1.34 ACRE TRACT OF PROPERTY LOCATED AT 1522 RANCH ROAD 12, FROM "C" (COMMERCIAL DISTRICT) TO "MF-4" (MULTI-FAMILY DISTRICT [HIGH DENSITY]); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Moore opened the public hearing and asked if anyone wished to speak. Ms. Hughson advised she needs to abstain on this matter because her brother owns property adjacent to this, filed an affidavit of conflict and left the Chambers. Blanche Franks of Highcrest Apartments and Quail Ridge, stated they are trying to bring the property into compliance with City Code. They have no plans to build any additional apartments. The apartments have been there since 1982 or 1983. No one else wished to speak, so Mayor Moore closed the public hearing. Mr. Guerra moved for adoption of the Zoning Ordinance and Mr. Hernandez seconded the motion, which passed unanimously (Ms. Hughson not present to vote on this item). 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 0.78 ACRE TRACT OF PROPERTY LOCATED AT 1505-1515 EARLE STREET, FROM "R-1" (SINGLE-FAMILY DWELLING DISTRICT [LOW DENSITY]) TO "DP-1" (TWO-FAMILY DWELLING DISTRICT [LOW DENSITY]); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Moore opened the public hearing and asked if anyone wished to speak. Joe Schneider was present representing the owners of the properties. He stated there are four lots in question, arid one has a house on it. They are requesting DP1 zoning so they can build houses and rent them. Rita Torres stated she owns property at 1504 Earle and 1404 Marlton, and this property is across the street from her home. She stated they want family homeowners. The duplexes in the area that have been rented have created problems for the homeowners, and she is opposed to this zoning request. Mr. Schneider stated they do not plan to build duplexes, they plan to build single-family homes and rent them to three unrelated people. Mayor Moore asked Mr. Schneider if he knew of others violating the Zoning Ordinance, and he stated yes. No one else wished to speak, so Mayor Moore closed the public hearing. Mr. Guerra moved to deny the zoning request and Mr. Cox seconded the motion. Ms. Hughson commended Mr. Schneider for the work he has done in that area, but expressed she thinks the zoning needs to remain R-1 because it is encircled by R-1. Mr. Cox stated he agrees with Ms. Hughson and i thinks it is significant that the Planning and Zoning Commission denied this zoning request and the Council needs to leave the zoning as R-1. Mr. Hart stated the fact no more than two unrelated individuals may occupy a property in an R-1 zoning creates a burden on the property owner to make rental payments. It would prohibit college student occupancy in a neighborhood, but it would also prohibit three professionals who teach at the university. Mr. Hart thinks this is a problem worthy of further discussion bythe Planning and Zoning Commission first. Mr. Hart stated as one who survived the late 80s, it was a tremendous hardship and can appreciate what Mr. Schneider is trying to accomplish. Ms. Hughson stated the rules are in place and no one is making Mr. Schneider buy the lots or build the homes, and he knows what the rules are that are in place right now. Mr. Hernandez stated he suggests to Mrs. Torres if she knows of zoning violation problems, she needs to