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77. Regular Meeting June 12,2000 Page 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING A 22.8 ACRE TRACT OF PROPERTY LOCATED IN THE 1500 BLOCK OF IH-35 SOUTH FROM "I" INDUS TRIAL DISTRICT TO "MF-2" MULTI - F AMil., Y DISTRICT (MEDIUM DENSITY) AND BY REZONING 4.340 AND 2.847 ACRE TRACTS OF PROPERTY LOCATED IN THE 1500 BLOCK OF IH-35 SOUTH FROM "I" INDUSTRIAL DISTRICT TO "C" COMMERCIAL DISTRICT; INCLUDING PROCEDUREAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Mayhew moved to remove from the table, adoption of a Zoning Ordinance, and Mr. Moseley seconded the motion. Mr. Terry Allen, owner of the property, stated he was of the opinion that the zoning was outdated and that it was done almost 30 years ago. Mr. Allen stated there could be a lot of hazardous things wrong in industrial property abutting a residential area. Mr. Allen requested that City Attorney Mark Taylor read from the Code on what permitted uses are in Industrial District. Mr. Taylor stated permitted uses in the Industrial District include any use permitted in the Light Industrial District as regulated in Division 28 of the Zoning Chapter in the Light Industrial District. Mr. Taylor read several permitted uses from the Code. Mr. Allen spoke for the Ordinance and stated if the Council did not approve this zoning it would be developing this property into an industrial warehouse development and stated that was not right to do to the neighbors. Mr. Allen stated Mr. Aragon had stated the neighborhood did not want any buildings in this area and that was not going to happen. Mr. Allen stated it would be affordable housing and he is not aware of any shortcuts which go through the neighborhood. Mr. Allen stated he had ridden with Ms. Rodriguez and she had stated it would be a shorcut and he disagreed. Mr. Allen stated he hoped the Council would approve this project because he could not continue to mow it and pay taxes on it because once this zoning is turned down the only use he can offer a buyer is industrial. Mr. Moseley asked Mayor Chiu if he was going to open this issue up for public hearing since the Council had not decided on what they were going to do. The Council agreed to receive public input on this matter. Mr. Chris Richardson, developer of this tract stated there would be no entrance from Victory Gardens on Ellis Street and there were approximately 15 items that they had agreed to change. Mr. Richardson stated the property would be used for families and there had been 10% set aside to be used for handicapped access. Mr. Richardson stated they remain confident that the property will help upgrade the area and they can improve the creek to have a better flow in the area. Mr. Cox stated he had asked to look at the project and feels it has substantial merits. Mr. Cox asked for staff input to outline some of the traffic calming measures that might be taken. Ms. Anderson stated she could not answer specifically for this development because she had not looked at the exact locations that they may have discussed with the Council. Ms. Laurie Anderson spoke briefly about traffic calming measures such as speed cushions and traffic diverters which limit the traffic entering a particular neighborhood by allowing only a one-way access. Ms. Anderson stated the main point that needs to be kept in mind is that the City needed to look at the overall picture because by limiting or implementing traffic calming measures in one area, that will affect other areas. Mr. Cox stated the Council should ask staff to implement a plan for protecting those neighborhood streets where children are likely to play. Ms. Hughson asked for traffic counts at a time later if needed. Discussion ensued. Mayor Chiu then closed the public hearing. Discussion ensued and Mr. Mayhew asked about a formal dedication of parkland. Mr. Richardson stated they had agreed to dedicate the parkland because there are concerns about transients and the neighborhood could make their own rules. Mr. Doiron stated the City does own some property on Ellis Street and would create some entrance from the neighborhood. The motion for adoption passed unanimously. Mayor Chiu introduced for consideration approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCil., OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 106, SIGNS, OF THE SAN MARCOS CITY CODE, PROVIDING FOR SEVERAB ILITY; REPEALIN G ALL CONFLICTING