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Regular Meeting August 26, 2002 3. Page 3 Mayor Habingreither 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, APPROVING A ZONING MAP AMENDMENT FROM "MF-4" MULTI-FAMILY DISTRICT (HIGH DENSITY) TO "MF-1" MULTI-FAMILY DISTRICT (LOW DENSITY) FOR A 2.06 ACRE TRACT OF PROPERTY LOCATED AT 322 SOUTH JOHNSON AVENUE; REVISING THE FUTURE LAND USE PLAN OF THE CITY MASTER PLAN TO CONFORM TO THIS ZONING MAP AMENDMENT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. No one wished to speak, so Mayor Habingreither closed the public hearing. Ms. Narvaiz moved for adoption of the Ordinance and Mr. Mayhew seconded the motion. Mr. Mihalkanin stated approving the Ordinance it will change two things. Mr. Mark Taylor stated by approving the Ordinance will actually rezone and revise the land use plan. He also stated Planning and Zoning handled this as two separate matters. Mr. Mihalkanin stated he felt this Ordinance reflected a compromise, although the City does not like to spot zone. Mr. Taylor inquired as to whether this property was in the 100- year floodplain. Mr. Patterson, Director of Planning, stated this property was zoned "D", which zoning was changed to become "Multi-Family 4". He also stated this property is in the 100-year-old floodplain and the family, which presently owns the property, has no plans to develop. Mr. Mihalkanin inquired as to the building restrictions allowed over the recharge zone. Mr. Patterson stated Low Density allows the building of six units per acre and on Very Low Density, three units per acre over the recharge zone, or along the river. He also stated he feels this is a good compromise. The Council then voted unanimously for adoption the of Zoning Ordinance. Mayor Habingreither 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 THE CITY'S 2001-2002 BUDGET TO TRANSFER FUNDING FROM VARIOUS FUND BALANCES TO CAPITAL IMPROVEMENT PROJECTS; AND DECLARING AN EFFECTIVE DATE. Mr. Mayhew moved for approval of the Ordinance on the first reading and Ms. Narvaiz seconded the motion, which passed unanimously. Mayor Habingreither 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, APPROVING THE SALE OF LOT 28, J.P. ELLIS SUBDIVISION, SECTION 1, LOCATED AT 330 ELLIS STREET, TO JOHN G. MARTINEZ; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED; AND PROVIDING AN EFFECTIVE DATE.