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34. Regular Meeting December 2, 2002 Page 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY ZONING A 458 ACRE, MORE OR LESS, TRACT OF PROPERTY LOCATED IN THE 3900-4700 BLOCKS OF STATE HIGHWAY 123 SOUTH, AS "C" COMMERCIAL DISTRICT (2 ACRES) ¡ "P" PUBLIC AND INSTITUTIONAL DISTRICT (99 ACRES), "SR" SUBURBAN RESIDENTIAL DISTRICT (93.50 ACRES), "R-1" SINGLE-FAMILY DWELLING DISTRICT (LOW DENSITY) (115.72 ACRES), "ZL" ZERO LOT LINE DWELLING DISTRICT (MEDIUM DENSITY) (45 ACRES), "LB" LIMITED BUSINESS DISTRICT (5.86 ACRES), "TH-2" TOWNHOUSE RESIDENTIAL DISTRICT (MEDIUM DENSITY) (9.73 ACRES), AND "MF-3" MULTI-FAMILY DISTRICT (HIGH DENSITY) (29.67 ACRES) ¡ INCLUDING PROCEDURAL PROVISIONS¡ AND PROVIDING FOR PENALTIES. Mayor Habingreither stated the Council will hold a public hearing tonight and at the Regular Meeting scheduled for December 9, 2002, the Council will consider the adoption of the Zoning Ordinance. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. 1) Steve Ramsey, Baker-Aicklen & Associates, stated he represents the applicant, Randall Morris. He stated the Planning and Zoning Commission unanimously approved Mr. Morris' 458 acre zoning request. This zoning request matches the Planning and Zoning Master Plan, which was adopted last May. He stated he will provide the field notes at the next Regular Meeting on December 9, 2002. 2) Randall Morris stated he was present to answer any questions the Council might have. He stated this has been a 10-month process and the Staff has been good to work with. Mayor Habingreither asked if anyone else wished to speak. No one did, so Mayor Habingreither closed the public hearing. Mayor Habingreither introduced for consideration a public hearing and 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 SECTIONS 106.010 AND 106.074 OF THE CITY CODE TO REVISE CITY REGULATIONS FOR NONCONFORMING SIGNS AND OFF-PREMISES SIGNS¡ INCLUDING PROCEDURAL PROVISIONS¡ AND PROVIDING FOR PENALTIES. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. 1) Vincent Hazen stated he was an attorney from Austin. He stated Hays Consolidated Independent School District put up a billboard and another sign company erected a sign which blocked the school's sign. He asked the Council not to adopt this Ordinance. He stated he feels this Ordinance will eliminate competition and will not lower the existing number of signs. 2) Norman Furley stated he opposes any Ordinance which takes away landowners right to use their property as they want. 3) Margaret Lloyd stated she opposes the new sign Ordinance. She feels this proposed Ordinance does not consider the community as a whole. She stated she feels commercial advertisements are ineffective for directional purposes. She feels the transition will take many years before existing signs will be eliminated. 4) Allen Berry stated he is a property owner on IH 35. He stated he questions the Council's process in adopting an Ordinance that