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76 Regular Meeting March 8, 1982 Page 2 OF BUILDINGS, STRUCTURES AND LAND, DATED SEPTEMBER 29, 1980 (VOL. 54) BY CHANGING THE ZONING OF 0.4145 ACRES OF LAND, BEING A PORTION OF LOTS 4, 5, 6 AND 7 OUT OF THE W. O. MEINERS FIRST SURBURBAN ADDITION, LOCATED AT THE INTERSECTION OF LOOP 82 AND ZUNKER STREET, FROM "R-l" (SINGLE-FAMILY DWELLING DISTRICT) TO "M" ( SINGLE, DUPLEX, MULTI-FAMILY DWELLINGS AND NEIGHBORHOOD BUSINESSES). Mr. Cavazos moved for approval of the Ordinance on first reading and Mr. James seconded the motion, which passed unanimously. Mayor Craddock opened a public hearing to consider the appeal of Taco Torch from the Planning and Zoning Commission's decision denying con- ditional use permit to serve beer on the premises. Rachel Piedfort, an attorney from Austin representing Taco Torch, stated they wanted to appeal the denial by the Planning and Zoning Commission. She stated under our Ordinances a specific use permit is not required for restaurants for the sale of beer on the premises. City Attorney Barbara Edwards agreed with Ms. Piedfort, that as long as Taco Torch did not have a separate bar from the restaurant, they did not need a specific use permit, only a conditional use permit from the Staff. No one else wished to speak in favor of the appeal, so Mayor Craddock asked if anyone wished to speak in opposition of the appeal. John Whittington of the McCarty Student Center stated the alcoholic abuse of the students at Southwest Texas was a civic problemthat everyone needed to deal with and that the noise level of such establishments protruded across property lines. Craig Johnson's family home at 429 Guadalupe Street is across the street from the Taco Torch and he re- quested denial of the permit. Nancy Elliott states she owns property within 200 feet of the Taco Torch and she wanted the permit denied, that there are enough bars already in existence in San Marcos. Mrs. Craig Johnson stated the Planning and Zoning Commission denied the request because of its close proximity to the McCarty Center, and that there are enough alcoholic beverage places available without granting another one a permit. No one else wished to speak in favor or in opposition to the appeal, so Mayor Craddock closed the public hearing. During a discussion of the Council with City Attorney Barbara Edwards, she stated the Planning and Zoning Commission had no specific proposal set out in words to declare a moratorium of the issuance of permits, that P and Z at this time was in the exploring stage. Mr. James moved to grant the permit as long as the primary business re- mained the preparation and sale of food with an adequate kitchen, for only the sale of beer on premises, and Mr. Cavazos seconded the motion. On roll calf the following vote was recorded: AYE: Cavazos, James, Craddock, Kreczmer, Mendez. NAY: Brown. ABSTAIN: None. Mayor Craddock opened a public hearing to consider approval of an ap- plication of Al's Taxi (Al Quintero) for a certificate to operate a taxicab business in San Marcos. Al Quintero spoke in favor of approval for his taxicab service. Opposing the request were Roger Jenkins, who felt another taxicab service was not needed, and Elise Heisler, who agreed with Mr. Jenkins. Mr. Quintero said he would get a commercial location for his business (rather than his home) and would operate the taxi service during the hours required by Ordinance. Mayor Craddock moved a decision be delayed pending Mr. Quintero acquiring further in- formation on his application, and Mr. James seconded the motion, which passed unanimously.