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Regular Meeting September 19, 2006 Page 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL FOR A 0.98 ACRE, MORE OR LESS, TRACT OF LAND LOCATED AT 1200 OLD MARTINDALE ROAD; AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING THIS TRACT FROM ?SF-6? SINGLE FAMILY DISTRICT TO NEIGHBORHOOD COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Narvaiz opened the public hearing, and asked if anyone wished to speak. No one did so Mayor Narvaiz closed the public hearing. Mr. Jones moved for adoption of the Zoning Ordinance, and Mr. Guerrero seconded the motion. Mr. O?Leary stated the applicant is requesting the land-use change for a day care center. The Council then voted unanimously for adoption of the Zoning Ordinance. Mayor Narvaiz 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 AN AMENDMENT TO THE FUTURE LAND USE MAP FROM OPEN SPACE, COMMERCIAL AND INDUSTRIAL TO COMMERCIAL FOR A 113.333 ACRE, MORE OR LESS, TRACT OF LAND LOCATED IN THE 2500 ? 2800 BLOCKS OF IH-35 SOUTH; AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING THIS TRACT FROM HEAVY INDUSTRIAL DISTRICT TO GENERAL COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Narvaiz opened the public hearing, and asked if anyone wished to speak. Melissa Matthiesen, Agent for Direct Development, stated she is present to answer any question. Mayor Narvaiz asked if anyone else wished to speak. No one did so Mayor Narvaiz closed the public hearing. Mr. Thomaides moved for adoption of the Zoning Ordinance, and Mr. Guerrero seconded the motion. Mr. O?Leary stated this property was acquired by the Texas General Land Office for the Permanent School Fund and a portion is proposed to be sold to Direct Development in the near future. The ultimate project was originally presented to staff as approximately 800,000 square feet of commercial retail space and 10 commercial pad sites. The applicant has requested GC zoning for the entire tract which requires FLUMA for portions of the property as well as rezoning. Mr. Mihalkanin inquired to whether the GLO has plans to sell the additional properties out right. Mr. Mihalkanin stated the 33 acre property is set to close on November 1, 2006. Mr. O?Leary stated the developer will be closing on the 33 acres on November 1, 2006 and has until March 2007 to buy the remaining 74 acres. Mr. Thomaides inquired to whether the developer plans to develop a retail center. Ms. Matthiesen stated the developer plan to develop a restaurant, banks, J C Penney?s among other businesses. Mr. Thomaides inquired to the square footage of Phase 1. Ms. Matthiesen stated Phase 1 contains 300,000 square feet. Mr. Jones inquired to the impact of not acquiring the remaining 74 acres would have on their development. Ms. Matthiesen stated