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38. Regular Meeting August 25, 2003 Page 4 change from R-1 to R-2. He stated the Zoning change from R-1 to R-2 would change the setbacks from 20 ft to 15 ft. Mayor Habingreither asked if anyone else wished to speak. No one did, so Mayor Habingreither closed the public hearing. Ms. Narvaiz moved for adoption of the Zoning Ordinance and Mr. Diaz seconded the motion. Mr. Montoya inquired why the City would not grant a variance. Mr. O'Leary stated each of the 55 tracts would have to request a variance. Ms. Narvaiz stated the Planning and Zoning Commission approved this request 7 to 0. The Council then voted unanimously for adoption of the Zoning Ordinance. Mayor Habingreither introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ARTICLE 3, RESIDENTIAL CODE, FOR ONE AND TWO-FAMILY DWELLINGS, OF CHAPTER 14, BUILDINGS AND BUILDING REGULATIONS, OF THE CITY CODE BY ADDING A NEW SECTION 14.042, ADOPTING REGULATIONS FOR SINGLE-FAMILY AND DUPLEX INDUSTRIALIZED HOUSING, AND ADDING A NEW SECTION 14.043, ADOPTING ARCHITECTURAL LANDSCAPING REGULATION FOR ONE AND TWO-FAMILY DWELLINGS; INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. Mr. Thomaides moved for adoption of the Ordinance on emergency and Ms. Narvaiz seconded the motion. Mr. O'Leary stated the proposed Ordinance would regulate the industrial housing with state law to require 1) the value of the home to be equal or greater than the median value of houses within 500 feet, 2) compliance with all single-family zoning and subdivision regulations, and 3) permanent foundations. He also stated Staff has included other options the Council may want to consider regulating 1) exterior features/architectural characteristics and 2) minimum landscaping requirements, which would have to apply to both modular and new stick built housing. Mr. Taylor inquired what exterior features can be regulated. Carol Barrett, Director of Planning and Development Services, stated the City can regulate the siding, roofing materials, roof pitch and foundation fascia compatible with the single- family dwellings located within 500 feet of the lot on which the industrialized housing is proposed. She stated the proposed location must be compatible with 51% of the single-family dwellings located within that 500-foot area and share an architectural style encompassing the exterior features. Mr. Taylor inquired as to the downside of the exterior features. Ms. Barrett stated the exterior feature regulations would affect the cost and make it not feasible to buy a modular home. Mr. Taylor stated he is for strict regulation on this issue because modular homes cost construction workers jobs and violate deed restrictions. Ms. Barrett stated there are some optional requirements in the Council packets. Mr. Mihalkanin inquired if the Council amended the proposed Ordinance with the optional requirements would it affect all homes. Ms. Barrett stated the amendments may be applicable to all single-family dwellings, including industrial housing. Mr. Taylor moved to amend by adding (b) (4) have exterior siding or treatment, roofing materials, roof pitch, and --