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7 Regular Meeting January 9, 1984 Page 7 Jim Byrn said it would impact the proposed park land if the road is moved. City Manager Gonzalez said Kroger has allocated $150,000 for road improvements, which were recently approved by the Highway Department and that the cost for misalignment of the two entrances far exceeded $37,000. Mr. Brown stated this was the time for nego- tiating for what is needed. C. W. Whitford of TETCO said he felt positive about proceeding with their project after working with the Staff and hopes the Council will approve their zoning requests. He said he would like to proceed with the project as planned and if there are problems in the future with traffic, that they can be addressed at that time. Rodney Huddleston of Kroger stated Kroger would do whatever is needed for the safety of their trucks and the citizens and they have allocated $150,000 for needed improvements. Their trucks will use Wonder World only because McCarty cannot handle truck traffic. The State Highway Department recently approved plans for $40,000 in entrance improvements. The Council voted unanimous approval of the Ordinance on third and final reading. Mayor Craddock introduced for consideration adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE WHICH REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, DATED SEPTEMBER 29, 1980 (VOL. 54) BY ZONING 3.39 ACRES, MORE OR LESS, OF LAND AREA PREPARED FROM PUBLIC RECORD INFORMATION OUT OF THE J. M. VERAMENDI LEAGUE NO. 1, HAYS COUNTY, TEXAS, BEING A PORTION OF THAT 82.06 ACRE TRACT DESCRIBED IN A DEED FROM W. B. WILLIAMS TO TOM E. TURNER DATED JULY 14, 1983, AND RECORDED IN VOLUME 397, PAGE 824 OF THE HAYS COUNTY DEED RECORDS, A/K/A 2500-2600 HUNTER ROAD, FROM "AO" (AGRICULTURAL-OPEN SPACE DISTRICT) TO "c" (COMMERCIAL DISTRICT). Mr. Farr moved for adoption of the Ordinance and Mr. Moore seconded the motion. Mr. Brown asked Planning Commissioner Billy Moore if he felt the City has control of this development through our exist- ing Ordinances, and Mr. Moore said he thought the Council could set certain conditions if they chose to do so. Mr. Brown then asked legal counsel if the City could build contingencies into zoning ap- proval. Billy Moore responded by stating the Planning Commission was in the process of reviewing our PUD ordinance provisions to make recommendations for updating and upgrading the same. He said the developer did not want PUD zoning for this project because it would cause phasing difficulties, but that the Planning Commission would have recommended this development be zoned PUD had our PUD provisions not been inadequate. City Manager Gonzalez said there are no con- tingencies placed on approval of the zoning ordinances. The Council voted unanimously for adoption of the Ordinance. Mayor Craddock introduced for consideration adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECITON 3 OF THAT ORDINANCE WHICH REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, DATED SEPTEMBER 29, 1980 (VOL. 54) BY ZONING TWO TRACTS OF LAND CON- SISTING OF 100.57 ACRES, MORE OR LESS, IN THE J. M. VERAMENDI LEAGUE NO. 1, HAYS COUNTY, TEXAS, A/K/A 2500-2600 HUNTER ROAD, BEING TRACT ONE 89.81 ACRES, MORE OR LESS, OF LAND AREA PREPARED FROM PUBLIC RE- CORDS IN THE J. M. VERAMENDI LEAGUE NO. 1, HAYS