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ORDINANCE NO. 2007- 50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 4.3.1.2 OF THE CITY LAND DEVELOPMENT CODE REGARDING LAND USE MATRIX; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENAL TIES. RECITALS: 1. In accordance with Sections 1.2.4.1, 1.3.8.1, and 4.3.1.1 of the City Land Development Code (the "LDC"), the Planning and Zoning Commission and the City Council have considered proposed amendments to the following sections/subjects in the LDC: Additions to Section 4.3.1.2, Land Use Matrix: Liquor Sales (Retail beer and wine only) Restaurant/Prepared Food Sales with beer and wine sold for both on premise and off premise consumption. Both of the above uses to be permissive uses in Community Commercial District, General Commercial District and Heavy Commercial District. Both of the above uses may be permitted in the Central Business Area District upon application and approval of a Conditional Use Permit. 2. The Planning and Zoning Commission held a public hearing on the proposed amendments on July 10, 2007, and voted to recommend the adoption of the proposed amendments to the City Council. 3. The City Council conducted a public hearing on the proposed amendments on August 6 , 2007. 4. All applicable requirements of the Land Development Code and of Chapters 211 and 212 of the Texas Local Government Code pertaining to subdivision and zoning ordinance amendments have been met, and the City Council finds and determines that the adoption of this ordinance is in the interest of the public health, morals, welfare and safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Part of the Retail Uses section of the Land Use Matrix table included in Section 4.3.1.2 of the City Land Development Code is amended to read as shown in the attached Exhibit A.