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ORDINANCE NO. 2017-40 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE <br />CITY BY REZONING 706 ACRES OF LAND, MORE OR LESS, OUT OF <br />THE JOEL MINER SURVEY AND LOCATED AT THE SOUTHEAST <br />CORNER OF IH -35 AND YARRINGTON ROAD, KNOWN AS THE <br />"WHISPER" DEVELOPMENT PROJECT, FROM "FD" FUTURE <br />DEVELOPMENT DISTRICT AND "GC" GENERAL COMMERCIAL <br />DISTRICT TO "MU" MIXED USE DISTRICT, "VMU" VERTICAL <br />MIXED USE DISTRICT AND "HC" HEAVY COMMERCIAL DISTRICT, <br />WITH AN OVERLAY DISTRICT OF "PDD" PLANNED DEVELOPMENT <br />DISTRICT; APPROVING STANDARDS FOR SAID PLANNED <br />DEVELOPMENT DISTRICT; INCLUDING PROCEDURAL <br />PROVISIONS; AND PROVIDING FOR PENALTIES. <br />RECITALS: <br />1. On June 27, 2017, the Planning and Zoning Commission of the City of San <br />Marcos held a public hearing regarding a request to amend the Official Zoning Map of the City <br />by changing the zoning classifications "FD" Future Development District and "GC" General <br />Commercial District to "MU" Mixed Use District, "VMU" Vertical Mixed Use District, and <br />"HC" Heavy Commercial District, with an overlay district of "PDD" Planned Development <br />District for 706 acres of land, more or less, out of the Joel Miner Survey and located at the <br />southeast corner of IH -35 and Yarrington Road (the "Project Site," is described by metes and <br />bounds in the attachments to Exhibit "A," attached hereto and made a part hereof for all <br />purposes). <br />2. Subsequent to the public hearing, the Planning and Zoning Commission <br />considered the request and voted to recommend that the request be approved by the City Council <br />of the City of San Marcos. <br />3. The City Council held a public hearing on August 1, 2017 regarding the request. <br />4. All requirements of Chapter 1, Development Procedures, of the City's Land <br />Development Code pertaining to Zoning Map amendments have been met. <br />5. The City Council hereby finds and determines that the adoption of the following <br />ordinance is in the interest of the public health, morals, welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The Official Zoning Map of the City, as described in Section 4.1.2.2 of the <br />City's Land Development Code, is amended to establish zoning classifications for the Project <br />