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ORDINANCE NO. 2017-58 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 4, ARTICLE 3 OF THE LAND <br />DEVELOPMENT CODE, SUBPART B, AND SECTION 1.5.4 OF THE SAN <br />MARCOS SMARTCODE, SUBPART C, OF THE CITY CODE, BY <br />ADDING REQUIREMENTS FOR THE CITY COUNCIL'S APPROVAL OF <br />A CONDITIONAL USE PERMIT OR A WARRANT FOR PURPOSE <br />BUILT STUDENT HOUSING, INCLUDING THE REQUIREMENT THAT, <br />AS A CONDITION OF THE APPROVAL, THE LEASE OFFERED TO A <br />STUDENT SHALL INCORPORATE PROVISIONS ENSURING THAT, <br />WHEN A RENTAL UNIT IS UNAVAILABLE FOR OCCUPANCY AS OF <br />THE FIRST DAY OF THE LEASE TERM, THE LANDLORD WILL <br />PROVIDE TEMPORARY ALTERNATE HOUSING OR ALLOW THE <br />STUDENT TO TERMINATE THE LEASE WITHOUT PENALTY; <br />PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF <br />ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE <br />DATE. <br />RECITALS: <br />1. The Planning and Zoning Commission has considered and recommended <br />amendments to the regulations regarding Purpose Built Student Housing under the Land <br />Development Code, Subpart B of the City Code (the "Land Development Code"), and the San <br />Marcos SmartCode, Subpart C of the City Code (the "SmartCode"). <br />2. The City Council has considered the recommendations of the Planning and Zoning <br />Commission. <br />3. All requirements for amending the Land Development Code and SmartCode have <br />been satisfied. <br />4. The City Council hereby finds and determines that the adoption of amendments to <br />the regulations regarding Purpose Built Student Housing is in the interest of the public health, <br />welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The Land Development Code is amended as set forth below. Added text is <br />indicated by underlining. Deleted text is indicated by strikethroughs. <br />