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ORDINANCE NO. 2009-53 <br />• <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING SECTION 4.3.1.2 OF THE CITY LAND <br />DEVELOPMENT CODE REGARDING LAND USE MATRIX; AND <br />INCLUDING PROCEDURAL PROVISIONS. <br />RECITALS: <br />1. In accordance with Sections 1.2.4.1, 1.3.8.1, and 4.3.1.1 of the City Land <br />Development Code (the "LDC"), the Planning and Zoning Commission and the City <br />Council have considered proposed amendments to the following sections/subjects in <br />the LDC: <br />Additions to Section 4.3.1.2, Land Use Matrix under Personal and Business <br />Service Uses: <br />The addition of a listing for convenience store with gasoline sales, that are to be <br />permitted by right in the following zoning districts: General Commercial (GC), and <br />Heavy Commercial (HC); and are to be conditionally approved in the following <br />districts: Central Business Area (CBA), Mixed Use (MU), Neighborhood Commercial <br />(NC), and Community Commercial (CC) <br />• 2. The Planning and Zoning Commission held a public hearing on the proposed <br />amendments on August 11, 2009, and subsequently voted to recommend the adoption <br />of the proposed amendments to the City Council. <br />3. The City Council conducted a public hearing on the proposed amendments on <br />September 1, 2009. <br />4. All applicable requirements of the Land Development Code and of Chapters <br />211 and 212 of the Texas Local Government Code pertaining to subdivision and zoning <br />ordinance amendments have been met, and the City Council finds and determines that <br />the adoption of this ordinance is in the interest of the public health, morals, welfare and <br />safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The Personal and Business Service Uses section of the Land Use <br />Matrix table included in Section 4.3.1.2 of the City Land Development Code is amended to <br />add a listing for convenience store with gasoline sales that reads as shown in the attached <br />Exhibit "A." <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this <br />• ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction,