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ORDINANCE NO. 2020-33 <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 APPROXIMATELY 7.959 ACRES OF LAND, <br />GENERALLY LOCATED IN THE 400 BLOCK OF CENTERPOINT <br />ROAD, FROM "FD" FUTURE DEVELOPMENT DISTRICT TO "HC" <br />HEAVY COMMERCIAL DISTRICT; INCLUDING PROCEDURAL <br />PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. <br />RECITALS: <br />1. On April 28, 2020, the Planning and Zoning Commission of the City of San Marcos <br />held a public hearing regarding a request to change the zoning designation from "FD" Future <br />Development District to "HC" Heavy Commercial District for approximately 7.959 acres of land, <br />generally located in the 400 Block of Centerpoint Road. <br />2. The Planning and Zoning Commission voted to recommend that the request be approved <br />by the City Council. <br />3. The City Council held a public hearing on May 19, 2020 regarding the request. <br />4. All requirements 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 is amended to rezone the tract of land <br />described in Exhibit A, attached hereto and made a part hereof, from "FD" Future Development <br />District to "HC" Heavy Commercial District. <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held <br />to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />SECTION 4. This ordinance shall not be effective unless and until the date (the "Effective <br />Date") that all of the following conditions (the "Conditions") have been satisfied: (i) this ordinance <br />is finally passed, approved and adopted on second reading; (ii) an ordinance annexing the Property <br />into the corporate limits of the City has been finally passed, approved and adopted; and (iii) Outlet <br />West Investors, Ltd. has conveyed fee title to the Property to CBTX Capital, LLC, or its permitted <br />