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ORDINANCE NO. 2009-56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 5 OF ORDINANCE NO. 2009-12 TO GRANT THE DEVELOPERS OF THE PROPOSED PURGATORY CREEK APARTMENTS ON HUNTER ROAD AN EXTENSION OF TIME FROM SEPTEMBER 30, 2009 TO JUNE 30, 2010 TO OBTAIN TXDOT APPROVAL OF THE SIZE AND LOCATION OF A CURB CUT AND CONSTRUCTION PLANS FOR A CENTER TURN LANE AND DECELERATION LANE ON HUNTER/HOPKINS ROAD AND TO OBTAIN FINAL APPROVAL AND RECORDING OF A SUBDIVISION PLAT AND APPROVAL OF A SITE PREPARATION PERMIT AS CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY TO CHANGE THE BASE ZONING FROM "GC" GENERAL COMMERCIAL DISTRICT TO "MF-18" MULTI-FAMILY DISTRICT FOR A 12.743 AND 9.761 ACRE, MORE OR LESS, TRACT OF LAND OUT OF THE JM VERAMENDI SURVEY NO. 1, ABSTRACT NO. 17, AND A PROPOSED LAND USE PLAN AND PROPOSED DEVELOPMENT STANDARDS FOR THE PURGATORY CREEK PDD; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE RECITALS: • 1. Section 5 of Ordinance No. 2009-12 sets forth three conditions which must be met on or before September 30, 2009 in order for a proposed Future Land Use Plan revision and Official Zoning Map amendment to become effective in order to change the future land use designation and approve a PDD with base zoning of MF-18 for a 12.743 acre (more or less) tract of land and a 9.736 acre (more or less) tract of land out of the J.M. Veramendi Survey No. 1, Abstract 17 (the "Property") to be deemed approved by the San Marcos City Council 2. Section 5 of Ordinance No. 2009-12 provides that said ordinance shall be deemed void as if it had never been adopted unless the three conditions set forth in that section have not been satisfied by September 30, 2009. 3. The proposed developer of the Property has requested an extension of time until June 30, 2010 to satisfy the conditions set forth in Section 5 of Ordinance No. 2009-12. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Section 5 of Ordinance No. 2009-12 is hereby amended to read as follows (deleted language is shown with strikethroughs and added language is underlined): "SECTION 5. After its original passage, this ordinance will be subject to reconsideration at the next regular City Council meeting. If this ordinance is not reconsidered, or if it is • reconsidered and approved, notice of its adoption will be published in a newspaper of general