Ord 2020-083/amending the zoning map by rezoning appromixately 32.24 acres lcoated in the 2400 Block of Hwy 123 from "FD" Future Development to "CD-5" Character Distrcit 5 District

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ORDINANCE NO. 2020-83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY IN CASE NO. ZC-20-24 BY REZONING APPROXIMATELY 32.24 ACRES OF LAND, GENERALLY LOCATED IN THE 2400 BLOCK OF STATE HIGHWAY 123, FROM "FD" FUTURE DEVELOPMENT DISTRICT TO "CD -5" CHARACTER DISTRICT -5 DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. On October 27, 2020, the Planning and Zoning Commission of the City of San Marcos held a public hearing regarding a request to change the zoning designation from "FD" Future Development District to "CD -5" Character District -5 District for approximately 32.24 acres of land, generally located in the 2400 Block of State Highway 123. 2. The Planning and Zoning Commission approved a recommendation to the City Council regarding the request. 3. The City Council held a public hearing on November 17, 2020 regarding the request. 4. All requirements pertaining to Zoning Map amendments have been met. 5. The City Council hereby finds and determines that the adoption of the following ordinance is in the interest of the public health, morals, welfare and safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The Official Zoning Map of the City is amended to rezone the approximately 32.24 -acre tract of land described by metes and bounds in Exhibit A, attached hereto and made a part hereof for all purposes, from "FD" Future Development District to "CD -5" Character District - 5 District. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. This ordinance will take effect after its passage, approval and adoption on second reading.