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ORDINANCE NO. 2021-38 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE <br />CITY IN CASE NO. ZC-21-01 BY REZONING APPROXIMATELY 6.698 <br />ACRES OF LAND, GENERALLY LOCATED IN THE 100 BLOCK OF <br />CENTERPOINT ROAD, FROM "FD" FUTURE DEVELOPMENT <br />DISTRICT TO "CD -5" CHARACTER DISTRICT -5, OR SUBJECT TO <br />CONSENT OF THE OWNER, ANOTHER LESS INTENSE ZONING <br />DISTRICT CLASSIFICATION; INCLUDING PROCEDURAL <br />PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. <br />RECITALS: <br />1. On April 27, 2021, 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 "CD -5" Character District -5 for approximately 6.698 acres of land, <br />generally located in the 100 Block of Centerpoint Road (the "Property"), as described in Exhibit <br />A, attached hereto and made a part hereof for all purposes. <br />2. The Planning and Zoning Commission approved a recommendation to the City Council <br />regarding the request. <br />3. The City Council held a public hearing on May 18, 2021 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 Property, as <br />described in Exhibit A, from "FD" Future Development District to "CD -5" Character District -5. <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conflict with this ordinance are repealed.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 will take effect after its passage, approval and adoption on <br />second reading. <br />