Ord 2021-062/amending the zoning map in Case No. ZC-21-11 by rezoning 0.98 aces located at 1909 Dutton Drive from General Commerical District to Character District-4

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ORDINANCE NO. 2021-62 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-21-11 BY REZONING APPROXIMATELY 0.98 ACRES OF LAND, MORE OR LESS, OUT OF LOT 5, BLOCK 1, SAN MARCOS BUSINESS PARK, SECTION 2, LOCATED AT 1909 DUTTON DRIVE, FROM "GC" GENERAL COMMERCIAL DISTRICT TO 66CD-4" CHARACTER DISTRICT -4, OR SUBJECT TO CONSENT OF THE OWNER, ANOTHER LESS INTENSE ZONING DISTRICT CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. On July 13, 2021, the Planning and Zoning Commission of the City of San Marcos held a public hearing regarding a request to change the zoning designation from "GC" General Commercial District to "CD -4" Character District -4 for approximately 0.98 acres of land, more or less, out of Lot 5, Block 1, San Marcos Business Park, Section 2, located at 1909 Dutton Drive (the "Property"), as described in Exhibit A, attached hereto and made a part hereof for all purposes. 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 August 3, 2021 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 Property, as described in Exhibit A, from "GC" General Commercial District to "CD -4" Character District -4. 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.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.