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ORDINANCE NO. 2022-29 <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-22-03, BY REZONING APPROXIMATELY 66.66 <br />ACRES OF LAND GENERALLY LOCATED ON STATE HIGHWAY 123 <br />APPROXIMATELY 1,400 FEET SOUTH OF THE INTERSECTION WITH <br />RATTLER ROAD FROM "FD" FUTURE DEVELOPMENT DISTRICT TO <br />"CD -3" CHARACTER DISTRICT -3, OR, SUBJECT TO CONSENT OF <br />THE OWNER, ANOTHER LESS INTENSE ZONING DISTRICT <br />CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND <br />PROVIDING AN EFFECTIVE DATE. <br />RECITALS: <br />1. On March 22, 2022, 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 -3" Character District -3 for approximately 66.66 acres of land <br />generally located on State Highway 123 approximately 1,400 feet south of the intersection with <br />Rattler Road (the "Property"), as described in Exhibit A, attached hereto and made a part hereof <br />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 April 19, 2022, 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 -3" Character District -3. <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conflict with this ordinance are repealed.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 />