Ord 2023-035 amending the Official Zoning Map of the City in Case No. ZC-23-10, by rezoning approximately 27.6 acres of land

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ORDINANCE NO. 2023-35 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-23-10, BY REZONING APPROXIMATELY 27.6 ACRES OF LAND, MORE OR LESS, OUT OF THE CYRUS WICKSON SURVEY, ABSTRACT NO. 474, THE JOHN FREDERICK GEISTER SURVEY, ABSTRACT NO. 203, THE FARNHAM FRYE SURVEY, ABSTRACT NO. 183, AND THE REBECCA BROWN SURVEY, ABSTRACT NO. 46, IN HAYS COUNTY, TEXAS, GENERALLY LOCATED AT 2409 OLD BASTROP HIGHWAY, FROM "FD" FUTURE DEVELOPMENT TO "CD -5" CHARACTER DISTRICT 5, OR, SUBJECT TO CONSENT OF THE OWNER, ANOTHER LESS INTENSE ZONING DISTRICT CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. On March 28, 2023, 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 to "CD -5" Character District -5 for approximately 27.6 acres out of the Cyrus Wickson Survey, Abstract No. 474, the John Frederick Geister Survey, Abstract No. 203, the Farnham Frye Survey, Abstract No. 183, and the Rebecca Brown Survey, Abstract No. 46, Hays County, Texas, generally located at 2409 Old Bastrop Highway (the "Property"), as described in Exhibit A, attached hereto and made a part hereof for all purposes. 2. On March 28, 2023, the Planning and Zoning Commission voted 9-0 to recommend approval of the request. 3. The City Council held a public hearing on April 18, 2023, 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 "FD" Future Development to "HI" Heavy Industrial. 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.