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ORDINANCE NO. 2023-81 <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-23-17, BY REZONING APPROXIMATELY 17.937 <br /> ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST <br /> CORNER OF THE STATE HIGHWAY 123 AND REDWOOD ROAD <br /> INTERSECTION, FROM "FD" FUTURE DEVELOPMENT TO "CD-5" <br /> CHARACTER DISTRICT 5, OR, SUBJECT TO CONSENT OF THE <br /> OWNER, ANOTHER LESS INTENSE ZONING DISTRICT <br /> CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND <br /> PROVIDING AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. On October 10, 2023, 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 to"CD-5" Character District-5 for approximately 17.937 acres out of the Barnett K. <br /> Kane Survey, Abstract No. 281, Hays County, Texas, generally located at the northeast corner of <br /> the Hwy. 123 and Redwood Rd. intersection (the"Property"), as described in Exhibit A, attached <br /> hereto and made a part hereof for all purposes. <br /> 2. On October 10, 2023, the Planning and Zoning Commission voted 8-0 to recommend <br /> approval of the request. <br /> 3. The City Council held a public hearing on November 6, 2023, 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 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 conflict with this ordinance are repealed.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 />