Ord 2024-047 amending the Official Zoning Map of the city in Case No. ZC-24-06 by rezoning approximately 36.91 acres of land, generally located on the southern side of FM-110/East McCarty Lane and the northern side of Old Bastrop Highway

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ORDINANCE NO. 2024-47 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-24-06 BY REZONING APPROXIMATELY 36.91 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTHERN SIDE OF FM-110/ EAST MCCARTY LANE AND THE NORTHERN SIDE OF OLD BASTROP HIGHWAY, APPROXIMATELY 1,600 FEET WEST OF THE INTERSECTION BETWEEN OLD BASTROP HIGHWAY AND SH- 123, FROM FUTURE DEVELOPMENT "FD" DISTRICT TO CHARACTER DISTRICT-4 "CD-4", OR, SUBJECT TO CONSENT OF THE OWNER, ANOTHER LESS INTENSE ZONING DISTRICT CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On August 27th,2024,the Planning and Zoning Commission of the City of San Marcos held a public hearing in Case No. ZC24-06 regarding a request to change the zoning designation from Future Development"FD" to Character District-4 "CD-4" for approximately 36.91 acres of land, more or less, out of the Cyrus Wickson Survey, Abstract No. 474, Hays County, Texas, generally located on the southern side of FM-I 10/East McCarty Lane and the northern side of Old Bastrop Highway,approximately 1,600 feet west of the intersection between Old Bastrop Highway and SH-123 (the "Property"), as described in Exhibit A, attached hereto and made a part hereof for all purposes. 2. On August 27, 2024, the Planning and Zoning Commission voted 8-0 to recommend approval of the request. 3. The City Council held a public hearing on September 17, 2024, 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 Future Development District to Character District-4 "CD-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.