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• ORDINANCE NO. 2009 -80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ORDINANCE 2008 -40 IN ORDER TO MODIFY THE EXISTING PLANNED DEVELOPMENT DISTRICT OVERLAY FOR A 1.46 ACRE, MORE OR LESS, TRACT OF PROPERTY LOCATED AT THE INTERSECTION OF CONCHO STREET AND LBJ STREET WITH BASE ZONING OF "GC" GENERAL COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: 1. On September 16, 2008, the City Council adopted Ordinance 2008 -40, creating the Concho Commons Planned Development District, including setting standards for that district. 2. On November 10, 2009, the Planning and Zoning Commission of the City of San Marcos held a public hearing regarding a request to amend the Concho Commons Planned Development District to increase the scope and scale of the project by adding three floors of apartments on top of two floors of retail and office space. 3. Subsequent to the public hearing on that date, the Planning and Zoning Commission did, on November 10, 2009, consider and vote to approve the request, and has recommended that • the request be approved by the City Council of the City. 4. The City Council held a public hearing on December 16, 2009, regarding the request. 5. All requirements of Chapter 1, Development Procedures, of the City Land Development Code pertaining to zoning map amendments have been met. 6. 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 amendments to the Concho Commons Planned Development District are hereby approved. SECTION 2. The PDD Land Use Plan for the amended Concho Commons Planned Development District, as attached to this ordinance as Exhibit "A" (the " Concho Commons PDD Development Standards 111809 Revised "), and the Concho Commons Revised PDD Site Concept Plan, attached as Exhibit B, are approved and adopted to regulate the development of the Project Site. The Project Site will be bound by the provisions of the Land Use Plan and the • Development Standards as though they were conditions, restrictions and limitations on use of the Project Site under the City's zoning ordinances. Any person, firm, corporation or other entity