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. ORDINANCE NO. 2008-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP FROM "I" INDUSTRIAL, TO "C" COMMERCIAL FOR A 202 ACRE, MORE OR LESS PIECE OF LAND, AND FROM "I' INDUSTRIAL TO "OS" OPEN SPACE FOR A 57.6 ACRE, MORE OR LESS PIECE OF LAND BOTH PIECES BEING OUT OF THE NATHANIEL HUBBARD SURVEY ABSTRACT 230 AND THE CYRUS WICKSON SURVEY ABSTRACT 474; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO ESTABLISH THE ZONING FOR THOSE TRACTS OF LAND AS A "PDD" PLANNED DEVELOPMENT DISTRICT WITH BASE ZONING OF "GC" GENERAL COMMERCIAL DISTRICT (63.2 ACRES, MORE OR LESS, AND 12.6 ACRES, MORE OR LESS), "CC" COMMUNITY COMMERCIAL DISTRICT (78 ACRES, MORE OR LESS, AND 48.2 ACRES, MORE OR LESS), AND "P" PUBLIC DISTRICT, 57.5 ACRES, MORE OR LESS; APPROVING A LAND USE PLAN AND DEVELOPMENT STANDARDS FOR THE MCCARTY COMMONS PDD; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: 1. On September 9, 2008, the City Planning and Zoning Commission of the City of San is Marcos held public hearings regarding a request to change the Future Land Use Map of the San Marcos Horizons City Master Plan from "I" Industrial to "C" Commercial and "OS" Open Space for a 259.6 acre, more or less, tract of land out of the Nathaniel Hubbard Survey, Abstract 230, and the Cyrus Wickson Survey Abstract 474, located at the intersection of McCarty Lane and IH-35 North. 2. On September 9, 2008, concurrently with the consideration of the land use amendments, the Planning and Zoning Commission of the City of San Marcos held a public hearing regarding a request to establish the zoning for the 259.6 acre, more or less, piece of land described above in paragraph 1, as "PDD" Planned Development District, with base zoning of "GC" General Commercial District for Sub-Areas A and B (respectively, 63.2 and 12.6 acres, more or less); "CC" Community Commercial District for Sub-Areas C and D (respectively 78 and 48.2, more or less); and, "P" Public for Sub-Area E (57.6 acres, more or less) to be known as the McCarty Commons Planned Development District. 3. Subsequent to the public hearing on that date, the Planning and Zoning Commission did, on September 9, 2008, consider and vote to approve the request, and has recommended that the request be approved by the City Council of the City of San Marcos. 4. The City Council held a public hearing on September 16, 2008, regarding the request. E