Ord 2011-076 - Withdrawn - Laserfiche WebLink

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The Future Land Use Plan of the San Marcos Horizons City Master Plan is revised to change the future land use designation for the following real property, being the Project Site, from "LDR" Low Density Residential to "MU" Mixed Use: Street address: Sessom Drive at Loquat Street Size: 14.228 acres, more or less, of which 2.16 acres, more or less, are public rights -of- way Legal description: As described in Exhibit "A ", attached hereto and made a part hereof for all purposes. SECTION 2. The Official Zoning Map of the City, as described in Section 4.1.2.2 of the City Land Development Code, is amended to rezone the tract of real property described in Section 1 above from "SF -6" Single- Family Residential District to "PDD" Planned Development District with base zoning of "MU" Mixed Use District. SECTION 3. The Planned Development District Standards for the Planned Development District, attached to this ordinance as Exhibit "B" (the "Regulations "), are approved and adopted to regulate the development of the Project Site. The Project Site will be bound by the provisions of the Regulations as though they were conditions, restrictions and limitations on the use of the Project Site under the City's zoning ordinances. Any person, firm, corporation or other entity violating any provisions of the Regulations shall be subject to all penalties that apply to violations of the zoning ordinances of the City of San Marcos, as amended. Any person, firm, corporation or other entity violating any provisions of the Regulations shall be subject to a suit by the City for an injunction to enjoin the violation as though the Regulations were conditions, restrictions and limitations on the use of the Project Site under the City's zoning ordinances. SECTION 4. Notwithstanding the terms of this ordinance, including the Regulations or any other ordinances or approvals pertaining to the Project Site: (a) no building permits or development permits for any development authorized under the Land Development Code or any ordinance of the City of San Marcos shall be issued by the City of San Marcos unless and until such time as the City Council adopts an ordinance abandoning certain rights -of -way as provided in the Regulations and such ordinance becomes effective; and (b) no building permits will be issued by the City of San Marcos unless and until the improvements delineated in the final City - approved traffic impact analysis have been installed or securitized in accordance with applicable ordinances. SECTION 5. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction.