Ord 2013-026/Approving amended and restated PDD for the McCarty Commons

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ORDINANCE NO. 2013 -26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AMENDED AND RESTATED PLANNED DEVELOPMENT DISTRICT STANDARDS FOR THE MCCARTY COMMONS PLANNED DEVELOPMENT DISTRICT CONSISTING OF 259.52 ACRES OF LAND, MORE OR LESS, LOCATED EAST OF IH -35 AND SOUTH OF EAST MCCARTY LANE, AS ORIGINALLY APPROVED BY ORDINANCE NO. 2008 -41 FOR PURPOSES THAT INCLUDE DIVIDING THE ORIGINAL SUB -AREA "A" INTO TWO SUB - AREAS, MODIFYING THE REQUIREMENTS FOR THE PRIVATE DRIVE THROUGH SUB -AREA "A", ALLOWING CHECK CASHING SERVICES ASSOCIATED WITH A GROCERY STORE IN THE NEW SUB -AREA 44A -1 ", DEFERRING CREATION OF THE PROPERTY OWNERS ASSOCIATION UNTIL DEVELOPMENT OF THE RESIDENTIAL OR OFFICE AREAS AND EXEMPTING THE OWNER OF SUB -AREA "A -1" FROM MEMBERSHIP IN THE ASSOCIATION, ALLOWING A CARWASH AS A PERMITTED USE, ESTABLISHING SEPARATE ARCHITECTURAL GUIDELINES FOR THE NEW SUB -AREA 66A -19" AND MODIFYING THE LOCATION AND PHASING OF THE PUBLIC TRAIL SYSTEM THROUGH THE OPEN SPACE AREA; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. On March 26 and April 9, 2013, the Planning and Zoning Commission of the City of San Marcos held public hearings regarding a request to Amended and Restated Development Standards for the McCarty Commons Planned Development District, consisting of 259.52 acres of land, more or less, located east of I14-35 and south of East McCarty Lane (the "Project Site ") as originally approved by Ordinance No. 2008 -41. 2. Subsequent to the public hearings, the Planning and Zoning Commission, on April 9, 2013 considered and voted to recommend that the request be approved by the City Council of the City of San Marcos. 3. The City Council held a public hearing on May 7, 2013 regarding the request. 4. All applicable requirements of Chapter 1, Development Procedures, of the City Land Development Code 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.