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ORDINANCE NO. 2020-66 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE <br />CITY IN CASE NO. ZC-20-20 BY REZONING APPROXIMATELY 220.023 <br />ACRES OF LAND LOCATED AT 2801 STAPLES ROAD FROM "FD" <br />FUTURE DEVELOPMENT DISTRICT TO "CD -3" CHARACTER <br />DISTRICT -3; INCLUDING PROCEDURAL PROVISIONS; AND <br />PROVIDING AN EFFECTIVE DATE. <br />RECITALS: <br />1. On August 11, 2020, the Planning and Zoning Cormnission of the City of San Marcos <br />held a public hearing regarding a request to change the zoning designation from "FD" Future <br />Development District to "CD -3" Character District -3 for approximately 220.023 acres of land <br />located 2801 Staples Road. <br />2. The Planning and Zoning Commission approved a recommendation to the City Council <br />regarding the request. <br />3. The City Council held a public hearing on September 1, 2020 regarding the request. <br />4. All requirements pertaining to Zoning Map amendments have been met. <br />5. The City Council hereby finds and determines that the adoption of the following <br />ordinance is in the interest of the public health, morals, welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The Official Zoning Map of the City is amended to rezone the approximately <br />220.023 -acre tract of land described by metes and bounds in Exhibit A, attached hereto and made <br />a part hereof for all purposes (the "Property"), from "FD" Future Development District to "CD -3" <br />Character District -3. <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held <br />to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />SECTION 4. This ordinance will take effect after its passage, approval and adoption on <br />second reading, subject to the requirements that the owner of the Property, or any successor, shall: <br />a) provide a minimum 35 -foot buffer between any public right-of-way associated with FM 110 <br />and any adjacent residential structure; and b) construct solid screen fencing along the 35 -foot <br />