Ord 2022-001/amending the official zoning map of the city in Case No. ZC-21-21, by rezoning approximately 3.59 acres of land, generally located at the Northwest Corner of Highway 123 and Clovis Barker Road intersection

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ORDINANCE NO. 2022-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY IN CASE NO. ZC-21-21, BY REZONING APPROXIMATELY 3.59 ACRES OF LAND, GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE HIGHWAY 123 AND CLOVIS BARKER ROAD INTERSECTION, FROM "FD" FUTURE DEVELOPMENT DISTRICT TO "CM" COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. On December 14, 2021, the Planning and Zoning Commission of the City of San Marcos held a public hearing regarding a request to change the zoning designation from "FD" Future Development District to "HC" Heavy Commercial District for approximately 3.59 acres of land, generally located at the northwest corner of the Highway 123 and Clovis Barker Road intersection (the "Property"), as described in Exhibit A, attached hereto and made a part hereof for all purposes. 2. The Planning and Zoning Commission approved a recommendation to the City Council to rezone the Property to a less intense zoning district classification of "CM" Commercial District. 3. The City Council held a public hearing on January 4, 2022 regarding the request and approved a less intense zoning district classification of "CM" Commercial District on first reading. 4. All requirements pertaining to Zoning Map amendments 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The Official Zoning Map of the City is amended to rezone the Property, as described in Exhibit A, from "FD" Future Development District to "CM" Commercial District. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. This ordinance will take effect after its passage, approval and adoption on second reading and receipt of written consent to the zoning designation in Section 1 from the owner of the Property.