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ORDINANCE NO. 2022-12 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY IN CASE NO. <br />ZC-22-02, BY REZONING APPROXIMATELY 87.998 ACRES OF LAND, <br />GENERALLY LOCATED DUE NORTH OF THE RATTLER ROAD AND EAST <br />MCCARTY LANE INTERSECTION, FROM "FD" FUTURE DEVELOPMENT <br />DISTRICT TO "LI" LIGHT INDUSTRIAL DISTRICT, OR, SUBJECT TO CONSENT <br />OF THE OWNER, ANOTHER LESS INTENSE ZONING DISTRICT <br />CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING <br />AN EFFECTIVE DATE. <br />RECITALS: <br />1. On January 11, 2022, the Planning and Zoning Commission of the City of San Marcos held a public <br />hearing regarding a request to change the zoning designation from "FD" Future Development District to "LI" <br />Light Industrial District for approximately 87.998 acres of land generally located due north of the Rattler <br />Road and East McCarty Lane intersection (the "Property"), as described in Exhibit A, attached hereto and <br />made a part hereof for all purposes. <br />2. The Planning and Zoning Commission approved a recommendation to the City Council regarding <br />the request. <br />3. The City Council held a public hearing on February 1, 2022, 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 ordinance is in the <br />interest of the public health, morals, welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br />SECTION 1. The Official Zoning Map of the City is amended to rezone the Property, as described <br />in Exhibit A, from "FD" Future Development District to "LI" Light Industrial District. <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be <br />unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will <br />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 conflict with this <br />ordinance are repealed. <br />SECTION 4. This ordinance will take effect after its passage, approval and adoption on second <br />reading and the recording of a restrictive covenant prohibiting waste related services on the Property in <br />substantially the form shown in Exhibit B, attached hereto and made a part hereof. <br />PASSED AND APPROVED on first reading on February 1, 2022. <br />PASSED, APPROVED AND ADOPTED on second reading on February 15, 2022. <br />