Ord 2023-014/amending the Official Zoning Map of the City in Case No. ZC-22-31, by rezoning approximately 5.022 acres of land out of the William H. Van Horn Survey No. 18,

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ORDINANCE NO.2023 - 14 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-22-31, BY REZONING APPROXIMATELY 5.022 ACRES OF LAND OUT OF THE WILLIAM H. VAN HORN SURVEY NO. 18, ABSTRACT NO. 464, LOCATED AT 5618 S. OLD BASTROP HWY., FROM "FD" FUTURE DEVELOPMENT TO "CD-4" CHARACTER DISTRICT 4,OR, SUBJECT TO CONSENT OF THE OWNER,ANOTHER LESS INTENSE ZONING DISTRICT CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE SUBJECT TO THE RECORDING OF A RESTRICTIVE COVENANT AGREEMENT PROHIBITING APARTMENT BUILDINGS OF THREE (3) OR MORE STORIES ON THE PROPERTY. RECITALS: 1. On January 10, 2023, 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 to "CD-4" Character District 4 for approximately 5.022 acres out of the William H. Van Horn Survey No. 18, Abstract No. 464, located at 5618 S. Old Bastrop Hwy., (the "Property"), as described in Exhibit A, attached hereto and made a part hereof for all purposes. 2. The Planning and Zoning Commission voted 8 — 0 to recommend approval of the request. 3. The City Council held a public hearing on February 7, 2023, regarding the request. 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 "CD-4" Character District 4. 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.