Ord 2024-001/amending the Official Zoning Map of the city in Case No. ZC-23-24, by rezoning approximately 18.84 acres of land, out of the John H. Yearby Survey, generally located at 3,300 feet east of IH35 near Centerpoint Road

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ORDINANCE NO. 2024-01 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-23-24, BY REZONING APPROXIMATELY 18.84 ACRES OF LAND, OUT OF THE JOHN H. YEARBY SURVEY, GENERALLY LOCATED 3,300 FEET EAST OF IH35 NEAR CENTERPOINT RD, FROM CHARACTER DISTRICT 5 (CD-5) TO LIGHT INDUSTRIAL (LI), OR, SUBJECT TO CONSENT OF THE OWNER, ANOTHER LESS INTENSE ZONING DISTRICT CLASSIFICATION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. On December 12, 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 "CD-5" CHARACTER DISTRICT 5 to"LI"LIGHT INDUSTRIAL for approximately 18.84 acres of land out of the John H. Yearby Survey, generally located at 3,300 feet east of IH35 (the"Property"),as described in Exhibit A, attached hereto and made a part hereof for all purposes. 2. On December 12,2023,the Planning and Zoning Commission voted 9-0 to recommend approval of the request. 3. The City Council held a public hearing on January 16, 2024, 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"CD-5" Mixed Use to "LI" Light Industrial. 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.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.