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Item 5.
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| City Council Regular | |
| Date: | 02/13/2023 |
| Title: | First Reading and Public Hearing - Amending Ordinance 22-5819 Correction of Legal Description |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review | Yes |
RECOMMENDATION
Staff recommends City Council approve the first reading to amend Ordinance 22-5819.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
City Zone Change 1018 was a zone change request from Mixed Residential 1 (NX1 – 1 to 4 unit buildings) to NX1 and Heavy Commercial (CX) approved with an incorrect legal description on the ordinance. This action is to amend the legal description cited in the ordinance to "WESTERLY PORTIONS OF Lot 9A of Amended Holling Ranch Sub and Parcel A of C/S 451, AS SHOWN ON ATTACHED EXHIBIT A." The property was properly represented in the zone change process, but the legal description read, "on Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451", a 2.91 acre parcel of land. The attached exhibit was not included for verification.
STAKEHOLDERS
The City Council must hold a public hearing to amend the ordinance. The hearing is not on the zone change, but rather the amendment of the legal description. Two readings will be required, one at this meeting and one at the February 27, 2023 Council meeting.
ALTERNATIVES
City Council should:
- Approve the corrected ordinance. The correction to the legal description needs to be approved to properly map and record the change in zoning for the property that was approved by the Council.
- Denying the amendment will create a continued inconsistency with the legal description and is not in the interest of the City or the landowner.
FISCAL EFFECTS
This item has no impact on the Planning Division budget.
SUMMARY
The original ordinance (copy) and the corrected ordinance are attached.