HomeMy WebLinkAboutA001 - Council Action Form dated January 10, 2017 ITEM #: 32
DATE: 01-10-17
COUNCIL ACTION FORM
REQUEST: CORRECTION OF SCRIVENER'S ERROR IN ORDINANCE 4277
(BRICK TOWNE REZONE TO RESIDENTIAL HIGH DENSITY (RH)
ZONING AT 3115, 3119, 3301, 3325, 3409, AND 3413 SOUTH DUFF
AVENUE)
BACKGROUND INFORMATION:
The City Council approved the third reading of the rezoning of Brick Towne on South
Duff Avenue on November 15, 2016. The ordinance rezoned portions of the property to
Highway-Oriented Commercial (HOC) and High Density Residential (RH). After
approval and publication of the ordinance, two errors in the legal description for the
zoning districts were discovered by staff that necessitated approval of a corrected
ordinance. The legal descriptions of the subject properties and the area depicted on the
rezoning map were correct, but the metes and bounds description of the split zoning
districts had two typographical errors in the description that did not allow for an accurate
and complete description of the rezoned area.
ALTERNATIVES:
1. The City Council can approve the first reading of the ordinance to correct the
scrivener's error in the legal descriptions of the HOC and RH zoning districts. Staff
requests the City Council waive the rules and approve second and third reading of
the ordinance.
2. The City Council can decide not to approve the ordinance as a scrivener's error.
This decision would require the applicant to begin anew with the request to rezone
the property
CITY MANAGER'S RECOMMENDED ACTION:
The proposed ordinance corrects two unintended discrepancies in the perimeter legal
descriptions for the HOC and RH zoning districts of Brick Towne. The contract for
rezoning is unaffected by these changes as the agreement used the legal descriptions
for the existing parcels, not the legal descriptions for the proposed zoning districts.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative #1, which is to approve the ordinance to correct the
error in the legal descriptions of the HOC and RH zoning districts and passing the
ordinance on all three readings.
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