Item 03: Rezoning 48.718 Acres on I 35 South and Posey from Future Development & Agricultural Ranch to Light Industrial

[COSM_Admin]

Consider approval of Ordinance 2022-67, on the second of two readings, amending the Official Zoning Map of the City in Case ZC-22-26, by rezoning approximately 48.718 acres of land, generally located on the I-35 South Frontage Road, approximately 1,000 ft south of the intersection of I-35 and Posey Road, from “FD” Future Development District and “AR” Agricultural Ranch Districts to “LI” Light Industrial District, or, subject to the consent of the owner, another less intense zoning district classification, including procedural provisions; and providing an effective date.

 

[JHughson]

Please prepare an amendment as an additional section to make note that there is a restrictive covenant associated with this Zoning Case.
This is so that anyone reading the ordinance will know that there is another important document associated with this case.
Something like "There is a restrictive covenant filed that restricts the use of the property by limiting [and insert the restrictive covenant language here].
OR more general "There is a restrictive covenant filed that restricts the use of the property."

If we know the information associated with the filing such that it can be found easily, that should be included.

 

[COSM_Admin]

Response provided by the Legal Department:

The current versions of these three ordinances in the packet contain the following:

SECTION 4. This ordinance will take effect after its passage, approval and adoption on second reading and the recording of a restrictive covenant agreement in substantially the form in Exhibit B, attached hereto and made a part hereof.

Exhibit B is part of the ordinance and outlines the restrictions. The last page of the ordinance also has information for the clerk to fill in as follows:

City Clerk to complete the following information:

Date Restrictive Covenant Agreement Recorded: _________________________

Instrument No. of Recorded Agreement: _________________________

County in which Recorded: _________________________