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HomeMy WebLinkAboutOrdinance ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM PDD PLANNED DEVELOPMENT DISTRICT TO PDD PLANNED DEVELOPMENT DISTRICT TO AMEND THE CONCEPT PLAN LAYOUT AND USES FOR APPROXIMATELY 1.498 ACRES FOR THE PROPERTY BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ROBERT STEVENSON SURVEY, ABSTRACT NO. 54, CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAME BEING ALL THAT CALLED 1.498 ACRE TRACT CONVEYED TO DISCOUNT FUELS, LLC., BY MARK CARROL LENZ AND MARY JANE LENZ, BY DEEDS RECORDED IN VOLUME 9853, PAGE 11 AND VOLUME 9853, PAGE 17 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, LOCATED AT 13601 FM 2154 (WELLBORN ROAD), AND MORE GENERALLY LOCATED SOUTH OF THE INTERSECTION OF STATE HIGHWAY 40 (WILLIAM D. FITCH PARKWAY) AND F.M. 2154 (WELLBORN ROAD).; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map,"of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit"A",as described in Exhibit"B", and as shown graphically in Exhibit "C"and Exhibit"D",attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance,becomes effective ten(10)days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 24th day of November, 2014 APPROVED: MAYOR ATTEST: City Secretary APPROVED: City Attorney ORDINANCE NO. Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District to amend the Concept Plan layout and uses: STATE OF TEXAS 1.499 ACRES COUNTY OF BRAZOS ROBERT STEVENSON SURVEY,A-54 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ROBERT STEVENSON SURVEY, ABSTRACT NO. 54, CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAME BEING ALL THAT CALLED 1.498 ACRE TRACT CONVEYED TO DISCOUNT FUELS,LLC.,BY MARK CARROL LENZ AND MARY JANE LENZ,BY DEEDS RECORDED IN VOLUME 9853,PAGE 11 AND VOLUME 9853,PACE.17 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112"iron rod found at the most easterly corner of said Discount Fuels called 1.498 acre tract of land,for the easterly corner of the tract of land herein described,same being at the north corner of Lot 9 of Block 1,Southern Trace Subdivision,an addition to College Station according to the Amending Plat thereof recorded in Volume 7289,Page 243,Official Records of Brazos County,Texas, same being the east corner of a called 1.53 acre tract of land described in a deed to Mark Carroll Lenz and recorded in Volume 4736,Page 204,Official Records of Brazos County,Texas,and being in the southwest line of State Highway No.40,a variable width right-of-way as recorded in Volume 5202, Page 255,Official Records of Brazos County,Texas; THENCE South 41°53'31"West(S 41°50'11"W Record)a distance of 385.14 feet(385.00'Record) along the southeast line of said Discount Fuels,LLC called 1.498 acre tract,the southeast line of said Mark Carroll Lenz called 1.53 acre tract and common northwest line of Lots 9 through 5 of Block 1 of said Amended Southern Trace Subdivision to a 112" iron rod at the south corner of said Discount Fuels,LLC called 1.498 acre tract and a common westerly corner of said Lot 5,same being in the east line of F.M. Highway No. 2154--Wellborn Road, a variable width right-of-way,as widened, and being the southeast corner of that certain called 0.41 acre tract out of the said Mark Carroll Lenz called 1.53 acre tract conveyed to the Texas Department of Public Transportation(TXDOT)in Volume 6515, Page 241,Official Records of Brazos County,Texas; THENCE North 00°48'37"West(N 00'51'35"W Record)along the east line of said F.M.highway No.2154—Wellborn Road,at a distance of 262.4 feet passing a northwest line of said Mark Carroll l..enz called 1.53 acre tract and the common southeast line of a called 0.697 acre tract of land described in a deed to Mary Jane Lenz recorded in Volume 4736,Page 204,Official Records of Brazos County. Texas,same being at the northeast corner of said(TXDOT)called 0.41 acre tract and the common southeast corner of that certain called 0.32 acre tract out of the said Mary Jane Lenz called 0.697 acre tract conveyed to the Texas Department of Public Transportation('TXDOT)in Volume 6515,Page 241,Official Records of Brazos County,Texas,and continuing on for a total distance of 457.02 feet (456.98'Record)to a(TXDOT)concrete monument found in the north line of said Mary Jane Lenz called 0.697 acre tract,same being at the northeast corner of said(TXDOT)called 0.32 acre tract,and being at the common northwest corner said Discount Fuels, LLC called 1.498 acre tract, for the northwest corner of the tract of land herein described,and also being at the intersection of the east line of said F.M.Highway No.2154,with the southeast line of aforesaid State Highway No.40; THENCE along and with the southeast line of said State Highway No.40 and the common line of said Discount Fuels,LLC called 1.498 acre tract,the following courses and distances numbered(1)through (3): 1)South 87°47'33" East(S 87°53'37" E Record), a distance of 78.53 feet(78.58' Record)to a (TXDOT)concrete monument found for the northeast corner of said Mary Jane Lenz called 0.697 acre tract,for a corner of the tract of land herein described; 2) South 29°06'39" East (S 28°41'25" E Record), a distance of 16.65 feet (16.62' Record)to a (TXIXY1')brass monument found at the northwest corner of aforesaid Mark Carroll Lenz called 1.53 acre tract,for a corner of the tract of land herein described ORDINANCE NO. Page 3 3)South 49°13'23"L.st(S 49°12'21"E Record),a distance of 233.81 feet(233.82'Record)to the POINT OF BEGINNING and CONTAINING 1.499 ACRES or 65,300 SQUARE FEET OF LAND. BEARING BASIS HEREIN DERIVED BY GPS MEASUREMENTS ADJUSTED BY HARN (HIGH ACCURACY REFERENCE NETWORK)&PROJECTED TO TEXAS STATE PLANE COORDINATES (TEXAS CENTRAL ZONE)&NAD83. 1,Richard H. Taylor,do certify that this description and associated exhibit were prepared from a bowldary survey performed under my direction during March 2014,and is true and correct to the best of my knowledge and belief:Amended March 27,2014 / --03/27/14 ......_ Richard H.Taylor,RPL.S Date rF Registered Professional Land Surveyor � ........Re°..� No.3986 State of Texas ' •e * 0' Attachments 1.499 ACRE LAND TITLE SURVEY " ARCI wyttw l Job:14-4901 RICHATs 7AYlCJIi �) ti. ;....».398ti� eJo SUR, ORDINANCE NO. Page 4 EXHIBIT"B" General: The GC General Commercial zoning district regulations shall be applicable except as expressly modified below. Permitted Uses: • Fuel Services - Maximum six (6) fuel dispensers • Restaurant • Retail Sales & Services Modifications Granted: Section 7.1.H.2, Height- Single Family Protection is not required for this site. The maximum overall building height is 24 feet. Conditions: • Eight (8) foot buffer wall and required plantings against single-family properties • Building will have pitched roofs • Maximum ten (10) foot tall monument sign permitted (pole signs not permitted) • Gated pedestrian connectivity to adjacent single-family development • Existing mature trees along southern property line will remain and will be protected during construction. • LED building and site lighting. • Site lighting will not exceed twenty (20) feet in height. • Gas canopy lighting will be recessed and building façade lighting will be directed towards the façade. • Dumpster sited away from single-family development. • ight-in, right-out driveways only with decel lanes ORDINANCE NO. Page 5 EXHIBIT "C" i! ." R 2 a g 30 o>aQ W Co gnaw N ' a sod" Fix 4 zmatg: w NNW � ;gym w �oE a. M' NIg! H ; .x z, Ale i < F-% W m° Z'', Jd ORa USO F�; ¢a¢w0 >1 U w 11 3 U Z_tZ x O O U Q uO .u4 ;, �LL.-;- h « V! C�a��(irLL Z!�j �Z-G �C C N N 7:. o tg 1y WGk<� U �D �<'= !!!.4.4!°6.1 ia1a4,E3 ac<a'8�m Aau �n �$r3 , 1 a 9 ' g c1 // ' I ::' f, /of � a vs 1 t t: i } a x�/ u e , J F .4 i ,o 11 t!� Hoa.. I ' P ._ 1 0 . 16 N a . it g m 0 0 i 9 zGW... z I � Ni 1" m ..1 ,dt j Q Z �� `� :o N j A o ai , \' IE:-. / -N,�s r / I f t O, C Ai b� tip iy ORDINANCE NO. Page 6 EXHIBIT "D" ./ C .. \ \ E au .cCa� o � O 1- // . // ' \, / > v 1,t11o:Z 2-- >?O Q' /• / A' '�.'-� _ / /�.r, \t •! - '' �- OOEc.°On-m 0,<) i / , F' 60 1 a Z z d o w u \ ,T„}O Vj r-. FNM �,\' c" , ; . '/\.roc,. 44 �,-}/ i \/�1 O Ln` c o n�v-. A�co A a A Q r N+ o v E > U \ VCC if/Ar B 1 P• c r%CV ICU a'S-lik > w M♦ O \ '�/ -rat OF a £W y �7 /// .A-, co \./ /ill/ , i3Aoc‘ / / � .Fr". ,,/ v tnbA ' � li..11ao / } eii:. co � �n�� v� m\ ,/ Q umOsd C14)/ tik n 11J P U ct 14 tC(it l W B1t�CIC coco ---- 1"f W iSElWiM Ea —�_ a -- —....w. � ® a E ►SEZ wi ..._ -__ - r o m i• H b E E._,c ......... ....__..�__.--._.__._ LL• D=3 4 j d E i 2.120W001:132 ,,,c,,,,, sXMOrliO()m _W W t F- Z W m d .c 0 w J a > s€cr W �col-R $ m y Tj y U "9,41 X a f - i �W CL'C4Jp �y it e� S c m Z N sWKC .)CC0/- GaG)11- -DO G - i/OS ` 0 Z1 ORDINANCE NO. 2010-3242 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP,"OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2,"Official Zoning Map,"of the Code of Ordinances of the City of College Station,Texas, be amended as set out in Exhibit"A", attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00)nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10)days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED,ADOPTED and APPROVED this 22 day of April, 2010 APPROVED: MAYOR ATTEST: J City Secretary APPROVED: l� Crfy Attorne I ORDINANCE NO. 2010-3242 PAGE NO. 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 4.2,"Official Zoning Map," of the Code of Ordinances of the City of College Station,Texas,is hereby amended as follows: The following property is rezoned from A-O Agricultural-Open to PDD,Planned Development District: 1.5 Acre Tract Robertson Stevenson Survey,A-54 - College Station,Brazos County,Texas ALL THAT CERTAIN 1.5 ACRES TRACT OR PARCEL OF LAND,LYING AND BEING SITUATED IN THE ROBERT STEVENSON SURVEY, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY,TEXAS AND BEING PART OF THE CALLED 0.697 ACRE (NET)TRACT DESCRIBED IN THE DEED FROM DONALD F. CARROLL AND WIDE, LORENE L. CARROLL TO EUGENE HENRY LENZ AND MARY JANE LENZ AS RECORDED IN VOLUME 225,PAGE 440, OF THE OFFICIAL RECONDS OF BRAZOS COUNTY,TEXAS,AND BEING ALSO DESCRIBED AS 1.53 ACRES IN THE DEED FROM DONALD F.CARROLL TO MARK CARROLL LENZ AS RECORDED IN VOLUME 4736,PAGE 204, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT"B", SHOWN GRAPHICALLYIN THE ATTACHED EXHIBIT"C", AND WITH A CONCEPT PLAN AS DESCRIBED AND SHOWN GRAPHICALLY IN EXHIBIT"D". ORDINANCE NO. 2010-3242 PAGE NO. 3 EXHIBIT"B" FIELD NOTES PROPOSED PDD ZONING 1.50 ACRES Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54 in College Station, Brazos County, Texas and being a part of the called 0.697 acres tract described in the deed from Donald F. Carroll and wife, Lorene L. Carroll to Eugene Henry Lenz and Mary Jane Lenz recorded in Volume 225, Page 440 of the Brazos County Deed Recoreds (B.C.D.R.) and being a part of the 1.53 acre tract described in the deed from Donald F. Carroll to Mark Carroll Lenz recorded in Volume 4736, Page 204 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at the east corner of the said 1.53 acre tract, the north corner of Lot 9, Block One, SOUTHERN TRACE SUBDIVISON as recorded in Volume 7289, Page 243 (O.R.B.C.) and being in the southwest right-of-way line of State Highway 40 (as recorded in Volume 5202,Page 255 [O.R.B.C.]); THENCE: S 41° 50' 11" W along the common line of the beforesaid 1.53 acre tract and SOUTHERN TRACE SUBDIVISION for a distance of 385.00 feet to the south corner of this tract, said corner also being in the east right-of-way line of FM 2154 (commonly known as Wellborn Road); THENCE: N 00° 51' 12" W along the said east right-of-way line of FM 2154 for a distance of 456.61 feet for corner in the north line of the called 0.697 acre tract, said north line being common with the said southwest right-of-way line of State Highway 40; THENCE: along the said southwest right-of-way line of State Highway 40 for the following three(3) calls: 1) S 88° 09' 31" E for a distance of 78.51 feet for corner; 2) S 28° 41'25" E for a distance of 16.62 feet for corner; 3) S 49° 15' 21"E for a distance of 233.82 feet to the POINT OF BEGINNING and containing 1.50 acres of land,more or less. ORDINANCE NO. 2010-3242 PAGE NO. 4 EXHIBIT "C" t !I c z � Ili PM_ .1.-! itd o cC0 Ch R '"l� .p li ft m ij&I fit �f 1i ,c e i. 1 �� its ,1§/11:i Z.N �' ¢�ti i. t°�' t W ahs �' tiJP. 14i k Elk 1 m a '',..• \ \ t ss \ \ \ ,� ° I \ j _ YS i ! ! g� \ •\ i L \ \\ N. � $ - - \ y\-----1 3$ _ Y . � =�' l v . 1 `� c = � i _ �' � I I I I as • \ �C �\ \ i • \ \ • ` \ \ . .\\ % • \ \ \ •\\ %. \ • \ •\ \ /• , • • \ \ \ �. \ \ v ORDINANCE NO. 2010-3242 PAGE NO. 5 EXHIBIT"D" NOTE: The C-1 General Commercial Zoning District Regulations shall be applicable except as modified in the attached. Purpose Statement: To serve an area with high demand for convenience services, develop a reputation of quality and trust,meet and exceed the architecture standards of the surrounding developments and building two buildings and install six motor fuel dispensers. Uses Allowed: Fuel Services–Maximum six dispensers Bank with drive-thru Restaurant with drive-thru Retail Sales and Services Conditions: Noise mitigation for drive-thru speaker box 8' buffer wall against single-family properties — Buildings will have pitched roofs. Right-in and right-out driveways only Meritorious Modifications to Site development Standards: Reduced single-family height protection with a maximum of 24' in height ORDINANCE NO. 2010-3242 PAGE NO. 6 EXHIBIT"D" CONTINUED _ Pi •nn.._ i 8 X11$ 1 4 i`\'LQ 1.,1i. ; =vim 1l #I v:.. `"A.4 14 g la �i�� .. :"‘ • � 2t}4:9 Ili / — ; sago�M� i/ i ml * i Ii/1 \{ 1 It /, \ / '1 ! e / 1� // 1 / 1_ \ / i III N 1 J '._ \ 111 '1 1 i \ 1 N. -s..-,::, , -,...::„.N,Ni. 'N,,,,N. N ...,--.1 N \j,./ . 41,.. --N.. NN,N ,N s'-.,N.',..-,- \ \ \ moo. \\J \ 11 \ e * N • N.N\ N. , NN \N N \\c.N. 1 \ N \ N\ N N. r- \'\N \ \ \ \ \ . ,. I / \\ \\ \ \\ \'*\ \ '` a \ \\ • \ e\ • 1 ,\ \ \ / 1 \ \\ \\ NN\1\ \ \, \ . \\' \\``