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 �)
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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"
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ORDINANCE NO. Page 6
EXHIBIT "D"
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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"
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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
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