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HomeMy WebLinkAbout02-00500152- 00074392ORDINANCE NO. FILE COPY 2575 0-15Z., AN ORDINANCE AMENDING CHAPTER 12, "ZONING", SECTION I, "ESTABLISHMENT OF DISTRICTS, PROVISION FOR AN 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, "Zoning", Section I, "Establishment of Districts, Provisions For An 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 ($2000.00). 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 12t` day of September 2002. ATTEST: APPROVED: w Connie Hooks, City Secretary Ron Si via, Mayor APPROVED: City Atto ORDINANCE NO. 2575 EXHIBIT "A" PAGE 2OF4 That the Official Zoning Map of the City of College Station, Section I, "Establishment of Districts, Provisions For An Official Zoning Map", of Chapter 12, "Zoning", is hereby amended as follows: The following property is rezoned from R&D, Research & Development and Light Industry, and R-1, Single Family Residential, to R-2 Duplex Residential. 19.451 acres being all that certain lot, 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 part of the 86.028 acre tract described in the Deed from Donald F. Carroll to Edelweiss Gartens Venture recorded in Volume 4167, Page 212 of the Official Records of Brazos County, Texas, being more particularly described in a Deed recorded in Volume 2726, Page 165, Official Records of Brazos County, Texas, said 19.451 acre tract being more particularly described in the attached Exhibit "B" and shown graphically in Exhibit "C ORDINANCE NO. 2575 EXHIBIT "B" PAGE 3 OF 4 FIELD NOTES Proposed R-2 Zoning District 19.451 ACRES Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54 in College Station, Brazos County, Texas and being part of the 86.028 acre tract described in the deed from Donald F. Carroll to Edelweiss Gartens Venture recorded in Volume 4167, Page 212 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 an iron rod with a 2" aluminum cap stamped "TxDOT ROW Marker" found in the proposed northeast right-of-way line of State Highway 40, said iron rod also being in the common line of the said 86.028 acre tract and the W. Barton Munro, trustee 110.57 acre tract as described in a deed recorded in Volume 2726, Page 165 (O.RB.C.); THENCE: along the northeast line of said Highway 40 for the following three (3) calls: 1) N 49' 28'42" W for a distance of 831.63 feet, 2) N 36' 48'22" W for a distance of 104.97 feet and 3) N 36' 02'32" W for a distance of 237.30 feet for corner in the east right-of-way line of F.M. 2154/Wellborn Road (based on a 100'width); THENCE: 329.00 feet in a counter-clockwise direction along the arc of a curve having a central angle of 6' 28'02", a radius of 2914.79 feet, a tangent of 164.67 feet and a long chord bearing N 25' 48' 29" W at a distance of 328.82 feet to a 1/2-inch iron rod marking the west corner of the beforesaid Edelweiss Gartens Venture 86.028 acre tract; THENCE: N 41' 41'27" E along the northwest line of the said 86.028 acre tract for a distance of 1512.91 feet to a found 1/2-inch iron rod for corner, said iron rod also marking the west corner of EDELWEISS GARTENS, PHASE ONE Subdivision as described in Volume 4488, Page 35 (O.R.B.C.); THENCE: S 48' 18' 32" E into the interior of the said 86.028 acre tract and along the southwest line of said EDELWEISS GARTENS, PHASE ONE for a distance of 300.00 feet for corner; THENCE: continuing through the interior of said 86.028 acre tract for the following three (3) calls: 1) S 41' 41'27" W for a distance of 1219.14 feet for corner, 2) S 20' 34'09" E for a distance of 403.95 feet for corner and 3) S 49' 28'42" E for a distance of 813.37 feet for corner in the southeast line of the said 86.028 acre tract; THENCE: S 41' 49' 45" W for a distance of 302.58 feet to the POINT OF BEGINNING and containing 19.451 acres of land, more or less. ORDINANCE NO. 2575 R Z R • a j~ 00 G P ' c . V 0 0 J W 0.. O 0 4 _ ( ^ • ex t a N O ( ^ o ( N f6 _ = U ( h Z W CA: ( cl) xt' a } / W ' (M MUGHTUM - Kit Q " ~ W • D .a ° K N Q ~ ' t a . lI O A e i i a ! ~ • O N t 4. 0 e a .1. W l a s a) z o t " VO x ,F J ~ " a a ~'l J R _ UD ~Q Council Meeting 9-12-02 Page 10 Mayor Silvia opened the public hearing. Bob Ruth, Franklin, Texas expressed support of the proposed amendment. Mayor Silvia closed the public hearing. Council member Mears moved approval of Ordinance No. 2573 adopting the proposed amendment to the buffer requirements of the Zoning Ordinance. Motion seconded by Council member Maloney, which carried by a vote of 5-1. FOR: Silvia, Happ, Mears, Maloney, Hazen AGAINST: Massey ABSENT: Garner Regular Agenda Item No. 12.2 Public hearing, discussion and possible action on an ordinance rezoning 1.06 acres for the W. M. Klunkert, Inc. located at 4090 Raymond Stotzer Parkway from A-O Agricultural Open to M-1 Planned Industrial. Director of Development Services Kelly Templin reported that this request for rezoning was to enable the possible future expansion of an existing office building. The Land Use Plan reflected this property and surrounding areas as future light industrial/research and development. The M-1 zoning was in compliance with the Comprehensive Plan. The property fronts and has access to Raymond Stotzer Parkway. Staff and the Planning and Zoning Commission recommended approval of this request. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Council member Mears moved approval of Ordinance No. 2574 rezoning 1.06 acres from A-O Agricultural Open to M-1 Planned Industrial. Motion seconded by Mayor Pro Tem Massey, which carried by a vote of 4-2. FOR: Silvia, Happ, Mears, Hazen AGAINST: Massey, Maloney ABSENT: Garner Regular Agenda Item No. 12.3 Public hearing, discussion and possible action on an ordinance rezoning 19.5 acres for the Edelweiss Gartens located northeast of Wellborn Road and southeast of Graham Road from R-1 Single Family and R&D Research and Development to R-2 Duplex. Senior Planner Lee Battle remarked that the subject property was presented to Council on July 11, 2002. The Council voted to send this item back to the Planning and Zoning Commission for further consideration of additional buffer standards to protect the proposed R-2 from the existing industrial properties along Graham Road. Mr. Battle reported that the applicant submitted a Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 9-12-02 Page 11 proposal for additional buffers, a 6 ft. wooden fence, which is required by ordinance, and an additional 40 ft. planted buffer area, 20 ft. feet on each side, to address the City Council concerns. The Planning and Zoning Commission reheard this item and recommended approval of the rezoning with the proposed industrial buffer. The request is in compliance with the Land Use Plan. Mayor Silvia opened the public hearing. Steve Arden, 311 Cecilia Loop, expressed support of the rezoning and addressed concerns of the Council. Mayor Silvia closed the public hearing. Council member Happ moved approval of Ordinance No. 2575 rezoning 19.5 acres from R-1 Single-Family and R&D Research & Development to R-2 Duplex. Council member Mears seconded the motion, which carried by a vote of 4-2. FOR: Silvia, Happ, Mears, Hazen AGAINST: Massey, Maloney ABSENT: Garner Regular Agenda Item No. 12.4 Presentation, discussion and possible action on the City of College Station 2002-2003 Proposed Budget. Budget and Strategic Planning Director Kersten presented an overview of the proposed budget. The proposed FY 2002-2003 annual budget totaled $148,376,852 for all funds. Of this amount, $122,092,097 was proposed for operations and maintenance expenditures and $26,824,755 was proposed for capital improvement projects. The proposed budget also included funds for Phase 2 for Fire Station No. 5, operations and maintenance, code enforcement, effective communications, pay and benefit plan and health insurance. The proposed budget was based on the current ad valorem tax of $0.4777 per $100 valuation. The proposed budget also included a wastewater rate increase of 6% and a sanitation rate increase of $1.00 per month. Mr. Kersten noted that the Council provided direction to include in the FY 03 Budget the outside agency funding as recommended by the Joint Relief Funding Review Committee in the amount of $83,500 as follows: Retired Senior Volunteer Program $5,000 Dispute Resolution Center $10,000 African American History Museum $34,000 Children's Museum of the Brazos Valley $30,000 Sister Cities $4,500 Providing Customer Service Excellence City of College Station College Station, Texas r 0,2-152- ORDINANCE NO. FILE COPY DRAFT AN ORDINANCE AMENDING CHAPTER 12, "ZONING", SECTION I, "ESTABLISHMENT OF DISTRICTS, PROVISION FOR AN 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, "Zoning", Section I, "Establishment of Districts, Provisions For An 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 ($2000.00). 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 12th day of September 2002. ATTEST: Connie Hooks, City Secretary Ron Silvia, Mayor APPROVED: City Attorney ORDINANCE NO. EXHIBIT "A" PAGE 2OF4 That the Official Zoning Map of the City of College Station, Section I, "Establishment of Districts, Provisions For An Official Zoning Map", of Chapter 12, "Zoning", is hereby amended as follows: The following property is rezoned from R&D, Research & Development and Light Industry, and R-1, Single Family Residential, to R-2 Duplex Residential. 19.451 acres being all that certain lot, 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 part of the 86.028 acre tract described in the Deed from Donald F. Carroll to Edelweiss Gartens Venture recorded in Volume 4167, Page 212 of the Official Records of Brazos County, Texas, being more particularly described in a Deed recorded in Volume 2726, Page 165, Official Records of Brazos County, Texas, said 19.451 acre tract being more particularly described in the attached Exhibit "B " and shown graphically in Exhibit "C ORDINANCE NO. EXHIBIT "B" PAGE 3 OF 4 FIELD NOTES Proposed R-2 Zoning District 19.451 ACRES Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54 in College Station, Brazos County, Texas and being part of the 86.028 acre tract described in the deed from Donald F. Carroll to Edelweiss Gartens Venture recorded in Volume 4167, Page 212 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 an iron rod with a 2" aluminum cap stamped "TxDOT ROW Marker" found in the proposed northeast right-of-way line of State Highway 40, said iron rod also being in the common line of the said 86.028 acre tract and the W. Barton Munro, trustee 110.57 acre tract as described in a deed recorded in Volume 2726, Page 165 (O.R.B.C.); THENCE: along the northeast line of said Highway 40 for the following three (3) calls: 1) N 49° 28'42" W for a distance of 831.63 feet, 2) N 36° 4822" W for a distance of 104.97 feet and 3) N 36° 02' 32" W for a distance of 237.30 feet for corner in the east right-of-way line of F.M. 2154/Wellborn Road (based on a I00'width); THENCE: 329.00 feet in a counter-clockwise direction along the arc of a curve having a central angle of 6° 28'02", a radius of 2914.79 feet, a tangent of 164.67 feet and a long chord bearing N 25° 48' 29" W at a distance of 328.82 feet to a 1/2-inch iron rod marking the west corner of the beforesaid Edelweiss Gartens Venture 86.028 acre tract; THENCE: N 41 ° 41'27" E along the northwest line of the said 86.028 acre tract for a distance of 1512.91 feet to a found 1/2-inch iron rod for corner, said iron rod also marking the west corner of EDELWEISS GARTENS, PHASE ONE Subdivision as described in Volume 4488, Page 35 (O.R.B.C.); THENCE: S 48' 18'32" E into the interior of the said 86.028 acre tract and along the southwest line of said EDELWEISS GARTENS, PHASE ONE for a distance of 300.00 feet for corner; THENCE: continuing through the interior of said 86.028 acre tract for the following three (3) calls: 1) S 41' 41'27" W for a distance of 1219.14 feet for corner, 2) S 20° 34'09" E for a distance of 403.95 feet for corner and 3) S 49° 28' 42" E for a distance of 813.37 feet for corner in the southeast line of the said 86.028 acre tract; THENCE: S 41 ° 49' 45" W for a distance of 302.58 feet to the POINT OF BEGINNING and containing 19.451 acres of land, more or less. x ~ 0 4 0 Q . 1r o ~ o + ( x 4 kfi Z (gO Zp zQ NJ WQ N LO r N O ai U R R _ + e> ~ R+ SR RR a 0 -g R O R RR Y f + R _ a R c! ~-Q 0 o Z Q 0 U) W ON NWO(M3M - KIL N Q W N - Q LL o + ~ Z° 8 i t A x ( V/ i R i C W 2 + V/ k P ' ! k k Z 11 I O)w W L ! R ()0 0 > R R w R (U FILE COPY "1"'52 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, "ZONING", SECTION I, "ESTABLISHMENT OF DISTRICTS, PROVISION FOR AN 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, "Zoning", Section I, "Establishment of Districts, Provisions For An 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 ($2000.00). 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 12`h day of September 2002. ATTEST: Connie Hooks, City Secretary APPROVED: APPROVED: Ron Silvia, Mayor City Atto ORDINANCE NO. EXHIBIT "A" PAGE 2OF4 That the Official Zoning Map of the City of College Station, Section I, "Establishment of Districts, Provisions For An Official Zoning Map", of Chapter 12, "Zoning", is hereby amended as follows: The following property is rezoned from R&D, Research & Development and Light Industry, and R-1, Single Family Residential, to R-2 Duplex Residential. 19.451 acres being all that certain lot, 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 part of the 86.028 acre tract described in the Deed from Donald E Carroll to Edelweiss Gartens Venture recorded in Volume 4167, Page 212 of the Official Records of Brazos County, Texas, being more particularly described in a Deed recorded in Volume 2726, Page 165, Official Records of Brazos County, Texas, said 19.451 acre tract being more particularly described in the attached Exhibit `B" and shown graphically in Exhibit "C ORDINANCE NO. EXHIBIT "B" PAGE 3 OF 4 FIELD NOTES Proposed R-2 Zoning District 19.451 ACRES Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54 in College Station, Brazos County, Texas and being part of the 86.028 acre tract described in the deed from Donald F. Carroll to Edelweiss Gartens Venture recorded in Volume 4167, Page 212 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 an iron rod with a 2" aluminum cap stamped "TxDOT ROW Marker" found in the proposed northeast right-of-way line of State Highway 40, said iron rod also being in the common line of the said 86.028 acre tract and the W. Barton Munro, trustee 110.57 acre tract as described in a deed recorded in Volume 2726, Page 165 (O.R.B.C.); THENCE: along the northeast line of said Highway 40 for the following three (3) calls: 1) N 49° 2842" W for a distance of 831.63 feet, 2) N 36° 48'22" W for a distance of 104.97 feet and 3) N 36° 02' 32" W for a distance of 237.30 feet for corner in the east right-of-way line of F.M. 2154/Wellborn Road (based on a 100'width); THENCE: 329.00 feet in a counter-clockwise direction along the arc of a curve having a central angle of 6° 28'02", a radius of 2914.79 feet, a tangent of 164.67 feet and a long chord bearing N 25° 48' 29" W at a distance of 328.82 feet to a 1/2-inch iron rod marking the west corner of the beforesaid Edelweiss Gartens Venture 86.028 acre tract; THENCE: N 41 ° 41'27" E along the northwest line of the said 86.028 acre tract for a distance of 1512.91 feet to a found 1/2-inch iron rod for corner, said iron rod also marking the west corner of EDELWEISS GARTENS, PHASE ONE Subdivision as described in Volume 4488, Page 35 (O.R.B.C.); THENCE: S 48' 18'32" E into the interior of the said 86.028 acre tract and along the southwest line of said EDELWEISS GARTENS, PHASE ONE for a distance of 300.00 feet for corner; THENCE: continuing through the interior of said 86.028 acre tract for the following three (3) calls: 1) S 41'41'27" W for a distance of 1219.14 feet for corner, 2) S 20° 34'09" E for a distance of 403.95 feet for corner and 3) S 49° 28'42" E for a distance of 813.37 feet for corner in the southeast line of the said 86.028 acre tract; THENCE: S 41° 49' 45" W for a distance of 302.58 feet to the POINT OF BEGINNING and containing 19.451 acres of land, more or less. 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