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HomeMy WebLinkAboutOrdinance ORDINANCE NO. 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 24TH day of JUNE 2004. APPROVED: RON SILVIA., Mayor ATTEST: Connie Hooks, City Secretary APPROVED: .to City ttorne / cttt Of coLLeGe Si, ON FROM THE DESK OF SUSAN HAZLETT STAFF ASSISTANT DEVELOPMENT SERVICES 764 -3783 DATE: SEPTEMBER 2, 2004 TO: FILE RE: 04 -28 CALLAWAY REZONING NO SIGNED ORDINANCE FOUND IN CITY SECRETARY'S O4T OFFICE. MINUTES OF THE JUNE COUNCIL MEETING REGARDING THIS ITEM IS NOT YET POSTED ON INTERNET EITHER. ORDINANCE NO. 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; 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 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 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 34 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 21st day of December, 2004. APPROVED: RON SILVIA, Mayor ATTEST: Connie Hooks, City Secretary APPROVED: City Attorney ORDINANCE NO. Page 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 C -1 General Commercial to R -6 High Density Multi - Family. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND BEING 13.768 ACRES SITUATED IN THE J.E. SCOTT SURVEY, ABSTRACT NO. 50, BRAZOS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN CALLED 15.1481 ACRE TRACT AS DESCRIBED IN DEEDS TO CALLAWAY DEVELOPMENT CORPORATION OF RECORD IN VOLUME 3750, PAGE 237, VOLUME 3987, PAGE 36, VOLUME 3987, PAGE 64, AND VOLUME 4036, PAGE 57, OFFICIAL/DEED RECORDS OF BRAZOS COUNTY, TEXAS (O. /D.R.B.C.T.): SAID 13.768 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT `B" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT "C." ORDINANCE NO. EXHIBIT "B" PAGE 3 OF 5 Callaway Development Corporation Proposed Rezoning Tract City of College Station, Texas J. E. Scott Survey, Abstract No. 50 February 4, 2004 FIELD NOTES 13.768 ACRES All that certain lot, tract or parcel of land being 13.768 acres situated in the J. E. SCOTT SURVEY, Abstract No. 50, Brazos County, Texas, and being a part of that certain Called 15.1481 acre tract as described in deeds to Callaway Development Corporation of record in Volume 3750, Page 237, Volume 3987, Page 36, Volume 3987, Page 64, and Volume 4036, Page 57, Official/Deed Records of Brazos County, Texas (O./D.R.B.C.T.): said 13.768 acre tract being more particularly described by metes and bounds as follows: BEGINNING at an "X" in Concrete Found for the southwest corner at the southwest comer of said 15.1481 acre tract, same being the intersection of the northeast right-of-way line of Marion Pugh Drive with the northwest right -of -way line of Luther Street; THENCE, along said northeast right - of-way line of Marion Pugh Drive, the following courses: 1.) N 18 °42'37" W, a distance of 994.95 feet to a 5/8" Iron Rod Found for angle point and, 2.) N 18 °35'42" W, a distance of 770.57 feet to a 1/2" Iron Rod Found for the northwest comer at the southwest corner of Callaway House Parking Subdivision according to the plat of record in Volume 5038, Page 284 (O./D.R.B.C.T.); THENCE, N 63 °46'43" E, along the southeast line of said Callaway House Parking Subdivision, a distance of 245.28 feet to a 1/2" Iron Rod found for the northeast corner at the southeast comer of said Callaway House Parking Subdivision, same being a point in the westerly right-of-way line of the Union Pacific Railroad right-of-way; THENCE, along said westerly right -of -way line of the Union Pacific Railroad right -of -way, the following courses: 1.) S 26 °13'17" E, a distance of 274.12 feet to a 1/2" Iron Rod Found for an interior ell corner; 2.) N 63 °46'43" E, a distance of 10.00 feet to a 1/2" Iron Rod Found for an exterior ell comer, 3.) S 26 °13'17" E, a distance of 375.40 feet to a 1/2" Iron Rod Found for an exterior ell comer, 4.) S 63 °46'43" W, a distance of 10.00 feet to a 1/2" Iron Rod Found for an interior ell comer, and, 5.) S 26 °13'17" E, a distance of 944.21 feet to a 5/8" Iron Rod Found for the southeast corner at the southeast comer of the aforesaid 15.1481 acre tract, same being a point in the aforesaid northwest right-of-way line of Luther Street; THENCE, S 45 °38'34" W, along said northwest right- of-way line of Luther Street, a distance of 502.56 feet to the POINT OF BEGINNING AND CONTAINING AN AREA OF 13.768 ACRES OF ORDINANCE NO. EXHIBIT "B" PAGE 4 OF 5 LAND, MORE OR LESS, according to a survey performed on the ground on September 23, 2003, under the supervision of H. Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. i H IVIC: TIS ■■frAP; • •