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HomeMy WebLinkAboutOrdinanceORDINANCE 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 23 day of SEPTEMBER, 2004. APPROVED: RON SILVIA, Mayor ATTEST: Connie Hooks, City Secretary APPR(1VF „„ utt Sigtt�d la�+�rv�y Gargiti City Attorney O /group /legal /ordinance /amendmentform. doc ORDINANCE NO. EXHIBIT "A" Page 2 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 R -1 Single Family Residential: BEING ALL THAT CERTAIN 67.69 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE S. W. ROBERTSON SURVEY, ABSTRACT NO. 202 IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE 1152.60 ACRE TRACT DESCRIBED IN THE DEED FROM YOUNG BROTHERS, INC. CONTRACTORS TO PEBBLE CREEK DEVELOPMENT COMPANY RECORDED IN VOLUME 1671, PAGE 276 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS (O.R.B.C.) AND BEING A PART OF THE 7.32 ACRE TRACT DESCRIBED IN A DEED TO PEBBLE CREEK DEVELOPMENT COMPANY RECORDED IN VOLUME 3229, PAGE 232 (O.R.B.C.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT `B" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT "D ". The following property is rezoned from A -O Agricultural Open to R -1 Single Family Residential: BEING ALL THAT CERTAIN 76.92 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE S. W. ROBERTSON SURVEY, ABSTRACT NO. 202 IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE 1152.60 ACRE TRACT DESCRIBED IN THE DEED FROM YOUNG BROTHERS, INC. CONTRACTORS TO PEBBLE CREEK DEVELOPMENT COMPANY RECORDED IN VOLUME 1671, PAGE 276 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS (O.R.B.C.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT "C" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT "D ". culp:lgrou&gen- callfor legal revieW09- 23- Mpebble creek rezonin&ezoning ordinance.doc 9/17/04 ORDINANCE NO. EXHIBIT "B" FIELD NOTES PROPOSED R -1 ZONE 67.69 ACRES PAGE 3 OF 7 Being all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being part of the 1152.60 acre tract described in the deed from Young Brothers, Inc. Contractors to Pebble Creek Development Company recorded in Volume 1671, Page 276 of the Official Records of Brazos County, Texas (O.R.B.C.) and being a part of the 7.32 acre tract described in a deed to Pebble Creek Development Company recorded in Volume 3229, Page 232 (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2 -inch iron rod marking the most northerly corner of Lot 7, Block 45 of PEBBLE CREEK, PHASE 9 -B as recorded in Volume 5878, Page 128 (O.R.B.C.); THENCE: S 88° 55' 17" E for a distance of 335.35 feet for corner; THENCE: N 35° 19'04" E for a distance of 277.71 feet for corner; THENCE: N 11 ° 04' 49" E for a distance of 190.80 feet for corner, said corner also being in the southwest margin of the 27.29 acre City of College Station tract described in Volume 1029, Page 13; THENCE: S 39° 34'42" E along said 27.29 acre tract line for a distance of 1687.43 feet for corner, said corner also being in the southeast line of the said 1152.60 acre tract; THENCE: S 39° 07'32" W along the said southeast line for a distance of 796.17 feet for corner; THENCE: through the interior of the said 1152.50 acre tract for the following eight (8) calls: 1) S 51 ° 26' 25" W for a distance of 387.76 feet for corner, 2) S 63* 01'30" W for a distance of 289.93 feet for corner, 3) S 68° 18' 12" W for a distance of 396.50 feet for corner, 4) S 84° 12'06" W for a distance of 370.23 feet for comer, 5) N 86° 58' 01" W for a distance of 763.30 feet for corner, 6) S 63* 43'20" W for a distance of 172.59 feet for corner, 7) S 75' - 23'05" W for a distance of 172.03 feet for corner and 8) N 71* 39' 15" W for a distance of 106.46 feet to the south corner of the beforementioned 7.32 acre tract; THENCE: N 71* 39' 15" W along the southwest line of the said 7.32 acre tract for a distance of 154.87 feet to a found 1/2 -inch iron rod for corner, said iron rod marking the south corner of Lot 80, Block 25 of PEBBLE CREEK, PHASE 8 -C as recorded in Volume 4113, Page 164 (O.R.B.C.); THENCE: along the southeast line of said PEBBLE CREEK, PHASE 8 -C for the following two (2) calls: 1) N 22° 29' 12" E for a distance of 194.09 feet to a found 1/2 -inch iron rod for corner; ORDINANCE NO. EXHIBIT "B" PAGE 4 OF 7 Field Notes Continued 67.69 Acre R -1 Zoning Page 2 2) N 45' 16' 58" E for a distance of 446.57 feet to a found 1/2 -inch iron rod for corner said iron rod being the southwest corner of Lot 87, Block 25 of PEBBLE CREEK, PHASE 9 -A as recorded in Volume 4651, Page 152 (O.R.B.C.); THENCE: along the south and southeast lines of said PEBBLE CREEK, PHASE 9 -A for the following twenty -one (21) calls: 1) S 82' 01'58" E for a distance of 136.35 feet to a found 1/2 -inch iron rod for corner; 2) S 07' 58'02" W for a distance of 61.70 feet to a found 1/2 -inch iron rod for corner; 3) S 82' 01' 58" E for a distance of 60.00 feet to a found 1/2 -inch iron rod for corner; 4) N 88' 53' 26" E for a distance of 101.27 feet to a found 1/2 -inch iron rod for corner; 5) N 07' 58' 02" E for a distance of 155.73 feet to a. found 1/2 -inch iron rod for corner; 6) S 82' 01' 58" E for a distance of 10.00 feet to a found 1/2 -inch iron rod for corner; 7) N 07' 58'02" E for a distance of 190.00 feet to a found 1/2 -inch iron rod for corner; 8) S 82' 01'58" E for a distance of 90.00 feet to a found 1/2 -inch iron rod for corner; 9) N 23' 35' 09" E for a distance of 135.89 feet to a found 1/2 -inch iron rod for corner; 10) N 49' 53'50" E for a distance of 220.00 feet to a found 1/2 -inch iron rod for corner; 11) N 82' 20' 16" E for a distance of 61.74 feet to a found 1/2 -inch iron rod for corner; 12) S 06' 32'26" E for a distance of 59.40 feet to a found 1/2 -inch iron rod for corner; 13) S 45' 57' 23" E for a distance of 119.19 feet to a found 1/2 -inch iron rod for corner; 14) S 73' 50' 09" E for a distance of 60.39 feet to a found 1/2 -inch iron rod for corner; 15) N 06' 52'34" E for a distance of 137.00 feet to a found 1/2 -inch iron rod for comer; 16) 34.86 feet in a counter clockwise direction along the arc of a curve having a central angle of 39' 56' 48 ", a radius of 50.00 feet, a tangent of 18.17 feet and a long chord bearing N 76' 54' 10" E at a distance of 34.16 feet for corner; 17) S 33' 04' 14" E for a distance of 137.00 feet to a found 1/2 -inch iron rod for corner; 18) N 48' 21' 07" E for a distance of 55.78 feet to a found 1/2 -inch iron rod for corner; 19) N 22' 37' 12" E for a distance of 110.31 feet to a found 1/2 -inch iron rod for corner; 20) N 03' 06' 43" W for a distance of 55.78 feet to a found 1/2 -inch iron rod for corner; 21) N 14' 28' 36" W for a distance of 149.07 feet to a found 1/2 -inch iron rod for corner said iron rod also being the south corner of Lot 15, Block 36 of PEBBLE CREEK, PHASE 9 -B as recorded in Volume 5878, Page 128 (O.R.B.C.); THENCE: along the boundary of said PEBBLE CREEK, PHASE 9 -B for the following twenty (20) calls: 1) N 46' 23'56" E for a distance of 195.16 feet to a found 1/2 -inch iron rod for corner; 2) 162.74 feet in a clockwise direction along the arc of a curve having a central angle of 33' 54' 27 ", a radius of 275.00 feet, a tangent of 83.83 feet and a long chord bearing S 26' 38'52" E at a distance of 160.38 feet to a found 1/2 -inch iron rod for corner;; 3) S 84' 21' 10" W for a distance of 130.62 feet to a found 1/2 -inch iron rod for corner; 4) S 05' 54'40" E for a distance of 283.37 feet to a found 1/2 -inch iron rod for corner; 5) S 10' 40' 53" E for a distance of 107.34 feet to a found 1/2 -inch iron rod for corner; 6) S 22' 00' 13" E for a distance of 104.93 feet to a found 1/2 -inch iron rod for corner; 7) N 67' 59'47" E for a distance of 180.00 feet to a found 1/2 -inch iron rod for corner; ORDINANCE NO. EXHIBIT "B" PAGE 5 OF 7 Field Notes Continued Page 3 67.69 Acre R -1 Zoning 8) N 22° 00' 13" W for a distance of 22.69 feet to the Point of Curvature of a curve to the right; 9) 47.27 feet along the arc of said curve having a central angle of 04° 20' 01 ", a radius of 625.00 feet, a tangent of 23.65 feet and a long chord bearing N 19° 50' 12" W at a distance of 47.26 feet to a found 1/2 -inch iron rod for corner; 10) N 74° 08'29" E for a distance of 190.61 feet to a found 1/2 -inch iron rod for corner; 11) N 58° 59' 18" E for a distance of 176.25 feet to a found 1/2 -inch iron rod for corner; 12) N 50° 13'04" E for a distance of 88.43 feet to a found 1/2 -inch iron rod for corner; 13) N 44° 18'48" E for a distance of 178.27 feet to a found 1/2 -inch iron rod for corner; 14) N 44° 21'02" W for a distance of 140.97 feet to a found 1/2 -inch iron rod for corner; 15) N 35° 24'39" W for a distance of 389.79 feet to a found 1/2 -inch iron rod for corner; 16) N 40' 45'40" W for a distance of 87.45 feet to a found 1/2 -inch iron rod for corner; 17) N 65° 12' 59" W for a distance of 152.79 feet to a found 1/2 -inch iron rod for corner; 18) N 88° 18' 36" W for a distance of 165.51 feet to a found 1/2 -inch iron rod for corner; 19) N 10' 48'01" W for a distance of 130.00 feet to a found 1/2 -inch iron rod for corner; 20) N 79° 11' 59" E for a distance of 5.61 feet to a found 1/2 -inch iron rod for corner; THENCE: N 10° 48' 01" W for a distance of 213.33 feet to the POINT OF BEGINNING and containing 67.69 acres of land, more or less. ORDINANCE NO. EXHIBIT "C" PAGE 6 OF 7 FIELD NOTES PROPOSED R -1 ZONE 76.92 ACRES Being all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being part of the 1152.60 acre tract described in the deed from Young Brothers, Inc. Contractors to Pebble Creek Development Company recorded in Volume 1671, Page 276 ofthe Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at the south corner of PEBBLE CREEK, PHASE 7 -A as recorded in Volume 3591, Page 235 (O.R.B.C.), said corner also being in the northeast line of the 27.29 acre City of College Station tract described in Volume 1029, Page 13 (O.R.B.C.); THENCE: along the southeast line of said PEBBLE CREEK, PHASE 7 -A for the following twelve (12) calls: 1) N 41 ° 51' 38" E for a distance of 49.10 feet, 2) N 27° 57'49" E for a distance of 123.33 feet, 3) N 62° 14'05" E for a distance of 98.48 feet, 4) N 50° 25'35" E for a distance of 150.44 feet, 5) N 58° 38' 46" E for a distance of 93.29 feet, 6) N 70° 17'04" E for a distance of 64.82 feet, 7) N 67° 39'26" E for a distance of 186.18 feet, 8) N 68° 33'04" E for a distance of 291.60 feet, 9) N 72° 32'45" E for a distance of 201.84 feet, 10) N 62° 49' 41" E for a distance of 105.22 feet, 11) N 35° 32' 23" E for a distance of 129.48 feet and 12) N 45° 09' 50" E for a distance of 131.92 feet to the most easterly corner of Lot 36, Block 43 of said PEBBLE CREEK, PHASE 7 -A, said corner also being the most southerly comer of PEBBLE CREEK, PHASE 7 -Blas recorded in Volume 5063, Page 139 (O.R.B.C.); THENCE: along the southeast line of said PEBBLE CREEK, PHASE 7 -B1 for the following ten (10) calls: 1) N 47° 46'36" E for a distance of 137.17 feet, 2) N 89° 27'24" E for a distance of 144.52 feet, 3) N 70° 50'45" E for a distance of 372.28 feet, 4) N 68' 44'59" E for a distance of 211.70 feet, 5) N 75° 33'38" E for a distance of 140.33 feet, 6) N 31 ° 46' 05" W for a distance of 134.95 feet, 7) N 58° 13' 55" E for a distance of 60.00 feet, 8) S 31 ° 46' 05" E for a distance of 15 3.6 8 feet, 9) N 75° 33' 38" E for a distance of 147.63 feet and 10) N 72' 09'36" E for a distance of 429.00 feet for the most easterly comer of Lot 38, Block 39 of said PEBBLE CREEK, PHASE 7 -B 1, said corner also being in the lower northeast line of Tract 5 described in the beforementioned 1152.60 acre Pebble Creek Development Company deed; THENCE: along the southeast line of said Tract 5 for the following four (4) calls: 1) S 37° 00' 52" E for a distance of 433.41 feet, 2) S 44° 59'08" W for a distance of 2000.00 feet, 3) S 27° 49'08" W for a distance of 536.67 feet and 4) S 86° 49'08" W for a distance of 712.05 feet for comer said corner also marking the southeast corner of the beforesaid 27.29 acre City of College Station tract; THENCE: N 39° 34'50" W for a distance of 1195.58 feet to the POINT OF BEGINNING and containing 76.92 acres of land, more or less.