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HomeMy WebLinkAboutOrdinanceFILE COPY 0 ORDINANCE NO. 2733 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 22nd day of JULY 2004. APPROVED: ' `�'� • ATTEST: 0,�M� 4PL Connie Hooks, City Secretary APPROVED: / O/ group /legal/ord inance/amendmentform. doc ORDINANCE NO. 2733 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 R -1 Single Family Residential to C -1 General Commercial: BEING A 699 ACRE TRACT OR PARCEL OF LAND, MORE OR LESS, LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING A PORTION OF A 16.08 ACRE TRACT CONVEYED TO JEFF E. PARKER FROM FRANK M. AND DORIS D. SMITH BY DEED RECORDED IN VOLUME 447, PAGE 435 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT B AND SHOWN GRAPHICALL Y IN THE ATTACHED EXHIBIT C. jplc: (documents and settingsV laneryldesktop104- 143.doc 7/20/04 ORDINANCE NO. 2,733 EXHIBIT "B ", I PAGE 3 OF S L�F No.o 03D70047 .., • , ...• . • B*Uq a 7.46 acre tract ,-ex G r or leas, lying and s situated Jz tbe , Abstract Ao. 46, college .station, l��r : a portion of a 16.08 core tract Sgradc..W. and owls D. Smith ilR ' ; „' 1 ! t:' � 43S Of the Deed Recoru of particularly des hr i,ai s SEGIHMNG at an iron rod marking. the Dot t corner of the aforementioned 16.08 acre tract °t THOM forth 63. 49' 06w East Sor A dt*te .of 450.97 feat to an iron read for corners THWCS Routh 45. 20' 52* East cc* A dives' of 245.851 fast to an iron rod for the beginning of ,& curve ter the left, TMCB South 57. 44 ( 13” 8abt; . 41ift. i*JA of Curv for a distance of 429.28 feet to of said curve, same rod being a point for ; i Central angle s 24• 47' 20 radius on 1400.00 fret, are = i38.6S feet, tangent . 719.76 feat), TJWIC8 South 46. 39' 39 Root for a distance of 523.26 feet to a corner post found for corner, 2MRCB Borth 4S• 00' 00 West fors diet t' 'of 794.90 foot to the PLUM OF 1320 It 1 ltM and containing 7.46 sores of land, mw or lass. $AV2 AND XXCEPT: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46 in College Station, Brazos County, Texas, being part of that tract conveyed to The Second Baptist Ct,urch by.'ba0 reoa�ad in volume 755, Page 513 of the OfficUl. Recoxlr of "SM*O "CQUaty, Texas, and being more particularly. deacrlbod'4s fol ,i, IMIla UG in the northeast line of Lek VLOW Acres Addition to : the City of College Station, Texas, ao to plat of record iu volume 44e, Sage 607 of tLe.Deed Reco s.o Brazos County, Texas, at the west corner of the said second Baptist church tract. TMCE N 60. 14' 37. 8- 4S1.26 feet al" 't?se southeast line of a 30' public rood described in Volume iS7, Vag* 417 of the Dad Continued on reset page -1- ORDINANCE NO. 2733 EXHIBIT NB ". PAGE 4 OF S Records of Bra►sos tin $1Cjrtj1qwext lime of the said M oxi an iroa rod at the most northerly cornet 01't. 'liii ist cl=ch treat THU= a 44O 55' 23 B- 104.3s: feet al.mgi OW northeast line of the SecmW Baptist Church tract yan UZO ftd set for the most easterly corner of this tracts!; 'fHM= along khe arc of a curve to the--left $R through a central ale of 15• $4 09e, 04 :*bord at i*Aab bears S 67. 51' 361-W-477.72 feet, to as irop rtid set in diii'nartheast lim of Lake View Acresl TZDXB N'4$ 36' OS" W- 17.19. fie:.• + beast lies Of Lakeview acres to the 70M � tainiAg 0.. 47 acres of land ogre or less. 04 -143 Property Owners OWNNAM OWNAD1 OWNAD2 OWNCTY OWNSTA OWNZIP BAPTIST CHURCH LOAN CORP PO BOX 150098 DALLAS TX 753150098 BERTRAND, CLINT A 2338 HARVEY MITCHELL PKWY S COLLEGE STATION TX 778455016 FORD, JAMES A & MARGARET O TRUSTEES FORD LIVING TRUST PO BOX 7849 HORSESHOE BAY TX 786577849 MCCULLOUGH, JAMES H TRUSTEE 306 CEDAR ST HEARNE TX 778592543 NEWTON, MARILYN CURRY 2359 HARVEY MITCHELL PKWY S COLLEGE STATION TX 778455017 SATTERWHITE, CHARLES LARRY & SANDRA ANN PO BOX 9532 COLLEGE STATION TX 778429532 SHARP, BILLY WAYNE 2403 N TEXAS AVE BRYAN TX 778031844 SKF ENTERPRISES FOR L A FORD FAMILY TRUST 8818 FM 1179 BRYAN TX 778087630 SLAFKA, ANTON 21107 SH -6 S NAVASOTA TX 77868 TREMONT, STACY DIANE TRUST #>`1 5608 MIDDLEBURY DR BRYAN TX 778026023 Kenny Cotton's L.L.C. 5541 Bear Lane, Suite 111 Corpus Christi I TX 78405 Existing R -1 Single - Family Residential: PURPOSE: This district includes lands planned for single - family residential purposes and accessory uses. This district is designed to accommodate sufficient, suitable residential neighborhoods, protected and/or buffered from incompatible uses, and provided with necessary and adequate facilities and services. USES: • Single - Family Detached • Educational Facility, Primary & Secondary • *Governmental Facilities • Parks • *Places of Worship • Country Club • *Utility • Wireless Telecommunication Facilities - Unregulated Proposed C -1 General Commercial: PURPOSE: This district is designed to provide locations for general commercial purposes, that is, retail sales and service uses that function to serve the entire community and its visitors. USES: • Extended Care Facility/Convalescent/Nursing Home • Educational Facility, Indoor Instruction • Educational Facility, Outdoor Instruction • Educational Facility, Primary & secondary • Educational Facility, Tutoring • Educational Facility, Vocational/Trade • Governmental Facilities • Health Care, Hospitals • Health Care, Medical Clinics • Parks • Places of Worship • Animal Care Facility, Indoor • Art Studio /Gallery • *Car Wash • *Commercial Garden/Greenhouse/Landscape Maintenance • *Commercial Amusements • Conference/Convention Center • Country Club • Day Care, Commercial • Drive- in/thru Window • Dry Cleaners & Laundry • Fraternal Lodge • *Fuel Sales • Funeral Homes • Golf Course or Driving Range • Health Club /Sports Facility, Indoor • Health Club /Sports Facility, Outdoor • Hotels • (C)Night Club, Bar or Tavern • Offices • Parking as a Primary Use • Personal Service Shop • Printing/Copy Shop • Radio/TV Station/Studios • Restaurants • Retail Sales — Single Tenant over 50,000 SF • Retail Sales and Service • Shooting Range, Indoor • Theater • Storage, Self Service • *Vehicular Sales, Rental, Repair and Service • *Utility • *Wireless Telecommunication Facilities — Intermediate • (C)Wireless Telecommunication Facilities — Major • Wireless Telecommunication Facilities — Unregulated 04 -143 FILE COPYd�-/y 3 OV0116'r1a ORDINANCE NO 2734 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 22nd day of JULY 2004. APPROVED: i Y PIO ATTEST: Connie Hooks, City Secretary APPROVED: i� RAF O /group /legallord inance/amendmentform. doc ORDINANCE NO. 2734 Page 2 EXHIBIT "A" The City Council has determined that the subject property is located along a gateway and major corridor to the City. This overlay district is established to enhance the image of key entry points by maintaining a sense of openness and continuity. 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 to apply an OV Overlay District as provided in the Unified Development Ordinance in Article 5, Section 5.8A: BEING A 6.99 ACRE TRACT OR PARCEL OF LAND, MORE OR LESS, LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING A PORTION OF A 1608 ACRE TRACT CONVEYED TO JEFF E PARKER FROM FRANK M. AND DORIS D. SMITH BY DEED RECORDED IN VOLUME 447, PAGE 435 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT B AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT C. jplc:Wocuments and se1tingsyaneryWesktop104 -143 overlay ordinance.doc 7/20/04 ORDINANCE NO. 2734 EXHIBIT "B ", I PAGE 3 OF S OF ft.: 039070047 .c(.I1�s kc r K. B• a 7.46 sere tt" 'ox: and bei ng situated In tie ' College . station. Bra: Q0_rifC 16.09 so" t]tact C�Rt7, Dowis D. Sadth Deed Records of brims particularly desarilGsit se or 1lss, lying t; - bstradt No. 46, e S35 icn of t�'s Of the BWD*aNO at an iron rod $madcl ig. the 2=tbw#kt corner of the aforementioned 16.09 acve tr"ti THU= North 63. 40. OS East for 4 dint .of 450.97 foot to an iron read for corner; mwcE south 45. 20' f3• East .0 d3:i ' of 245.89 feet to an iron rod for the beginning of 'a curvy t v: the left THENCE South 57. 44 33 " Bait d lg:8gid of curve f a distance of 499.29 feet tq aa of said curve, same rod being a point foe . 0; central angle . 24. 47' 20 radius 4, 1000.00 fret, are .65 feet, tangent • 211 -76 feet)$ TJU*M South 46. 39' 39 Nest for a distance Of 523.26 feet to a corner post found for corner; %=CC Worth 45. 00 00 Neat fore distSOM of 794.90 feet to the PLAM OF 8201HltM and containing 7.46 acres of land, W= Or less. SXV8 AND EXCEPT: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract loo. 46 in College station, Brazos county. Texas, being part of that tract aamrsy.d to The Second Baptist Church by'iced i*WJMad in Volume 735, Page 513 of the Official ReaoXU 0f Texas, and being more particularly.described'°as ICd!K'.wts$ XWnW1MQ in the northeast line of Lakaviar Acres Addition to tile City Of College Station, Texas, socoz4ing to plat of record in Volume 440, Page 607 of the .Deed Recofts.of 8razoo County, Texas, at the west corner of the said Second Baptist Church tract. TWWCE N 60 14' 37. 8- 451.26 feet along 'tin southeast line of a 30 public road described in Volume 157, Page 117 of the Deed continued on next page -1- ORDINANCE NO. 2 7 3 4 EXHIBIT "B ". I PAGE 4 OF 5 secordts of Brasos Coiny... fibs north�.est line of the said 8eao� i� M fGp as iron rod at the east northerly corner of't� IgE�i4'�i - tilt Church tract, TiitUM s 4 6• SS' 13 B ..1 304.30: feat slam! tow line of the Second Baptist 0MCCh tract to an ir'in 04 set for the most easterly corner of this tract$: ACS along the am of a curve to the.lettW through a central "19 of 2i $0 07 tlxi-abord of, - boars S 67 SS' 36 N- 477.72 feet, to an iron V6d Ant; in fh'aortheast line of Lake View Across TE[✓POM U'48* 16' OS" R 17.19. f :., �j heat lies of Lakeview Acres to the rontr - 01+' BS � tainirx3 0..47 acres of land more or less. Sent By: CRAVEY REAL ESTATE SERVICES INC; 361 289 5442; May -28 -04 2:41PM; Page 5 (IF No.: 02070047 � d • ~^w Being a 7 .46 acre tract or parcel of land, more or less, lying and being situated in the Morq=- Rector Laagw, Abstract No. 46, college Station, Brazos County, Texas, and being a portion of a 16 . oe acre tract conveyed to .7eff B. Fades'. Frank M. and Doris D. Smith by deed recorded in Volum 447, Page 435 of the Deed Records of Brazos County, TOXA2, apd bed more particularly described by metes and bounds ar follows: BEGINNING at an iron rod marking the northwest corner of the aforementioned 16.08 acre tract; THENCE North 63 49' 08" East for a distance of 450.97 feet to an iron rod for corner; THECCE South 45 20' 52" East for a distance of 245.89 feet to an iron rod for the beginning of a curve to the left; THENCE South 57' 44' 32" East along said chord Of curve for a distance of 429.26 feet to an iron rod for and of said curve, same rod being a point for corner, (Curve Data; central angle 24° 47 20 ", radius * 1000.00 fret, are - 432.65 feet, tangent 219.76 feet): THENCE South 46 39 39" West for a distance of 523.26 feet to a corner post found for corner; THENCE North 45 00' oo" West for a distance of 794.90 feet to the PLACE OF BEGINNING and containing 7.46 acres of land, more or less. SAVE AND EXCEPT: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46 in College Station, Brazos County, Texan, being part of that tract conveyed to The Second Baptist Church by Deed recorded in volume 755, Page 513 of the Official Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING in the northeast line of Lakeview Acres Addition to the City of College Station, Texas, according to plat of record in Volume 448, Page 607 of the Deed Records of Brazos County, Texas, at the west corner of the said Second Baptist Church tract. THENCE N 60 14' 37" E- 451.28 feet along the southeast line of a 30' public road described in Volume 157, Page 417 of the Deed Continued on next page -1- 0 Sent By: CRAVEY REAL ESTATE SERVICES INC; 361 289 5442; May -28 -04 2:41PM; Page 6 1 necorda of Brazos county, Texas, Which is also the northwest line of the said Second Baptist Cn=ch tract, to an iron rod at the most northerly corner of the said Second Baptist Church tract; THENCE S 48 SS' 23" E- 104.39 feet along the northeast line of the Second Baptist church tract to an iron rod set for the most easterly corner of this tract; THENCE along the arc of a curve to the left (R =955') through a central angle of 28° 58' 07 the chord of which bears S 67" 51' 361 W_477.72 feet, to an iron rod suet in the northeast line of Lake View Acres; THENCE N 48 36' 05" W -37.29 feet along the northeast line of Lakeview Acres to the POINT OF BEGINNING and containing 0.47 acres of land mere or less. .2- ORDINANCE NO. EXHIBIT "B ", I PAGE 3 OF 5 OF Mb.: 02070047 a a tf,.: Being a 7.46 acre tract ox ? '�t.' or less, lying and being situated in the .Abstract lb. 46, college Station, srascur:COUaCy;- a portion of a 16.09 sore trace to` 8+sant.:M. and Doris D. Ssdth `_4)S Syr Of the ...: _,: - Deed R eoords of hs particularly desorib+d'f�+y' s MMDWlw at an iron rod marking the nortbowt corner of the aforementioned 16.06 acre tract-1 THENCE North 63. 49' Os' East 94*r.4 dist .of 450.97 feet to .an iron rod for corner: THJWCa South 45. 20' 52" Bast fo a disc of 243.69 feet to an iron rod for the beginning of a curve to the left; THENCE South 57. 44 12. 80t 4i ft said A S± of curve for a distance of 429.29 feet to rodoE said curve, same rod being a point fos r, t , central angle • 24. 47' 20 radius " 1000.00 fret, arc s+' 432.6S feet, tangent • 219.16 feet): THENCE South 46. 39' 39" hest for a distance of 523.26 feet to a corner post found for corner; THRCB North 45• 00' 00• Vest fora distal" Of 794.90 fast to the PLWB OF 88DINKIM and containing 7.46 acres of land, more or lass. SAVE AND EXCEPT: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46 in College Station, Brazos county, Texas, being part of that tract Conveyed to The Second Baptist Church by wed recoz lad in Volume 735, Page 523 of the Official Record~ of`Brat" County, Texas, and being more particularly described as folZowi W41MIYG in the northeast line of Lakeview Acres Addition to the City of College station, Texas, according to plat of record in Volume 449, page 607 of the Deed ReeoVb of Brazos County, Texas, at the wrest corner of the said Second Baptist Church tract. THENCE N 60. 14' 37 E- 451.22 feet along the southeast line of a 30 public road described in Volume iS7, page 417 of the Deed Continued on next page -2- ORDINANCE NO. EXHIBIT "11tv. PAGE 4 OF 5 Records of Dragon County*.. northwest line of the said 8eoo W o an iron rod at the most northerly cornet of tYr Sist church tract) TM DICX t e6 SS' 23• E 204.39: feet ala60 to* northeant line of the Second Baptist Mureh tract to 4 w 1xV a set for the most easterly corner of this traati YHCS along the arc of a carve to the left (1=95S') through a central ale of 2Y S!' 07■, tbt chord of•%4 ch bears B 67 Si' 36•.N- 477.72 feet, to an iron rod not in tWoortheast line of Lake View Acres; THZWM N 48. 36' 05" N- 37.29.1 .,04 Atstheast liras of Lakeview Acres to the Vow O1�' lf�f `ebsitaining 0. acres of land more or less.