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HomeMy WebLinkAbout2014-3623 - Ordinance - 12/18/2014 ORDINANCE NO. 2014-3623 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 AND R RURAL TO PDD PLANNED DEVELOPMENT DISTRICT TO AMEND THE CONCEPT PLAN LAYOUT AND USES FOR APPROXIMATELY 19.125 ACRES IN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A REMAINDER OF A CALLED 22.418 ACRE TRACT DESCRIBED AS TRACT ONE IN A DEED TO CREEK MEADOWS PARTNERS, LP, AS DESCRIBED IN VOLUME 7633, PAGE 239; AND 15.37 ACRES IN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, COLLEGE STATION, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 171.043 ACRE TRACT DESCRIBED AS TRACT ONE BY A DEED TO CREEK MEADOWS PARTNERS, LP, RECORDED IN VOLUME 7068, PAGE 220, OF THE OFFICIAL DEED RECORDS OF BRAZOS COUNTY, TEXAS, LOCATED AT 3850 GREENS PRAIRIE ROAD WEST, AND MORE GENERALLY LOCATED NEAR THE ENTRANCE OF CREEK MEADOWS SUBDIVISION AT THE INTERSECTION OF GREENS PRAIRIE ROAD WEST AND CREEK MEADOWS BOULEVARD NORTH; 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" and Exhibit "B", and described on Exhibit "C", and as shown graphically in Exhibit "D" and Exhibit "E", 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 18th day of December, 2014 A ED: MAYOR ATT ST: City Secretly APPROVED: ORDINANCE NO. 020N-3623 Page 2 Citi Attorne Y Y ORDINANCE NO. 201 q -31.023 _ Page 3 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 R Rural to PDD Planned Development District to amend the Concept Plan layout and uses, as described in EXHIBIT"C" as graphically depicted in EXHIBIT" D" and EXHIBIT "E": METES AND BOUNDS DESCRIPTION OF A 19125 ACRE TRACT SAMUEL DAVIDSON LEAGUE,A-13 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED TN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 22.418 ACRE TRACT DESCRIBED AS TRACT ONE BY A DEED TO CREEK MEADOWS PARTNERS, L.P. RECORDED IN VOLUME 7633,PAGE 239 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE EAST CORNER OF LOT 1, BLOCK 1, A&M SUPER STORAGE AT WELLBORN, ACCORDING TO THE PLAT RECORDED IN VOLUME 8451, PAGE 74 OF THE OFFICIAL. PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,SAME BEING'TYLE NORTHWEST CORNER OF LOT 4,BLOCK I,CREEK MEADOWS,SECTION IC,PHASE 113,ACCORDING TO THE PLAT RECORDED IN VOLUME 10030,PAGE 115 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: N 42"39'53"W ALONG THE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE TRACT AND SAID LOT I FOR A DISTANCE OF 368.04 FEET TO THE EAST LINE OF LOT 3A, BENJAMIN GRAHAM SUBDIVISION,ACCORDING TO THE PLAT RECORDED IN VOLUME 2463,PAGE 329 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:N 03°34'22"W ALONG TILE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE TRACT AND SAID LOT 3A FOR A DISTANCE OF 92.96 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF A CALLED 3.42 ACRE TRACT AS DESCRIBED BY A DEED TO DONALD AND MARTHA ROYDER; THENCE:N 03°35'56"W ALONG THE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE TRACT AND SAID 3.42 ACRE TRACT FOR A DISTANCE OF 329.01 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF A CALLEI) 11.18 ACRE TRACT AS DESCRIBED BY A DEED TO LYNN M.RUOFF RECORDED IN VOLUME 1694, PAGE I 1 1 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: N 43°06'08"E ALONG THE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE T'RAC'T AND SAID 11.18 ACRE TRACT FOR A DISTANCE OF 300.73 FEET TO A 1/2 INCH IRON ROD FOUND; THENCE:N 42°39'06"E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE TRACT AND SAID 11.18 ACRE TRACT FOR A DISTANCE OF 496.70 FEET TO THE WEST CORNER OF'l'URNBERRY PLACE,ACCORDING TO THE PLAT RECORDED IN VOLUME 4168,PAGE 77 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: ALONG THU COMMON LINE OF SAID REMAINDER OF 22.4183 ACRE TRACT AND TURNBERRY PLACE FOR THE FOLLOWING CALLS: S 47°40'04"E FOR A DISTANCE OF 182.99 FEET TO A 5/8 INCH IRON ROD FOUND; S 47°46'42"E FOR A DISTANCE OF 256,81 FEET TO A 5/8 INCH IRON ROD FOUND; S 47°48'00"E FOR A DISTANCE OF 200.06 FEET TO A 5/8 INCH IRON ROD FOUND; S 47°43'59"E FOR A DISTANCE OF 191.71 FEET TO A 5/8 INCH IRON ROD FOUNT)MARKING ORDINANCE NO.10I y Sty 2. Page 4 THE SOUTH CORNER OF TURNBERRY PLACE; THENCE: S 48° 54' 07" E ALONG THE NORTHEAST LINE OF SAID REMAINDER OF 22.418 ACRE TRACT FOR A DISTANCE OF 8.13 FEET TO THENORTHWEIST LINE OF GREENS PRAIRIE ROAD WEST; THENCE: S 42°55'42"W ALONG THE NORTHWEST LINE OF GREENS PRAIRIE ROAD WEST FOR A DISTANCE OF 617.80 FEET TO THE EAST CORNER OF A CALLED 0.861 ACRE TRACT AS DESCRIBED BY A DEED TO PALMISANO MARTIAL ARTS LLC RECORDED IN VOLUME 8483,PAGE 237 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: N 48°02'56"W ALONG THE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE TRACT AND SAID 0.861 ACRE TRACT FOR A DISTANCE OF 143.42 FEET TO THE NORTH CORNER OF SAID 0.861 ACRE TRACT; THENCE: S 41°57'04"W CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE TRACT AND SAID 0.861 ACRE TRACT FORA DISTANCE OF 300.21 FEET TO THE WEST CORNER OF A 0.17 ACRE TRACT AS DESCRIBED BY A DEED TO ATMOS ENERGY RECORDED IN VOLUME 7205,PAGE 168 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:5 48°02'56"E ALONG TILE COMMON LINE OF SAID REMAINDER OF 22.418 ACRE TRACT ,AND SAID 0.17 ACRE TRACT FOR A DISTANCE OF 138.29 FEET TO THE NORTHWEST LINE OF GREENS PRAIRIE ROAD WEST; THENCE:S 42°55'42"W ALONG THE NORTHWEST LINE OF GREENS PRAIRIE ROAD WEST FOR A DISTANCE OF 163.52 FEET; THENCE: ALONG THE SOUTHWESTERLY LINES OF SAID REMAINDER OF 22.418 ACRE TRACT, SAME BEING THE NORTHEASTERLY LINE OF THE AFOREMENTIONED LOT 4, BLOCK 1, CREEK MEADOWS,SECTION IC,PHASE 113,FOR THE FOLLOWING CALLS: N 47°04'18"W FORA DISTANCE OF 130.89 FEET; S 42°55'42"W FOR A DISTANCE OF 44.56 FEET; N 47° 04' 18" W FOR A DISTANCE OF 34.11 FEET TO THE POINT OF BEGINNING CONTAINING 19.125 ACRES OF LAND,MORE OR LESS; BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF CREEK MEADOWS,SECTION 1 C,PHASE 1E, 8451/74. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 D:/W O RK/MAB/14-479C.MAB ORDINANCE NO. 2t 11 ' 3423 Page 5 EXHIBIT "B" 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, as described in EXHIBIT "C" as graphically depicted in EXHIBIT" D" and EXHIBIT "E": METES AND BOUNDS DESCRIPTION OF A 15.370 ACRE TRACT SAMUEL'DAVIDSON LEAGUE,A-13 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN'PRAC"T ORPARCEL OF LAND LYING AND BEING SITUATED IN THE SAMUEL DAVIDSON LEAGUE,ABSTRACT NO.13,COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 171.043 ACRE TR.ACT DESCRIBED AS TRACT ONE BY A DEED TO CREEK MEADOWS PARTNERS,L.P,RECORDED IN VOLUME 7068,PAGE 220 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE EAST CORNER OF LOT 63,BLOCK 2,CREEK MEADOWS,SECTION 4,PHASE 3A,ACCORDING TO THE FLAT RECORDED IN VOLUME 11936,PAGE 269 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS,BEING ON THE NORTHWESTERLY LINE OF SHALLOW CREEK LOOP(50'ROW.); THENCE:ALONG THE COMMON LINE OF SAID REMAINDER 0E171 043 ACRE TRACT AND SAIDCREEK MEADOWS, SECTION 4,PHASE 3A,FOR THE FOLLOWING CALLS:FOR THE FOLLOWING CALLS: N 34°32'04"W FOR A DISTANCE OF 90 93 FEET; N 27°04' 16"W FOR A DISTANCE OF 201.70 FEET TO THE POINT OF;BEGINNING OF THIS HEREIN DESCRll3ED TRACT; THENCE: CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 171.043 ACRE TRACT AND SAID CREEK MEADOWS,SECTION 4,PHASE 3A,AND CREEK MEADOWS,SECTION 4,PHASE FOUR,(PLAT 11936/269)FOR. THE FOLLOWING CALLS: N 49°01'43"W FOR A'DISTANCE OF 201.81 FEET; N 44°37'24"W FOR A DISTANCE OF 305.49 FEET; N 27°26'21"W FOR A DISTANCE OF I71 22 FEET TO THF:NORTH CORNER OF SAID SECTION 4 AND THE EAST CORNER OP A CALLED 062 ACRE TRACT AS DESCRIBED BY A DEED TO TOMMIE ALLEN CHAMBERS RECORDED IN VOLUME 562,PAGE 476 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:N41°43'12'W ALONG THE COMMON LINE OF SAID REMAINDER OF]71.043 ACRETRAcTANDSAI0062 ACRE TRACT FORA DISTANCE OF 100.12 FEET TO THE NORTH CORNER OF SAID 0.62.ACRE TRACT; THENCE: ALONG TYLE SOUTHWEST LINE OF SAID REMAINDER OF 171.043 ACRE TRACT FOR THE FOLLOWING CALLS; N 37"25'56"W FOR A DISTANCE OF 97 02 FEET; N44°09'00"W FOR A DISTANCE OF 213.79 FEET TO THE WEST CORNER OF SAID REMAINDER OF 171. 43 ACRE TRACT ON THE SOUTHEAST LINE OF GREENS PRAIRIE ROAD WEST; THENCE: N 43°08'28"E ALONG T11E NORTHWEST LINE OF SAID REMAINDER OF 171.043 ACRE TRACT,SAME BEING THE SOUTHEAST LINE OF GREENS PRAIRIE ROAD WEST,FOR A DISTANCE OF 611.04 FEET TO THE WEST CORN ER OF CREEK MEADOWS,SECTION I A,PHASE TWO,ACCORDING TO THE PLAT RECORDED IN VOLUME 8028, PAGE 248 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUN'T'Y',TEXAS MARKING THE NORTH CORNER.OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OP 171.043 ACRE TRACT AND SAID SECTION IA, PHASE TWO,AND CREEK MEADOWS,SECTION IA,PHASE ONE(PLAT 8028/248)FOR THE FOLLOWING CALLS: ORDINANCE NO. 20i Li-3623 Page 6 S 46°51'32"E FOR A DISTANCE OF 12.50 FEET; N 43°08'28'E FORA DISTANCE OF 5.00 FEET; S 46°51'32"E FOR A DISTANCE OF 20.12 FEET; S 44°10'49"E FORA DISTANCE OP 192.11 FEET TO THE BEGINNING OFA CLOCKWISE CURVE HAVING A RADIUS OF 1434.19 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE Or 1°22'07'FOR AN ARC DISTANCE OF 284.59 FEEL' (CHORD BLEARS'S 38°29'44"13-281.12 FEET)TO THE END OP SAID CURVE; S 31°03'21"E FORA DISTANCE OF 71.70 FEET TO THE NORTHWEST LINE OF BEAVER CREEK DRIVE; S 47'64'23"W ALONG THE NORTHWEST LINE OP.813A VERCREEKDRIVE FOR A Df STANCE OF 11.85 FRET;. S 42°55'37°E ACROSS THE END OF BEAVER CREEK DRIVE FOR A DISTANCE OF 50.00 PEET, S 35°05'13'E FOR A.DISTANCE OF 38.15 FEET; N 5.5'26'18"E FOR A DISTANCE OF 4.65 FEET; S 34'33'42"E FOR A DISTANCE OF 69.83 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OP 286.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE.OF 10e 21'04"FOR AN ARC DISTANCE OF 51.67 FEET (CHORD BEARS;S 39°26'52"E-51.60 FEET TO THE END OF SAID CURVE; S 44°37'24"L'FORA DISTANCE OF 112.06 FEET; S 46°49'34"E FORA DISTANCE OF 56.77 FEET; S 49°9 i'43"E FOR A DISTANCE OF 165,39 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: THROUGH SAID REMAINDER OF 171.043 ACRE TRACT FOR THE FOLLOWING CALLS: S 40'58'17'W FOR A DISTANCE OF 161,63 FEET; S 04°01'43"E FOR A DISTANCE OF 8.68 FEET; 5 40°58'17'W FORA DISTANCE OF 55 34 FEET; S 85°SB'17"W FOR A DISTANCE OF 21.21 FEET; S 40°SS'17"W FOR A DISTANCE OF 335.00 FEET; S 49"53'46'W FOR A DISTANCE OF 44.23 FEET TO THE POINT OF BEGINNING CONTAINING 15.370 ACRES OF LAND,MORE OR LESS, HEARING SYSTEM SHOWN HERE N IS BASED ON THE PLAT CALL BEARINGS OF CREEK MEADOWS,SECTION 4,PHASE 3A,1193 r' 69. BRAD KERR REGISTERED PROFESSIONAL A LAND SURVEYOR No.4502 C]r 7 ',[... S sr4L S�Lo i;` D:IWORK/MA6/14-479x,MAOri)A +• a+ .45 i we°i ORDINANCE NO. 201q- 31p 23 Page 7 EXHIBIT "C" General: The following district regulations shall be applicable for the following uses as depicted on the attached Concept Plan, except as expressly modified below: • Single-family land uses— GS General Suburban Zoning District • Townhome land uses—T Townhome Zoning District Meritorious Modifications The following modifications are approved: Setbacks: Single-family land uses— ■ Reduction of the minimum front setback from 25 feet to 20 feet to conform with existing modifications in the Creek Meadows neighborhood • Reduction of the minimum side setback from 7.5 feet to 5 feet to conform with existing modifications in the Creek Meadows neighborhood Townhome land uses— ■ Minimum side setback reduced from 7.5 feet to 5 feet • Minimum front setback reduced from 25 feet to 20 feet • Minimum rear setback reduced from 20 feet to 15 feet Density: Reduced maximum Townhome density from 14 dwelling units per acre to 8 dwelling units per acre. Driveway Standards: The applicant requests that the maximum driveway width for the Townhome lots is increased from 25 feet to 27 feet to accommodate three parking spaces. Additional Conditions • Open spaces provided through future detention and easements as shown on the Concept Plan • Attached and/or detached two car garages required with each detached single-family dwelling unit as requested by residents through the Wellborn Community Plan • A uniform six-foot fence with design elements shall be constructed at the time of subdivision development on the northern and eastern property lines of the portion of the subject property located north of Greens Prairie Road West. Page 8 ORDINANCE NO. Z]4-3423 _ EXHIBIT "D" _,_.. ,_ ... .. , i 41 - , . I ez-i! ,, ,, . , g g 1 :!'' i V:Lly ,0-. - 1 1 i — .„„iv. , ; . i , t :.-_,;=•:1-' - 1 I Ey V a-, '- JON=r* 10; iiitila ::::..-.•_ , 1- g 1 ii , ix . I. i ',...s,,_:..., a; Z : I il ICI, <W‘ Q.'"'6"AitigAI'll IP p 1 i- il- ! ill I 4 -,'ia... 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