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Home My WebLink About2016-3753 - Ordinance - 03/10/2016 ORDINANCE NO. 2016-3753 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 R RURAL TO MF MULTI-FAMILY AND GC GENERAL COMMERCIAL FOR APPROXIMATELY 17.788 ACRES FOR THE PROPERTY BEING SITUATED IN THE JOHN H. JONES LEAGUE ABSTRACT NO. 26 IN COLLEGE STATION,BRAZOS COUNTY,TEXAS AND BEING A PART OF THE 17.788 ACRE TRACT DESCRIBED IN THE DEED FROM WILLIAM CHARLES GILMORE,WALTER EDGAR GILMORE,II, PETER LEE GILMORE AND EDITH ANN GILMORE TO BCS TURKEY CREEK, L.P. RECORDED IN VOLUME 11640, PAGE 259 OF THE OFFICIAL RECORDS, BRAZOS COUNTY, TEXAS, AND MORE GENERALLY LOCATED AT THE INTERSECTION OF TURKEY CREEK ROAD AND RAYMOND STOTZER FRONTAGE ROAD; 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 as shown graphically in Exhibit"B"and Exhibit"C",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. PART 4: Said Ordinance will not become effective unless a deed executed for purchase of the property is recorded in the Official Records of Brazos County,Texas. PASSED,ADOPTED and APPROVED this 10th day of March,2016 APPROVED: MAYOR ATTEST:� City Secretar APP OVED: City Attorney Ordinance No.2016-3753 Page 2 of 6 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 MF Multi-Family and GC General Commercial, as graphically depicted in Exhibit"B"and Exhibit"C". Ordinance No.2016-3753 Page 3 of 6 FIELD NOTES PROPOSED MULTI-FAMILY ZONE 12.00 ACRES Being all that certain tract or parcel of land lying and being situated in the JOHN H. JONES LEAGUE, Abstract No. 26 in College Station Brazos County_ Texas and being a part of the 17.788 acre tract described in the deed from William Charles Gilmore, Walter Edgar Gilmore. IL Peter Lee Gilmore and Edith Ann Gilmore to BCS Turkey Creek. L.P. recorded in Volume 11640, Page 259 of the Official Records.Brazos County.Texas(O.R.B.C_)and being more particularly described by metes and bounds as follows: BEGINNLNG: at a found 4-inch square concrete monument marking the north corner of the said 17.788 acre BCS Turkey Creek,L.P.tract the east comer of the called 1.348 acre'tuna Kinman tract recorded in Volume 2461. Page 202 (O.RB_C.) and being in the southwest line of the 56.56 acre Block One, MEMORIAL CEMETERY OF COLLEGE STATION according to the Final Plat recorded in Volume 8563,Page 210(O.RB.C.); THENCE: S 37°03' 19"E along the common line of the said 17.788 acre BCS Turkey Creek.LP_tract and said MEMORIAL CEMETERY OF COLLEGE STATION for a distance of 813.9d feet to a found 4- inch square concrete monument marking an angle point in the northeast line of the said 17.788 acre tract and an interior ell-corner in the before-mentioned southwest line of the MEMORY& CEMETERY OF COLLEGE STATION.said concrete monument also being in or near the common line of the said JOHN H.JONES LEAGUE,A-26 and the JOHN IL JONES SURVEY.Abstract No_ 148; THENCE: S 410 58'41"W continuing along the said common line of the said 17.788 acre BCS Turkey Creek L,P. tract and said MEMORIAL CEMETERY OF COT I FGE STATION, said line being in or near the common line of the said JOIN H. JONES LEAGUE. A-26 and the said JOHN H. JONES SURVEY,A-148 for a distance of 68.84 feet to a found 12-inch iron rod marking an interior el-corner in the northeast line of the before-said 17388 acre tract and an angle point in the southwest line of the said MEMORIAL CEMETERY OF COLLEGE STATION; THENCE:through the interior of the said 17.788 acre BCS Turkey Creek L.P.tract for the following six (6)calls: 1) S 58°04'35"W for a distance of 262.76 feet for corner, 2) N 59°26'17"W for a distance of 106.42 feet for corner, 3) N 61°24'08"W for a distance of 100.93 feet for corner, 4) S 54°53'47'W for a distance of 200.73 feet for comer. 5) S 02° 51'33"W for a distance of 184.25 feet for comer.and 6) S 46° 21' 31'W for a distance of 74.98 feet for corner in the northeast right-of-way line of FM 2513,corn nionly known as Turkey Creek Road(base on a 100-foot width); THENCE: N 37° 10' 37"W along the southwest line of the said 17.788 acre BCS Turkey Creek L.P. tract, said line being common with northeast line of said FM 2513 right-of-way for a distance of 599.46 feet to a found 4-inch square concrete monument marking the west corner of the said 17.788 acre tract and the south comer of the called 15.37 acre Junia Kinrnan remainder tract recorded in Volume 263.Page 28(B.C_D.R); THENCE:N 41°56'05"E along the northwest line of the said 17.788 acre BCS Turkey Creek,L.P.tract, the called 15.37 acre Kinman remainder tract and the before-mentioned 1.348 acre Kinman tract for a distance of 821.13 feet to the POINT OF BEGINNING and containing 12.00 acres of land,more or less. Ordinance No.2016-3753 Page 4 of 6 FIELD NOTES PROPOSED COMMERCIAL ZONE 5.79 ACRES Being all that certain tract or parcel of land lying and being situated in the JOHN H. JONES LEAGUE, Abstract No. 26 and the JOHN H. JONES SURVEY. Abstract No. 148 in College Station, Brazos County, Texas and being a part of the 17.788 acre tract described in the deed from William Charles Gilmore, Walter Edgar Gilmore. IL Peter Lee Gilmore and Edith Ann Gilmore to BCS Turkey Creek, L.P.recorded in Volume 11640. Page 259 of the Official Records,Brazos County',Texas(O.RB_C.)and being more particularly described by metes and bounds as follows: BEGINNLNG: at a found 1.2-inch iron rod marking the east corner of the said 17.788 acre BCS Turkey Creek L.P. tract, the south corner of the 56.56 acre Block One. MEMORIAL CEMETERY OF COT T.FGE STATION according to the Final Plat recorded in Volume 8563. Page 210 (O.RB_C:_) and being in the monurnented northwest line of FM. 60, commonly known as Raymond Stotzer Parkway (right-of-way width varies): THENCE: 699.11 feet in a counter-clockwise direction along the arc of a curve in the said monumented line of F.M. 60, said curve having a central angle of 03° 28'49"_ a radius of 11509.16 feet. a tangent of 349.66 feet and a long chord bearing S 53°21'51"W at a distance of 699.00 feet to a found 1.2-inch iron rod marking the south corner of the said 17.788 acre BCS Turkey Creek. L.P.tract and the intersection of the northeast right-of-way line of FM 2513,commonly known as Turkey Creek Road(right-of-way width varies at this location): THENCE:along the southwest line of the said 17.788 acre BCS Turkey Creek, L.P.tract,said line being common with northeast line of said FM 2513 right-of-way for the following ling five(5)calls: 1) N 48° 16'06"W for a distance of 116.00 feet to a found 4-inch square concrete monument in or near the common line of the said JOHN H_JONES LEAGUE_A-26 and the said JOHN H.JONES SURVEY,A-148, 2) N 70°34'37"W for a distance of 63.79 feet to a found 1;2-inch iron rod, 3) N 52°54'37"W for a distance of 72.78 feet to a found 1 2-inch iron rod, 4) N 52°49"37"W for a distance of 3 238 feet to a found 1;2-inch iron rod.and 5) N 37° 10'37"W for a distance of 46.10 feet for corner. THENCE:through the interior of the said 17.788 acre BCS Turkey Creek L.P. tract for the following six (6)calls: 1) N 460 21'31"E fora distance of 74.98 feet for corner. 2) N 02°51'33"E for a distance of 184.25 feet for corner, 3) N 540 53"47"E fora distance of 200.73 feet for corner. 4) S 61°24'08"E fora distance of 100.93 feet for corner.. 5) S 59°26'17"E for a distance of 106.42 feet for comer,and 6) N 58° 04'35"E for a distance of 26236 feet to a found 1/2-inch marking an interior ell-corner in the northeast line of the before-said 17.788 acre tract and an angle point in the southwest line of the said MEMORIAL CEMETERY OF COT T FGE STATION.said iron rod also being in or near the common line of the said JOHN H. JONES LEAGUE_ A-26 and the said JOHN H. JONES SURVEY,A-148; THENCE: S 48"04'45"E along the northeast line of the said 17.788 acre BCS Turkey Creek, LP. tract and the southwest line of the said MEMORIAL CEMETERY OF COLLEGE STATION for a distance of 253.64 feet to the POINT OF BEGINNING and containing 5.79 acres of land,more or less, Ordinance No. 2016-3753 Page 5 of 6 EXHIBIT "B" ,� ` c c a (, U cU «: c Z 'r e y OI t' V' O Z o� e =� v W O",✓ > mm�zeeO �U82 of o � N � vZr aci`o use d inop > _ �°Tl 5 -N M !,... _ _ eyi 0 U 1 1 1 0 ,ter zi I- W I 0M000>00 LLzzzoWx co a I cno / o 0 8 o Ln dy E� U ir I-4.:41ta,N • of a}-•r, flhittG: '}�94'sr4 y_m�•.. Q 0 i U LL 1'n ,`..'_ ', dee m Z J J=U lC a p 1 i- ``., \ t./ 07772; s j i w� � F U ` A o /} r LL e m b co ;eek -,re �Gy . cEc m fsV !18141191'�Gtb !18141191„,,ggcio2 d4Y -T200000) 3. 9 pa U R 10 d W EK F- Z W o I d ,04./ R I 0_ J c 4,"/ atW yQ, ce w // EZce W 3n r 0 / n a = E ea N z co z 9(:qv,LL ONy4 i dcfUNOF SI 1Nn GO mSFL } �Hf�� m \- 00 o ow . Z 1L \ r w 4.” ,,p..'. 1V K W R G 0 F . Ordinance No.2016-3753 Page 6 of 6 EXHIBIT "C" 4e1 e 4 } soxal uogo/g aha//o3 A , ,` ,r 6., 1N3Wd073�0 N33210 13)121n1 IL'LyV !�:' I _ �� dVI ONINOZ-3LI ' 11 1 it1li� ,i t yt1 r'� \'f'�"i ` i a,tij jt a'iis�i� ` 1 ai sJ - 4 iiat 4 1-1.3.-1,.4 5 s y s.'j_J.y_R.S j,,15-5 54��.i r_4I., ..1 Z_ 14,.3 3 ,..1_5.1sa� t_! ,4-'� 5 t}I1 �3f.1_a Y h 1a»-s�y,1 E !1.1 3 9 J t c��`\\\\ r�1A- tij �f(.1JJ�1-1,"�Jr{j,a'lly 131 tt\\\� ^Z/ lil 1,i1.-' -, .-' -$11/311-1-/:!11:L 4' 1� /§11 SS_A-.0, 5J 1 4{. t ,`' 1 N I • ys, y f " 2., I, rt s �� wJsJ1J? � ij3ti \\��;q \ W d i'sae sa)a :+j1 �°1pp1 ' CO lJ.1 - iJ -} \ � [L X .11 .1Ja .JN. ,I 6�w++w 1 fly,-M/ /'` 1 'I 11.f t ,--'-- ^ e } \Ne,,,,,,\'A1i .1 ii i i N [ �_ I S , 3 it \ I 0i " \ ' \' 11 ti ^' 'Hi Jg A et 1 ,e! 111._ AI„1. _� a�rr.,,,_:, ,,, , , , W 41 Iv:1! ,.. - ' f . ,' gtlil lii + .:v,�, w' i I: - v ;-_ T1 iIkil ,.1