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HomeMy WebLinkAbout2017-3898 - Ordinance - 07/13/2017 ORDINANCE NO. 2017-3898 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 MF MULTI-FAMILY AND GC GENERAL COMMERCIAL TO MF MULTI-FAMILY AND GC GENERAL COMMERCIAL FOR APPROXIMATELY 17.8 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF TURKEY CREEK ROAD AND RAYMOND STOTZER FRONTAGE; 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 affect 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 13th day of July, 2017 ATTEST: APPROVED: 9\iumx,lorY\ki.o ..4401. 7 City Secretary . For APPROVED: City A 'tome ORDINANCE NO. 2017-3898 Page 2 of 8 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 MF Multi-Family and GC General Commercial to MF Multi- Family and GC General Commercial. ORDINANCE NO. 2017-3898 Page 3 of 8 FIELD NOTES PROPOSED COMMERCIAL ZONE 4.63 ACRES Being all that certain tract or parcel of land lying and being situated in the JOHN IL 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, 11, Peter Lee Gilmore and Edith Arm Cilmore to BCS Turkey Creek, LP, recorded in Volume 11640, Page 259 of the Official Records, Brazos County, Texas(0,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 east corner of the said 17,788 twit HCS Turkey Creek, L.P. tract, the south corner of the 56,56 acre Block One, MEMORIAL CEMETERY OE COLLEGE STATION according to the Fina Plat recorded in Volume 8563, Page 210 (0.R.,B.C.) and being in the mowimented northwest right-of-way line of P.M. 60, commonly blown as Raymond Stotzcr Parkway(right-of-way width varies); THENCE: 699.11 Cod in a counter-clockwise direction along the arc of a curve in the said monumented northwest right-of-way line of F.M. 60, said curve having a central angle of 030 28° 49", a radius of 11509.16 feet, a tangent of 349.66 feet and a long chord bearing S 53 21' 51" \\J at a distance of 699.00 feet to a found 1/2-inch iron rod marking the south comer of the said 17.788 acre DCS 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); TITENCE: along the southwest line of the said 17.7 acre BCS Turkey Creek, L.P. tract, said line being coma-ion will the northeast right-of-way line of said FM 2513 for the following five(5)calls: 1) N 48' 16' 0611W 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 IL 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 112-inch iron rod, 3) N 52' 54'37" W 11w a distance of 72.78 feet to a found 112-inch iron rod. 4) N 52° 49' 37" W for a distance of 32,78 feet to a found 112-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 BUS Turkey Creek, L.P. tract for the following three (3)calls: 1) N 46' 21'31' F for a distance of 74,9g feet for comer, 2) N 60' 52'39" E for a distance of 404.84 feet for corner, mid 3) N 58° 04' 35" E for a distance of 262,76 feet to a found 1/2-inch marking an interior ell-corner in the northeast line of the below-said 17.788 acre tract and an angle point in the southwest line of the said MEMORIAL CEMETERY OF COLLEGE. STATION, said iron rod also being in or near the common line of the said JUL-IN H. JONES LEAGUE, A-26 and the said JOHN H. JONES SURVEY, A-148; ORDINANCE NO. 2017-3898 Page 4 of 8 THENCE:: S 48134'45" E along the northeast line of the said 11.788.acre BCS Turkey Creek, L.P. 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 4.63 acres of land, more or less. ORIGIN OP 131F.ARING SYSTEM: Monuments found along the southwest line of the MEMORIAL CEMETERY OF COLLEGE STATION recorded in Volume 8563, Page 210, having a record bearing of S 37°03'19" E and is referenced to the Texas State Plane Coordinate System,Central. I,Kevin R. McClure, Registered Professional Land Surveyor No. 5650, State of Texas, do hereby certify to the best of my knowledge, information and belief, and in my professional opinion, that this survey is true and correct and agrees with a survey made on the ground under yggzrvision on May 8,2012.. :0'\7; CY /'si,c,-"•? k c9A;,-,-4.:: .-,5.•,),...fi 4. , KEN t N II. '•i;t.:1.1 4,1 ORDINANCE NO. 2017-3898 Page 5 of 8 FIELD NOTES PROPOSED MUI;f1-FAMILY ZONE 1'3.16 ACRES Being all that certain tract or parcel of hind lying and being situated in the JOHN H, JONES LEAGIT., 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, I1, 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 (0.R.B.C.) and being more particularly described by metes and hounds as follows: BEGINNING: at:a 'band 4-inch square concrete monument marking the north corner of the said 17.788 acre BCS Turkey Creek, L.P. tract, the east corner of the called 1,348 acre Junia Kin:man tract recorded in Volume 2461, Page 202 (0,R,B,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 (0.R,B.C.); THENCE: S 3703' 19" E along the common line of the said 17.788 acre BCS Turkey Creek, L.P. tract arid said MEMORIAL CEMETERY OF COLLEGE STATION for a distance of 813,96 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 MEMORIA1, CI NE'l'ERY OF COLLEGE STATION, said concrete monument also being in or near the QOM:KM line of the said JOHN H, JONES LEAGUE, A-26 and the JOHN H. JONES SURVEY, Abstract No, 148; THENCE: S 41' 58' 41" W continuing along the said common line of the said 17.788 acre BUS Turkey Creek, L,P. tract and said MEMORIAL CEMETERY OF COLLEGE STATION, said line 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 for a distance of 68.84 feel to a found 1t2-inch iron rod 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 MEMORIAI, CEMETERY OF COLLEGE STATION; THENCE: through the interior of the said 17.788 acre BCS Turkey Creek, L.P. tract for the following three(3) calls: I) S 5W 04'35" W for a distance o1262..76 feet for corner, S 60"52' 39' W for distance of 404,84 feet for corner,and 3) S 46' 21' W for a distance of 74.98 feet for corner in the northeast right-of-way line of FM 2513, commonly known as Turkey Creek Road(base on a 100-foot usual width); THENCE: N 37' 10' 37" W along the southwest line of the said 17,788 acre BUS Turkey Creek, L.P. tract, said line being common with the northeast right.01-way line of said FM 2513 for a distance of 599.46 feet to a found 4“ineli square concrete monument marking the west corner of the said 17.788 acre tract and the south corner of the called L5.37 acre Janda Kinntan remainder tract recorded in Volume 263,Page 28 (BC,D,R.); ORDINANCE NO.2017-3898 Page 6 of 8 THENCE: N 41° 56' 05' F. along the northwest line of the said E 7.788 acre BCS Turkey Creek, LP. tract, the called 15.37 acre Kinman remainder tract and the before-mentioned 1.348 acre Kinman tract for a distence of 821,13 feet to the POINT OE BEGINNING and containing 13.16 acres of land,more or less. ORIGIN OF 'BEARING SYSTEM: Monuments found along, the southwest line of the. MEMORIAL CEMETERY OF COLLEGE STATION recorded in Volume 8563, Page 210, having a record hearing of S 370319" E.and is referenced to the Texas State Plane Coordinate System, Central. I, Kevin R. McClure, Registered Professional Land Surveyor No, 5650,State of Texas,do hereby certify to the best°limy knowledge, information and belief, and in my professional opinion,that this survey is true and correct and agrees with a survey made on the ground under my sopervisio,At May 8,2012. ...;(4_ l'. /l' l - IN li, M.:4 4.. vh9.P•...••••, ..•,, . ,Ni ''.C: 'V‘,.... 6- i v • • 4, •'•• -.4* '1 ORDINANCE NO.2017-3898 Page 7 of 8 EXHIBIT "B" so„, wo,o,g a6ago,3 E 1 i g .Y. IN311'dO13A30 X1383 A3NXOI ai f r if, 4'!r ciVIN JNINUZ—Jd , 1t}F3 i. l ifIl , . g 6t . ` �s1 V j' \, '�� moi._ i ti i ill \-;`;',,,,[2 ,, S.Y,.kO ) ''£ t S i^,'. E; ',, N .o3 i,1 ,\'',',';"\-,4! 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