HomeMy WebLinkAbout2017-3904 - Ordinance - 07/27/2017 ORDINANCE NO. 2017-3904
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 P-MUD PLANNED MIXED USE DISTRICT WITH OV CORRIDOR
OVERLAY, GS GENERAL SUBURBAN AND 0 OFFICE TO GC GENERAL COMMERCIAL
WITH OV CORRIDOR OVERLAY, MF MULTI-FAMILY AND NAP NATRUAL AREAS
PROTECTED FOR APPROXIMATELY 27.868 ACRES LOCATED AT 2338 HARVEY
MITCHELL PARKWAY SOUTH, GENERALLY LOCATED WEST OF EARL RUDDER
FREEWAY SOUTH ALONG HARVEY MITCHELL PARKWAY SOUTH; 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" from P-MUD Planned Mixed Use District with OV Corridor Overlay,
GS General Suburban and 0 Office to GC General Commercial with OV Corridor
Overlay, MF Multi-Family and NAP Natural Areas Protected for approximately 27.868
acres of land located at 2338 Harvey Mitchell Parkway South, generally located west of
Earl Rudder Freeway South Along Harvey Mitchell Parkway South; 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.
ORDINANCE NO. 2017-3904 Page 2 of 12
PASSED, ADOPTED and APPROVED this 27th day of July, 2017
ATTEST: APPROVED:
0,),-01')/kc-QA1, A gli A 0 IN i 2 a I.,_
City Secretar May.•r
APPROVED
deiAl
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City Ato/ ey w
ORDINANCE NO.2017-3904 Page 3 of 12
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 P-MUD Planned Mixed Use District with OV Corridor
Overlay, GS General Suburban and 0 Office to GC General Commercial with OV Corridor Overlay,
MF Multi-Family, and NAP Natural Areas Protected:
ORDINANCE NO. 2017-3904 Page 4 of 12
FIELD NOTES
PROPOSED GENERAL COMMERCIAL ZONING
8.56 ACMS
Being all that certain tract or parcel of land lying and being Situated in the MORGAN RECTOR
LEAG1JE, Abstract No. 46 in College Station, Brazos County,Texas and being a part of the 12.489 acre
tract described in the deed from Ruth. Maria Porter Bertrand, alkla Ruth M. Bertrand, a single woman,
and as trustee of the Clint Albert Bertrand and Ruth Marie Porter Bertrand Revocable Living Trust to
CIX Laid Investments, LLC recorded in Volume 12863, Page 225 of the Official Records of Brazo
County, Texas(0,R.B.C.)and more particularly describe('by motes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod marking the north corner of the said 12.489 acre CTX Land
Investments, LI,C tract, the west corner of a called 1.22 acre City of College Station right-of-way tract.
described in Volume 1220, Page 690 (0.R.B.C.), the east corner of the called 2.29 acre Miles
Construction&Development tract recorded in Volume 12420,Page 255 (0.R.B,C.);
'11-1ENCE: S 59' 13 58" E along the southwest line of the called 1.22 acre City of College Station right-
of-way tract (now F.M. 2818 and commonly known as Harvey Mitchell Parkway South) tiff a distance
of 119.61 feet to a found concrete right-of-way monument marking the Point of Curvature of a curve to
the left;
THENCE: 233,45 feet continuing along the southwest right-of-way line of said Harvey Mitchell
Parkway South along the arc of said curve having a central angle of 10' 57' 09 , a radius of 1221.24
feet, a tangent of 117.08 feet and a long chord bearing S 640 42' 32" E at a distance of 233,09 feet to a
found 518-inch iron rod marking the northeast: corner of the said 12.489 acre CIX Land Investments,
LLC tract, said iron rod also marking, the north corner of a 60-foot wide Private Accms Easement
recorded in Volume 2048, Page 187 (O.R.B.C.), and the north corner of Lot 1, Block 1, CRYSTAL
PARK SUBDIVISION, PHASE ONE as recorded in Volume 2451,Page 63 (0.R.B.C.);
THENCE: along the west line of said Lot I,Block 1, CRYSTAL PARK SUBDIVISION, said line being
common with We westerly line of the before-mentioned 60-foot wide Private Access Easement for the
following two(2)calls:
1) S 18" 301 01" W for a distance of 97.15 feet to a found 518-inch iron rod marking the Point of
CUIVItittrt;ole curve to the left, and
2) :314,87 feet along the arc of said curve having a central angle of 41' 57' 19", a radius of 430.00
feet, a tangent of 164.87 feet and a long chord hearing S 020 28' 39" E at a distance of 307.88
feet for corner;
THENCE: through the interior of the said 12.489 acre CTX Land Investments, LLC tract for the
following four(4) calls:
1) 182.75 feet in a clockwise direction along the arc of a curve having a central angle of 13" 11'
41".a radius of 793.56 feet,a tangent 01'91.78 feet and a long chord bearing S 52° 25' 13" W at a
distance of 182,35 feet for corner,
2) S 56" i8'46" W for a distance of 118,73 feet for corner,
ORDINANCE NO.2017-3904 Page 5 of 12
3) 181.80 feet in a counter-clockwise direction along the arc of a curve having a central angle of
11" 10' 35", a radius of 931.99 feet, a tangent of 91.19 feet and a long chord bearing S 43' 561
56"W at a distance oil81.51 feet fOr corner, and
4) 93,91 feet in a clockwise direction along the zirc of a curve having a central.anile of 13'37' 19",
a radius of 395.02 feet, a tangent of 47.18 feet and a long chord hearing S 180 1W 55" W at a
distance of 93.69 feet for corner in the southwest line of the said 12,489 acre CTX Land
Investments,LLC tract and the northeast line of Lot 13, LAKE VIEW ACRES(128/300);
THENCE: N 45" 00' 01" W along the. southwest line of the said 12.489 acre CTX Land investments,
LLC tract and the northeast line of said Lot 13, LAKE,VIEW ACRES(I 28/300) for a distance of 120.60
feet for corner;
THENCE: through the interior of the said 12.489 acre (*.TX Land Investments, LLC tract for the
following two (2)calls:
1) 463.49 feet in a counter-clockwise direction along the arc of a curve having a central angle of
46' 11' 05", a radius of 575.00 feet, a tangent of 245,17 feet and a long chord bearing N 21°44'
IT W at a distance of'451.05 feet for corner;
2) N 44' OW 55" W for a distance of 84.81 feet for comer in the northwest line of the said 12.489
acre CTX Land Investments, LLC tract and the southeast line of the called 6.99 acre Texas
Timberiack, Inc.tract recorded in Volume, 9898, Page 275 (O.R.B.C.);
THENCE: N 46° 37' 03" E along the northwest line of the said 12.489 acre CTX Lund Investments,
LLC tract and southeast line of the called 6.99 acre Texas Timberiark, Inc. tract cur a distance of 345.13
feet to a found 1/2-inch iron rod marking the east corner of called 6,99 acre tract and the south corner of
the before-mentioned 2,29 acre Miles Construction& Development tract(12420/255);
THENCE: N 46° 39° 24" E continuing along the northwest line of the said 12.489 acre CIX Land
Investments, LLC tract and along the southeast line of the called 2.29 acre Miles Construction Sc.
Development tract fur a distance of 225.02 feet to the POINT OF BEGINNING and containing 8.56
acres of land, more or Jess.
The record bearings and the monuments found are consistent with the deed recorded in Volume 12863,
Page 225, Official Records of Brazos County, Texas and was used as the BASIS OF BEARINGS for
this description.
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 my supervision in April,2015,
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ORDINANCE NO. 2017-3904 Page 6 of 12
FIELD NOTES
PROPOSED MULTI-FAMILY ZONING
16.90 ACRES
Being all that certain tract or parcel of land lying and being situated in the MORGAN RECIOR
LEAGUE, Abstract No. 46 in College. Station, Brazos County, Texas and being all of lot 12, LAKE
VIEW ACRES as recorded in Volume 128, Page 300 of the Brazos County Deed Records (B,C,D.R.,),
all of Lots 11 A and I 1B, plus part of Lot 6A according to the Vacating and Resubdivsion Plat of Lots 6-
11, LAKE'VIEW ACRES recorded in Volume 507; Page 253 (B.C.D.R.)and part of Lot 5B, plus all of
Lot 5C according to the Vacating and Resubdivsion Plat of Lot 5, LAKE VIEW ACRES recorded in
Volume 448, Page 607 (B,C,D.R,); same being alt of the 15,379 acre Tract One and a portion of the
12.489 acre Tract Two conveyed to CIX Lund investments, LLC recorded in Volume 12863, Page 225
of the Official Records of Brazos County, Texas (0.R.B.C,) and more particularly described by metes
and bounds as follows:
BEGINNING: at a found I/2-inch iron rod marking the south corner of the said 15.379 acre CIX Land
Investments, LLC tract,same being the south comer of said Lot 11A, LAKE VIEW ACRES (501253),
said iron rod also marking the cast corner of Lot 10A I according to the.Vacating and Resubdivision Plat
of Lots 10A1 and 10A2, LAKE VIEW ACRES recorded in Volume 3697, Page 191 (0.R.B.C.) and
being in the northwest right-of-way line of Morgan's Lane (based on a 50-foot width as recorded in
Volume 128, Page 300 [13,C,D.R1);
THENCE: N 45' 00' 10" W along the common line of said. Lots 10A1, LAKE VIEW ACRES
(3697/191) and I 1A, LAKE VIEW ACRES (507/2.53) for a distance of 264.18 feet to a found 1/2-inch
iron rod marking the north corner of said Lot I OA I, LAKE VIEW ACRES (3697/191) and the east
corner of Lot 9A, LAKE VIEW ACRES(5071253);
THENCE: N 44° 5544' W along the common line of said Lots 10AI and 11A (507/253) for a distance
of 265,49 feet to a 1/2-inch iron rod set for the north corner of said Lot 9, LAKE VIEW ACRES
(507/253), the west corner of said Lot 11A. LAKE VIEW ACRES (507/253) and being in the southwest
line offot 7A, LAKE VIEW ACRES (507/253);
THENCE: N 46' 21' 00"B along the common line of said I,ot 11A, LAKE VIEW ACRES (507/253)
and Lot 7A, LAKE VIEW ACRES (507/253) for a distance of 192.55 feet to a found 1/2-inch iron rod
for the common corner of Lots 11B, 11A, 7A, and 6A, LAKE VIEW ACRES (5071253);
TIIENCE1 along the common line of said Lots 6A and 7A fOr the following two(2)calls:
1) N 44°43'49" W for a distance of 332.02 feet to a 112-inch iron rod found for an angle point,and
2) N 46"33' 06" W for a distance of 68.77 feet to a 1.12-inch iron rod found marking the east corner
of Lot 613,LAKE VIEW ACRES (5071253);
THENCE: N 44' 51' 00" W along the common line of said Lots 6A and 6B, LAKE VIEW ACRES
(507/253) for a distance of 156,55 feet to a found 112-inch iron rod marking the northwest corner of the
said 15,379 acre CTX Land Investments, 1.LC tract, said iron rod also being in the southeast line of a
4,750 square foot City of College Station tract recorded in Volume 794, Page 494 (0.R.B.C.);
ORDINANCE NO. 2017-3904 Page 7 of 12
THENCE: N 46 39' 11" E along the southeast line of the said 4,750 square foot of City of College.
Station tract(794/494) for a distance cif 195,66 feet to a found 112-inch iron rod marking the cast corner
of the said 4,750 square foot City of College Station tract (794/494) and the south corner of the 2,891
square foot City of College Station tract recorded in Volume 795, Page 445 (0.R,B.C.), said iron rod
also being in the cornmon line of said Lot 6A, LAKE VIEW ACRES (507/253) and the before-said Lot
5, LAKE VIEW ACRES (1281300);
THENCE: S 44" 25'41" E along the common line of said Lot 6A,LAKE VIEW ACRES (507/253) and
Lot 5, LAKE VIEW ACRES (128/300) for a distance of 214.15 feet to a found 1/2-inch iron rod
marking the west corner of Lot 5C, LAKE VIEW ACRES (448/607);
THENCE: N 46° 33' 07" L along the northwest line of said Lot SC, LAKE VIEW ACRES (443/607) for
-i distance of 190,35 feet to o 1/2-inch iron rod found marking the south corner of Lot 5B, LAKE VIEW
ACRES (148/607);
THENCE: N 44° 48' 45" W (called N 44° 52 15" W) along the southwest line of said Lot 5n, LAKE
VIEW ACRES (448/607) tsar a distance of 213,85 feet Lu a 112-inch iron rod set for the common most
southerly corner of the 2,891 square foot City of College Station tract recorded in Volume 795, Page
445 and the 1,642 square foot City of College Station tract recorded in Volume 794, Page 494
(ORB.C.);
THENCE: N 460 39' 11" E along the southe.asterty line of the said 1,642 square feet City of College
Station tract (794/494) for a distance of 21.51 feet to a found TxDOT concrete monument marking the
Point of Curvature of a curve to the right;
THENCE; 87.49 feet along the are of said curve in the southeasterly line of the 116 square feet City of
College Station tract recorded in Volume 1222, Page 712 (0.R,B.C.), said curve having a central angle
of 05" 13' 18", a radius of 960.00 feet, a tangent of 43.78 feet and a long chord bearing N 490 15' 50" E
at a distance of 87.46 feet to a found 1/2-ineh iron rod marking the most northerly corner of said 15.379
acre CTX land Investments,LLC tract, said iron rod also being in the common line of Lot 5A and Lot
513, LA107. VIEW ACRES (488/607);
THENCE: S 44' 57' 48" E along said common lino for a distance of 209.72 feet to a 1/2-inch iron rod
found marking the common roost southerly corner of said Lots 5A and 513, LAKE VIEW ACRES
(4881607);
THENCE: N 460 33' 07" E along the southeast line of said Lot 5A, LAKE VIEW ACRES (438/607);
said line also being common with the northwest line of Lot 5C, LAKE VIEW ACRES (488/607) for a
distance of 83,00 feet to a found 1/2-inch iron rod marking the northeast corner of the said 15.379 acre
CTX
Load Investments, LLC tract, the north corner of said Lot 5C, LAKE. VIEW ACRES (488/607)
and being in the southwest line of the called 6.99 awe Texas Tintberjack, inc.. tract recorded in Volume
9898, Page 275 (0,R.B.C.);
TI1ENCE: S 45° 00' 00" E.along the northeast line of the said Lot SC, LAKE VIEW ACRES (448/607)
and the southwest lino of the called 6.99 acre Texas Timbeijack, Inc. tract (9898/275) fin. a distance of
Page 2
ORDINANCE NO.2017-3904 Page 8 of 12
339.66 feet to a found 112-inch iron rod marking the cast corner of said Lot SC, LAKE VIEW ACRES
(448/607)and the north corner of the before-said Lot 12, LAKE VIEW ACHES(128/300);
THENCE: S 44° 52' 12" 1' along tie.. northeast line of said Tot 12, I,AKE VIEW ACRES (128/1300) and
the southwest line of the called 6,99 acre Texas Timbeijack, Inc. tract (98981275) for a distance of
225.33 feet to a found 1/2-inch iron rod marking the east corner of the said 12.489 acre CTX Land
Investments, LLC Inlet and the south corner of the called 6.99 acre Texas Timberjack, Inc. tract
(9898/275);
THENCE: N 4f.i'' 37' 08" E along the northwest line of the said 12.489 acre. CIX Land Investments,
LLC tract and the southeast line of the called 6_99 acre Texas Timbeajack, Inc. tract for a distance of
178,77 feet for corner;
TIIENC',E: through the interior of the said 12,48'4 acre CTX Land Invc.stments, LL(: uact for the
following two(2)calls:
I) S 41°08 55" E for a distance of 84.81 feet for the Point of Curvature of a curve to the right, and
2) 463,49 feet along the are of said curve having a central angle of 46" 11' 05", a radius of 575.00
feet, a tangent of 245.17 feet and a long chord bearing S 21' 44' 17" Eat a distance of 451.05
feet for corner in the southwest line of the said 12.489 acre CTX Laud Investments, LLC tract
and the northeast line of Lot 13, LAKE VIEW ACRES (128/300);
THENCE: N 45° 00' 01' W along the southwest line of the said 12.489 acre CTX Land Investments,
LLC Imet and the northeast line of said Lot 13, LAKE VIEW ACRES (128/300)for a distance of 195.00
feet to a /build fa-inch iron rod marking the east corner of the said 15379 acre CTX Land Investments,
I.1 C, the east corner of said Jot 12, said iron rod aim' marking the.north comer of'the before-mentioned
Morgan's Lane(not constructed in this area);
'ITIENCE: S 46'38' 18" W along the northwest line of said Morgan's Lane for a distance of 768.00 feet
to the POINT OF BEGINNING and containing 16,90 acres of hind,more or less.
The record beatinRs and the monuments found are consistent with the deed recorded in Volume 12863,
Page 225, Official Records of Brazos County, Texas and was used as the BASIS OF BEARINGS for
this description,
1, 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 agn3e-s with a survey made on thc ground under m' superv°sion in Apiik.2015,
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Page:3
ORDINANCE NO. 2017-3904 Page 9 of 12
FIELD NOTES
PROPOSED NATURAL AREAS PRO!ECTED ZONING
2.40 ACRES
Being all that certairt tract or parcel of land lying and being situated in the MORGAN RECTOR
LEAGUE,Abstract No. 46 in College Station, Brazos County, Texas and being,a part of the 12.489 acre
tract described in the deed from Ruth Maria Porter Bertrand, alk-/a Ruth M. Bertrand, a single woman,
and as trustee of the Clint Albert Bertrand and Ruth Marie Porter I3ertrand Revocable Living Trust to
CTX Lorid Investments, LI.0 recorded in Volume 12863, Page 225 of the Official Records of Brazos
County,Texas(0,R.H.C.)and more particularly dcserihed by metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod marking the south corner of the said 12.489 acre CTX Land
Investments, LLC tract, the cast corner of Lot 13, LAKE VIEW ACRES as recorded in Volume 128,
Page 300 of'the Brazos County Deed Records (B.C.D,R,',) and being in the northwest line of the coiled
23.21 acre doe C. Fazyino tract recorded in Volume 455,Page 507 (Ii.C.D.R.);
THENCE: N 45' 00' 01" W along the southwest line, of the said 12.489 acre CIX Land Investments,
LLC tract and the northeast line of said Lot 13, LAKE VIEW ACRES (128/300)for a distance of 164.72
feet for corner;
THENCE: through the interior of the said 12.489 acre C'I'X Land Investments, LLC tract for the
following four(4)calls:
1) 93.91 feet in a counter-clockwise direction along the arc of a curve having a central angle of 13'
37' 19', a radius of 395,02 feet, a tangent of 47.18 feet and a long chord bearing N 18° 18' 55" E
at a distance of 93.69 feet for corner,
2) 181,80 feet in a clockwise direction along the arc of a curve having a central angle of 1110'
35", a radius of 931.99 feet, a tangent of 91.19 feet anda tong chord bearing N 43' 56' 56" E at a
distance of 181.51 feet fore corner,
3) N 56' 38' 46"E for a distance of 118,73 feet for corner,and
4) 182.75 feet in a counter-clockwise direction along the are. of a curve having a central angle of
13' II' 41", a radius of 793.56 feet, a tangent of 91.78 Feet and a long chord bearing N 52° 25'
13" F. at a distance of 182.35 feet for corner in the west line of a 60-foot wide Private Access
Easement recorded. in Volume 2048, Page 187 (0.R.B.C.), same, being the west line of Lot 1,
Black 1, CRYSTAL PARK SUBDIVISION, PHASE ONE as recorded in Volume 2451,Page 63
THENCE: along the west line of said Lot 1, Block 1, CRYSTAL PARK SUBDIVISION(2451/63),said
line being common with the westerly line of the before-mentioned, 60-foot wide Private Access
Easement(2048/187)for the following two(2)calls:
1) 1 6 .57 feet in a counter-clockwise direction along the arc of a curvehaving a central angle of
22c 03' 43", a radius of 430.00 feet, a tangent of 83.82 feet and a long chord hearing S 34'' 29'
10"B at a distance of 164.55 feet for corner,and
2) S 45' 31' 01" E for a distance of 1,57 feet to a found 8-inch diameter treated fence post for the
Southeast corner of this tract and the south corner of said Lot 1, CRYSTAL PARK,
Page 1
ORDINANCE NO. 2017-3904 Page 10 of 12
St11-11)1V IS ION, said post also being in the northwest line of The called 7.1615 acre Crystal Park
Plaza,l.I.0 and RGA Real Estate Holdings, LLC tract recorded in 11788, Page 93 (O.R.I1.C.);
THENCE: S 45' 05' 15" W along the northwest west line of the called 7.1615 acre Crystal Park Plaza,
LLC and RGA Real Estate.Holdings, LLC tract for a distance of 195,91 feet to a found 1.12-inch iron rod
marking the west corner of the called 7.1615 acre tract and the north corner of the called 1.92 acre James
1-1. Woods irnei recorded in Volume 11935,Page 207 (0.R.B.C.);
THENCE: S 45°04' 36" W along the northwest line orthe called 1,92 acre Woods tract(11935/207)and
the called 23,21 acre Joe C. Fazzino tract (455/507) for a distance of 336,38 feet to the POINT OF
BEGINNING and containing 2.400 acres of land, more or less.
The record hearings and the monuments found are consistent with the deed recorded in Volume 12863,
Page 225, Official Records of Brazos County, Texas and was used as the BASIS OF BEARINGS for
this description.
1, 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
km l.10 and correct and ttgrecs with a survey made:on the ground under my supervision in April,21)15.
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ORDINANCE NO.2017-3904 Page 11 of 12
EXHIBIT "B"
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ORDINANCE NO.2017-3904 Page 12 of 12
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