HomeMy WebLinkAbout2017-3966 - Ordinance - 12/14/2017 ORDINANCE NO.2017-3966 Page 1 of 9
ORDINANCE NO. 2017-3966
AN ORDINANCE AMENDING APPENDIX A "UNIFIED DEVELOPMENT
ORDINANCE," ARTICLE 4 "ZONING DISTRICTS," 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 APPROXIMATELY 11 ACRES AT 8822 BURGESS LANE, NEAR THE
INTERSECTION OF STATE HIGHWAY 47 AND RAYMOND STOTZER PARKWAY;
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 Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts,"
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", Exhibit "B", Exhibit"C" and
Exhibit"D" attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances is
held invalid or unconstitutional, the invalidity or unconstitutionality does not affect
other provisions or application of this Ordinance or the Code of Ordinances of the City
of College Station, Texas, that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision or
agency, business trust, estate, trust, partnership, association and any other legal entity
violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more
than two thousand dollars($2,000)for a violation of fire safety,zoning,or public health
and sanitation ordinances, other than the dumping of refuse. Each day such violation
shall continue or be permitted to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date
of passage by the City Council, as provided by City of College Station Charter Section
35.
Ordinance Form 8-14-17
ORDINANCE NO.2017-3966 Page 2 of 8
PASSED,ADOPTED, and APPROVED this 14th day of December,2017.
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City S creta/ a i r
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City Att i rn•y
ORDINANCE NO.2017-3 966 Page 3 of 9
Exhibit A
That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 4.2,
"Official Zoning Map"of the Code of Ordinances of the City of College Station, Texas, is hereby
amended to read as follows:
The following property is rezoned from PDD Planned Development District and R Rural to PDD
Planned Development District:
METES AND BOUNDS DESCRIPTION
OF A
8.076 ACRE TRACT
JOHN IL JONES SURVEY,A-26
COLLEGE STATION,BRAZOS COUNTY,TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYLNG AND BEING
SITUATED IN THE JOHN IL JONES SURVEY,ABSTRACT NO.26,COLLEGE STATION,BRAZOS COUNTY,
TEXAS. SAID TRACT BEING ALL OF A CALLED 2,(30 ACRE TRACT OF IAND AS DESCRIBED AS TRACT
ONE BY A DEED TO WP 47 DEVELOPMENT,LTD.RECORDED LN VOLUME 4561,PAGE 39 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,ALL OF A CALLED 0.47 ACRETRACT(20,614 SQUARE
FEET)OF LAND AS DESCRIBED BY A DEED TO WP 47 DEVELOPMENT,LTD_RECORDED IN VOLUME
6437, PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND ALL OF A
CALLED 5.591 ACRE TRACT AS DESCRIBED BY A DEED TO M-MC-J PARINERSHIF RECORDED IN
VOLUME 11423,PAGE 248 OF THE OFFICIAL FIJBLIC RECORDS OF BRAZOS COUNTY,TEXAS,
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE REMAINS OF A FENCE CORNER POST FOUND ON THE NORTHEAST LINE OF
BURGESS LANE MARKING THE SOUTH CORNER OF A CALLED 3.00 ACRE TRACT OF LAND AS
DESCRIBED AS TRACT TWO BY SAID DEED 4.16139 -AND THE WEST CORNER OF THE REMAINDER OF
A CALLED 2.00 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JIM WELCH,JR.AND WIFE,SYLVIA
WELCH RECORDED IN VOLUME 289,PAGE 35 OF THE DFTO)RECORDS OF BRAZOS COUNTY,TEXAS.
FOR REFERENCE,luE REMAINS OF A FENCE CORNER POST FOUNT) BEARS:N 42' 46' 45"E FOR A
DISTANCE OF 362.25 FEET.COORDINATES AND BEARING S.YS I EM SHOWN HEREIN ARE NAD53(TEXAS
STATE PLANE CENTRAL ZONE GRID NORTH)BASED ON THE PUBLISHED COORDINATES OF THE CM.'
OF COT T FGE STATION CONTROL MONUMENT CS94-164 IN:10207269_05, E3541253.11) AND AS
ESTABLISHED BY GPS OBSERVATION;
THENCE: N 47 34 13"W ALONG THE SOUTHWEST LINE OF SAID 3.00 ACRE TRACT FOR A DISTANCE
OF 357.56 FEET TO A!.";INCH IRON ROD WITH PLASTIC CAP MARKED KERR 4502 SEI ON THE SOUTH
LINE OF THE REMAINDER OF A CALLED 324.83 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO
BRYAN COMMERCE AND DEVELOPMENT,INC_RECORDED IN VOLUME 4023,PAGE 91 OF TIE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS.SAID EON ROD SET MARKING THE WEST CORNER OF
SAID 3.00 ACRE TRACT.FOR REFERENCE,A 5.,'S INCH EON ROD WITH CAP MARKED'JONES&.CARTER
CORNER`FOUND MARKING THE NORTH CORNER OF SAID 3.00 ACRE TRACT BEARS:N 42'55'33"B FOR
A DISTANCE OF 396.45 FEET;
THENCE: S 55'33'W ALONG THE SOUTH LINE.OF SAID REMAINDER OF 324.83 ACRE TRACT FOR A
DISTANCE OF 4000 FEE i TO AN'X' SET IN A CONCRETE TRANSFORMER FAD MARKING THE NORTH
CORNER OF SAID 2.00 ACRE TRACT (456119) AND THE F BEGINNING OF THIS HEREIN
DESCRIBED TRACT;
THENCE: S 47 34°13"B ALONG THE NORTHEW LINE OF SAID 2.00 ACRE TRACT(4561139)AND SAID
047 ACRE TRACT FORA DISTANCE OF 527 25 FEET TO A'A INCH IRON ROD WITH PLASTIC CAP MARKED
`KEF,R 4502'SET MARKING THE EAST CORNER OF SAID 0_47 ACRE TRACT AND THE NORTH CORNER OF
THE REMAINDER OF A CALLED 2.00 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO E.ARLEN
CROUCH AND WIFE, MARJORIE E. CROUCH RECORDED IN VOLUME 365, PAGE 249 OF THE DEED
RECORDS OF BRAZOS COUNTY,TEXAS
THENCE: S 42'2547'W ALONG THE SOUTHEAST LINT OF SAID 0.47 ACRE TRACT FOR A DISTANCE OF
20527 FEE i TO A INCH IRON ROD wrcHHASTiC CAP MARKED'KERI• 7,450T SET ON THE NORTHEAST
LINE OF SAID 5.591 ACRE TRACT MARKING THE SOUTH CORNER OF SAID 0.47 ACRE TRACT;
ORDINANCE NO.2017-3966 Page 4 of 9
THENCE: S 473V 39"E ALONCT THE COMMON LINE OF SAID 5391 ACRE TRACT AND SAID REMAINDER
OF 100 ACRE TRACT FOR A DISTANCE OF 28636 FEET TO A I INCH IRON ROD FOUND ON THE NORTH
LENT::OF STATE HIGHWAY NCI.47(VARIABLE WIDTH R.O.W.)MARKING THE EAST CORNER OF SAID
5391 ACRE TRACT:
THENCE: ALONG THE NORTH LINE OF STATE HIGHWAY NO,47 FOR THE FOLLOWING CALLS;
N 89"42'42"W FOR A DISTANCE OF 29022 FEET TO A CONCRETE RIGHT-OF-WAY MARKER
FOUND;
N 78'47 W FOR A DISTANCE OF 300,43 FEET TO A CONCRETE RIGHT-OF-WAY MARKER
FOUND;
•
N 703 34'37"W FOR A DISTANCE OF 117.00 FEET TO A CONCRETE RIGHT-OF-WAY MARKER
FOUND MARKING THE SOLT-I-FAST COMER OF A CALLED 215414 ACRE. TRACT AS
DESCRIBED BY A DEED TO CAMWEST TRADITIONS,LP RECORDED IN VOLUME 8555,PAGE
167 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS;
THENCE; N 46 44' 13'W ALONG THE CONMON LINE OF SAID$_591 ACRE.TRACT AND SAID 20_5424
ACRE TRACT FOR A DISTANCE OF 295.74 FEET TO A INCH IRON ROD FOUND MARKING THE WEST
CORNER OF SAID 5391 ACRE TRACT;
THENCE: N 45°50'18"E CONTINUING ALONG THE COMMON LINE OF SAID 5.591 ACRE TRACT AND
SAID 20.5424 ACRE TRACT FOR A DISTANCE OF 39434 It.CT TO A'h.INCH IRON ROD FOUND ON THE
SOUTHWEST LINE OF A CALLED 0.55 ACRE TRACT OF LAND AS DESCRIBM BY A DEED TO TILE CITY
OF BRYAN RECORDED IN VOLUME 11256.PAGE 87 OF TIE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY,TEXAS,MARK/NG TIE NORTH CORNER OF SAID 5.591 ACRE TRACT;
THENCE: S 46"06'34"E ALONG THE.COMMON LINE OF SAID 5.591 ACRE TRACT AND SAID 035 ACRE
TRACT FOR A DISTANCE OF 36.71 FEET TO AN 8 INCH TREATED FENCE CORNER POST FOUND MARKING
THE WEST CORNER OF SAID 100 ACRE TRACT(4561,G9)AND THE SOUTH CORNER OF SAID 0_55 ACRE
TRACT, SAID FENCE POST FOUND MARKING THE ORIGINAL SOUIHWEST CORNER OF SAID 324,83
ACRE TRACT;
THENCE: N 42"55'33"E ALONG THE NORTHWEST LINE OF SAID 2.00 ACRE TRACT(4561139)FOR A
DISTANCE OF 204,73 FEET TO THE POINT OF BEGINNING CONTAINING 8.076 ACRES OF LAND AS
SURVEYED ON THE GROIN]) MAY, 2017_ DISTANCES SHOWN HEREIN ARE GRID DISTANCES. TO
DETERMINE SURFACE DISTANCES MUC-ITPLY BY A COMBINED SCALE FACTOR OF I,00009537
(CALCULATED USING GEOID j2E1),
SF_
e
BRAD KERR
REGISTERED PROFESSIONAL ,
LAND SURVEYOR NO.4502
4.'74-2
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ORDINANCE NO.2017-3966 Page 5 of 9
NICFES AND BOUNDS DESCRIPTION
OFA
3.052 ACRE TRACT
JOHN IL JONES SURVEY,A-26
COLLEGE STATION,BRAZOS CO TT*:iTY,TEXAS
METES AND BOLTNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAST)LYING AND BE.Ece SITUATED IN INE
JOHN Fl JONES SURVEY,:1BSTRACT NO,?4,COI,IEGE STATION,BRAZOS COLNIY,TEXAS. SAE)TRACT BEING
ALL OF A CALLED 3,00 ACRE TRACT OF I.AND AS DESCRIBED AS TRACT Thr0 BY A DEED TO WP 47 DEVELOPNENT,
LTD.RECORDED IN VOLUME 456L,PAGE 39 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,
SAID TRACT BEING MORE PAR.Tiari...kRLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE REMAINS OF A FENCE CORNERPOST FOUND(N:1020/529.44,E:3539684.54)ON THE NORTHEAST
LINE OF 1311W5t:SS LANE MARKING THL-,.SCotH CORNER OF SAID 3.00 ACRE TRACT ND'THE WEST CORNER OF
TITE REMAINDER OF A.CALLED 100 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO TIM WELCH,JR AND
WIFE,:SYLVIA WELCH RECORDED['4 V OLU\'IE 2:39,PAGE 35 OF ThE DEED RECORDS OF BRAZOS COIINTY,
COORDINATES AND BEARING SYSTEM SHOWN HEREIN ARE NADS3(TEXAS STATE PLANE CENTRAL ZONE.GRID
NORTH)BASED ON THE PUBLISHED COORDINATES OF THE CITY OF COIl POE STATION CONTROL MONUMENT
C594-164( 0T2-6905.5:3541253.11)AND AS ESTABLISHED BY GPS OBSERVATION;
THENCE!N 47 34 13"W ALONG THE Sar111WEST LINE OF SAID 3_00 ACRE TRACT FORA oismic CB OF 357,56 -EET
TO A½INCH IRON ROD WITH PLASTIC CAP MARKED'KERR 45132'SET ON EHE SOUTH LINE OF THE REMAINDER
OF A CALLED 32413 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO BRYAN COMMERCE AND
DEVELOPMENT, INC_RECORDED LN VOLUME 4023.PAGE 91 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNT.4 TEXAS_SAM IRON ROD SET' RKING TFIE WEST CORNER OF SAID 3.00 ACRE.TRACT,FOR REFERENCE,
AN S INCH FENCE.CORNER POST FOUND MARKING THE SOUTH CORNER OP SAID REMAINDER OF 311.83 ACRE
TRACT BEARS:S 4r 55'33"W FOR A DISTANCE OF 244.73 FEET;
THENCE,: N 4r 55'33"E.ALONG THE CO:W.10N LINE OP SAID 3.00 ACRE TRACT AND SAID REMAINDER OF 324.33
ACRE TRACT FOR A DISTANCE OF 396.45 FEET TO A 58 INCH IRON ROD WITH CAP MARKED'JONES&CARTER
CORNER'FOUND NIAL(ENG THE NORTH CORNER OF SAE)3.00 ACRE TRACT.FOR REFERENCE,A 6 INCH FENCE
CORNER POST FOUND BEARS:S 15 14'35"W FOR A DISTANCE OF 2.37 FEET;
flik.NCE1 S 32"50'0 E CONTINUING ALONG SAID COMMON LINT FORA DISTANCE OF 9 L56 FEET TO A 30 INCH
POST OAK TREE FOUND IN THE EXISTING FENCE LINE;
THENCT: S 45'26'52"5 CONTINUING ALONG SAID COMMON LINE FOR A DISTANCE OF 267.98 FEET FDA 112 INCH
IRON ROD WITH PLASTIC CAP MARKED'IMR 4502'SET IvIARG TIE EAST CORNER OF SAID 3.00 ACRE TRACT
,AND THE:NORTH CORNER OF SAID REMAINDER OF no ACRE TRACT.FOR REFERaKE,A518 INCH IRON RIM)WITH
CAP MARKED'JONES&CARTER CORNER'FOUND MARKING A SOUTHEAST CORNER OF SAID REM/UNDER OF
324.83 ACRE TRACT BEARS;S 45'26'52"5 FOR A DISTANCE OF 279_40 FEET;
THENCE; S 4r46'47"W ALONG THE COMMON LINE OF SAID 3.00 ACRE TRACT SAID 2.00 ACRE TRACT,AT
053 FEET PASS THE REMAINS OF A FENCE CORNER POST FOUND,CON=ON FOR A TOTAL DISTANCE OF 363.23
FEErro THE ROM OI BEGINNITS_CA CONTAFNTNG 3.052 ACRES OF LAND AS SURVEYED. ON THE GROUND MAY,
2017. DISTANCES SHOWN HEREIN ARE GRID DISTANCES.TO DETEILMLNE SURFACE.DISTANCES MULTIPLY HY A
COMBINED SCALE FACTOR OF I.0009537(CALCULATED USING GEOID 12B).
...G.
BRAD KERR
(4,
REOISIERED PROFESSIONAL
a...ma..*944 04,,aisalitt*.
LAND SURVEYOR NO.4502 •c•c BiR.zio KERR
9.....44t**.olvagam4.4k4
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ORDINANCE NO.2017-3966 Page 6 of 9
EXHIBIT B
The proposed PDD Planned Development District zoning uses a base zoning district of GC
General Commercial.
The land uses permitted for the property are limited to the following:
Peiiiiitted Uses:
• All uses allowed in BP Business Park
• Educational Facility, College and University
• Educational Facility, Indoor Instruction
• Dry Cleaners and Laundry
• Health Club/Sports Facility, Indoor
• Health Club/Sports Facility, Outdoor
• Personal Service Shops
• Theater
• Hotels
• Night Club, Bar or Tavern with Conditional Use Permit (CUP)
• Restaurants
• Day Care, commercial
• Retail Sales and Service—maximum building size limited to 15,000 square feet
• Multi-family
• Extended Care/Facility/Convalescence/Nursing Home
• Mixed Use Structures
• Parking as a primary use—pettuitted only for the land east of the public way/public street
from SH 47 to Burgess Lane
The following additional conditions apply:
1. Multi-family density shall be limited to a minimum of 12 units per acre and a maximum
of 30 units per acre.
2. Multi-family shall not be permitted in that portion of the property located within the
current and future Day-Night Sound Level (DNL) contour as described in the attached.
Page 7 of 9
ORDINANCE NO.2017-3966
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Ordinance Form 8-14-17
ORDINANCE NO.2017-3966 Page 8 of 9
Exhibit C—Concept Plan
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Ordinance Form 8-14-17
ORDINANCE NO.2017-3966 Page 9 of 9
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