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HomeMy WebLinkAbout2019-4104 - Ordinance - 06/27/2019ORDINANCE NO. 4104 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 FROM E ESTATE TO SC SUBURBAN COMMERCIAL AFFECTING APPROXIMATELY 1.3 ACRES, GENERALLY LOCATED SOUTH WEST OF THE INTERSECTION OF GREENS PRAIRIE ROAD WEST AND WHITE’S CREEK LANE; 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,” and Exhibit “C,” 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 NO. 2019-4104 Page 2 of 5 PASSED, ADOPTED, and APPROVED this 27th day of June, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2019-4104 Page 3 of 5 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 as follows: That the following property is hereby rezoned from E Estate to SC Suburban Commercial: FIELD NOTES OF A 1.3024 ACRE TRACT BEING A PORTION OF 4.84 ACRES OUT OF THE AUGUST BABILLE SURVEY, A-75 CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS Being all of that certain lot, tract or parcel of land containing 1.3024 acres, being out of the August Babille Survey, A-75, in the City of College Station, Brazos County, Texas, and being a potion of a 4.84 acre tract of land described in a deed to BK Homes Development, Inc., recorded in Volume 13729 Page 190, as also described in a deed to Jason and Jamie Storm, recorded in Volume 10460 Page 41, of the Official Records of Brazos County, Texas. Said 4.84 acre tract being a combination of two tracts and a save and except tract out of an unrecorded addition along Whites Creek Road, being out of a 29.476 acre tract of land described in a deed to Lonnie Stabler recorded in Volume 340 Page 511. The three tracts consist of: Tract One being a 1.24 acre tract; T ract Two being a 3.811 acre tract; and the Save and Except being a 0.205 acre tract of right of way expansion of Greens Prairie Road West, a city road. Said 1.3024 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2” iron rod found at a point along the southeast right of way line of Greens Prairie Road West, and being the northwest corner of the said BK Homes 4.84 acre tract. Point also being the north corner of a 368.57 acre tract of land described in a deed to OGC CNO JV, LLC recorded in Volume 13744 Page 240. Point being the west corner of the herein described 1.3024 acre tract. THENCE along the southeast right of way line of Greens Prairie Road West and the northwest line of the BK Homes 4.84 acre tract, and being the common line between the said Save and Except expansion and the said 4.84 acre tract, two calls: 1) N 45º50’45” E, a distance of 143.95 feet to a 1/2” iron rod set. 2) N 53º11’51” E, a distance of 211.18 feet to a 1/2” iron rod set at the north cor ner of the herein described 1.3024 acre tract. THENCE departing the southeast right of way line of Greens Prairie Road West, across the BK Homes 4.84 acre tract, S 20º27’29” E, a distance of 140.94 feet to a 1/2" iron rod set at the beginning of a curve to the left, having a Radius of 100.23 feet, Delta of 14004’56”, and an Arc Length of 245.05 feet. THENCE along the said curve a Chord Bearing of S 1951’27” W, a distance of 188.42 feet, to a 1/2" iron rod set. THENCE S 44º46’11” W, a distance of 122.88 feet to a 1/2” iron rod set at a point along the northeast line of the OGC CNO JV, LLC 368.57 acre tract. Point being the west line of the BK Homes 4.84 acre tract and the south corner of the herein described 1.3024 acre tract. THENCE along the common line between the OGC CNO JV, LLC 368.57 acre tract, and the BK Homes 4.84 acre tract, N 45º13’48” W, a distance of 241.00 feet to THE POINT OF BEGINNING and containing 1.3024 acres of land according to a survey performed on the ground under the supervision of P aul Williams Registered Professional Land Surveyor No. 5743, on November 18, 2017. ORDINANCE NO. 2019-4104 Page 4 of 5 Exhibit B ORDINANCE NO. 2019-4104 Page 5 of 5 Exhibit D