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HomeMy WebLinkAbout2020-4216 - Ordinance - 10/08/2020ORDINANCE NO. 2020-4216 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 10 ACRES OF LAND LOCATED AT 4111 STATE HIGHWAY 6 SOUTH FROM C-3 LIGHT COMMERCIAL AND R RURAL TO GC GENERAL COMMERCIAL; 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” and Exhibit “B” 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. 2020-4216 Page 2 of 7 PASSED, ADOPTED, and APPROVED this 8th day of October, 2020. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2020-4216 Page 3 of 7 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: The following property is rezoned from C-3 Light Commercial and R Rural to GC General Commercial: METES AND BOUNDS DESCRIPTION OF A 10.467 ACRE TRACT ROBERT STEVENSON LEAGUE, A-54 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.467 ACRE TRACT OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 2, COOPER'S SUBDIVISION AS SHOWN ON THE PLAT RECORDED IN VOLUME 4708, PAGE 230 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (O.P.R.B.C.T.) AND A PORTION OF THE REMAINDER OF A CALLED 71.52 ACRE TRACT OF LAND AS DESCRIBED AS TRACT TWO IN A DEED TO M.D. WHEELER, LTD. RECORDED IN VOLUME 3007, PAGE 341 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID 10.467 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY.1METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND (Y:10195859.74, X:3573666.14) ON THE NORTHEAST LINE OF LOT 1 OF SAID COOPER'S SUBDIVISION MARKING THE SOUTH CORNER OF SAID REMAINDER OF 71.52 ACRE TRACT, THE WEST CORNER OF A CALLED 46.60 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO THE CITY OF COLLEGE STATION, TEXAS RECORDED IN VOLUME 3310, PAGE 321 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, THE NORTH CORNER OF A CALLED 1.503 ACRE PORTION OF SAID LOT 1 AS DESCRIBED IN A DEED TO 4101 COLLEGE STATION, LLC RECORDED IN VOLUME 9955, PAGE 182 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS AND THE EAST CORNER OF A CALLED 1.00 ACRE PORTION OF SAID LOT 1AS DESCRIBED IN A DEED TO THE CITY OF COLLEGE STATION, TEXAS RECORDED IN VOLUME 5286, PAGE 253 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (COORDINATES AND BEARING SYSTEM SHOWN HEREIN ARE NAD83 (TEXAS STATE PLANE CENTRAL ZONE GRID NORTH) BASED ON THE PUBLISHED COORDINATES OF THE CITY OF COLLEGE STATION CONTROL MONUMENT CS94-130 (Y:10200590.80, X:3569863.02) AND AS ESTABLISHED BY GPS OBSERVATION, DISTANCES SHOWN HEREIN ARE GRID DISTANCES UNLESS OTHERWISE NOTED, AREAS DESCRIBED HEREIN AS MEASURED ARE CALCULATED FROM GRID DISTANCES, TO DETERMINE SURFACE DISTANCES, NOT SURFACE AREAS, MULTIPLY BY A COMBINED SCALE FACTOR OF 1.0001012177 [CALCULATED USING GEOID12B]); ORDINANCE NO. 2020-4216 Page 4 of 7 THENCE: N 47° 45' 42" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID REMAINDER OF 71.52 ACRE TRACT FOR A DISTANCE OF 139.69 FEET (DEED CALL: N 47° 42' 15" W - 139.61 FEET, 5286/8253 O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED 'H.P. MAYO RPLS 5045' FOUND MARKING THE COMMON CORNER OF SAID LOTS 1 AND 2 OF COOPER'S SUBDIVISION; THENCE: S 40°15' 18"W ALONG THE COMMON LINE OF SAID LOTS 1AND 2 FOR A DISTANCE OF 314.97 FEET (PLAT CALL: S 42° 22' 28" W - 315.21 FEET O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED 'H.P. MAYO RPLS 5045' FOUND ON THE NORTHEAST LINE OF STATE HIGHWAY 6 S. (R.O.W. WIDTH VARIES, 1249/593 O.P.R.B.C.T.) MARKING THE SOUTH CORNER OF SAID LOT 2 AND THE WEST CORNER OF SAID LOT 1, FOR REFERENCE A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED 'H.P. MAYO RPLS 5045' FOUND ON THE SOUTHWEST LINE OF SAID LOT 1 MARKING THE SOUTH CORNER OF SAID 1.00 ACRE TRACT BEARS: S 49° 23' 23" E A DISTANCE OF 137.77 FEET (DEED CALL: S 49° 25' 00" E -137.82 FEET, 5286/253 O.P.R.B.C.T.); THENCE: N 49° 25' 09" W ALONG THE SOUTHWEST LINE OF SAID LOT 2 AND THE NORTHEAST LINE OF STATE HIGHWAY 6 S. FOR A DISTANCE OF 350.66 FEET (PLAT CALL: N 47° 19' 43" W -350.63 FEET, 4708/230 O.P.R.B.C.T.) TO A 3/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 2 AND THE SOUTH CORNER OF LOT 1, BLOCK 1, HARLEY SUBDIVISION AS SHOWN ON THE PLAT RECORDED IN VOLUME 3961, PAGE 236 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE THE CITY OF COLLEGE STATION CONTROL MONUMENT CS94-131 BEARS: N 83° 35' 22" W A DISTANCE OF 562.33 FEET; THENCE: N 44° 06' 56" E ALONG THE COMMON LINE OF SAID COOPER'S SUBDIVISION AND SAID HARLEY SUBDIVISION FOR A DISTANCE OF 325.38 FEET (PLAT CALL: N 46° 13' 09" E - 325.68 FEET, 4708/230 O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED 'KERR 4502' FOUND ON THE SOUTHWEST LINE OF SAID REMAINDER OF 71.52 ACRE TRACT MARKING THE NORTH CORNER OF SAID LOT 2, THE EAST CORNER OF SAID HARLEY SUBDIVISION AND THE SOUTH CORNER OFA CALLED 2.77 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO HD-CS PROPERTIES, LLC RECORDED IN VOLUME 12046, PAGE 74 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 42° 14' 48"E ALONG THE COMMON LINE OF SAID 2.77 ACRE TRACT AND SAID REMAINDER OF 71.52 ACRE TRACT FOR A DISTANCE OF 174.99 FEET (DEED CALL: N 42° 17' 04" E - 175.00 FEET, 12046/74 O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED 'KERR 4502' FOUND MARKING THE EAST CORNER OF SAID 2.77 ACRE TRACT; THENCE: N 47° 43' 03" W CONTINUING ALONG SAID COMMON LINE FOR A DISTANCE OF 612.29 FEET (DEED CALL: N 47° 42' 56" W - 638.83 FEET, 12046/74 O.P.R.B.C.T.) TO A POINT ON THE SOUTH LINE OF THE 18.084 ACRE PARKLAND DEDICATION AS SHOWN ON THE PLAT OF M.D. WHEELER PHASE ONE RECORDED IN VOLUME 15386, PAGE 84 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED 'KERR 4502' FOUND MARKING THE NORTH CORNER OF SAID 2.77 ACRE TRACT BEARS: N 47° 43' 03" W A DISTANCE OF 26.35 FEET; THENCE: ALONG THE SOUTH LINE OF SAID PARKLAND DEDICATION FOR THE FOLLOWING CALLS: ORDINANCE NO. 2020-4216 Page 5 of 7 S 81° 13' 38" E FOR A DISTANCE OF 105.49 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); N 80° 11' 56" E FOR A DISTANCE OF 157.60 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); N 82° 06' 33" E FOR A DISTANCE OF 87.70 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); S 76° 44' 12" E FOR A DISTANCE OF 51.39 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); S 59° 49' 45" E FOR A DISTANCE OF 33.37 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); S 41° 39' 51" E FOR A DISTANCE OF 118.58 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); S 57° 44' 19" E FOR A DISTANCE OF 78.46 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); S 48° 38' 22" E FOR A DISTANCE OF 68.66 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.); S 54° 29' 31" E FOR A DISTANCE OF 54.80 FEET (PLAT CALL AND MEASURED, 15386/84 O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED 'KERR 4502' SET MARKING THE SOUTHEAST CORNER OF SAID PARKLAND DEDICATION;THENCE: LEAVING SAID PARKLAND DEDICATION AND TIIROUGH SAID REMAINDER OF 71.52 ACRE TRACT FOR THE FOLLOWING CALLS: S 51° 49' 03" E FOR A DISTANCE OF 72.41 FEET; S 44° 46' 33" E FOR A DISTANCE OF 60.94 FEET; S 31° 49' 47" E FOR A DISTANCE OF 125.79 FEET; S 77° 56' 30" E FOR A DISTANCE OF 105.01 FEET; S 22° 50' 59" E FOR A DISTANCE OF 39.58 FEET; S 44° 53' 10" E FOR A DISTANCE OF 69.37 FEET TO THE COMMON LINE OF SAID REMAINDER OF 71.52 ACRE TRACT AND SAID 46.60 ACRE TRACT, FOR REFERENCE A 112 INCH IRON ROD WITH PLASTIC CAP STAMPED 'KERR 4502' SET MARKING THE NORTHEAST CORNER OF SAID REMAINDER OF 71.52 ACRE TRACT AND THE NORTHWEST CORNER OF SAID 46.60 ACRE TRACT BEARS: N 42° 59' 20" E A DISTANCE OF 598.94 FEET; ORDINANCE NO. 2020-4216 Page 6 of 7 THENCE: S 42° 59' 20" W ALONG THE COMMON LINE OF SAID REMAINDER OF 71.52 ACRE TRACT AND SAID 46.60 ACRE TRACT FOR A DISTANCE OF 465.92 FEET (TOTAL DEED CALL: S 42° 59' 28" W -1,065.61 FEET, 3310/321, O.P.RB.C.T.) TO THE POINT OF BEGINNING CONTAINING 10.467 ACRES OF LAND AS MEASURED BY GRID DISTANCES, MORE OR LESS, AS SURVEYED ON THE GROUND APRIL 2020. ORDINANCE NO. 2020-4216 Page 7 of 7 Exhibit B