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Home My WebLink About2024-4549 - Ordinance - 09/12/2024ORDINANCE NO. 2024-4549 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 1.10 ACRES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 12 OF THE D.A. SMITH SUBDIVISION AS DESCRIBED BY PLAT RECORDED IN VOLUME 49, PAGE 106 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE NORTHEAST HALF (APPROXIMATE) OF THE ADJOINING RIGHT-OF-WAY OF TURNER STREET, GENERALLY FOR THE PROPERTIES LOCATED ALONG GILBERT STREET AND TURNER STREET AS DESCRIBED BELOW; 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. 2024-4549 Page 2 of 7 PASSED, ADOPTED, and APPROVED this 12th day of September, 2024. ATTEST: 479A APPR.V ED :�� City Secretary Mayor APPROVED: brest A, thlA4Orta, City Attorney ORDINANCE NO. 2024-4549 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 GS General Suburban or D Duplex to MH Middle Housing and HOO High Occupancy Overlay zoning: ORDINANCE NO. 2024-4549 Page 4 of 7 BASELINE City -Initiated Rezoning Proposed Area "SS" (along Turner Street) Portion of Lot 12, D.A. Smith Subdivision College Station, Texas June 2024 All of that certain tract or parcel of land lying and being situated in the Richard Carter league, abstract no. 8, in College Station, Brazos County, Texas, being a portion of Lot 12 of the D.A. Smith Subdivision as described by plat recorded in volume 49, page 106 of the Deed Records of Brazos County, Texas, and the northeast half (approximate) of the adjoining right-of-way of Turner Street, and being more particularly described as follows: Beginning at the most northerly corner of this described zoning tract, at a 1/2" iron rod found at the north corner of that 0.1307 acre tract described in the deed to Vizu, LP recorded in volume 11166, page 270 of the Official Public Records of Brazos County, Texas, from where City of College Station control monument no. 122 bears N 5° 55' 09" E — 1053.8 feet*; Thence S 49° 03' 25" E — 113.91 feet*, along the northeast line of the said Vizu tract, to a 1/2" iron rod found at its east corner on the northwest prescriptive right-of-way line of Gilbert Street; Thence S 42° 44' 02" E — 30.12 feet*, across said Gilbert Street, to a 1/2" iron rod with a blue plastic cap stamped "KERR SURVEYING" found at the north corner of that 0.232 acre zoning tract described in the City of College Station Ordinance 2023-4481; Thence S 41° 22' 48" W— 115.00 feet*, along the southeast boundary of said Gilbert Street, to a 1/2" iron rod with an orange plastic cap stamped "H.P.MAYO RPLS 5045" found (set in 2003) at the west corner of the said 0.232 acre zoning tract; Thence S 48° 12' 57" E — 87.80 feet*, along the southwest line of the said 0.232 acre zoning tract, also being the northeast boundary of Turner Street, to a 1/2" iron rod with a blue plastic cap stamped "KERR SURVEYING" found at the south corner of the said 0.232 acre zoning tract; Thence N 41 ° 22' 48" E — 115.00 feet*, along the southeast boundary of the said 0.232 acre zoning tract, to a 1/2" iron rod with a blue plastic cap stamped "KERR SURVEYING" found at its east corner; Thence S 48° 11' 17" E — 207.94 feet*, along the northeast lines of that 0.198 acre tract described in the deed to Ali Jaffar recorded in volume 19079, page 239, that 0.66 acre tract described in the deed to Ali Jaffar recorded in volume 9225, page 145, and that 0.132 acre tract described in the deed to Sivas, LLC recorded in volume 19219, page 66 in the Official Public Records of Brazos County, Texas, and continuing to the most easterly corner of this described zoning tract in the northwest line of Lot 2 of a Part of Lots 7, 8, 9 & 10 of the D.A. Smith Subdivision as described by plat recorded in volume 516, page 717 of the Deed Records of Brazos County, Texas; Thence S 41 ° 26' 42" W— 128.21 feet* along the said northwest line of Lot 2, to the most southerly corner of this described zoning tract; Thence N 49° 00' 00" W— 440.05 feet*, approximately along the middle of the pavement of Turner Street, to the most westerly corner of this described zoning tract; Rezoning Area `SS" (along Turner Street) Page 1 of 2 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 I 979,693 2777 I TxSury F-10030200 1 BaselineSurveyors.net ORDINANCE NO. 2024-4549 Page 5 of 7 BASELINE Thence N 41° 37' 42" E — 135.54 feet*, along the common boundary of the tracts conveyed to Ronnie Watson by deed recorded in volume 13805, page 86, and the said Vizu tract, with that tract conveyed to Arthur and Nancy Wright Family Limited Partnership by deed recorded in volume 2686, page 109 of the Official Public Records of Brazos County, Texas, to the Point of Beginning and containing 1.10 acres of land more or less. Bearings and *distances are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 120 and no. 122 (N 17° 03' 41" W). Approximate surface distances can be computed by multiplying these provided grid distances by an average combined scale factor of 1.000100. This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. See survey exhibit plat dated June 2024. HENRY P MAYO 5045 v,: �F39t0?P Qr 'V SB�vEI� Rezoning Area "SS' {along Turner Street) Page 2 of 2 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 I 979.690 2777 I TxSury F-10030200 I BaselineSurveyors,net ORDINANCE NO. 2024-4549 Page 6 of 7 Live Oak Street Found Monument Legend KERR 'blue' — 1/21R found w/blue plastic cap stamped "KERR SURVEYING" KERR 'yellow' — 1/2"IR found w/yellow plastic cap stamped "KERR 4502" MAYO — 1/2"IR found (set 2003) w/orange plastic cap stamped "H.P.MAYO RPLS 5045" June 2024 Ash Street 2 7's 1 100 120 Ft Bearings and distances are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 120 and no, 122 (N 17'03'41" W). Approximate surface distances are in parenthesis, based on an average combined scale factor of 1.000100. See separate metes and bounds description prepared with this plat. This document was prepared under 22 Texas Administrative Code §138.9.5, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests In real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Arthur and Nancy Wright Family Limited Partnership southeast one—half of Lot 21 vol. 2686, pg. 109 N 41'37'42n E 135.54' (135.55') Ronnie Watson vol. 13805 pg. 86 Area "SS" 1.10 acres Gilbert Street (rem. of) 18 acres (preecrrprwc R&.W.1 vol. 81, pg. 587 44O-0 S 41'22'48" W r 1 15.00' (115.01') existing MH Zoning per Ordinance 2023-4481 Salam Investments, LLC 0.13 acre vol. 13901, pg. 36 Ali Jaffar 0.198 acre vol. 19079, pg. 239 (current ownership unknown) Sivas, LLC 0.132 acre vol. 19219, pg. 66 Survey Control Note: City of CS GPS monument no. 122 bears N W55'09"E-1053_B', (-1653.9' surface distance) from the Point of Beginning (F.O.B.) N 4137'42"E-129.2'* Brenda D. Hawkins Gwendolyn J. Hawkins & Eilly D. Hawkins 0.3379 acre vol. 15568, pg. 175 Gilbert Street (prescriptive R.a W.) Ali Jaffar 0.098 acre vol. 19021, pg. 71 Partisan Rock Properties, LLC 0.12 acre vol. 1792B, pg. 258 Lot 12 D.A. Smith Subdivision vol. 49 m pg. 106 L & T Stone Properties, L.L.C. 0.18 acre ol. 8418, pg. 292 Dean T. Crooks end Loren T. Crooks 0.144 acre vol. 16518, pg. 22 Jimmy Byrd, Sean McKeon & Darren McKeon 0.12 acre vol. 18880, pg. 171 N 41'26'42"E-11 6.2'* Proposed Rezoning Area "SS" Portion of Lot 12 D.A. Smith Subdivision College Station, Texas ORDINANCE NO. 2024-4549 Page 7 of 7 Exhibit B EXISTING Zoning General ;Cpommereial High Density Multi -Family , 9s F� s General Suburban General y; Suburban tee` General Suburban Aq sl High Occupancy 9s Overlay F9 sl PROPOSED Zoning A General 9 ss�p Suburban sr