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HomeMy WebLinkAbout2009-3165 - Ordinance - 02/12/2009ORDINANCE NO. 3165 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," 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 CERTAIN PROPERTIES AS DESCRIBED BELOW; 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 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 ", attached hereto and made a part of this ordinance for all purposes. PART 2: 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. PASSED, ADOPTED and APPROVED this 12th day of FPbruary , 2009. APPROVED: MAYOR ATTEST: • 7l-� 1�tz City Secretary City Attorney/ ORDINANCE NO. 3165 Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," 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, General Commercial to PDD, Planned Development: ALL THAT CERTAIN 3.67 ACRES TRACT OR PARCEL OF LAND, LYING AND BEING SITUATED IN THE ROBERT STEVENSON SURVEY, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE CALLED 154 ACRE (NET) TRACT DESCRIBED IN THE DEED FROM FLORENCE A. BROWN TO BEVERLY J. FURRER, PATRICIA J. VOGEL AND THOMAS L. BROWN, JR., AS RECORDED IN VOLUME 854, PAGE 57, OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING ALSO DESCRIBED AS 158 ACRES IN THE DEED FROM D. BROOKS COFER, JR. AND DON DILLON TO WAYNE A DUNLAP AND THOMAS L. BROWN AS RECORDED IN VOLUME 283, PAGE 382, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS AND SAID 3.67 ACRE TRACT BEING MORE PARTICULAR DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT "B" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT "C" Purpose Statement: The purpose of this PDD district is to create a zoning district that will integrate commercial uses and drive - thru's in such a way as to be compatible with developing lower density residential uses. Uses Allowed: Educational Facility, Indoor Instruction Educational Facility, Primary & Secondary Governmental Facilities Health Care, Medical Clinics Parks Places of Worship Animal Care Facility, Indoor Art Studio /Gallery Day Care, Commercial Dry Cleaners & Laundry Drive- in/Drive thru window Fuel Sales* Health Club /Sports Facility, Indoor Offices Personal Service Shop ORDINANCE NO. 3165 Page 3 Printing/Copy Shop Radio /TV Station/Studio Restaurant* Retail Sales & Service Sexually Oriented Business* Storage, Self Service* Utility* Wireless Telecommunication Facilities — Intermediate* Wireless Telecommunication Facilities — Major (CUP required) Wireless Telecommunication Facilities — Unregulated *Uses have specific use standards per Unified Development Ordinance, Article 6.3, Specific Use Standards Conditions: Drive - in/thru not allowed in conjunction with restaurant use Modifications Possible: None ORDINANCE NO. 3165 Page 4 EXHIBIT "B" -- EXHIBIT "B" Wayne A. Dunlap Beverly J. Furrer Patricia J. Vogel Thomas L. Brown, Jr. 3.67 Acre Tract Three Robert Stevenson Survey, A -54 College Station, Brazos County, Texas Field notes of a 3.67 acre tract or parcelotland, lyingand being situated in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, and being part of the called 154-acre (net) tract described in the deedfrom Florence A Brown to Beverly J. Furrer, Patricia J. Vogel and Thomas L. Brown, Jr., as recorded in Volume 854, Page 57, of the Official Records of Brazos County, Texas, and being also described as 158 acres in the deed from D. Brooks Cofer, Jr. and Don Dillon to Wayne A Dunlap and Thomas L. Brown as recorded in Volume 283, Page 382, of the Deed Records of Brazos County, Texas, and said 3.67 acre tract being more paiticularly described as follows: COMMENCING at the north corner ofthe beforementioned 158acretractinthe , center of Barron Road (County Road now in College Station - formerly known as Wellborn - Rock Prairie Public Road), from which a crosstie fence comer at the intersection of the northeast I me of the 158 acre tract with the southeast line of Barron Road bears S 46°02 08" E -26.21 feet, and a crosstie fence comer marking the east comer of the 158 acre tract bears S 46° 02' 08" E - 3422.41 feet; THENCE S 44 E along the northwest line of the beforementioned 158 acre tract, same being along the centerline of the existing pavement of Barron Road for a distance of 733.33 feet to the PLACE OF BEGINNING of this description; I THENCE through the interior of the beforementioned 158 acre tract, as follows: S 15° 57' 15" E at a distance of 25.45 feet, pass a M." iron rod set in the apparent southeast line of Barron Road, continueon for a total distance of 400.00 feet tole W iron rod set, S 44 02'46" W for a distance of 3a1.68 feet to a Y:" iron rod set in the northeast right ofway line of State Highway No. 40, from which a concrete monument with brass disc found bears S 55 16' 58" E - 532.93 feet; THENCE along the northeast right of way line of the beforementioned State Highway No. 40 (as described in the deed to the State of Texas as recorded in Volume , Page of the Official Records of Brazos County, Texas), as follows: N 55° 16' 58" W for a distance of 58.96 feet to a concrete monument with brass disc found, N 49° 04' 54" W for a distance of 124.28 feet to a concrete monument with a brass disc found, N 50° 01'33" W for a distance of 131.40 feet to a concrete monument with a brass disc found, N 50 58' 39" W at a distance of 61.87 feet, pass a 'A' iron rod set in the southeast line of Barron Road, continue on for a total distance of 86.99 feet to the northwest line of the 158 acre tract in the existing centerline of the pavement of Barron Road; ORDINANCE NO. 3165 Wayne A. Dunlap Beverly J. Furrer Patricia J. Vogel Thomas L. Brown, Jr. 3.57 Acre Tract Three Robert Stevenson Survey, A -54 College Station, Brazos County, Texas i Continued - Page 2 THENCE N 44 E along the northwest line of the beforementioned 158 acre tract and along the centerline of the existing pavement of Barron Road for a distance of 414.97 feet to the PLACE OF BEGINNING, containing 3.57 acres of land, more or less S. Mwtcl_M Surveyed June 2003 By �— S. M. Kling R.P.L,S_ No. 20 Page 5 Prepared 0 6111133 kes03,03a.1dunMpF..57ac wpd 2 °2a«£«® ;;»� ©;2 .-Oo \ \ e So Sq \� \ \ }�\ � k(0 G / �(f; - 2 = -- � m - -\ "[ 0 \� I & z H � 2 00 >���;u 2 2 °2a«£«® ;;»� ©;2 0 [ 2! -EHP \� \ \ }�\ G / �(f; - � 7 � 0 k 2 § /22jf\ - 0 §�G 5 o \� \ \ }�\ �(f; - Q 7 k k \� S & J x 0 4 � A§2(§fG , n § ` !!2R f °OF'. 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