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HomeMy WebLinkAbout2025-4630 - Ordinance - 09/25/2025ORDINANCE NO.2025-4630 AN ORDINANCE REPEALING IN PART ORDINANCE 2024-4542, AND 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 MH MIDDLE HOUSING AND HOO HIGH OCCUPANCY OVERLAY TO MH MIDDLE HOUSING FOR APPROXIMATELY 3.66 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, INCLUDING PORTIONS OF LOT 5 AND LOT 6 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 SUBSEQUENT REPLATS OF PORTIONS OF THESE TWO LOTS, WITHIN AN AREA GENERALLY BOUNDED BY LINCOLN AVENUE, NIMITZ STREET, AND EISENHOWER 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", 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. 2025-4630 Page 2 of 8 PASSED, ADOPTED, and APPROVED this 2511 day of September, 2025. ATTEST: City Secretary APPROVED: I'I,SUG U)Lf f U4, City Attorney APr 7%44 P Mayor ORDINANCE NO. 2025-4630 Page 3 of 8 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 MH Middle Housing and HOO High Occupancy Overlay to MH Middle Housing: ORDINANCE NO. 2025-4630 Page 4 of 8 City -Initiated Rezoning Proposed Area "00" (Avenue A & vicinity) Portions of Lots 5 and 6 D.A. Smith Subdivision College Station, Texas May 2024 BASELINE 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, including portions of Lot 5 and Lot 6 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 subsequent replats of portions of these two lots, within an area generally bounded by Lincoln Avenue, Nimitz Street, and Eisenhower Street, and being more particularly described as follows: Beginning at an "X" mark found cut in concrete marking the intersection of the southwest right-of- way boundary of Avenue A and the northwest right-of-way boundary of Lincoln Avenue, being the east corner of Lot 5-1 as described by the plat of Lots 5-1 through 5-6, D.A. Smith Subdivision recorded in volume 4586, page 78 of the Official Public Records of Brazos County, Texas, from where City of College Station control monument no. 122 bears N 6° 30' 16" W — 2286.2 feet*; Thence across Avenue A and along the northwest right-of-way boundary of Lincoln Avenue as fol lows: N 34' 17' 36" E — 30.53 feet*, N 41 ° 30' 03" E — 67.39 feet*, and N 41 ° 57, 36" E — 19.37 feet* to the beginning of a non -tangent curve to the left with a radius of 28.00 feet'; Thence along said curve to the left through a central angle of 50* 20' 09", the chord of which bears N 5' 52' 35" E — 23.81 feet*, to its end in the southwest right-of-way boundary of Nimitz Street; Thence along the said southwest boundary of Nimitz Street as follows: N 37* 08' 15" W — 28.63 feet*, N 44° 59' 48" W — 60.41 feet*, N 47* 04' 31" W— 89.79 feet*, N 48" 09' 51" W — 50.07 feet* (prescriptive right-of-way boundary), N 48' 32' 30" W — 49.69 feet*, N 43° 18' 24" W — 50.45 feet*, N 48° 23' 31" W — 50.11 feet*, N 48° 47' 55" W — 50.00 feet*, N 49* 13' 45" W— 53.14 feet`, N 49' 40' 03" W— 53.00 feet*, N 48' 15, 46" W — 43.83 feet*, and N 51 ° 55' 56" W — 50.20 feet* to the northwest line of said Lot 6 and a southwest boundary of the College View subdivision, at the north corner of Lot 6-1 of the D.A. Smith Subdivision as described by the plat recorded in volume 9912, page 22 of the Official Public Records of Brazos County, Texas; Thence S 41 ° 25' 54" W — 339.45 feet* along the northwest lines of said Lot 6 and Lot 5, and the southwest boundary of the College View subdivision, to a point in the middle of Eisenhower Street; Thence S 50' 18' 00" E — 345.54 feet*, generally along the middle of pavement of Eisenhower Street, to a point for corner of this described tract on a southwestward extension of the northwest line of Lot 5-5 of the said plat of Lots 5-1 through 5-6; Thence N 41 ° 02' 08" E — 180.74 feet*, passing the west corner of said Lot 5-5 at 30.3 feet*, to the common corner of Lot 5-5 and Lot 5-6 in the southwest right-of-way boundary of Avenue A; Thence S 48' 27' 52" E — 301.55 feet*, along the said southwest boundary of Avenue A, to the Point of Beginning and containing 3.66 acres of land more or less. Rezoning Area "00" (Avenue A & vicinity) Pagel of 2 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 1 979-693 2777 1 TxSury F-10030200 I BaselineSurveyors net ORDINANCE NO. 2025-4630 Page 5 of 8 BASELINE �9-&-C.' 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" ". 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 j 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 HENRY P MAYO reconfiguration of the boundary of the political subdivision 504$ n�P for which it was prepared.�'•.,a See survey exhibit plat dated May 2024. Rezoning Area °00" (Avenue A & vicinity) Page 2 of 2 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 1 979,6932777 1 TxSury F-10030200 SaselineSurveyors.met ORDINANCE NO. 2025-4630 Page 6 of 8 BASELINE Baseline I DCCM I TxSurvF40030200 117011 SW Pkwy, Ste 104, College Station, TX77W 979.693.2777 I BasellneSurveyommet texas 34btl �/s o0� 1 , Lone Ash Street no a �9s 5 4 3 �J 5 41'25'54" W — 339,45' (339.49') l 6-1 Shellenback 809 Avenue 0.189 ac- Peterson A. LLC vol. 17667 1/4 acre 0.24E acre ` pg. 104 yet. 2439 vol. 15766 n 6-2 pg. 226 pg. 155 / Replat t vol. 2816 p 99 1 DA. Sr-rt� -- -- 9ubd vlsiol --� Lot 5 voI IC) Payton D.A S"n Lh pg 13b 0.129 acre S_ib,tivisior val. 251 111� vol 49 Payton pg. 658,- vol. 7571 Robinson pg. 122 1 1 Vol. 639 Area "00" p9r 155 3.66 acres Wang 5L 6 I vol. 10240 pg. 126 I F o @ B15 Avenue A 3 O.OB5 Co. N 41'02'08" E 'o cm vol 19 n pg. 25 180.74' (180.75') Proslicka Walters 5-5 0.6854 ac. In vol. 17799 pg. 49 b Beckett I rQ I 0.085 ae. J I` vol. 15540 5-4 1 [.� p9. 194 N oats Va/ A. ugh . & 4 I f Dll 6-14 0 50 100 200 Ft 586 P9.j 9 Bearingsand distances are Texas State Plane, Central Zone NAD83 datum, 6-13determined by GPS and checked betweenCityof College Station control monuments 5-2 no, 120 and no. 122 (N 17 D3'41" W). _ ReplatApproximate surface distances are in vol. 3D1parenthesis, pg.91combined based on an average scale factor of 1.000100.6�12 See separate metes and bounds 5-1description prepared with this plat. SurveyControl Note: �I a Ll -enw L2 City oCS CPS monument Lineoln AV 122 hears N 6'30'16" W-2286 2' '(-22B6.4' surface distance) from the Point of Beginning (P.O.B.) This document was prepared under 22 Texas Administrative Code §13B.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. 6-3 6-10 6-11 �aii 1 P ej 9g 7 6 901 ® 5 4 ICJ S� L15 I -22- 1 Line Dim nainn Tnhln becr', dismnp L14 L1 ri 34'7'3�" E 3053' )3253') 2 r< 41 30'r�3,• F 67 39' ; 67 L9 ) I _3 N 4' 5736" E 19 37' i' 9.3s') I La V 37'CS 15' N 23 53' i29 63 )1 L13 N 7- q'48" W 60 41' ,60_12')1 6 V �7 C4'31 W 8979' )B9 K")I .7 N a Os'5r' w 50 0,' ;50 or) _a v -a 32'3c' YN 49 69' �49 69'>I 2 N :3'18'2" `N 50 15' �504.5')I L12 Liu d 8 z 1' 'Id so eo 1 L7I N a '5" `N 505000 !M 09') IL12 J 9'I 45' `J 53'4 ;5315')1 L11 ILl4 V -8'1546' W 4383 )4 Bc')I . � ci r,. w yn mn �ni ) L1 D Lrz- . _ '.J 2 3 _ 1) Cots Par Of A. gfi_th8 9 & L9 w 0.075 ac. S4btlrp's10 4 n T vol. 17425 p9 779 LS —020 Nimitz 0.0579 cc. Vol. 19017 L7 pg• 20 Felicia Clover 1 ]' Tract Vol. B533 I p9. 285 L6 2eplat28 vel. 1 pg. 99 L5 I L4 11I Leh.-- N 5'52'35"E-23.61'(23.81 ) Proposed Rezoning Area "00" Portions of Lots 5 & 6 D.A. Smith Subdivision College Station, Texas ORDINANCE NO. 2025-4630 Page 7 of 8 Exhibit B ORDINANCE NO. 2025-4630 Page 8 of 8 Exhibit C That the Follow Conditions must be satisfied before the rezoning to Middle Housing becomes effective: 1. Construction of an approved access drive or turnaround, that meets Fire Department standards, be provided within 100 feet of the terminus of Avenue A. This can also be achieved by the extension of Avenue A to Eisenhower Street, Nimitz Street, or Ash Street.