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HomeMy WebLinkAbout2016-3829 - Ordinance - 10/27/2016 ORDINANCE NO. 2016-3829 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO GC GENERAL COMMERCIAL AND NAP NATURAL AREAS PROTECTED FOR APPROXIMATELY 11.449 ACRES OF LAND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, COLLEGE STATION, BRAZOS COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF A CALLED 28.57 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO THE SUMMIT CROSSING, LLC RECORDED IN VOLUME 8491,PAGE 52 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; GENERALLY LOCATED SOUTH OF STATE HIGHWAY 30, SOUTH OF VETERANS MEMORIAL PARK, ADJACENT TO THE CITY LIMIT LINES, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVING 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 12-4.2, "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"for the property described graphically in Exhibit "C" and more specifically in Exhibit "D", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: 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 27th day of October, 2016 ATTEST: APPROVED: VIALfra..--0614 City ecretary Mayor APPROVED: City Attorney Ordinance No. 2016-3829 Page 2 of 9 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "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 R Rural to GC General Commercial, as described below and as graphically depicted in Exhibit"D": METES AND BOUNDS DESCRIPTION OF AN 6.521 ACRE TRACT RICHARD CARTER LEAGUE,A-8 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8,COLLEGE STATION, BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 28.57 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO THE SUMMIT CROSSING,LLC RECORDED IN VOLUME 8491,PAGE 52 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1+2 INCH IRON ROD FOUND ON THE SOUTHEAST LLNE OF SAID REMAINDER OF 28.57 ACRE TRACT MARKING THE NORTH CORNER OF LOT 24, BLOCK 3,AND THE WEST CORNER OF LOT 22,BLOCK 3,HARVEY HILLSIDES,ACCORDING TO THE PLAT RECORDED IN VOLUME 263, PAGE 489 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: S 42°04'07" W ALONG THE COMMON LINE OF SAID REMAINDER OF 28.57 ACRE TRACT AND SAID LOT 24 FOR A DISTANCE OF 27.21 FEET TO THE SOUTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 55°19'03" W THROUGH SAID REMAINDER OF 28 57 ACRE TRACT FOR A DISTANCE OF 175.21 FEET TO THE SOUTHEAST LL\E OF STATE HIGHWAY NO.30("HARVEY ROAD" - 150'R.O.W.) AND THE NORTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE SOUTHEAST LINE OF STATE HIGHWAY 30 FOR THE FOLLOWING CALLS: N 33° 40' 22" E FOR A DISTANCE OF 771.20 FEET TO A 1;2 INCH IRON ROD SET. FOR REFERENCE,A 12 INCH IRON ROD FOUND BEARS:N 86'29'18"W FOR A DISTANCE OF 5.29 FEET AND A CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS: S 61° 59'30" W FOR A DISTANCE OF 22.55 FEET; N 54° 47' 40" W FOR A DISTANCE OF 15.01 FEET TO A 112 INCH IRON ROD SET. FOR REFERENCE,A L'2 INCH IRON ROD FOUND BEARS:N 89"57'43"W FOR A DISTANCE OF 5.50 FEET AND A CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS: S 51° 03' 55"W FOR A DISTANCE OF 19.24 FEET; N 33° 111 22"E FOR A DISTANCE OF 656.34 FEET TO THE MOST NORTHERLY CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE:THROUGH SAID REMAINDER OF 28.57 ACRE TRACT FOR THE FOLLOWING CALLS: S 62'11'24"E FOR A DISTANCE OF 50.55 FEET; S 22'31'17"E FOR A DISTANCE OF 170.79 FEET; S 42'15'01"W FOR A DISTANCE OF 356.27 FEET; S 01°27'24"W FORA DISTANCE OF 229.88 FEET; S 25° 42' 29" \V FOR A DISTANCE OF 126.43 FEET TO THE COMMON LINE OF SAID REMAINDER OF 28.57 ACRE TRACT AND LOT 20,BLOCK 3,HARVEY HILLSIDES; Ordinance No. 2016-3829 Page 3 of 9 THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 28.57 ACRE TRACT AND SAID BLOCK 3 FOR THE FOLLOWING CALLS: S 41' 07' 43" W FOR A DISTANCE OF 276.83 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 20 AND THE NORTH CORNER OF LOT 22. OF SAID BLOCK 3; S 40" 35' 52" W FOR A DISTANCE OF 370.47 FEET TO THE POINT OF BEGINNING CONT ALNING 6.521 ACRES OF LAND AS SURVEYED ON THE GROUND MARCH, 2016. SEE PLAT PREPARED AUGUST, 2016, FOR MORE. DESCRIPTIVE INFCRNLATION_ BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL. LAND SURVEYOR No. 4502 17OB S116-.747\16-747B.docx Ordinance No. 2016-3829 Page 4 of 9 EXHIBIT "B" That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "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 R Rural to NAP Natural Areas Protected, as described below and as graphically depicted in Exhibit"D": METES AND BOUNDS DESCRIPTION OF AN 11.449 ACRE TRACT RICHARD CARTER LEAGUE,A-8 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE,ABSTRACT NO. S, COLLEGE STATION, BRAZOS COUNTY.TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 28.57 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO THE SU\•L1xIIT CROSSING,LLC RECORDED IN VOLUME 8491,PAGE 52 OF THE OFFICLAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1f2 INCH IRON ROD SET ON THE SOUTHEAST LINE OF STATE HIGHWAY 30(120' R.O.W.)MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT. FOR REFERENCE, A 1/2 INCH IRON ROD SET MARKING THE WEST CORNER OF A CALLED 11.37 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO KATE ROMAIN RECORDED IN VOLUME 8491, PAGE 21 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS BEARS:N 33' 17'22"E FOR A DISTANCE OF 545.25 FEET,FROM WHICH,THE CITY OF COLLEGE STATION GPS MONUMENT CS94-I26 BEARS: N 46' 12' 40' W FOR A DISTANCE OF 1856.59 FEET(NAD 33 TEXAS STATE PLANE CENTRAL ZONE COORDINATES, N: 10221519.22; E: 3566223.05)(THI.S MONUMENT USED TO ESTABLISH THE GRID NORTH BEARING SYSTEM SHOWN HEREIN BASED ON GPS OBSERVATION)AND A POINT MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 2 757.32 FEET BEARS:N 33' 17'22" E FOR A DISTANCE OF 193.00 FEET, FROM WHICH,A CONCRETE RIGHT-OF-[['AY MARKER FOUND ON THE NORTHWEST LINE OF STATE HIGHWAY 30 BEARS:N 56° 42' 38' \V FOR A DISTANCE OF 119.93 FEET,FROM WHICH,A 518 INCH IRON ROD FOUND BEARS: S 33° 17' 22" W FOR A DISTANCE OF 1475.40 FEET; THENCE: S 47°42' 16"E THROUGH SAID REMAINDER OF 25.57 ACRE TRACT FOR A DISTANCE OF 399.43 FEET TO A 1`2 INCH IRON ROD SET ON THE NORTHWEST LINE OF LOT 16,BLOCK 3,HARVEY HILLSIDES ACCORDING TO THE PLAT RECORDED IN VOLUME 263, PAGE 489 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS AND THE SOUTHEAST LINE OF SAID 28.57 ACRE TRACT AND THE RICHARD CARTER LEAGUE. FOR REFERENCE,A 1/2 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID LOT 16 BEARS:N 42'32'43"E FOR A DISTANCE OF 41.52 FEET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 28.57 ACRE TRACT AND SAID BLOCK 3 FOR THE FOLLOWING CALLS: S 42° 32' 43" W FOR A DISTANCE OF 328.31 FEET (DEED CALL BEARING: S 44° 34' 02" W. 8491/52) TO A POINT MARKING THE WEST CORNER OF SAID LOT 16 AND THE NORTH CORNER OF LOT 18 OF SAID BLOCK 3; S 41' 50'43"W FOR A DISTANCE OF 369.83 FEET(DEED CALL: S 43`52' 13" W-370.01 FEET; 3491/52) TO A POINT MARKING THE WEST CORNER OF SAID LOT 18 AND THE NORTH CORNER OF LOT 20 OF SAID BLOCK 3; 5 41'07'43" \V FOR A DISTANCE OF 369.93 FEET(DEED CALL: S 43° 09'30"W-370 03 FEET, 8491x'52)TO A 3'S INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 20 AND THE NORTH CORNER OF LOT 22 OF SAID BLOCK 3; S 40'35' 52"W FOR A DISTANCE OF 370.47 FEET(DEED CALL: 5 42° 54'38" W -370.12 FEET; 8491:52) TO A 1!2 INCH IRON ROD FOUND MARKING THE [['EST CORNER OF SAID LOT 22 AND THE NORTH CORNER OF LOT 24 OF SAID BLOCK 3; Ordinance No. 2016-3829 Page 5 of 9 S 42'04'07"W,AT 610.85 FEET PASS A 1/2 INCH IRON ROD SET(A 5/8 INCH IRON ROD FOUND BEARS: S 47° 55' 53"E - 8.94 FEET), CONTINUE ON FOR A TOTAL DISTANCE OF 709.77 FEET (DEED CALL: S 43° 18' 55" W - 711.11 FEET, 8491.52) TO A .POINT MARKING THE WEST CORNER OF SAID LOT 24 AND THE SOUTH CORNER OF SAID REMAINDER OF 28.57 ACRE TRACT: THENCE: ALONG THE SOUTHWEST LINE OF SAID REMAINDER OF 28.57 ACRE TRACT FOR THE FOLLOWING CALLS: N 42` 04' 03" W FOR A DISTANCE OF 17.92 FEET (DEFT) CALL: N 39' 58' 56" W-28.36 FEET, 8491/52)TO A PONT; N 14° 41' 53" W FOR A DISTANCE OF 77.80 FEET (DEED CALL: N 12' 36' 46" W- 77.26 FEET, 8491152)TO A POINT ON THE SOUTHEAST LINE STATE HIGHWAY 30 MARKING THE WEST CORNER OF SAID REMAINDER OF 28.57 ACRE TRACT; THENCE: ALONG THE.SOUTHEAST LEE OF STATE HIGHWAY 30 FOR THE FOLLOWING CALLS: N 33' 40' 22" E,AT 99.53 FEET PASS A POINT, FROM WHICH A 5'8 INCH IRON ROD FOUND BEARS: S 56' 19' 38" E FOR A DISTANCE OF 0.30 FEET. CONTINUE ON FOR A TOTAL DISTANCE OF 139144 FEET(DEED CALL:N 35'32'44"E- 1391.34 FEET.5491/=4)TO A 1x'2 INCH IRON ROD SET.FOR REFERENCE, A 1?2 INCH IRON ROD FOUND BEARS:N 86°29' 18"W FOR A DISTANCE OF 5.29 FEET AND A CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS:S 61° 59'30"W FOR A DISTANCE OF 22.55 FEET; N 54°47' 40" W FOR A DISTANCE OF 15.01 FEET (DEED CALL: N 54° 27' 16" W - 15.00 FEET. 8491/54) TO A 1 2 INCH IRON ROD SET. FOR REFERENCE, A 1/2 INCH IRON ROD FOUND BEARS:N 39° 57' 43" W FOR A DISTANCE OF 5.50 FEET AND A CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS:S 51`03'55"W FOR A DISTANCE OF 19.24 FEET; N 33° 17' 22" E FOR A DISTANCE OF 737.15 FEET (DEED CALL BEARING: N 35° 32' 44" E. 8491/54)TO THE POINT OF BEGINNING CONTAINING 11.449 ACRES OF LAND AS SURVEYED ON THE GROUND MARCH. 2016. SEE PLAT PREPARED AUGUST, 2016, FOR MORE DESCRIPTIVE INFORMATION.. BRAD KERR REGISTERED PROFESSIONAL. LAND SURVEYOR No.4502 ,'JOB SA 6-747116-74 7 A.clocx SAVE AND EXCEPT THE AREA DESCRIBED BY METES & BOUNDS, AS FOLLOWS: Ordinance No. 2016-3829 Page 6 of 9 METES AND BOUNDS DESCRIPTION OF AN 6.521 ACRE TRACT RICHARD CARTER LEAGUE.A-8 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO• S. COLLEGE STATION, BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 28.57 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO THE SUMMIT CROSSING,LLC RECORDED IN VOLUME 8491,PAGE 52 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 112 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF SAID REMAINDER OF 28.57 ACRE TRACT MARKING THE NORTH CORNER OF LOT 24,BLOCK 3_ AND THE WEST CORNER OF LOT 22,BLOCK 3,HARVEY HILLSIDES,ACCORDING TO THE PLAT RECORDED IN VOLUME 263, PAGE 489 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: S 42"04'07" W ALONG THE COMMON LINE OF SAID REMAINDER OF 25.57 ACRE TRACT AND SAID LOT 24 FOR A DISTANCE OF 27.21 FEET TO THE SOUTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT: THENCE: N 55' 19'03" W THROUGH SAID REALANDER OF 28.57 ACRE TRACT FOR A DISTANCE OF 175.21 FEET TO THE SOUTHEAST LLNE OF STATE HIGHWAY NO.30("HARVEY ROAD" - 150'ROM.) AND THE NORTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE SOUTHEAST LINE OF STATE HIGHWAY 30 FOR THE FOLLOWING CALLS: N 33° 40' 22" E FOR A DISTANCE OF 771.20 FEET TO A 112 INCH IRON ROD SET. FOR REFERENCE,A 1i2 INCH IRON ROD FOUND BEARS:N 86°29'18"W FOR A DISTANCE OF 5.29 FEET AND A CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS: S 61° 59' 30"W FOR A DISTANCE OF 2155 FEET: N 54° 47' 40" W FOR A DISTANCE OF 15.01 FEET TO A 1:2 INCH IRON ROD SET. FOR REFERENCE,A 1.2 INCH IRON ROD FOUND BEARS:N 89°57'43"W FOR A DISTANCE OF 5.50 FEET AND A CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS: S 51° 03' 55" W FOR A DISTANCE OF 19.24 FEET; N 33° 17'22"E FOR A DISTANCE OF 656.34 FEET TO THE MOST NORTHERLY CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE:THROUGH SAID REMAINDER OF 25.57 ACRE TRACT FOR THE FOLLOWING CALLS: S 62'11'24"E FOR A DISTANCE OF 50.55 FEET; 5 22'31'17"E FORA DISTANCE OF 170.79 FEET; S 42'15'01"W FORA DISTANCE OF 356.27 FEET; S 01°27'24"W FORA DISTANCE OF 229.88 FEET; S 25° 42' 29" W FOR A DISTANCE OF 126.43 FEET TO THE COMMON LINE. OF SAID REMAINDER OF 28.57 ACRE TRACT AND LOT 20,BLOCK 3,HARVEY HILLSIDES; Ordinance No. 2016-3829 Page 7 of 9 THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 28.57 ACRE TRACT AND SAID BLOCK 3 FOR THE FOLLOWING CALLS: S 41° 07' 43" W FOR A DISTANCE OF 276.83 FEET TO A 318 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 20 AND THE NORTH CORNER OF LOT 22 OF SAID BLOCK 3; S 40° 35' 52" W FOR A DISTANCE OF 370.47 FEET TO THE POET OF BEGINND G CONTAINING 6.521 ACRES OF LAND AS SURVEYED ON THE GROUND MARCH, 2016. SEE. PLAT PREPARED AUGUST, 2016, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OB SERVATION BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 '4JOBS116-747116-747B.docx Ordinance No. 2016-3829 Page 8 of 9 EXHIBIT "C" C = q V O v LL Z u ab Z K j O fl z >r4 ,L, O Z E E c 2r o N b y V•O ip C; b— '.aC b > O ° E' 0 V m W N aUIlx KJ= \ I t" ".4)07 l\.\\\ IN Ko: o:a[K .e I .80 b U o 20 Coto5 4m � Eoa.q c s 12 & COOO ,i'' bbv COr. � > ba1 y 4L. 6• b c o .1- -1. . OUK Y z Z T. N cn ',,,_ m I O oo( OQ' i ()Oa' Y 77 7. / ` f4U b q 4/ b a m i '7N--. 1 / ani ae ZS7 d \ ti\ 4 No411fd o e[ ` f/, � ` -\\. 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