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HomeMy WebLinkAbout2017-3939 - Ordinance - 09/25/2017 ORDINANCE NO. 2017-3939 AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 4 "ZONING DISTRICTS," 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 AFFECTING APPROXIMATELY 35 ACRE BEING SITUATED AT THE NORTHWEST INTERSECTION OF WILLIAM D. FITCH PARKWAY AND ROCK PRAIRIE ROAD CERTAIN PROPERTIES AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIING 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 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", 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.2017-3939 Page 2 of 7 PASSED, ADOPTED and APPROVED this 25th day of September 2017 ATTES : APPROVE I : , ,L-01ii 14— AP . airmig i. / City S reta 1 - ay,r APP OVED: C ( City Attorney ORDINANCE NO.2017-3939 Page 3 of 7 EXHIBIT "A" That Appendix A "Unified Development Ordinance," Article 4 "Zoning Districts," Section 12- 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: The following property is rezoned from R Rural to SC Suburban Commercial: METES AND BOUNDS DESCRIPTION OF A 21.147 ACRE TRACT THOMAS CARUTIIERS LEAGUE,A-9 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF Al.!..TTTA'T CERTAIN TRACT OR PARCEL OF LAN!) LYING AND BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE,ABSTRACT NO.9, COLLEGE STATION, BRAZOS COUNTY, 'TEXAS. SAIL) TRACT BEING A PORTION OF A CALLED 35.37 ACRE TRACT OF LAND AS DESCRIBED BY A DEED'1'O HARTZELL ELKINS RECORDED IN VOLUME 1920,PAGE 323 OF TIIE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,'l'EXAS. SAID 'TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLI,OWS: BEGINNING AT A POINT (N:10197489.33, E:3585127.02) ON THE NORTHWEST LINE OF WILLIAM D.FITCH PARKWAY(CALLED 19.53 ACRE R.O.W.TRACT,3436/131).SAID POINT LYING WITHIN THE APPARENT RIGHT-OF-WAY OF ROCK PRAIRIE ROAD WEST AND MARKING THE SOUTFI CORNER OF SAID 35.37 ACRE TRACT. 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 CS94-257 (N:10194481.85, E:3593170.56) AND AS ESTABLISHED BY GPS OBSERVATION; THENCE: N 69°59'31"W ALONG ROCK PRAIRIE ROAD AND THE SOUTHWEST LINE OF SAID 35.37 ACRE TRACT FOR A DISTANCE OF 534.01 FEET(DEE[)CALL:N 66°55' 11"W— THENCE: N 41°40'24"E ALONG THE NORTHWEST LINE OF SAID 35.37 ACRE TRACT.AT 39.14 FEET PASS A'INCH IRON ROD WITII CAP MARKED`SMKLING RPLS 2003'FOUND, CONTINUE ON FOR A'TOTAL DISATANCE OF 1916.15 FEET TO A POINT.FOR REFERENCE,A /.INCII IRON ROD WITH CAP MARKED`SMKLING RPLS 2003'FOUND BEARS:N 41°40'24" E FOR A DISTANCE OF 770.85 FEET,AND A Y INCH IRON ROD WITH PLASTIC CAP MARKED 'KERR 4502'SE:I'MARKING THE NOR'T'H CORNER OF SAID 35.37 ACRE TRACT BEARS:N 41° 40'24"E FOR A DISTANCE OF 1192.08 FEET; THENCE: S 47°53'23"E THORUGH SAID 35.37 ACRE TRACT FOR A DISTANCE OF 517.19 FEET TO A POINT ON THE NORTHWEST LINE OF WILLIAM D. FITCH PARKWAY. FOR REFERENCE.A%INCH IRON ROI)WITH PLASTIC CAP MARKED'KERR 4502'SET BEARS:N 42° 13' II"E FOR A DISTANCE OF 399.44 FEET,FROM WHICH;A A INCFI IRON ROD WITH CAP MARKED SMKLING RPLS 2003'FOUND MARKING THE EAST CORNER OF SAID 35.37 ACRE TRACT BEARS:N 41°26'20"E FOR A DISTANCE OF 796.60 FEEL(DEED CALL:N 44° 31'52"E-796,60 FEET,1920/323); THENCE: ALONG THE NORTHWEST LINE OF WILLIAM I). FITCH PARKWAY FOR THE FOLLOWING CALLS: S 42°13'I I"W FOR A DISTANCE OF 903.86 FEET(TOTAL DEED CALL:S 450 16'47"W -- 1303.46 FEET, 1920/323) TO A '/ INCH IRON ROD Wil l-1 PLASTIC CAP MARKED 'KERR 4502'SET; S 42°32'22" W,Al'778,99 FEET PASS A%INCH IRON ROT)FOUND,CONTINUE ON FOR A TOTAL DISTANCE OF 811.34 FEET(DEED CALL:S 450 36'47"W—811.12 FEET, 1920/323) '1'0 THE POINT OF BEGINNING CONTAINING 21.147 ACRES OF LAND (('AlCUL A7`ED SURFACE)AS SURVI?YED ON THE GROUND JUNE 2017. SEE PLAT PREPARED JULY 2017, FOR MORE DESCRIPTIVE INFORMATION. DISTANCES SHOWN HEREIN ARE GRID DISTANCES. '1'O DETERMINE SURFACE DISTANCES MULTIPLY BY A COMBINED SCALE FAC'T'OR OF 1,0000954598. BRAD KERR REGIS'T'ERED PROFESSIONAL. LAND SURVEYOR No.4502 \\,IOBS\17 =,6717 67C 9ocx ORDINANCE NO.2017-3939 Page 4 of 7 The following property is rezoned from R Rural to E Estate: METES AND BOUNDS DESCRIPTION OF A 9.601 ACRE TRACT THOMAS CARUTHERS LEAGUE,A-9 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE,ABSTRACT NO.9, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 35.37 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO HARTZELL ELKINS RECORDED IN VOLUME 1920,PAGE 323 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT(N:10198756.50,11:3586282.94)ON THE SOUTHEAST LINE OF SAID 35.37 ACRE TRACT AND TUE NORTHWEST LINE OF WILLIAM D. TITCH PARKWAY (CALLED 19.5 3 ACRE R.O.W.TRACT,3436/131),FOR REFERENCE,A V INCH IRON ROD WI'T'H PLASTIC CAP MARKED'KERR 4502'SET BEARS:5 42°13'11"\V FOR A DISTANCE OF 903.86 FEET.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 CS94-257 (N:10I94481.85, E:3593170.56)AND AS ESTABLISHED BY GPS OBSERVATION; THENCE: N 47°53'23"\V THROUGH SAID 35.37 ACRE TRACT FOR A DISTANCE OF 517.19 FEET TO A POINT ON THE NOR'T'HWEST LINE OF SAID 35.37 ACRE TRACT AND THE SOUTHEAST LINE 01'THE REMAINDER OF A 71.136 ACRE TRACT OF LAND AS DESCRIBED BY A DEED'10 WILLIAMS CREEK LAKE ESTATES,INC. RECORDED IN VOLUME 12947, PAGE 132 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. FOR REFERENCE,A '/ INCH IRON ROD WITH CAP MARKED`SMKLING RPLS 2003'FOUND ON THE NORTHEAST LINE OF ROCK PRAIRIE ROAD BEARS:S 41°40'24"W FOR A DISTANCE OF 1877.02 FEET; THENCE: N 41°40'24"E ALONG THE NORTHWEST LINE OF SAID 35,37 ACRE TRACT,AT 770.85 FEET PASS A 1 INCH IRON ROD WITH CAP MARKED`SMKLING RPLS 2003'FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 806.42 FEET'10 A POINT.FOR REFERENCE,A''/a INCH IRON ROD WITH PLASTIC CAP MARKED `KERR 4502' SET MARKING THE NORTH CORNER OF SAID 35.37 ACRE TRACT BEARS:N 41°40'24"E FOR A DISTANCE OF 385.66 FEET; THENCE: THROUGH SAID 35.37 ACRE TRACT FOR THE,FOLLOWING CALLS: S 52°45'43"E FOR A DISTANCE OF 40.54 FEET TO A PONT; S 82°20'15"E FOR A DISTANCE OF 48.97 FEET TO A POINT; S 51°21'25"E FOR A DIS'T'ANCE OF 47.80 P1.011 1'O A PO1NI'; S 04°40'56"E FOR A DISTANCE OF 57.64 FEET TO A POINT; S 38°52'14"E FOR A DISTANCE OF 172.51 FEET TO A POINT; S 64°04'14"E FOR A DISTANCE OF 38.40 FEET'1'0 A POINT; S 68°18'24"E FOR A DISTANCE OF 103.46 FEET TO A POINT; S 36°53'15"E FOR A DISTANCE.OF 18.66 FEET TO A POINT; S 87°03'20"E FOR A DISTANCE OF 33.45 FEET TO A POINT ON THE SOUTHEAST LINE OF SAID 35.37 ACRE TRACT AND TILE NORTHWEST LINE OF WILLIAM D. FII'CI-1 PARKWAY. FOR REFERENCE, A ' INCA IRON ROD WI'T'H CAP MARKED 'SMKLING RPLS 2003' FOUND MARKING THE EAST CORNER OF SAID 35.37 ACRE. TRACT AND THE SOUTFIEAS'I'CORNER OF A CALLED 82.36 ACRE TRACT OF LAND AS DESCRIBED BY A DEED 10 MILTON BARRY HENDLER, JR. RECORDED IN VOLUME 9877,PAGE 119 OF TILE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, 'TEXAS BEARS:N 4I°26'20"C FOR A DISTANCE OF 357.74 FEET; THENCE: S 41°26'20"W ALONG TITE NORTHWEST LINE OF WILLIAM D.FI'TCH PARKWAY FOR A DIS'T'ANCE OF 438.86 FEET TO A F,INCFI IRON ROD WITI-I PLASTIC CAP MARKED 'KERR 4902'SET: THENCE: S 42° 13' 11" \V CONTINUING ALONG THE NORTHWEST LINE OF WILLIAM D. I'IT'CH PARKWAY FOR A DISTANCE OF 399,44 FEET TO 'THE POINT OF BEGINNING CONTAINING 9.601 ACRES OF LAND (CALCULATED SURFACE) AS SURVEYED ON THE GROUND JUNE, 2017. SEE PLAT PREPARED JULY, 2017, FOR MORE DESCRIPTIVE INFORMATION. DISTANCES SHOWN HEREIN ARE GRID DISTANCES. '10 DETERMINE SURFACE DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 1,0000954598. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 U.IOBSU 7-367117-36713.ducx ORDINANCE NO.2017-3939 Page 5 01.7 The following property is rezoned from R Rural to NAP Natural Areas Protected: METES AND BOUNDS DESCRIPTION OF A 4.634 ACRE TRACT THOMAS CARUTHERS LEAGUE,A-9 COLLEGE STATION,BRAZOS COUNTY,TEXAS MITES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN'TRACT OR PARCEL OF LANE) LYING AND BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE,ABSTRACT NO,9, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 35.37 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO IIARTZELL ELKINS RECORDED IN VOLUME 1920,PAGE 323 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID 'TRACT BEING MORE PARTICULARLY DESCRIBE!) BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A'L INCH IRON ROD WITH CAP MARKED`SMKLING RPLS 2003'FOUND (N:10199649.50,1::3587078.56)ON THE NORTHWEST LINE OF WILLIAM D.FITCH PARKWAY (CALLED 19.53 ACRE R.O.W.'1'RACT,3436/131)MARKING THE EAST CORNER OF SAID 35.37 ACRE TRACT AND THE SOUTHEAST CORNER OF A CALLED 82.36 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO MILTON BARRY HENDLER,JR. RECORDED IN VOLUME 9877, PAGE 119 OF THE. OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. COORDINATES AND BEARING SYSTEM SHOWN'HEREIN ARE NAD83(TEXAS STATE PLANE CENTRAL ZONE—GRID NORTI1)BASED ON THE PUBLISHED COORDINATES OF THE C1'I'Y OF COLLEGE STATION CONTROL MONUMENT CS94-257(N:10194481,85,E:3593 I 70.56)AND AS ESTABLISHED BY GPS OBSERVA'T'ION; THENCE: S 41°26'20"W ALONG THE NORTHWEST L1NE OF WILLIAM D.FITCH PARKWAY FOR A DISTANCE OF 357.74 FEET TO A POINT MARKING THE SOUTH CORNER OF THIS HEREIN DESCRIBED TRACT. FOR REFERENCE, A H INCH IRON ROI.)WITH PLASTIC CAP MARKED'KERR 4502'SET BEARS:S 41°26'20"W FOR A DISTANCE OF 438.86 FEET(TOTAL THENCE: THROUGH SAID 35,37 ACRE TRACT FOR THE FOLLOWING CALLS: N 87°03'20"W FOR A DISTANCE OF 33.45 FEET TO A POINT; N 36°53'15"W FOR A DIS'T'ANCE OF 18.66 FEET"To A POINT; N 68°18'24"\V FOR A DIS'T'ANCE OF 103.46 FEET TO A POINT; N 64°04'14"W FOR ADISTANCE OF38.40FEET TOAPOINT; N 38°52'14"W FOR A DISTANCE OF 172.51 FEET'"TO A POINT; N 04°40'56"\V FOR A DISTANCE OF 57.64 FEET TO A POINT; N 51°21'25"W FOR A DISTANCE OF 47.80 FEE l'10 A POINT; N 82°20' 15"W FOR A DISTANCE OF 48.97 FEET TO A POINT; N 52°45'43"\V FOR A DISTANCE OF.40.54 FLET TO A POINT ON THE COMMON LINE OF SAID 35.37 ACRE TRACT AND SAID 82.36 ACRE TRACT.FOR REFERENCE,A'H INCH IRON ROI)WITH CAP MARKED'SMKLING RPLS 2003'FOUND BEARS:S 41°40' 24"W FOR A DISTANCE OF 35.57 FEET AND ANOTHER V INCH IRON ROD WITH CAP MARKED `SMKLING RPLS 2003' FOUND ON THE NORTHEAST LINE OF ROCK PRAIRIE ROAD BEARS:S 41'40'24"LV FORA DISTANCE OF 2683.43 FEET; THENCE: N 41°40'24"E ALONG THE COMMON LINE OF SAID 35.37 ACRE TRACT AND SAID 82.36 ACRE TRACT FOR A DISTANCE OF 385.66 FEET TO A'/z INCH IRON ROD WITH PLASTIC CAP MARKED 'KERR 4502' SET. FOR REFERENCE, A 6 INCH CEDAR FENCE CORNER POST FOUND BEARS:S 20°00' 16"E FOR A DISTANCE OF 1.04 FEET; THENCE: S 48° 19'36" E ALONG THE COMMON LINE OF SAID 35.37 ACRE TRACT AND SAID 82.36 ACRE TRACT FOR A DISTANCE OF 517.73 FEET(DEED CALL:S 45° 15' 11"E— 517.65 FEET,192(1/323)TO THE POINT OF BEGINNING CONTAINING 4.634 ACRES OF LAND (CALCULA'T'ED SURFACE) AS SURVEYED ON THE GROUND JUNE, 2017. SEE PLAT PREPARED JULY, 2017, FOR MORE DESCRIPTIVE INFORMATION. DISTANCES SHOWN HEREIN ARE GRID DISTANCES.TO DETERMINE SURFACE DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 1.0000954598. BRAT)KERR REGISTERED PROFESSIONAL, • LAND SURVEYOR No.4502 v1.10BS\I7-3O/ ) -367A dog5 ORDINANCE NO.2017-3939 Page 6 of 7 EXHIBIT "B" x II RI � I M e::.nb U U o " , F_ W �� �y 1 Yn Rr9r Sm23 �� � U ��n6n`��om �Q w :sOTa »H �,,,, a Q w ,, oo_ Neel = ;31Z O Q i• a' z o 1T6,Y g gg ••ZCL, d Z% O M Q g 0 8A'8 8 M 6 C N N �am g 59"3 v 1 H o w f w a 8 U-, c 0 t e.4' 1,:- r 94 - In r '"'�"" b 'yqqby ae o i A. '''.4,',;\ �� b?q, GNU�@� 8 e'er, k, Va. 13 ppp, .pry .. � Y4 ern �, ! yg 3g^e ro C cDi`, ,,^>, 88i p AtOgg F g `. ,J / F opl s ORIs MI cg inI 0,1 Le say€i ;. is AP 4 NO ih €b p o „ 44 I iia Fels$ niN a 04 044 R 6 VI Y 110N1 1 oN a0 X11 ORDINANCE NO.2017-3939 Page 7 of 7 EXHIBIT "C" s I p - / i ,i--._------.4. F t . ++ r- 0 aye fir' .r• Z 2 . n` a CI n. .n 0 C5) Z w 0 0 ce - Sad d. O D . Q N' E: N U V m a N - 'r v O 1:3 1 ; Ill 17, lay LO .� , 4 N ,' 4-. i lit V\' . V7 I' h < :r. ......., FFFiiiTTT . 4 y F i4 0 e4,0y>P I ��•w 4. Z e �- sF . �i C > v O Lu 171 .« W I gOgc°"')Y a 0lp4 4�.