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Home My WebLink About2017-3944 - Ordinance - 09/25/2017 ORDINANCE NO. 2017-3944 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 FROM R RURAL TO E ESTATE ON APPROXIMATELY FIVE ACRES GENERALLY LOCATED AT 15590 WHITE'S CREEK LANE CERTAIN PROPERTIES 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 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. PASSED,ADOPTED, and APPROVED this 25th day of September, 2017. ATTEST: APPRO E 1 : CAa 4.400- City ecret, or i APPR VED: C 7) City Attorney ORDINANCE NO. 2017-3944 Page 2 of 5 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 E Estate: FIELD NOTES OF A 4.84 ACRE TRACT BEING OUT OF THE AUGUST BABILLE SURVEY,A-75 CITY OF COLLEGE STATION,BRAZOS COUNTY,TEXAS Being all of that certain lot, tract or parcel of land containing 4.48 acres,being out of the August Babille Survey, A-75, in the City of College Station,Brazos County,Texas, according to the deed to BK Homes Development,Inc., recorded in Volume 13729 Page 190 of the Official Records of Brazos County, Texas. Said 4.84 acre being a combination of two tracts and a save and except tract out of an unrecorded addition along Whites Creek Road, being out of a 29.476 acre tract of land described in a deed to Lonnie Stabler recorded in.Volume 340 Page 511. The three consist of'. Tract One being a 1.24 acre tract;Tract Two being a 3.811 acre tract;and the Save and Except being a 0.205 acre tract of right of way expansion of Greens Prairie Road West,a city road. Said 4.84 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2"iron rod found at the northwest corner of the herein described 4.84 acre tract,and being a point along the southeast right of way line of Greens Prairie Road West. Point being the south corner of the said Save and Except expansion. THENCE along the southeast right of way line of Greens Prairie Road\Vest and the common line between the said Save and Except expansion and the herein described 4.84 acre tract, lave calls; I) N 45°50'45"F, a distance of 143.95 feet to a 1/2"iron rod set. 2) N 53011'SI"F, a distance of 267.85 feet to a 1/2"iron rod set. 3) N 45°50'10"E, a distance of 100.35 feet to a 1/2"iron rod set. 4) N 45°15'19"W, a distance of 16.75 feet to a 1/2"iron rod found. 5) N 49°08'46"F,a distance of 50.15 feet to a 1/2"iron rod set at a point along the southwestline of a 7.578 acre tract of land described in a deed to Howard Shoemake recorded in Volume 10982 Page 42. Point being along the north line of the said Tract Two 3.811 acre tract. THENCE along the common line between the Shoemake 7.578 acre tract, the Tract Two 3.811 acre,and the herein described 4.84 acre tract, S 45°55'13"F.a distance of 11.3.59 feet to a 1/2"iron rod set at the north corner of a 2.46 acre tract of land described in a deed to Milton E. Rister recorded in Volume 1187 Page 646. ORDINANCE NO.2017-3944 Page 3 of 5 THENCE along the common line between the Rister 2.46 acre tract, the Tract Two 3.811 acre tract,and the herein described 4.84 acre tract, two calls: 1) S 13°31'06"W, a distance of 338.62 feet to a 3/8"iron rod found. 2) S 44'58'17" E,passing on line a distance of 29.96 feet,a 3/8" iron rod found at the north corner of The said Tract One 1.24 acre tract as the common corner with Tract Two 3.811 acre tract, then continue along the common line between the Tract One 1.24 acre tract and the Rister 2.46 acre tract,a total distance of 254.81 feet to a 1/2" iron rod set at the north corner of a 1.45 acre tract of land described in a deed to Matt and Evelyn Medlock recorded in Volume 699 Page 656. THENCE along the common line between the Medlock 1.45 acre tract,the Tract One 1.24 acre tract,and the herein described 4.84 acre tract, S 44°53'04"W, a distance of 269.94 feet to a 1/2" iron rod set at a point along the northeast line of a 368.57 acre tract of land described in a deed to OGC CNO JV, LLC, recorded in Volume 13744 Page 240. THENCE along the common line between the OGC CNO JV, LLC 368.57 acre tract, the Tract One 1.24 acre tract,and the herein described 4.84 acre tract, N 45°13'48"W, passing on line the common corner of Tract One 1.24 acre tract and Tract Two 3.811 acre tract, then continuing a total distance of 574.43 feet to THE POINT OF BEGINNING and containing 4.84 acres of land according to a survey performed on the ground under the supervision of Paul Williams Registered Professional Land Surveyor No. 5743, on March 6, 2017. ° ��r,✓' ►. . Page 4 of 5 ORDINANCE NO.2017-3944 EXHIBIT "B" —Rezoning Map .: . r ft 1/ // .r.:.,:,::t i';* E zcI•ka g,32,-„•'ci P,P' glii .:_ ,,:; . ,:,4 ->\ ''%./ t , 'T.i W.dU ' r- " rtlAii,Ith:011; ., t"T=IP 4 ., , , . _,., 2._ -2,8,8i .....i..1, 4-fl. .,,,- \\.,. -,, ,:l r ?,if: :'..,-q :',-*'-' 010 t, --•-,- Lazt'6en. "0,14q gfeAl 0 ?, itl,t Nd':i!;.:,',',,Ii.P:: ff. E Pi' aftei ,.. IOU1 . 1 .! 41,:ft ij ;i: . •1 4? li F. 4 -%, !; i7q., i 2 17..:i 'il, '.1;i , ig lT.14 .-:;. r; .-IPWili i' .''.1i! ii :-' 1„ZP,;1!11 !•-:' ,';ii il iWT:i W-;.1,1•M ;',1.: .-.1! g' F SW!40i' AHijWI i4W:isi li•A 11.1i4l1iii ;10,1! ;!i; ii,::. ,•-:1 -:y.'0,ii ;1,,, i,1 ii0,1V- ' lIZMIV,:121. :Wj,1,=1 :•,,,..?,,,..- ,1!). ''',,i--,.i!';'. .i ,':i-t,,j' -,-,'.tgr--,.,, •,',:i•-1-i"''',e14 ,;q34 / Z J; -•il k ',.1.:-. ti 4 '•f] .7,q, V4 --‘-@-1 / 'e- g'-')' / , ,, t'H ,., ,,, -4, '''.-''9.9k.4.4, ---,, 6 \ ' -----•,/ Ar --•...._. -„ „..r ilo Co .-, •;,,, ,J ;.',. • , --- '..' . ".- - e', ..:5 •s, -,..2. 0 'kb '-'-',. :,,,•,•<. : ..,-, ':-,:'• 4" to \ \ \ \ \ \ ORDINANCE NO.2017-3944 Page 5 of 5 EXHIBIT "C" , , , / ... //7(‘• W":"-- •7 N , ,. 0 g \ \,,,, • \ , ,\ • , ._________ • 0 •-•-, ..„______ . ,,, 4„,..,.4 J. ,„ ,,,,,•-...,,„ ...--..„... ...... / • 44iiitiss.\ H ce 0 ------ , 11 / . . ,.. , ... . ,.. -- HITE'S CREEK 0 / ,0-- / Z CD •4\40,,, . -`,.. y N ., 1— .— — o x r,i _ - , -0 c N . ce a) t3 , (.0)‘a> ce '5 1-... ce •••• .0 :13 D in its)I 0 \