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HomeMy WebLinkAbout2021-4257 - Ordinance - 04/08/2021ORDINANCE NO. 2021-4257 AN ORDINANCE 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 R RURAL TO GS GENERAL SUBURBAN ON APPROXIMATELY 5 ACRES OF LAND LOCATED AT 3006 NORTON LANE 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”, and Exhibit “B” 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. 2021-4257 Page 2 of 5 PASSED, ADOPTED, and APPROVED this 8th day of April, 2021. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2021-4257 Page 3 of 5 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 R Rural to GS General Suburban: METES AND BOUNDS DESCRIPTION OF A 4.9977 ACRE TRACT ROBERT STEVENSON LEAGUE, A-54 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL OF THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 5.00 ACRE TRACT OF LAND AS DESCRIBED AS TRACT ONE IN A DEED TO KD HOMEBUILDERS, LLC RECORDED IN VOLUME 16014, PAGE 39 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (O.P.R.B.C.T.). SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND (Y:10188354.68, X:3566504.44) MARKING THE MOST WESTERLY SOUTH CORNER OF SAID 5.00 ACRE TRACT, THE SOUTHEAST CORNER OF A CALLED 4.819 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO CHRISTOPHER A. DALE AND WIFE, JANETTE C. DALE RECORDED IN VOLUME 3489, PAGE 295 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS AND THE MOST NORTHERLY CORNER OF A CALLED 4.84 ACRE TRACT OF LAND AS DESCRIBED IN A DEED TO PRESTON CHAMBLEE AND CHERYL CHAMBLEE RECORDED IN VOLUME 1327, PAGE 331 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS (O.R.B.C.T.); FOR REFERENCE, A 1/2 INCH IRON ROD WITH RED PLASTIC CAP FOUND MARKING THE COMMON CORNER OF SAID 4.819 ACRE TRACT AND SAID 4.84 ACRE TRACT AND THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED AS TRACT TWO IN SAID DEED, 16014/339 (O.P.R.B.C.T.) BEARS: S 79° 21’ 07” W A DISTANCE OF 453.58 FEET (DEED CALL: S 80° 36’ 10” W – 453.62 FEET, 3498/295, O.P.R.B.C.T.); 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 CS94-137 AND AS ESTABLISHED BY GPS OBSERVATION; DISTANCES SHOWN HEREIN ARE GRID DISTANCES UNLESS OTHERWISE NOTED, AREAS SHOWN HEREIN AS MEASURED ARE CALCULATED FROM GRID DISTANCES, TO OBTAIN SURFACE DISTANCES (NOT SURFACE AREAS) MULTIPLY BY A COMBINED SCALE FACTOR OF 1.00010094726273 (CALCULATED USING GEOID12B); THENCE: N 08° 58’ 05” W ALONG THE COMMON LINE OF SAID 5.00 ACRE TRACT AND SAID 4.819 ACRE TRACT FOR A DISTANCE OF 401.04 FEET (DEED CALL: N 07° 41’ W – 402 FEET, 16014/39, O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED ‘KERR 4502’ SET ON THE SOUTH LINE OF A 20’ WIDE COMMON AREA AS SHOWN ON THE PLAT OF SOUTHERN TRACE SUBDIVISION, PHASE 2 RECORDED IN VOLUME 7906, PAGE 209 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS MARKING THE MOST NORTHERLY WEST CORNER OF THIS HEREIN DESCRIBED TRACT AND THE NORTHEAST CORNER OF SAID 4.819 ACRE TRACT; FOR REFERENCE, A 1/2 INCH IRON ROD WITH CAP STAMPED ‘K MCCLURE RPLS 5650’ FOUND ON THE SOUTH LINE OF SAID SUBDIVISION BEARS: N 86° 03’ 52” W A DISTANCE OF 764.35 FEET; THENCE: S 86° 03’ 52” E ALONG THE SOUTH LINE OF SAID SUBDIVISION, AT A DISTANCE OF 250.94 FEET PASS A 1/2 INCH IRON ROD FOUND MARKING THE MOST SOUTHERLY EAST CORNER OF SAID SOUTHERN TRACE PHASE 2 AND THE MOST WESTERLY CORNER OF COMMON AREA 1 AS SHOWN ON ORDINANCE NO. 2021-4257 Page 4 of 5 THE PLAT OF CITYVIEW SOUTHWEST SUBDIVISION RECORDED IN VOLUME 14698, PAGE 88 IF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUING ALONG THE SOUTH LINE OF SAID CITYVIEW SUBDIVISION FOR A TOTAL DISTANCE OF 340.19 FEET (DEED CALL: S 84° 53.5’ E – 335 FEET, 16014/39, O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED ‘KERR 4502’ SET MARKING THE MOST NORTHERLY EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 48° 26’ 06” E ALONG THE SOUTHEAST LINE OF SAID CITYVIEW SUBDIVISION FOR A DISTANCE OF 503.74 FEET (DEED CALL: S 47° 08.4’ E – 505.75 FEET, 16014/39, O.P.R.B.C.T.) TO A POINT IN A 10 INCH TREATED FENCE POST FOUND MARKING THE MOST EASTERLY CORNER OF THIS HEREIN DESCRIBED TRACT AND THE NORTH CORNER OF LOT 7, BLOCK 2, WESTMINSTER SUBDIVISION PHASE ONE AS SHOWN ON THE PLAT RECORDED IN VOLUME 2016, PAGE 61 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 63° 04’ 33” W ALONG THE NORTHWEST LINE OF SAID LOT 7, AT A DISTANCE OF 0.67 FEET PASS A 1/2 INCH IRON ROD FOUND, CONTINUING FOR A TOTAL DISTANCE OF 265.15 FEET (DEED CALL: S 64° 37’ W – 264.54 FEET, 16014/39, O.P.R.B.C.T.) TO A 1/2 INCH IRON ROD WITH PLASTIC CAP STAMPED ‘KERR 4502’ SET MARKING THE COMMON CORNER OF SAID 5.00 ACRE TRACT AND SAID 4.84 ACRE TRACT; FOR REFERENCE, A 1/2 INCH IRON ROD FOUND MARKING THE WEST CORNER OF LOT 5 OF SAID BLOCK 2 BEARS: S 63° 04’ 33” W A DISTANCE OF 549.76 FEET (TOTAL PLAT CALL: S 66° 21’ 06” W – 814.74 FEET, 2016/61, O.P.R.B.C.T.); THENCE: N 78° 57’ 08” W ALONG THE COMMON LINE OF SAID 5.00 ACRE TRACT AND SAID 4.84 ACRE TRACT FOR A DISTANCE OF 425.25 FEET (DEED CALL: N 78° 03’ W – 425.0 FEET, 16014/39, O.P.R.B.C.T.) TO THE POINT OF BEGINNING CONTAINING 4.9977 ACRES OF LAND (AS MEASURED BY GRID DISTANCES), MORE OR LESS, AS SURVEYED ON THE GROUND OCTOBER 2020. SEE PLAT PREPARED OCTOBER 2020 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 DATE: 10/02/2020 KERR SURVEYING, LLC | 409 N. TEXAS AVENUE, BRYAN, TEXAS 77803 979-268-3195 | BRAD@KERRSURVEYING.NET | TBPELS FIRM# 10018500 ORDINANCE NO. 2021-4257 Page 5 of 5 Exhibit B