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Home My WebLink About2007-2990 - Ordinance - 07/26/2007ORDINANCE NO. ORDINANCE NO. 2990 Page 1 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; 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 Chapter 12, "Unified Development Ordinance," Section 4.2, "Off cial Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: 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 26t" day of July, 2007 TEST: ity ecretary APPROVED: City Attorn APPROVED: MAYOR ORDINANCE NO. 2990 Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," 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 C-1 General Commercial to P-MUD Planned Mixed-Use District and A-O Agricultural Open and shown graphically in Exhibit "B": Tract I: 3.853 acres from C-1 General Commercial to P-MUD Planned Mixed-Use District: rev METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, $RAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE COMMUNITY SHOPPING CENTER (RESERVED) TRACT, REDMOND TERRACE, FIRST WSTALLMENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 188, PAGE 295 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 3.965 ACRES AS DESCRIBED BY A DEED TO BRIGHT LIGHT CORPORATION RECORDED IN VOLUME 1375, PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A %: INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TEXAS AVENUE (VARIABLE WIDTH R.O. W J MARKING THE MOST EASTERLY NORTH CORNER OF SAID 3.965 ACRE TRACT AND THE EAST CORNER OF LOT 1, BLOCK 7, REDMOND TERRACE, F1RST INSTALLMENT ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 345, PAGE 711 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS: THENCE: S 50° 1 T 31 " E ALONG THE SOUTHWEST LINE OF TEXAS AVENUE FOR A DISTANCE OF 398.55 FEET TO A 5/8 INCH IItON ROD FOUND MARKING THE NORTH CORNER OF A CALLED 0.364 ACRE TRACT AS DESCRIBED BY A DEED TO BKXL PARTNERS N0.2 LTD. RECORDED IN VOLUME 7207, PAGE 27 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 39° 29' 18" W ALONG THE COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID 0.364 ACRE TRACT FOR A DISTANCE OF 99.98 FEET TO A % INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID 0.364 ACRE TRACT; THENCE: S 50° OS' 13" E CONTINUING ALONG THE COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID 0.364 ACRE TRACT FOR A DISTANCE OF 9.99 FEET TO A'h INCH IItON ROD FOUND MARKING THE NORTH CORNER OF LOT 10, BLOCK 3, REDMOND TERRACE, FIRST INSTALLMENT (PLAT 188/295); THENCE: S 39° 49' S7" W ALONG THE.COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID LOT 10 FOR A DISTANCE OF 125.71 FEET TO A 518 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF LOT 9 AND LOT 8, BLOCK 3, AND THE SOUTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 70° 00' S2" W ALONG THE COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID LOT 8 FOR A DISTANCE OF 470.37 FEET TO A PO1T MARKING THE EXTENSION OF THE NORTHEAST LINE OF A 45.00 FOOT WIDE CHANNEL EASEMENT (PLAT 188/395); THENCE: N 50° 42' 29" W THROUGH SAID 3.965 ACRE TRACT AND ALONG THE NORTHEAST LINE OF SAID CHANNEL EASEMENT AND THE EXTENSION THEREOF FOR A DISTANCE OF 165.00 FEET TO A PORJT ON THE SOUTHEAST LINE OF MILLIFF ROAD MARKING THE MOST WESTERLY CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 39° 33' 32" E ALONG THE SOUTHEAST LINE OF MILLIFF ROAD FOR A DISTANCE OF 235.90 FEET TO A '/z INCH IRON ROD FOUND MARKING THE WEST CORNER OF LOT 2, BLOCK 7, REDMOND TERRACE, FIRST INSTALLMENT ADDITION (PLAT 345/711); THENCE: S 50° ]0' 47" E ALONG THE COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID LOT 2, BLOCK 7, FOR A DISTANCE OF 200.05 FEET TO A POINT IN THE CORNER OF AN EXISTING CONCRETE RETAINING WALL MARKING THE SOUTH CORNER OF THE AFOREMENTIONED LOT I, BLOCK 7; ORDINANCE NO. 2g9o THENCE: N 39° 35' l7" E ALONG 'I7IE COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID LOT I, BLOCK. 7, FOR A DISTANCE OF I50.I4 FEET TO TILE POINT OF BEGINNING CONTAINING 3.853 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND MAY, 2007. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD K:ERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORKJMAB/071I37A.MAB Page 3 ORDINANCE NO. 299o Page 4 Statement of Purpose & Intent: To redevelop the site into an urban mixed-use development with the mix of uses consisting of retail, restaurants, office and residential attached housing. The ground floor of all structures on site must be solely for commercial use. Meritorious Modifications Approved with Zoning: A waiver to the Non-Residential Architectural Standards for Pod Parking -the requirement for additional parking islands. (Section 7.9.B.7 of the Unified Development Ordinance) Public Street Modifications Discussed by the City Council: The following street modifications were proposed by the Developer: Redmond Drive will be closed off to through-traffic with a "911 Emergency Gate" (as shown in the schematic below). In addition, aturn-around, meeting minimum City requirements, must be provided on the east side of the gate. All access points from the subject property and the adjacent Meridian apartments will have an "exit only" gate across them, to be installed, owned, and maintained by the property owner. Milliff Road will be converted to a one-way street section approximately 180 feet from the intersection of Milliff Road and Rosemary Drive (see schematic below). The street section will be restricted to one-way by use of striping and signage only - no barriers or devises that may restrict fire and emergency access will be permitted. All gates and road improvements will be installed and paid for by the Developer and with the development of the mixed use project. No Certificates of Occupancy will be issued on the subject property until these improvements have been made and accepted by the City. . oho ~! ~`~~ \\.~~. -rte ~ ~~~~;~ sa`FyG / i~f F 6'ps~~q `. ~' r ....~,~ ~-ice ~~c~ A~ pd~k~n9S~uCru ``a`~~Qr'( re ~w ORDINANCE NO. 2990 Concept Plan Approved with the Planned Mixed Use Zoning: 1 ` y ~ ~~ Z 3 Y~ i .~. jS ~ 4. $ ~. ~ ~ a ed ~ ~7d : t=;:~ .. 1 Y~~g~ ~4~a ¢~ ~ ~i= 3 ~:~~ i ~ iii ~ { ~ -, pl g g !!!i i ! _/ in 8 = II V Z ~= -~ .' w , a , C V N ~. ~~ - r, o~~ ~~k. r ::~v f, .. ,r ;~ ~~~ ;~ _ \ __ `` g~ =s s` i /~ ~v~ // ~~ ~~~ i ' ~`/ ~' ~•~ ~ y~ ~~ .; ~• ~~ + ., ~ i ~~i- ~! / _ _ ~~. ,' '~ ..~ \\ ~~ ~~. ~ \, i i _ B~ _` / Vii; ; ~~ • '~ ~ ~~; iii /`` i ~' ~ ~ /; , ~ `, ~~ i ,__ ;. .. ~ , ~' i ~ ~ ~~ ~0 4 \ ~ ~ . 1 `\~ JI < ~' i ~ f/ ~ / /~. i`'\, I / / / ~\ ~ _ / ~ / "~ .~ / Page 5 ORDINANCE NO. 2990 Tract II: 0.104 acres from C-1 General Commercial to A-O Agricultural Open: METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE COMMUNITY SHOPPING CENTER (RESERVED) TRACT, REDMOND TERRACE, FIRST INSTALLMENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 188, PAGE 295 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 3.965 ACRES AS DESCRIBED BY A DEED TO BRIGHT LIGHT CORPORATION RECORDED IN VOLUME 1375, PAGE 284 OF THE OFFICIAL PUBLIC RECORDS OF BRA7AS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A %: INCH IRON ROD FOUND ON THE 5OUTHEAST LINE OF MILLIFF ROAD (SO' RO. W.) MARKING THE MOST WESTERLY NORTH CORNER OF SAID 3.965 ACRE TRACT AND THE WEST CORNER OF LOT 2, BLOCK 7, REDMOND TERRACE, FIRST INSTALLMENT ADDITION, ACCORDING TO TIIE PLAT RECORDED IN VOLUME 345, PAGE 711 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 39° 33' 32" W ALONG THE SOUTHEAST LINE OF' MILLIFF ROAD FOR A DISTANCE OF 235.90 FEET TO A POI13T ON THE NORTHEAST LINE OF A CALLED 45.00 FOOT W[llE CHANNEL EASEMENT (PLAT 1881295) MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: S 50° 42' 29" E THROUGH SAID 3.965 ACRE TRACT' AND ALONG THE NORTHEAST LINE OF SAID CHANNEL EASEMENT AND THE EX'['ENSION THEREOF FOR A DISTANCE OF 165.00 FEET TO A POINT ON THE COMMON LINE OF SAID 3.965 ACRE TRACT AND LOT 3, BLOCK 3, REDMOND TERRACE, FIRST INSTALLMENT, (PLAT 188/295), FOR REFERENCE A S/8 INCH IItON ROD FOUND MARKING THE SOUTH CORNER OF SAID 3.965 ACRE TRACT BEARS: S 70° 00' S2" E FOR A DISTANCE OF 470.37 FEET; THENCE: N 70° 00' S2" W ALONG THE COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID BLOCK 3 FOR A DISTANCE OF 134,44 FEET TO A POINT MARKING AN ANGLE POINT IN THE NORTHEAST LINE OF LOT 1 A, BLOCK 3, REDMOND TERRACE, FlltST INSTALLMENT, ACCORDING TO THE PLAT RECORDED IN VOLUME 1794, PAGE 73 OF THE OFFICIAL PUBLIC RECORDS OF ARAZOS COUNTY, TEXAS; THENCE: N 52° 07' S3" W ALONG THE COMMON LINE OF SAID 3.965 ACRE TRACT AND SAID LOT lA FOR A DISTANCE OF 38.34 FEET TO A POINT ON THE SOUTHEAST LINE OF MILLIFF ROAD MARKING THE WEST CORNER OF SAID 3.965 ACRE TRACT; THENCE: N 39° 33' 32" E ALONG THE SOUTHEAST LINE OF MILLIFF ROAD FOR A DISTANCE OF 45.40 FEET TO THE POINT OF BEGINNING CONTAINING 0.104 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND MAY, 2007. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERB REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 ~ 'r,>'l'_<~;.. ,~ .~ a.` ~ y, tii D:lWORK/MAB/07-437B_MAB ~_. ?.. , c Page 6 ORDINANCE NO. 2990 EXHIBIT "B" Page 7