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Home My WebLink About2024-4542 - Ordinance - 08/22/2024ORDINANCE NO. 2024-4542 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 AFFECTING APPROXIMATELY 3.66 ACRES BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, INCLUDING PORTIONS OF LOT 5 AND LOT 6 OF THE D.A. SMITH SUBDIVISION AS DESCRIBED BY PLAT RECORDED IN VOLUME 49, PAGE 106 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND SUBSEQUENT REPLATS OF PORTIONS OF THESE TWO LOTS, WITHIN AN AREA GENERALLY BOUNDED BY LINCOLN AVENUE, NIMITZ STREET, AND EISENHOWER STREET, 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: PART 2: 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", Exhibit "B", and Exhibit "C" attached hereto and made a part of this Ordinance for all purposes. 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. 2024-4542 Page 2 of 7 PASSED, ADOPTED, and APPROVED this 22nd day of August, 2024. ATTEST: APPROVED: City Secretary MXyor APPROVED: City Attorney ORDINANCE NO. 2024-4542 Page 3 of 7 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 and is to read as follows: The following properties are rezoned to MH Middle Housing with a HOO High Occupancy Overlay zoning. BASELINE LICC City -Initiated Rationing Proposed Area "OO" (Avenue A & vieir ty) Portions of Lots 5 and 6 D.A. Smith Subdivision College Station, Texas May 2024 All of that certain Tract or paroel of land lying and being situated in the Richard Carter league, abstract no. 8, in College Station. Brazos County, Texas, including portions of Lot 5 and Lot 6 of the D.A. Smith Subdivision as described by plat recorded in volume 49, page 106 of the Deed Records of Brazos County, Texas_ and subsequent re plats of portions of the two lots, within an area generally bounded by Lincoln Avenue, Nimitz Street, and Eisenhower Street, and being mare particularly described as foliows: Beginning at an `at" mark found cut in concrete marking the intersection of the southwest right-of- way boundary of Avenue A and the northwest right-of"vray boundary of Lincoln Avenue, being the ease corner of Lot 5-1 as described by the plat of Lots 5-1 through 5-6, O.A. Smith Subdivision recorded in volume 4586, page 78 of the Official Public Records of Brazos County, Texas, from where City of college $lotion control monument no, 122 bears N 6° 30' 16" W-2256,2 teen Thence across Avenue A and along the northwest right-oPivay boundary of Lincoln Avenue as follows: N 34" 17' 36• E — 30.53 feet', N 41' 30' 03" E — 67.39 feet'. and N 41` 57' 36" E — 19.37 feet' to the beginning of a non•tangent curve to the [eft with a radius of 28.00 feel; Thence along said curve to the left through a central angle of 50' 20' 09`, the chord of which bears N 5° 52' 35' E — 23.81 feet'_ to its end in the southwest right-of-way boundary of Nimitz Street; Thence along the said southwest boundary of Nimitz Street as follows: N 37' 08' 15" V — 28.133 feel*, N 44` 59' 46° W — 60,41 feet', N 47° 04' 31" W— 69.79 feet', N 48° 08' 51' W — 50,07 feet' (prescriptive right-of-way boundary), 11 46' 32' 30" W — 49.69 feel', N 43° 19' 24' W — 50.46 feet*, N 48° 23' 31 ° 'W — 50.11 feet"_ N 46° 47' 55" W — 50.00 feel', N 49° 13. 45' W — 53.14 feat', N 49° 40' 03" W — 53.00 feet'. N 4a' 15' 46' 1N — 43.83 feat`, and N 51 ° 55' 56• 1n1 — 50.20 feet` to the northwest line of said Lot 6 and a southwest boundary of the College View subdivision, at the north comer of Lot 6-1 of the D.A Smith Subdivision as described by the plat recorded in volume 9912, page 22 of the Official Public Records of Brazos County_ Texas: Thence S 41 ° 25' 54" W— 339.45 feet' along the northwest lines of said Lot 6 and Lot 5, and the southwest boundary of the College Vlew 5ubdmsion. to a point in the middle of Eisenhower Street: Thence S 50' 16' 00" E — 345.54 feet', generally along the middle of pavement of Eisenhower Street to a point for corner of this described tract orr a southwestward extension of the northwest line of Lot 5-5 of the said plat of Lots 5-1 through 5-5: Thence N 41° 02' t}8' E — 180.74 feat', passing the west corner of said Lot 5-5 at 30.3 feet', to the cwnmon corner of Lot 5-5 and Lot 5-6 in the southwest right -of --way boundary of Avenue A: Thence S 48' 27' 52" E —' 301.55 feat`, along the said soulhwest boundary Df Avenue A. tG the Point of Beginning and containing 3.66 acres of land more or less. Rezoning Area CO' (Av enue A 8 vion I1; Pargm I or 2 irn+Sault at Parkway. Suflini Calkeeses .Iexas?reiD 1 9 6K2xrr I T2SruF-1e, 0200 I 1Elaee1re5ir.agusrel ORDINANCE NO. 2024-4542 Page 4 of 7 BASEL/NE =Chi Bearings and `distances are Texas State Plane, Central Zone NAM datum, determined by GPS and checked between City of College Station carrtrol monuments no. 120 and no. 122 (N i7° 0 ' 41' W). Approximate surface distances can be computed by multiplying these provided grid distances by an average combined Scale factor of 1.000100. This document Tree prepared under ZZ Timm Administrative Code §138.95. does not reflect the results of an on the ground survey, and fs not to be used to convey or establish interests in real property except those lights and interests implied or established by the creation or rew-nfigurati n if ti14 twirri4wiry 4f ing p Ii iS51i' 4L ivItIon• for which it was prepared. See sunray exhibit plat dated May 2024. Fismn.'igNa3'Ch7'{Avenus AY. vicinity] Pogo 2 oF2 17iN aer eel P3rkw3r, Sully 164, Calege Sieber. Taa377Ba6 i 976.693.27T1 i T151,'u F-10536200 I aaaelee5u.rer na1 ORDINANCE NO. 2024-4542 Page 5 of 7 BASELINE Eirrtof MI Strom f Eladenno I6GCM I TxlurrF+10113120o • 7C1 2. Fkr,y, Sae 164 Collage 5lulkn. r 77841E 974,E43,2777 I ElewllnuEurv1}vrkrW 1I 111 -re dufF HENRY P MAYO 045 .864 May 2024 St} 100 i e . FS dI t I1oee are rl00e 5#ete -1arr:, :ertrd Pane hirs.019.3 datum, 'Je:eir'1ri J b} 3P5 and checked between rr II 1•' Station control r14rJr'erts ra. '22 ih 17'0.1-41' }{.p1.•ur1Lr.:' surface die:arces erne it :.rr.F nedl sonic foete of 1 0Ll 1CC. Ir 1te me e-x Urld baUrde dc�...npi•1.-n pneparod vn7h thle plet. 5 4 2 leAr s 41.25'54' W - 139,45' (335149') '9helelq,dek 0.11911 ae_ 171.67 pg. 104 Peterson 1}; ocre +raL 24.30 pi. 225 .502 A.Wiue 4, LLr: 024-9 oerr r•ql. 1 F66 pg. ' 65 we71A F F. 99 Lot 5 Pay!a1 C.A. Smith 0.129 acre ' Subdi+riaion vol. 251 role t9 P4' pg_ 105 kobinman I I rat. 839 Area " 00 ' PEI' "5 r 3.66 acres 5-6 role 10244 pp 12.0 I tPi41'012'4�@" E 150.74' 0515.75') 5-5 I rn 15-2 1'15 d..ynua It 0.V 5 ae. rel. 19017 } PO' 25 troelWalters 1� 0.0854 de, rot. 17794. 29' 42 t3se1.stt 4.0e5 ae, rep-1 f. e-a L14 L1.3 L' 2 L:T 7 2. Hrpat alb 922 Ure Dimension Table 4 LI 4 34''7'3E• E 3633' (3a6S) L2 h 41 3 '03" E 67.20' k67.40'1 L3 , .11'ST36" E 19.37' k19.3E'; L4 1• }7'Oi.15' k 25ti' r:•t2'1 LS N 4.4•5I4 4S- k h- -1 . a3-, Le N 4•1144.3'' rr Y_ ... ..~ -.:'1 L: N .1.. ia'5'• r! 1:.t:. :...) Ln N 4fl.13..50 r! +9 ea' :l. •f:'1 Ln N }.s'1n'34'w ryo#r>' iw' .r."1 L19 N 4W33'3'• Y! NCI 'Na'3'1 L11 N 1633'54' r! y691i 30ar'. LIP N 49'1.3'15 r! .3'1' 5.3' S'' LI3 N 19'40k.3' w 33G4' }34''1 L14. N 44 15 16• y1 43 e3' 43 e4' LI5 N 51'SS }FL 1111 563k' 532''.1 1111111 952+ pg. 75 L10 9 L7 6-16 1.3 Raplat vol_ ss1: p9. 91 r 6-12 5-1 I= 0 54fi,.7 phl10F %seta '4 Li - - C d 05 CPS In�11111ra1rf na. ,!� 122 Gan N G'31710• W-22562' ,': (-22e0.4' .uio_e detancel from L. ,he Print of 4egInnri tn.0.OJ This documon- was prepared order 22 Towns .rdmlrlp#rallve CM, ♦ ' 58.9b, dims not reflect the reaula a' or an the graurd survey. and is not == be used #a . or+rey ar es:ab1ish Interests In raol property rreept these nght9 and inkeresks irrplied or rstoblis}ed by The treU:ior 4.11 retahfialJrdti::n of the beurdarp of the pslItIcal aubdlvlolon far which it was prepared. Lincoln Avenue L4 L5 2 l: a jr9 a� 4.475 mk ra4i '3++60' P4. 1278 370 Hrritx L.0a75 o . val. '9617 pa. 20 Fat -iarC er tlet .tl. a533 pg. 'Lea Ln1. ]E1.S 99 50'20'05' 11. 28.00'((2&061 Proposed Rezoning Area 'r00rr Portions of Lots 5 8c 6 D.A. Smith Subdivision College Station, Texas ORDINANCE NO. 2024-4542 Page 6 of 7 Exhibit B That the Follow Conditions must be satisfied before the rezoning becomes effective: 1. Construction of an approved access drive or turnaround, that meets Fire Department standards, be provided within 100 feet of the terminus of Avenue A. This can also be achieved by the extension of Avenue A to Eisenhower Street, Nimitz Street, or Ash Street. Page 7 of 7 ORDINANCE NO. 2024-4542 Exhibit C Housing �'{i' H gh Oi cupincy�r Overlay? `9 �y + Occupancy 0YErldy/'