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HomeMy WebLinkAbout2008-3079 - Ordinance - 06/12/2008ORDINANCE NO. 3079 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, "Official 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 12th day of June , 2008. APPROVED: MAYOR TTCST: ty ecretary APPROVED: m City A torn ORDINANCE NO. 307Q 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 A -O, Agricultural Open to PDD, Planned Development District: ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE JESSE BLEDSOE SURVEY, ABSTRACT NO. 71, AND THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 171.043 ACRE TRACT DESCRIBED AS TRACT ONE BY A DEED TO CREEK MEADOWS PARTNERS, L.P. RECORDED IN VOLUME 7068, PAGE 220 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND ALL OF A CALLED 6.074 ACRE TRACT AS DECRIBED BY A DEED TO CREEK MEADOWS PARTNERS, L.P., RECORDED IN VOLUME 7135, PAGE 265 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS SHOWN IN EXHIBIT `B" AND SHOWN GRAPHICALLY IN EXHIBIT "D" ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE JESSE BLEDSOE SURVEY, ABSTRACT NO. 71, AND THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE SAME TRACT OF LAND CALLED 96.00 ACRES DESCRIBED AS TRACT TWO BY A DEED TO CREEK MEADOWS PARTNERS, L.P. RECORDED IN VOLUME 7068, PAGE 220 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS SHOWN IN EXHIBIT "C" AND SHOWN GRAPHICALLY IN EXHIBIT "D" Purpose Statement: The concept of this development is to provide single - family, multi - family, and commercial development within the master planned community of Creek Meadows in such a way that provides integration of mixed uses within the community. Uses Allowed: Single - family Residential, Detached Duplex Residential Restaurants with and without a drive -thru Dry cleaners & Laundry Fuel Sales ORDINANCE NO. 30.7Q Health Club /Sports Facility, Indoor Personal Service Shop Printing/Copy Shop Retail Sales & Service Conditions: None Page 3 Modifications Possible: Variation to side setbacks for duplex and single - family detached development from 7.5 feet to 5 feet Variation to front setbacks for single - family detached development from 25 feet to 20 feet ORDINANCE NO. 307q EXHIBIT "B" METES AND BOUNDS DESCRIPTION OF A 177.115 ACRE TRACT JESSE BLEDSOE SURVEY, A -71 SAMUEL DAVIDSON LEAGUE, A -13 BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE JESSE BLEDSOE SURVEY, ABSTRACT NO. 71, AND THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 171.043 ACRE TRACT DESCRIBED AS TRACT ONE BY A DEED TO CREEK MEADOWS PARTNERS, L.P. RECORDED IN VOLUME 7068, PAGE 220 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND ALL OF A CALLED 6.074 ACRE TRACT AS DESCRIBED BY A DEED TO CREEK MEADOWS PARTNERS, LP, RECORDED IN VOLUME 7135, PAGE 265 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF GREENS PRAIRIE ROAD (A COUNTY MAINTAINED PUBLIC ROAD) MARKING THE NORTH CORNER OF SAID 171.043 ACRE TRACT AND THE WEST CORNER OF LOT 8, WELLBORN OAKS, ACCORDING TO THE PLAT RECORDED IN VOLUME 345, PAGE 635 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 49 13'20" E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID LOT 8 FOR A DISTANCE OF 411.68 FEET TO A 318 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOT 8 AND LOT 9, WELLBORN OAKS; THENCE: S 49'02'18" E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID LOT 9 FOR A DISTANCE OF 39233 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID LOT 9 AND LOT 10, WELLBORN OAKS; THENCE: S 48" 48'30"E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID LOT 10 FOR A DISTANCE OF 983.70 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE COMMON CORNER OF LOT I I AND LOT 12, WELLBORN OAKS; THENCE: S 48'30'49"E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID LOT 12 FOR A DISTANCE OF 488.99 FEET TO A 3/8 INCH IRON ROD FOUND MARTQNG THE COMMON CORNER OF SAID LOT 12 AND LOT 13, WELLBORN OAKS; THENCE: S 48° 10'04"E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID LOT 13 FOR A DISTANCE OF 388.51 FEET TO A 518 INCH IRON ROD FOUND ON THE WESTERLY LINE OF GREENS PRAIRJ E TRAIL (100 R.O.W.) MARKING THE NORTHEAST CORNER OF SAID 171.043 ACRE TRACT, SAID IRON ROD FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 1010.00 FEET; Page 4 THENCE: ALONG THE WESTERLY LINE OF GREENS PRAIRIE TRAIL FOR THE FOLLOWING CALLS: ORDINANCE NO. 307q Page 5 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 30'34" FOR AN ARC DISTANCE OF 819.86 FEET (CHORD BEARS: S 18" 3I' 56" W - 797.54 FEET) TO THE ENDING POINT OF SAID CURVE; S 04 43' 21" E FOR A DISTANCE OF 1452.01 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 904.93 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47 05'23" FOR AN ARC DISTANCE OF 743.74 FEET (CHORD BEARS: S 18° 49'20" W - 722.98 FEET) TO THE ENDING POINT OF SAID CURVE; S 42 22' 02" W FOR A DISTANCE OF 194.62 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 35.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 IT 25" FOR AN ARC DISTANCE OF 1.40 FEET (CHORD BEARS: S 43° 30'45" W -1.40 FEET) TO A POINT MARKING THE MOST SOUTHERLY CORNER OF SAID 171.043 ACRE TRACT, SAID POINT BEING ON THE FENCED NORTHEAST LINE OF ROYDER ROAD; THENCE: ALONG THE SOUTHWEST LINE OF SAID 171.043 ACRE TRACT, SAME BEING CALLED THE NORTHEAST LINE OF ROYDER ROAD, FOR TIM FOLLOWING CALLS: + N 67° 00'21- W FORA DISTANCE OF 118.80 FEET TO A POINT, N 46" 37 47" W FOR A DISTANCE OF 49.98 FEET TO A POINT; N 38" 43'42" W FOR A DISTANCE OF 374.45 FEET TO A POINT; N 39" 09'45"W FOR A DISTANCE OF 66.70 FEET TO A POINT; N 41 19'26"W FOR A DISTANCE OF 185.58 FEET TO A POINT; N 26 OT 30" W FOR A DISTANCE OF 24.96 FEET TO A POINT; N 73 21'29"W FOR A DISTANCE OF 18.67 FEET TO A POINT, N 75 19'02"W FOR A DISTANCE OF 19.44 FEET TO A POINT, N 47 2947"W FOR A DISTANCE OF 611.80 FEET TO A POINT; N 47" 58'01" W FOR A DISTANCE OF 385.49 FEET TO A POINT; N 49 00'00" W FOR A DISTANCE OF 97.04 FEET TO A POINT; N 47 23'35" W FOR A DISTANCE OF 655.50 FEET TO A POINT; N 39" 13' 11" W FOR A DISTANCE OF 10.57 FEET TO A POINT MARKING THE MOST SOUTHERLY WEST CORNER OF SAID 171.043 ACRE TRACT; THENCE: N 42° 26' 14" E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND A ORDINANCE NO. 307x) CALLED 2 -3/5 ACRE TRACT AS DESCRIBED BY A DEED TO JOHNNY WILBORN AND WIFE, VIOLA WILBORN RECORDED IN VOLUME 74, PAGE 95 OF THE RELEASE RECORDS OF BRAZOS COUNTY, TEXAS, FOR A DISTANCE OF 407.73 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE EAST CORNER OF A CALLED 2.68 ACRE TRACT AS DESCRIBED BY A DEED TO LORENZO AND LANA WIL13ORN RECORDED IN VOLUME 7336, PAGE 54 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 47° 32'4 1" W ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACTAND SAID 2.68 ACRE TRACTFOR A DISTANCE OF 554.92 FEETTO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF A CALLED 3.6981 ACRE TRACT AS DESCRIBED BY A DEED TO BRAZOS COUNTY RECORDED IN VOLUME 5663, PAGE 91 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 42 25'02"E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID 3.6981 ACRE TRACT FOR A DISTANCE OF 209.85 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 6.074 ACRE TRACT; THENCE: N 47 W ALONG THE COMMON LINE OF SAID 6.074 ACRE TRACT AND SAID 3.6981 ACRE TRACT FOR A DISTANCE OF 630.00 FEET TO A 5/8 INCH IRON ROD FOUND ON THE SOUTHEASTLINE OF A CALLED 1.65 ACRE TRACT AS DESCRIBED IN VOLUME 1019, PAGE 627 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 42'26'14" E ALONG THE COMMON LINE OF SAID 6.074 ACRE TRACT AND SAID 1.65 ACRE TRACT FORA DISTANCE OF 302.67 FEET TO A 5/8 INCHIRONROD FOUND MARKING A NORTHWEST CORNER OF SAID 171.043 ACRE TRACT AND THE EAST CORNER OF A CALLED 1 ACRE TRACT AS DESCRIBED BY A DEED TO TOMMIE TOWNSEND AND WIFE LESSIEBELL TOWNSEND RECORDED IN VOLUME 94, PAGE 404 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 47'33'3 8" W ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID 1 ACRE TOWNSEND TRACT FOR A DISTANCE OF 208.89 FEETTOA 5/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 1 ACRE TOWNSEND TRACT; THENCE: N 42 08'42" E ALONG A NORTHWEST LINE OF SAID 171.043 ACRE TRACT FOR A DISTANCE OF 22.16 FEET TO A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF A CALLED 0.662 ACRE TRACT AS DESCRIBED BY A DEED TO ANDREW CHAMBERS AND WIFE, TOMMIEDELL CHAMBERS, RECORDED IN VOLUME 562, PAGE 476 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 49° 10'54"E ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID 0.662 ACRE TRACTFORADISTANCE OF 51.62 FEET TO A 5 /8INCHIRON ROD FOUNDMARKING THE SOUTH CORNER OF SAID 0.662 ACRE TRACT; THENCE: N 41° 00' 28"E CONTINUING ALONG THE COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID 0.662 ACRE TRACT FOR A DISTANCE OF 262.74 FEET TO A 5/8 INCH IRON ROD FOUND MARRING THE EAST CORNER OF SAID 0.662 ACRE TRACT; Page 6 THENCE: N 41 43 W CONTINUING ALONG TIM COMMON LINE OF SAID 171.043 ACRE TRACT AND SAID 0.662 ACRE TRACT FOR A DISTANCE OF 100.12 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 0.662 ACRE TRACT; ORDINANCE NO. 3079 THENCE: N 37'25'56"W ALONG A SOUTHWEST LINE OF SAID 171.043 ACRE TRACT FOR A DISTANCE OF 97.02 FEET TO A POINT; THENCE: N 44° 09'00" W CONTINUING ALONG SAID SOUTHWEST LINE OF 171.043 ACRE TRACT FOR A DISTANCE OF 213.79 FEET TO A POINT ON THE SOUTHEAST LINE OF GREENS PRAIRIE ROAD MARKING THE MOST NORTHERLY WEST CORNER OF SAID 171.043 ACRE TRACT; THENCE: N 43° 08'28" E ALONG THE SOUTHEAST LINE OF GREENS PRAIRIE ROAD FOR A DISTANCE OF 1233.00 FEET TO THE POINT OF BEGINNING CONTAINING 177.115 ACRES OF LAND, MORE OR LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/W0RK/MAB /07- 709B.M4,B Page 7 ORDINANCE NO. 3079 EXHIBIT "C" METES AND BOUNDS DESCRIPTION OF A 96.00 ACRE TRACT JESSE BLEDSOE SURVEY, A -71 SAMUEL DAVIDSON LEAGUE, A-13 BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SPIUATED IN THE JESSE BLEDSOE SURVEY, ABSTRACT NO. 71, AND THE SAMUEL DAVIDSON LEAGUE, ABSTRACTNO.13, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE SAME TRACT OF LAND CALLED 96.00 ACRES DESCRIBED AS TRACT TWO BY A DEED TO CREEK MEADOWS PARTNERS, L.P. RECORDED IN VOLUME 7068, PAGE 220 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF WOODLAKE SUBDMSION, SECTION ONE, ACCORDING TO THE PLAT RECORDED INVOLUME 410, PAGE 415 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND MARKING THE EAST CORNER OF SAID 96.00 ACRE TRACT AND THE NORTH CORNER OF A CALLED 50 ACRE TRACT AS DESCRIBED BY A DEED TO SUSAN LEE HARGRAVE RECORDED IN VOLUME 7951, PAGE 113 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 42'23'1 8" W ALONG THE COMMON LINE OF SAID 96.00 ACRE TRACT AND SAID 50 ACRE TRACT FOR A DISTANCE OF 2583.88 FEET TO A 5/8 INCH IRON ROD FOUND ON THE FENCED NORTHEAST LINE OF ROYDER ROAD; THENCE: ALONG THE FENCED NORTHEAST LINE OF ROYDER ROAD FOR THE FOLLOWING CALLS: N 49'5 12" W FOR A DISTANCE OF 162.76 FEET TO A POINT; N 53° 19'39" W FOR A DISTANCE OF 231.81 FEET TO A POINT; N 54" 27 00" W FOR A DISTANCE OF 149.54 FEET TO A POINT; N 51" 59' 03" W FOR A DISTANCE OF 261.98 FEET TO A 5 /8INCHIRON ROD FOUND ON THE EASTERLY LINE OF GREEN PRAIRIE TRAM MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 35.00 FEET; THENCE: ALONG THE EASTERLY LINE OF GREENS PRA RM TRAIL FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93 58'27" FOR AN ARC DISTANCE OF 57.41 FEET (CHORD BEARS: N 04° 37'12"W - 51.18 FEET) TO A 5/8 INCH IRON ROD FOUND MARKING THE ENDING POINT OF SAID CURVE; Page 8 N 42° 22' 02" E FOR A DISTANCE OF 182.81 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE 13EGD NING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS ORDINANCE NO. 307q OF 1004.93 FEET, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47 05'23" FOR AN ARC DISTANCE OF 825.92FEET (CHORDBEARS: N 18 49'20" E- 802.87 FEET) TO A 5 /81NCH IRON ROD FOUND MARKING THE ENDING POINT OF SAID CURVE; N 04 43'21" W FOR A DISTANCE OF 1452.01 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 910.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 35' 16" FOR AN ARC DISTANCE OF 739.93 FEET (CHORD BEARS: N 18 34'17" E — 719.71 FEET) TO A POINT ON THE SOUTHWEST LINE OF WOODLAKE SUBDIVISION, SECTION ONE, MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: ALONG THE COMMON LINE OF SAID 96.00 ACRE TRACT AND WOODLAKE SUBDMSION, SECTION ONE, FOR THE FOLLOWING CALLS: S 48 47'53 " E FOR A DISTANCE OF 339.63 FEET TO A 3/8 INCH IRON PIPE FOUND; S 48 28'25" E FOR A DISTANCE OF 411.75 FEET TO A'' /2 INCH IRON ROD FOUND; S 49 OT 32"E FOR A DISTANCE OF 430.31 FEET TO A %: INCH IRON ROD FOUND; S 49 00'25" E FOR A DISTANCE OF 554.20 FEET TO A 3/8 INCH IRON PIPE FOUND; S 48 41'19"E FOR A DISTANCE OF 621.03 FEET TO A'' /3 INCH IRON ROD FOUND; S 48 03'04" E FOR A DISTANCE OF 159.58 FEET TO THE POINT OF BEGINNING CONTAINING 96.00 ACRES OF LAND AS SURVEYED ON THE GROUND MARCH, 2004. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR !j REGISTERED PROFESSIONAL ", 6F LAND SURVEYOR No. 4502 u. " tv•«,«<F- ir: ^i(E; R ic .oc DYWORK/MAB /07- 709A.MA8 Page 9 ORDIN NO. 37 EXHIBIT "D" Page 10 !� , T &! #! > « o } / y kk)f/ /k\}\ \\ /§2 \ 3 /) /) / \ \ f #! C) §0 #� 7! P,to! •l,2t \ 4 J } } \/ $ / \ \ \ kkf / �))f / o z&! ))j }{ o3�e, 443»3 (D C-) !0 \ 2|a o \� E. 3**)! ,! = \� \{ ORDINANCE NO. 3079 Page 11 EXHIBIT "E" I R FtW iwffnLmm-- e WFLLBOVIN OAIFS I TURNBERRY Z010h A-0 PLACE (RUMAL RMODMAL) lift I 111-B A El fig IT O g aj I I! lilt: Ij 101 x 1110 td L c4b t ±g call m