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2008-3111 - Ordinance - 09/11/2008
ORDINANCE NO. 3111 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 11th day of September, 2008. APPROVED: 4 MAYOR ATTEST: .P r ity. Secretary APPROVED: City Attorney O �� ORDINANCE NO. 3111 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: I. The following property is rezoned from A -O, Agricultural Open to R -1, Single - Family Residential: BEING A 17.48 ACRE TRACT LYING AND BEING SITUATED IN THE CRAWFORD BURNETT SURVEY — ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 39.893 ACRE TRACT C01VEYED TO DAVID S. BORSACK BY DEED RECORDED IN VOLUME 3350, PAGES 238 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT "B ", A1 GRAPHICALLY SHOWN IN EXHIBIT "E ". II. The following property is rezoned from A -O, Agricultural Open to R -3, Townhouse: BEING A 10.09 ACRE TRACT LYING AND BEING SITUATED IN THE CRAWFORD BURNETT SURVEY — ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 39.893 ACRE TRACT CONVEYED TO DAVID S. BORSACK BY DEED RECORDED IN VOLUME 3350, PAGES 238 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT "C ", AND GRAPHICALLY SHOWN IN EXHIBIT "E ". III. The following property is rezoned from A -O, Agricultural Open to R -4, Multi - Family: BEING A 6.49 ACRE TRACT LYING AND BEING SITUATED IN THE CRAWFORD BURNETT SURVEY — ABSTRACT NO, 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 39.893 ACRE TRACT CONVEYED TO DAVID S. BORSACK BY DEED RECORDED IN VOLUME 3350, PAGES 238 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT "D ", AND GRAPHICALLY SHOWN IN EXHIBIT "E ". lahMdocserverlvolt lgrouplhtl trlpz ltrlprodIpz20081p0023296.doc 8/26/08 ORDINANCE NO. 3111 Page 3 EXHIBIT "B" Field Notes Of A 17.48 Acre Single Family (K -1) Tract Out Of A 39.873 Acre Tract Crawford Burnett League — Abstract No. 7 College Station, Brazos County, Texas Field notes for a 17.48 acre single family (R- I) tract lying and being situated in the Crawford Burnett Survey — Abstract No. 7, College Station, Brazos County, Texas. Same 17.48 acre tract also being a portion of that certain 39.893 acre tract conveyed to David S. Bor5ack by deed recorded in Volume 3350, Pages 238 of the Official Records of Brazos County, Texas. Said 17.48 acre tract being more particularly de5cnbed by metes and bounds as follows: BPG/NN/NG at a 3/4" diameter iron rod found marking the most northerly corner of said 17.48 acre tract and lying on the southwest nght -of -way line of Jones - Sutler Road, same iron rod also found marking the most northerly corner of the aforementioned 39.873 acre tract and the southeast corner of the now or formerly John and Linda Kemp 20.305 acre tract (25G 1, 8G * 325); T//ENCE S 22 Degrees 04' 35" E along the northeast line of aforesaid 17.48 acre tract, same line also being the northeast line of aforesaid 39.893 acre tract and the southwest right-of-way line of Jones - Butler Road for a distance of 634.9 I feet to a point for corner; Tl/ENCE 5 42 Degrees 24' 42" W for a distance of 105.12 feet to a point marking the beginning of a curve to the right; T//ENCE in a southwesterly direction along curve to the right for an arc distance of 31 .88 feet, ( Central Angle =78 degrees 04'23 ", Radius = 25.00 feet, Tangent = 18.52 feet), and the Chord bears 5 78 degrees 5G' 53" W for a distance of 29.77 feet to the end of same curve to the right; Tl/ENCE N G4 Degrees 30' 55" W for a distance of 134.78 feet to a point for corner and beginning point of a curve to the right; Tl/ENCE in a southwesterly direction along curve to the right for an arc distance of 59.09 feet, (Central Angle= I G degrees 55'37 ", Radius = 200.00 feet, Tangent = 29.74 feet), and the Chord bears 5 33 degrees 5G' 53" W for a distance of 58.87 feet to the end of same curve to the right; Tl/ENCE S 42 Degrees 24' 42" W for a distance of 1293.72 feet to a point for corner, said corner lying of the southwest line of aforesaid 39.873 acre tract and also lying on the northeast line of the now or formerly Indivisa Corp. 147.438 acre tract lah Illdocserverlvoll (group Ih[l[rlpzl[rl prod Ipz20081p0023296. doc 8/26/08 ORDINANCE NO. 3111 Page 4 This parcel contains 0.4848 of one acre (21,120 sq. ft.) of land, more or less, out of the Crawford Burnet Survey, Abstract No. 7, Brazos County, Texas. Description prepared from an on- the - ground survey made during January, 2007. All bearings are based on the Texas State Plane Co or ' teSyst�rn, Central Zone (NAD 83). Joseg,ije �ers Date Registered Professional Land Surveyor State of Texas No, 4938 Protect Number. 031-07 -002 Attachments. Survey Drawing LAI7 ac IM 28181DGNS103102FINAL.dgn L •017 ac FM 28181FN0TES10Aa48 AC.doc lahllldocserverl voll Igrouplhtl trlpzltrl prod I pz20081 p0023296. doc 8/26/08 ORDINANCE NO, 3111 EXHIBIT "C" Field Notes Of 10.09 Acre TOWN110ME (R-3) Tract Out Of A 39.873 Acre Tract Crawford Burnett League — Abstract No. 7 College Station, Brazos County, Texas Page 5 Field notes for a 10.09 acre TOWNNOME M-3) tract lying and being situated in the Crawford Burnett Survey — Abstract No. 7, College Station, Brazos County, Texas. Same 10.09 acre tract also being a portion of that certain 39.893 acre tract conveyed to David 5. Borsack by deed recorded in Volume 3350, Pages 238 of the Official Records of Brazos County, Texas. Said 10.09 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 3/4" diameter iron rod found marking the most northerly corner of said 17.48 acre tract and lying on the southwest right -of -way line of Jones - Butler Road, same iron rod also found marking the most northerly corner of the aforementioned 39.873 acre tract and the southeast corner of the now or formerly John and Linda Kemp 20.305 acre tract (25G I , 8G * 325); THENCE 5 22 Degrees 04' 35" E along the northeast line of aforesaid 17.48 acre tract, same line also being the northeast line of aforesaid 39.893 acre tract and the southwest right -of -way line of Jones - Butler Road for a distance of 634.9 I feet to the PM CE OF BEGINNING; THENCE 5 42 Degrees 24' 42" W for a distance of 105.12 feet to a point marking the becJinning of a curve to the right; THENCE in a southwesterly direction along curve to the right for an arc distance of 31.88 feet, (Central Angle =78 degrees 04'23 ", Radius = 25.00 feet, Tangent = 18.52 feet), and the Chord bears 5 78 degrees 5G' 53" W for a distance of 29.77 feet to the end of same curve to the right; THENCE N G4 Degrees 30' 55" W for a distance of 134.75 feet to a point for corner and beginning point of a curve to the right; THENCE in a southwesterly direction along curve to the right for an arc distance of 59.09 feet, (Central Angle= I G degrees 55'37 ", Radius = 200.00 feet, Tangent = 29.76 feet), and the Chord bears 5 33 degrees 5G' 53° W for a distance of 58.87 feet to the end of same curve to the right; THENCE 5 42 Degrees 24' 42" W for a distance of 1293.72 feet to a point for corner, said corner lying of the southwest line of aforesaid 39.873 acre tract and also lying on the northeast line of the now or formerly Indivisa Corp. 1 47.638 acre tract lah I I Idocserverl Igroupl htltrlpzltrl prod)pz200&p0023296. doe 8/26/08 ORDINANCE NO. 3111 recorded in Volume 3783, Pages 194 t 195) of the Official Records of Brazos County, Texas; THENCE 5 48 Degrees 49' 54" E for a distance of 365.33 feet to a point for corner; THENCE N 3G Degrees I G' 10" E for a distance of 144.25 feet to a point for corner; THENCE N 10 Degrees 40'09" W for a distance of 70.01 feet to a point and beginning of a curve to the left; THENCE in a northeasterly direction along curve to the left for an arc distance of 25. 10 feet, (Central Angle =28 degrees 45'28 ", Radius = 50.00 feet, Tangent = 12.82 feet), and the Chord bears N 5G degrees 47' 2G" E for a distance of 24.83 feet to the end of same curve to the left; THENCE N 42 Degrees 24' 42" E for a distance of 1082.28 feet to a point for corner and beginning of a curve to the right; THENCE in a northeasterly direction along curve to the right for an arc distance of 132.49 feet, (Central Angle = 25 degrees 30'43 ", Radius = 300.00 feet, Tangent = 67.92 feet), and the Chord bears N 55 degrees 10' 03" E for a distance of 132.48 feet to the end of same curve to the right and also lying on the southwest nght -of -line of Jones - Butler Road and the northeast line of aforesaid 39,873 acre tract; THENCE N 22 Degrees 04' 35" W for a distance of 21 1 .91 feet to the PLACE OF BEGINNING and containing 10.09 acres of land, more or less. Page 6 lahllldocserverlvolt Igrouplh[l[ rlpzl lrlprodlpz20081p0023296.doc 8/26/08 ORDINANCE NO. 3111 EXHIBIT "D" Field Notes Of 6.49 Acre Multi- Family (R -4) Tract Out Of A 39.873 Acre Tract Crawford Burnett League — Abstract No. 7 College Station, Brazos County, Texas Field notes for a 6.49 acre multi - family (R -4) tract IyincJ and being Situated in the Crawford Burnett Survey — Abstract No. 7, College Station, Brazos County, Texas, Same 1 7.48 acre tract also being a portion of that certain 39.893 acre tract conveyed to David 5. Bor5ack by deed recorded in Volume 3350, Pages 238 of the Official Records of Brazos County, Texas. Said 6.49 acre tract being more particularly described by metes and bounds as follows: BEGINN /NG at a 112" diameter iron rod found marking the most southerly corner of said 39.893 acre tract and also marking the northwest corner of Jones - Butler Road, same iron rod also found marking the most northerly corner of the Las f alomas Subdivision (4033, 1 54) and lying on the northeast line of the IndlVlsa Corp. 147.368 acre tract (3783, 194 4- 1 96); THENCE N 48 Degrees 49' 54" W for a distance of 339.51 feet to a point for corner; THENCE N 36 Degrees I G' 10" E for a distance of 144.25 feet to a point for corner; THENCE N 10 Degrees 40' 09" W for a distance of 70.01 feet to the begmnmg point of a curve to the left; THENCE in a northeasterly direction along curve to the left for an arc distance of 25. 10 feet, (Central Angle =28 degrees 45'28 ", Radws = 50.00 feet, Tangent = 12.82 feet), and the Chord bears N 56 degrees 47' 26" E for a distance of 24.83 feet to the end of same curve to the left; THENCE N 42 Degrees 24' 42" E for a distance of 558.32 feet to the beginning point of a curve to the right; THENCE in a southeasterly direction along curve to the right for an arc distance of 36.29 feet, (Central An6jle =02 degrees 04'45 ", Radlu5 = 1000.00 feet, Tangent = 18. 15 feet), and the Chord bears 5 44 degrees 50' 39" E for a distance of 36.29 feet to the end of same curve to the right and beginning point of a second curve to the right; THENCE in a southeasterly direction along curve to the right for an arc distance of 107.34 feet, (Central Angle =30 degrees 45'07", Radius = 200.00 feet, Tangent = Page 7 lah Illdocserverlvoll Igrouplhtltrl pzltrl prod I pz20081p0023296. doc 8/26/08 ORDINANCE NO. 3111 Page 8 55.00 feet), and the Chord bears S 28 degrees 25' 43" E for a distance of 1 06.06 feet to the end of same curve to the right and beginning point of a curve to the left; Th'ENCE in a southeasterly direction along curve to the left for an arc distance of 1 19.00 feet, (Central Angle =34 degrees 05'30 ", Radius = 200 feet, Tangent = 6 1 .32 feet), and the Chord bears S 30 degrees 05' 55" E for a distance of 1 17.25 feet to the end of same curve to the right and beginning point of a second curve to the left; rHfIVCE S 47 Degrees 08' 13" E for a distance of 16 1 .74 feet to a point for corner; THMCE S 42 Degrees 51 ' 2 1 " E for a distance of 687.47 feet to the PLACE OF BEGINNING and containing 6.49 acres of land, more or less. lah 11l docserverl voll lgroup l htl trlpzl trlprod I pz20081p0023296. doc 8/26/08 ORDINANCE GO. 3111 EXHIBIT "E" Page 9 7 2 4 2 «« $& Z !7 $ o / ƒ >Ea E ® c# |f9»m ({%§k$f 2uAlaJf \\\ \3§2 Q co C) �] \ ;)a U > 1,D O Evs f ƒ ® § »7Q f \ }0 / f«©e It CL ! s e o \\\ \j}) 2 ± 0 O E O z {�� f %r2ll \ M:E o �>2 E 2 £: #!a) 49. Ur -@ \ { |fr| �Au J J }} } } }\ / ± 2 \ E > E 0 \k � - -- / ))f O f §z&$ ® �) 0 /�\� � ! 0 1 '9 443;3 ew>mcse rve G2ljoup Qh �2od� 7adwpO 2296 8128108