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HomeMy WebLinkAbout2014-3550 - Ordinance - 01/23/2014 ORDINANCE NO. 2014 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; 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 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" and `B ", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: 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 23 day of January, 2014 APPROVED: MAYOR ATTEST: I fi City Secret. APPROVED: reteth City Attorney ORDINANCE NO. 2,D I L - 3550 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 R -1B Single - Family Residential and R Rural to RS Restricted Suburban: FIELD NOTES PROPOSED RESTRICTED SUBURBAN ZONING 289.58 ACRES Being all that certain tract or parcel of land lying and being situated in the JAMES ERWIN SURVEY, A- 119 and the CRAWFORD BURNETT SURVEY, Abstract No. 7 in College Station, Brazos County, Texas and being all or a part of the following six (6) tracts: 1) Being part of the 116.352 acre Tract 2 described in the Correction Deed from Lieven J. Van Riet, Trustee to BCS Rock Prairie, LP recorded in Volume 11069, Page 98 of the Official Records of Brazos County (O.R.B.C.), 2) Being all of the 132.901 acre tract described in the deed from Charles Antony Abbate, et al to BCS Rock Prairie, LP recorded in Volume 10982, Page 82 (O.R.B.C.), 3) Being all of the 10.151 acre tract described in the deed from Stephen Jay Larkin and Rebecca Ann Larkin to BCS Rock Prairie, LP recorded in Volume 10982, Page 258 (O.R.B.C.), 4) Being all of the 12.373 acre tract described in the deed from Pauline Middlebrook to BCS Rock Prairie, LP recorded in Volume 10982, Page 253 (O.R.B.C.), 5) Being all of the 12.417 acre tract described in the deed from Bobby Mosley and Willie Ann Mosley to BCS Rock Prairie, LP recorded in Volume 10982, Page 241 (O.R.B.C.), and 6) Being all of the 12.365 acre tract described in the deed from Charles Antony Abbate, et al to BCS 111111 Rock Prairie, LP recorded in Volume 10982, Page 247 (O.R.B.C.), and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2 -inch iron rod marking the north corner of the said 116.352 acre BCS Rock Prairie, LP tract, the east corner of a county road known as Feather Run (based on a 60 -foot width right - of -way described on the QUAIL RUN ESTATES, PHASE I plat recorded in Volume 351, Page 565 of the Brazos County Deed Records (B.C.D.R.J), being in the southwest line of the 20.305 acre John Kemp, et ux tract described in Volume 2561, Page 86 (O.R.B.C.) and being at or near the common most easterly corner of the W.H. FRAZIER SURVEY, A -122 and the JAMES ERWIN SURVEY, A -119; THENCE: S 45° 31' 57" E along the northeast line of the said 116.352 acre BCS Rock Prairie, LP tract and the southwest line of the said 20.305 acre Kemp tract, said line being approximately along the northeast line of the beforesaid JAMES ERWIN SURVEY A -119 and the southwest line of the CRAWFORD BURNETT SURVEY, A -7 for a distance of 604.18 feet to a found 3/4 -inch iron pipe marking the south corner of the said Kemp tract and the west corner of the 39.873 acre David S. Borsack tract described in Volume 3350, Page 238 (O.R.B.C.); THENCE: S 46° 46' 32" E continuing along the northeast line of the said 116.352 acre BCS Rock Prairie, LP tract for a distance of 1139.74 feet to a found 1/2 -inch iron rod marling the south comer of the said Borsack tract and the west corner of LAS PALOMAS Subdivision as recorded in Volume 7367, Page 53 (O.R.B.C.); THENCE: S 45° 08' 21" E continuing along the northeast line of the said 116.352 acre BCS Rock Prairie, LP tract and the southwest line of said LAS PALOMAS Subdivision for a distance of 332.50 feet to a found 1/2 -inch iron rod marking the south comer of the said LAS PALOMAS Subdivision and the west corner of the called 10.43 acre Jasper Construction, Ltd. tract described in Volume 8709, Page 53 (O.R.B.C.); THENCE: S 46° 05' 45" E continuing along the northeast line of the said 116.352 acre BCS Rock Prairie, LP tract and the southwest line of the called 10.43 acre Jasper Construction, Ltd. tract for a distance of 472.51 feet to a found 1/2 -inch iron rod marking the east comer of the said 116352 acre tract, said iron rod also being in the northwest line of the said 132.901 acre BCS Rock Prairie, LP tract; THENCE: N 44° 59' 54" E along the northwest line of the said 132.901 acre BCS Rock Prairie, LP tract, said line being common with the called 10.43 acre Jasper Construction, Ltd. tract for a distance of 844.11 feet to a found 5/8 -inch iron rod in the southwest margin of Holleman Drive South (formerly known as I. & G.N. Road) for the northeast corner of this tract; THENCE: S 19° 53' 42" E along the said southwest margin of Holleman Drive South for a distance of 104.20 feet to a 1/2 -inch iron rod found for the northeast comer of the called 0.49 acre Gene & Betty Zulkowski tract described in Volume 323, Page 145 (B.C.D.R.); ORDINANCE NO. 2D /14 ' � Page 3 cur THENCE: S 63° 54' 20" W along the northwest line of the called 0.49 acre Zulkowski tract for a distance of 85.82 feet to a found 1/2 -inch iron rod marking the northwest corner of the called 0.49 acre Zulkowski tract; THENCE: S 40° 30' 27" W for a distance of 104.96 feet to a found 1/2 -iron rod set marking the north comer of the called 0.877 acre Gene & Betty Zulkowski tract recorded in Volume 323, Page 145 (B.C.D.R.); THENCE: S 43° 40' 04" W along northwest line of the called 0.877 acre Zulkowski tract for a distance of 199.67 feet to a found 112 -inch iron rod marking the west comer of the called 0.877 acre Zulkowski tract; THENCE: S 16° 37' 56" E along the southwest line of the called 0.877 acre Zulkowski tract for a distance of 210.00 feet to a found 1/2 -inch iron rod marking the south comer of the called 0.877 acre Zulkowski tract; THENCE: N 45° 11' 04" E along the southeast line of the called 0.877 acre Zulkowski tract for a distance of 210.00 feet to a found 1/2 -inch iron rod marking the east corner of the called 0.877 acre Zulkowski tract; THENCE: N 16° 18' 18" E for a distance of 84.82 feet to a found 1/2 -inch iron rod marking the most southerly comer of the before - mentioned 0.49 acre Zulkowsi tract and the northwest comer of the said 10.151 acre BCS Rock Prairie, LP tract; THENCE: N 68° 30' 20" E along the north line of the said 10.151 acre tract, said line being common with the south line of the called 0.49 acre Zulkowski tract for a distance of 126.83 feet to a found 1/2-inch iron rod for corner in the before -said southwest margin of Holleman Drive South; THENCE: along the said southwest margin of Holleman Drive South for the following three (3) calls: 1. S 19° 53' 42" E for a distance of 124.00 feet to a found I/2 -inch iron rod, 2. S 19° 59' 29" E for a distance of 1507.69 feet to a found 1/2 -inch iron rod, and 3. S 20° 05' 41" E continuing along said Holleman Drive South for a distance of 1089.02 feet to a found 1/2 -inch iron rod at the northwest intersection of Rock Prairie Road right -of -way (based on a 100 -foot width recorded in Volume 3360, Page 266 [O.R.B.C.]); THENCE: along the said northwest right -of way line of Rock Prairie Road for the following six (6) calls: 1. 167.77 feet in a counter - clockwise direction along the arc of a curve having a central angle of 16° 01' 15 ", a radius of 600.00 feet, a tangent of 84.44 feet and a long chord bearing S 51° 49' 45" W at a distance of 167.22 feet to a found 1/2-inch iron rod for the Point of Tangency, 2. S 43° 49' 07" W for a distance of 1140.53 feet to a found 1/2 -inch iron rod for the Point of Curvature of a curve to the right, 3. 467.26 feet along the arc of said curve having a central angle of 53° 32' 39 ", a radius of 500.00 feet, a tangent of 252.26 feet and a long chord bearing S 70° 35' 27" W at a distance of 450.44 feet to a found 1/2 -inch iron rod for the Point of Tangency, 4. N 82° 38' 13" W for a distance of 1084.55 feet to a found 1/2 -inch iron rod for corner, 5. N 20° 44' 47" W for a distance of 235.47 feet to a found 1/2 -inch iron rod for corner, and 6. S 89° 58' 51" W for a distance of 421.64 feet to a found 1/2 -inch iron rod in the east line of Lot 1, Block 3, GREAT OAKS SUBDIVISION, PHASE ONE as recorded in Volume 4150, Page 295 (O.RB.C.); THENCE: N 15° 39' 10" E along the east line of said Lot 1, at 114.78 feet pass a found 1/2 -inch iron rod reference comer, continue for a total distance of 139.78 feet to the northeast corner of said Lot 1, Block 3, GREAT OAKS SUBDIVISION, PHASE ONE in the centerline of Hopes Creek; THENCE: along the easterly lines of said GREAT OAKS SUBDIVISION, PHASE ONE, said line also being the approximate centerline meanders of Hopes Creek for the following sixteen (16) calls upstream: 1. N 61° 19' 20" W for a distance of 71.45 feet for comer, 2. S 77° 01' 10" W for a distance of 126.20 feet for corner, 3. N 56° 34' 54" W for a distance of 92.87 feet for corner, 4. S 70° 02' 16" W for a distance of 24.67 feet for corner, 5. N 50° 41' 58" W for a distance of 56.99 feet for comer, 6. N 37° 29' 56" E for a distance of 58.92 feet for corner, 7. N 04° 58' 59" W for a distance of 79.43 feet for comer, ORDINANCE NO. 21)11 -3550 Page 4 (kw 8. N 55° 46' 20" W for a distance of 90.71 feet for corner_, 9. N 28° 01' 04" E for a distance of 47.10 feet for corner, 10. N 47° 47' 20" W for a distance of 68.94 feet for corner, 11. N 32° 59' 04" W for a distance of 70.56 feet for corner, 12. N 42° 31' 48" W for a distance of 91.38 feet for corner, 13. N 05° 12' 02" E for a distance of 72.76 feet for comer, 14. N 42° 05' 43" W for a distance of 73.36 feet for corner, 15. S 84° 58' 09" W for a distance of 46.07 feet for comer, and 16. S 66° 59' 24" W for a distance of 71.47 feet for comer, at the confluence of an un -named tributary of Hopes Creek; THENCE: along the approximate centerline meanders of the un -named tributary of Hopes Creek for the following twelve (12) calls: 1. S 68° 50' 13" E for a distance of 54.67 feet for corner. 2. S 18° 45' 27" W for a distance of 34.51 feet for corner, 3. S 82° 00' 36" W for a distance of 72.33 feet for comer, 4. S 41° 35' 10" W for a distance of 20.31 feet for corner, 5. S 17° 54' 33" W for a distance of 28.62 feet for comer, 6. S 59° 15' 02" W for a distance of 22.07 feet for comer, 7. N 77° 53' 13" W for a distance of 74.11 feet for comer, 8. S 55° 10' 06" W for a distance of 38.96 feet for corner, 9. N 46° 28' 24" W for a distance of 33.37 feet for corner, 10. N 15° 54' 07" W for a distance of 50.67 feet for comer, 11. N 51° 53' 51" E for a distance of 89.38 feet for corner and 12. N 74° 37' 49" W for a distance of 78.88 feet for corner in the southeast line of Lot 6, Block 3, of said GREAT OAKS SUBDIVISION, PHASE ONE; THENCE: N 43° 46' 58" E along the southeast line of said Block 3 for a distance of 473.96 feet to a found 1/2 -inch iron rod marking the east corner of Lot 7, Block 3 of said GREAT OAKS SUBDIVISION, PHASE ONE; THENCE: along the easterly lines of said GREAT OAKS SUBDIVISION, PHASE ONE, GREAT OAKS SUBDIVISION PHASE 1B (not filed) and GREAT OAKS SUBDIVISION PHASE lA as recorded in Volume 11423, Page 252 (O.R.B.C.) for the following twenty -six (26) calls: I. N 43° 46' 19" W for a distance of 145.43 feet for corner, 2. N 30° 49' 19" E for a distance of 108.59 feet for corner, 3. S 85° 31' 13" E for a distance of 119.90 feet for corner, 4. N 26° 02' 52" E for a distance of 42.45 feet for corner, 5. N 71° 24' 29" W for a distance of 97.67 feet for corner, 6. N 43° 32' 40" E for a distance of 135.34 feet for comer, 7. N 06° 38' 11" W for a distance of 53.14 feet for corner, 8. N 78° 43' 42" W for a distance of 129.99 feet to a found 1/2 -inch iron rod for corner, 9. N 11° 16' 18" E for a distance of 241.97 feet to a found 1/2-inch iron rod for comer, 10. N 32° 17' 35" W for a distance of 49.25 feet to a found 1/2 -inch iron rod for comer, 11. 242.85 feet in a counter - clockwise direction along the arc of a curve having a central angle of 27° 49' 43 ", a radius of 500.00 feet, a tangent of 123.87 feet and a long chord bearing S 71° 37 16" W at a distance of 240.47 feet to a found 1/2 -inch iron rod for the Point of Tangency, 12. S 85° 32' 08" W for a distance of 11.64 feet to a found 1/2 -inch iron rod for corner, 13. N 07° 07' 15" W for a distance of 70.08 feet to a found 1/2 -inch iron rod for corner, 14. N 85° 32' 08" E for a distance of 14.89 feet to a found 1/2 -inch iron rod for the Point of Curvature of a curve to the left, 15. 253.71 feet along the arc of said curve having a central angle of 33° 48' 19 ", a radius of 430.00 feet, a tangent of 130.67 feet and a long chord bearing N 68° 37' 58" E at a distance of 250.04 feet for corner, 16. N 06° 17' 46" W for a distance of 105.82 feet for corner, 17. N 77° 31' 53" W for a distance of 150.00 feet for comer, 18. N 24° 26' 36" W for a distance of 205.77 feet for corner, 19. N 38° 08' 29" E for a distance of 84.58 feet for corner, 20. N 26° 08' 34" W for a distance of 56.18 feet for corner, 21. N 59° 09' 57" E for a distance of 57.42 feet for corner, 22. N 09° 33' 55" W for a distance of 78.40 feet for corner, 23. N 41° 53' 11" E for a distance of 52.46 feet for corner, 24. N 38° 56' 49" W for a distance of 64.04 feet for comer, ORDINANCE NO. 20)14- 3550 Page 5 25. N 27° 14' 58" E for a distance of 23.21 feet for corner, 26. N 40° 50' 06" W for a distance of 1409.08 to a found 1/2 -inch iron rod marking the north corner of Lot 10, Block 4 of said GREAT OAKS SUBDIVISION, PHASE 1A, the northwest corner of the said 116.352 acre BCS Rock Prairie, LP tract, said iron rod also being in the southeast line of the before- mentioned QUAIL RUN ESTATES, PHASE 1 and being at or near the common line of the W.H. FRAZIER SURVEY, A -122 and the JAMES ERWIN SURVEY, A -119; THENCE: N 43° 50' 43" E along the common line of the said the said 116.352 acre BCS Rock Prairie, LP tract and QUAIL RUN ESTATES, PHASE 1 for a distance of 1569.78 feet to the POINT OF BEGINNING and containing 289.58 acres of land, more or less. ORDINANCE NO. 2D/ Page 6 EXHIBIT "B" tk..2,1 ..._, I 11 11 iti!.fi . iniii 1, ,,.._...... . „.; .. liil p , lop ,iv , • ,c, . , 4 t221210,Pfillrittos ;clill . It 0110 Ri • I ''-'' . 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