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HomeMy WebLinkAboutOrdinance ORDINANCE NO. 2229 AN ORDINANCE REZONING A 30.69 ACRE TRACT SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, FROM A-O AGRICULTURAL-OPEN TO C-1 GENERAL COMMERCIAL. WHEREAS, on January 9, 1997, the City Council of the City of College Station convened and, pursuant to notices prescribed by law, held a public hearing with regard to the city-initiated rezoning of a 35 acre tract or parcel of land situated in the City of College Station, Brazos County, Texas, and more particularly described as follows: Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54 in College Station, Brazos County, Texas and being a portion of that certain 111.6 acre tract of land described in undivided interest in the following twelve(12)deeds: 1. Grace Harlan Marsh to Louise Marsh Reeves, dated February 2, 1979, recorded in Volume 419, Page 98 of the Brazos County Deed Records(B.C.D.R.), 2. Grace Harlan Marsh to John Emory Marsh, Jr., dated December 26, 1978, recorded in Volume 414, Page 454 (B.C.D.R), 3. Grace Harlan Marsh to Louise Marsh Reeves, dated December 26, 1978, recorded in Volume 414, Page 453 (B.C.D.R.), 4. Grace Harlan Marsh to John Emory Marsh, Jr., dated February 2, 1979, recorded in Volume 419, Page 99, as corrected in Volume 464, Page 248 (B.C.D.R.), 5. Grace Harlan Marsh to John Emory Marsh, Jr. dated August 14, 1980, recorded in Volume 464,Page 250(B.C.D.R.), 6. Grace Harlan Marsh to Louise Marsh Reeves dated December 29, 1980, recorded in Volume 470, Page 398 (B.C.D.R.) 7. Grace H. Marsh to Louise M. Reeves, Trustee (Marsh-Reeves Trust), dated Febru- ary 5, 1982, recorded in Volume 509,page 185 (B.C.D.R.), 8. Grace H. Marsh to Louise M. Reeves, Trustee (Marsh-Reeves Trust), dated Febru- ary 5, 1982, recorded in Volume 509, Page 188 (B.C.D.R.), 9. Louise Marsh Reeves to Robert Emory Reeves, dated December 16, 1983, recorded in Volume 634, Page 135, Official Records of Brazos County,Texas, 10. Louise Marsh Reeves to Marsh Reeves Duemke, dated December 16, 1983, recorded in Volume 634, Page 137, Official Records, Brazos County,Texas, 11. Louise Marsh Reeves to Robert Emory Reeves, dated January 12, 1984, recorded in Volume 642, Page 128, Official Records, Brazos County, Texas, 12. Louise Marsh Reeves to Marsh Reeves Duemke, dated January 12, 1984, recorded in Volume 642, Page 130, Official Records, Brazos County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING: at a capped 1/2-inch iron rod set for the east corner of the said 111.6 acre tract and the south corner of the 112.19 acre Jerry Windham and Frank Thurmond tract as described in Volume 571, Page 144 of the Deed Records of Brazos County, Texas, said iron rod being at an angle point in the northwest right-of-way line of the 130' wide Greens Prairie Road Right-of-Way as dedicated in Volume 495, Page 453 of the Brazos County Deed Records, said iron rod also being at or near the intersection of the said ROBERT STEVENSON SURVEY, Abstract No. 54, the THOMAS CARUTHERS SURVEY, Abstract No. 9 and the S.W. ROBERTSON SURVEY, Abstract No. 202, for reference, a 5/8-inch iron rod found marking an angle point in the southeast line of Greens Prairie Road bears: S 47° 32' 20" E at a distance of 130.01 feet and the G.P.S. City of College Station Control Monument No. 149 found bears: N 42° 31' 47" E at a distance of 5067.39 feet, and a found 1/2-inch iron rod bears S 84°34'47"E at a distance of 0.84'; Ordinance No. 2229 Page 2 THENCE: S 43° 03' 14"W(plat call S 43° 03' 57" W) for a distance of 997.46 feet along the beforesaid northwest line of Greens Prairie Road to a capped 1/2-inch iron rod set at the intersection of the said Greens Prairie Road line and the projection of State Highway No. 6 right-of-way line as described in Volume 1166, Page 108 of the Official Records, Brazos County, Texas, from whence a found concrete right-of-way marker for reference bears S 88°46' 35"W at a distance of 3.46 feet; THENCE: S 85° 33' 09" W (R.O.W. call S 85° 26' 00" W) along the said new State Highway 6 right-of-way for a distance of 144.04 feet to a capped 1/2-inch iron rod set for corner, from whence a found concrete right-of-way marker for reference bears S 56° 04'50"W at a distance of 1.36 feet; THENCE: N 49° 24' 58" W (R.O.W. call N 49° 24' 38" W) continuing along said State Highway 6 line for a distance of 400.08 feet to a capped 1/2-inch iron rod set for corner, from whence a found concrete right-of-way marker for reference bears N 46° 18'25"W at a distance of 0.72 feet; THENCE: N 56° 46' 41" W (R.O.W. call N 56° 46' 14" W) for a distance of 679.04 feet to a capped 1/2-inch iron rod set for corner, from whence a found concrete right-of-way marker for reference bears N 56°44' 01"W at a distance of 533.18 feet; THENCE: N 41° 14' 40" E through the interior of said 111.6 acre tract for a distance of 1199.42 feet to a capped 1/2-inch iron rod set in the flowline of a creek for corner, said iron rod being in the common line of the beforementioned 111.6 acre tract and the 112.19 acre Windham tract, for reference, a found 5/8-inch iron rod marking the South corner of the M.V. Creagor tract described in Volume 1849, Page 317, bears: N 48° 45' 20" W at a distance of 1062.13 feet; THENCE: S 48° 45' 20" E along the northeast line of said 111.6 acre tract and the said Windham tract for a distance of 1204.56 feet to the POINT OF BEGINNING and contain- ing 30.69 acres of land,more or less. WHEREAS, the above-described property is currently zoned A-O Agricultural-Open, and the property is currently vacant; WHEREAS, the City Council of the City of College Station has initiated this rezoning; WHEREAS, the City Council of the City of College Station, Texas, heard evidence as to the location of the above-described property on the northeast corner of Greens Prairie Road and Highway 6; WHEREAS, evidence was presented that the City's proposed land use plan shows the above- described property as retail; WHEREAS, evidence was presented that the proposed zoning change is in accordance with the City's proposed land use plan for development; and WHEREAS, the City Council of the City of College Station, Texas, conditioned approval upon the following: any residential development adjacent to this site, shall be buffered from future commercial development on this site by leaving a one hundred foot (100') wide undisturbed area along the eastern boundary of this commercial tract. There is presently a drainage channel with vegetation running along the length of the eastern boundary of this tract. If, upon development of Ordinance No. 2229 Page 3 the commercial tract, it is necessary to alter this drainage channel in some way, then the buffer area should be a minimum of fifty feet (50') wide along the entire eastern boundary and planted with trees and shrubs adequate to screen noise, lights and views; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that the above-described tract is rezoned to C-1 General Commercial, effective immediately. PASSED and APPROVED this 9th day of January, 1997. APPROVED: HUBBARD KENN , Ma r Pro Tem ATTEST: /1,41,c42 %. G 4 ONNIE HOOKS, ity Secretary 4 Yt ORDINANCE NO. 2554 AN ORDINANCE AMENDING CHAPTER 12, "ZONING", SECTION I, "ESTABLISHMENT OF DISTRICTS, PROVISION FOR AN 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, "Zoning", Section I, "Establishment of Districts, Provisions For An 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($2000.00). 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 April 2002. TEST: l Connie Hooks, City Secretary Lynn M Ilhaney, Mayor / APPROVED: City Attorn ORDINANCE NO. 2554 PAGE 2 OF 4 EXHIBIT "A" That the Official Zoning Map of the City of College Station, Section I, "Establishment of Districts, Provisions For An Official Zoning Map", of Chapter 12, "Zoning", is hereby amended as follows: The following property is rezoned from A-O Agricultural Open to C-1 General Commercial. 29.65 acres being all that certain lot, tract, or parcel of land lying and being situated in the Robert Stevenson Survey, Abstract No. 54, in College Station, Brazos County, Texas, and being a part of that 111.6 acre tract conveyed to Louise Marsh Reeves, et al, by deeds recorded in Volume 104, Page 55 and Volume 414, Page 453 of Deed Records of Brazos County, Texas, and being more particularly described in the attached Exhibit "B, "Metes and Bounds, and shown graphically in Exhibit "C". Field Notes 29 . 65 Acres All that certain tract or parcel of land lying and being situated in the Robert Stevenson League, Abstract No . 54 , in College Station , Brazos County, Texas , being a part of that 111 . 6 acre tract conveyed to Louise Marsh Reeves , et al , by deeds recorded in Volume 104 , Page 55 and Volume 414 , Page 453 of Deed Records of Brazos County , Texas , and being more fully described as follows : - Beginning at a 2" iron rod found in Northeast line of the called 111 .6 acre tract . Said iron rod bears S 75 degrees 17 ' 28 " W, 1 .08 ' from %Z" iron rod found in Southwest line of Woodland Hills Phase One Subdivision. Said iron rod bears N 48 degrees 44 ' 35" W, 1205 . 34' from a z" iron rod found mar'cing east corner of said called 111 . 6 acre tract in Northwest line of Green ' s Prairie Road; THENCE, S 42 degrees 25 ' 42" W, 1202 . 84 ' to a 12" iron rod set for corner in northeast Right-of-Way (ROW) line of Texas State Highway 6 ; THENCE, along said ROW line N 56 degrees 47 ' 36 " W, 506 .02 ' to a z" iron rod set at bend in said ROW line; THENCE, continue along said ROW line N 49 degrees 25 ' 28 " W, pass a concrete highway ROW marker at 2 .00 ' and pass a 2" iron rod found for reference at 362 .02 ' and continue to a point at centerline of Spring Creek at 707 .02 ' ; THENCE , down the centerline of Spring Creek with its meanders along common line between City of College Station 36 .9 acre tract recorded in Volume 4329, Page 134 of Official Records of Brazos County, Texas (ORBCT) , and remainder of Marsh-Reeves 111 .6 acre tract as follows : N 9 degrees 45 ' 03 " E 31 . 17 ' N 25 degrees W 26 ' N 54 degrees E 82 ' N 30 degrees W 65 ' N 20 degrees E 90 ' N 50 degrees E 90 ' S 80 degrees E 100 ' N 76 degrees E 95 ' S 88 degrees E 80 ' S 67 degrees E 200 ' N 86 degrees E 50 ' N 41 degrees E 80 ' N 73 degrees E 90 ' N 77 degrees E 150 ' N 30 degrees E 35 ' N 4 degrees E 60 ' N 12 degrees W 25 ' N 54 degrees W 35 ' N 10 degrees W 70 ' N 24 degrees W 180 ' N 2 degrees W 80 ' N 45 degrees E 100 ' to Point in Southwest line of City of College Station 16 . 89 acre Tract 3 recorded in Volume 3900 , Page 188 ORBCT. ...... NpAapf4. - . .c„.1.1c,4 NiNvit. •:, (2, J *. irotio , a O o N { vcC o A.,,r444.641:41r4ro* ,7 4,*AiNtritok. &_‘r,,,,, Lr) ';1'4 1 OSIP './- 414i'14b" AIL*<;44_Z;'47 •4440 iti 03 P� 7,4#0‘7,., - // „ %%% !; _ � I ♦ Q I ♦ co oi �, ♦ ° N ♦ 36h i 1 /2 VJ 3 Q I 5 I IMMEMeniffilailiiiiimiumm i 0 W j I 1 Z fZ e ~ O O cn o v ::/14"° Z It- o w co < Hw o3 W /\ v c1 /X \ ,, \ \4/ �Z �W N \‘5 CC pQ M v0 ' \ J LI v- :\ W � a Uo to. Q o_ a4 / `.\ / civ City-initiated Rezoning of approx. 31 acres Location: NE corner of Green's Prairie l' , Road and State Highway 6 South. f Request: A-0 to C- 1 Future Land Use Plan: Plan shows thisA - 0 corner to be general commercial. -- R B.V.S.W.MA LOWORLL N 0 � `" L� CAD T O \ S C L E R - 1 A " 0 � 7 ((7{)N \ \1\ r''WK 7 1 ( C - 1 . ,.. S / L.. c9 N. 4 0 10.• t• *4 tk O • �• �.41.& cam \ k ____,- .1.-,k4 1 441111* ) 4 L,'tit<S.41 I 117i... . * =---_--.....•#. ... C - 1 > �, - �� C.I.C. �^--`_____:,- ---'-----17= AGENCY • A - 0 r4y,y}. l'\ ---4-i-'----- N cr...'N' A �', 'EBBLE *s CREEK C - I ELEM. - ibtabo d` r' . jf ` CICity of College Station, Texas CASE NUMBER: 96-118 ACTION REQUESTED: REZONING PLANNING DIVISION (City-initiated A-0 to C-1)