The URL can be used to link to this page

Home My WebLink AboutRezoning 7 AcresORD I NANC~ NO. 1502 ·' . \ AN ORDINANCE REZONING TWO TRACTS OF LAND TOTALLING 5. 19 _ACRES, BOTH BE I NG A PART OF A 1.00 ACRE TRACT OF LAND, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND AS RECORDED IN VOLUME 518, PAGE 14 OF THE BRAZOS COUNTY DEED RECORDS, LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE IN BRAZOS COUNTY, TEXAS, AND BEING A PART OF THAT 19.31 ACRE TRACT OF LAND DESCRIBED IN THE DEED RECORDED IN VOLUME 363, PAGE 730 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS FROM AGRICULTURE-OPEN ICT A-0 TO PLANNED COMMERCIAL DISTRIG C-3 ND ADMINISTRATIVE-PROFESSIONAL DISTRI BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council held a public hearing in the City Hall at 7:00 P.M. on Thurs- day, February 23, 1984, on the question of rezoning certain areas within the City Limits: AND, WHEREAS, the City Council has determined the following: To rezone or change the classification of two tracts of land totalling 5.19 acres, both being a part of a 7.00 acre tract of land, being all that certain tract or parcel of land as recorded in Volume 518, Page 14 of the Deed Records of Brazos County, Texas, lying and being situated in the Robert Stevenson League in Brazo~ County, Texas, and being a part of that 19.31 acre tract of land described in the Deed recorded in Volume 363, page 730 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: TRACT NO. COMMENCING at an iron rod at the south corner of said 19.31 acre tract, said iron rod also being in the northeast right-of-way line of State Highway 6; THENCE: N 46°47 110 11 W -718 .76 feet along said State Highway 6 line to an iron rod for a corner; THENCE: N 46°43 1 5211 E -110 feet along the proposed right-of-way taking for State Department of Highways and/Public Transportation Project Number 8017-1-25, I .P.E.Number 069 and 294, for the POINT OF BEGINNING; THENCE: N 46°43 1 5211 E -326. 97 feet to an iron rod for corner; THENCE: S 44°53 10011 E -421. 58 feet to a corner; THENCE: S 46°43 1 52 11 W -317.ll feet to a corner; THENCE: N 46°47 1 10 11 W -422.20 feet to the PLACE OF BEGINNING, containing 3.00 acres of land, more or less, from Agriculture-Open District A-0 to Planned Commercial District C-3. TRACT NO. 2 COMMENCING at an iron rod at the south corner of said 19.31 acre tract, said iron rod also being in the northeast right-of-way line of State Highway 6;, 0 THENCE: N 46 43 152 11 E -110 feet along the proposed right-of-way taking for State Department of Hl~hways and Publ le Transportation Project Number 8017-1-25, I .P.E. Number 069 and 294, f~r the POINT OF BEGINNING; Urd i nance No. 1 !502 .,,oage 2 THENCE: N 46°43'52" THENCE: N 44°53•0011 THENCE: s 46°43 I 5211 THENCE: s 46°47 I 1 O" E -303.09 feet I w -296.11 feet w -317. 11 feet E -296.28 feet to an iron rod for a corner; to a corner; to a corner; to the PLACE OF BEGINNING, and containing 2.19 acres of land, more or 1 ess, from Agriculture-Open District A-0 to Administrative- Professional District A-P. And, it ls ordained that said change shall become effective immediately. PASSED AND APPROVED TH IS 23rd day of February ' 1984. APPROVED: \ \ \ ATT~ST: 1an Jones }. .J \ \ . ' / r----./ I I I I I I _..J ( c-*f. . " ....... ;!J ) ) / ·-----( .. j ) ,) ( ) I \ _ __, ~ \ / I J ) ) ,.) .~ ( STATE HIGHWAY 6 "l ,.J )/ . I / /I I \ ') ( I ~ ·~.- [ .... :I_· T_E_M __ N_o_. ______ ..,,,) ( c A s E " o • a • -100) (.._s_c_A_L_e_: _1 ._. _= 2_0_0_0_ 1 ·-"') TYPE OF CASE: REZONING FROM A-0 TO C-1 ( ( l ORDINANCE NO. AN ORDINANCE REZONING TWO TRACTS OF LAND TOTALLING 5.19 ACRES, BOTH BEING A PART OF A 7.00 ACRE TRACT OF LAND, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND AS RECORDED IN VOLUME 518, PAGE 14 OF THE BRAZOS COUNTY DEED RECORDS, LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE IN BRAZOS COUNTY, TEXAS, AND BEING A PART OF THAT 19.31 ACRE TRACT OF LAND DESCRIBED IN THE DEED RECORDED IN VOLUME 363, PAGE 730 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS FROM AGRICULTURE-OPEN DISTRICT A-0 TO PLANNED COMMERCIAL DISTRICT C-3 AND ADMINISTRATIVE-PROFESSIONAL DISTRICT A-P. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council held a public hearing in the City Hall at 7:00 P.M. on Thurs- day, 1984, on the question of rezoning certain areas w1thin the City Limits: AND, WHEREAS, the City Council has determined the following: To rezone or change the classification of two tracts of land totalling 5. 19 acres, both being a part of a 7.00 acre tract of land, being all that certain tract or parcel of land as recorded in Volume 518, Page 14 of the Deed Records of Brazos County, Texas, lying and being situated in the Robert Stevenson League in Brazos County, Texas, and being a part of that 19.31 acre tract of land described in the Deed recorded in Volume 363, page 730 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: TRACT NO. COMMENCING at an iron rod at the south corner of said 19.31 acre tract, said iron rod also being ln the northeast right-of-way 1 ine of State Highway 6; THENCE: N 46°47 1 1011 W· -718.76 feet along said State Highway 6 line to an iron rod for a corner; 0 THENCE: N 46 43'5211 E -110 feet al0ng the proposed right-of-way taking for State Department of Highways and Pu~lic Transportation Project Number 8017-1-25, I .P.E.Number 069 and 294, for the POINT Of 'BEGINNING; THE:NCE: N 46°43 1 52 11 E -326. 97 feet to an iron rod for corner; THENCE: · S 44°53 10011 E -·421. 58 feet to a corner; THENCE: S 46°43 152 11 W -317.11 feet to a corner; THENCE: N 46°47 1 1011 W -422.20 feet to the PLACE OF BEGINNING, containing 3.00 acres of land, more or less, from Agriculture-Open District A-0 to Planned Commercial Distrrct C-3. TRACT NO. 2 COMMENCING at an iron rod at the south corner of said 19.31 acre tract, said iron rod also befng In the northeast right7of-way 1 ine of State Highway 6; 0 THENCE: N 46 43'5211 E -110 feet along the proposed right-of-way taking for State Department of Highways and Pub! le Transportation Project Numbe~ 8017-1-25, I .P.E. Number 069 and 294, for the POINT OF BEGINNING; ( ( l ura1nance No. page 2 THENCE: THENCE: THENCE: N 46°43 152 11 N 44°53•0011 s 46°43 152 11 E -303.09 w -296.11 w -317. 11 feet to an iron rod for a corner; feet to a corner; feet to a corner; THENCE: S 46°47 1 1011 E -296.28 feet to the PLACE OF BEGINNING, and containing 2. 19 acres of land, more or less, from Agriculture-Open District A-0 to Administrative- Professional District A-P. And, it ls ordained that said change shall become effective immediately. PASSED AND APPROVED THIS day of ' 1984. APPROVED: Mayor, Gary Halter ATTEST: City Secretary, Dian Jones :: -- STAFF REPORT CASE No.: 84-100 APPLICANT: Charles Lee Ellison REQUEST: Rezone from A-0 to C-1 LOCATION: East side of SH 6, 350 feet north of Barron Road. PHYSICAL FEATURES: Area: 7.00 acre tract -approximately 5. 19 acres inside City Limits Dimensions: See attached Legal Description Frontage: Approximately 718 feet Depth: 326 ft. to 383 ft. (within City Limits) AREA ZONING: North: A-0 (C-1 request pending) East: A-0 South: A-0 West: C-1 (across SH 6) EXISTING LAND USE: Recently annexed area with commercfal use to the north; balance of area vacant with developing areas west of SH 6, COMPREHENSIVE PLAN: Area of Barron Road-SH 6 intersection reflected as office/commercial/medium density residential. ENG I NEER I NG: Water: Will be available within 4 months. Off-site extension may be required. Sewer: Available within l year. Offsite extension may be required. Street Capacity: Adequate Access: From SH 6; access ~oints to be determined at PRC Drainage: Adequate Flood Plain: N/A NOTIFICATION: Legal Notice Publ lcatlon(s): December 21, 1983 & January 11, 1984 Advertised Commission Hearing Date(s): January 5, 1984 Advertised Council Hearing Date(s): January 26, 1984 Number of Notices mailed to Property Owners within 200 ft.: 7 Response Received: One (favorable) to date (12-29-83) RECOMMENDATIONS & COMMENTS: This tract does not meet the development policy recommendations for commer- cial development with respect to depth. It is located near the intersection of two thoroughfares, but ls separated from the intersection by another tract. The staff recommends that the Commission consider the following: a) Denial of the request. b) Approval of A-P zoning. This would comply with the plan and develop- ment policies with respect to the size and location of this iracf. Land use control was cited as one of the reasons for annexing this area. Approval of C-1 zoning would be lnconsiste~t with the City's la~d use plan and la~d use control efforts. Staff Report -84-100 page 2 P&Z ACTION The Planning and Zoning Commission approved a motion recommending denial "without prejudice'' (waiving the 180 day waiting period for filing a new request) by a vote of 4-2. COUNCIL ACTION The City Council returned this item to the Planning and Zoning Commission for consideration of a combination 0f C-3/A-P zoning, In accordance with the applicant's request, a 3 acre C-3 area on the northern protion of the tract, with a 2.19 acre A-P area on the southern portion of the tract, was considered by the Commission on February 16, 1984 , The Commission recommended denial of the C-3/A-P proposal by a vote of 6~1. Commissioner Kaiser requested that Council be advised the Commission's action was based in part on staff information regarding probable changes in thoroughfare and land use plans for this area. Additional information regarding these changes will be presented at the meeting. sjv APPLICATION FOR ZO NE CHANGE '-<f/~ .ve,,o~'~ r-o;e. T!.7 ~Z /.:Jje:JB y,~ ,, ,, (Please Print or Type) ,, ., ··· .. P, 0, Box 4 34, Franklin, TX 77856 .Owner Char1es tee Ellison and wife Address P, 0, Box 434:, Franklin, TX 77856 Glena Juanell ·This property was conveyed to the owner by deed dated April 27, i982 AND recorded Vol. 518 Page 14 of the Brazos County Deed Records. s~~ attached description • . Description: Lot Block Subdivision ~--~ ~------------ Plat recorded in Vol. ____ Block ____ of the Deed Records of Brazos Count.)'. ·: .... ·Existing Zoning: -.io1o&i~g:=-r-...i.-..c .... 11'*l-4't .... 11.._.r_,.e _______ Requested Zoning Commercial . ,.. Present use of property: ' ... none Proposed use of property: ~W_e_s~t~e_r_n_._W7e_a_r_-_S~t_or_e __ ~~-~----------~ Owners of prciperty to be r~zoned: NAME .ADDRESS . Charles Lee Ellison _q.nd wif~, Glepa Juanell Ellison P.O.Box '4J4 Frankli,n, TX .. 77856 . '· · · -. ">; , 01-mers of all property within 200 feet of boundary of zone change according to present tax rolls,. (ATTACH SEPARATE .SHEET IF NECESSA.RY) ... . ' ·. . .i . ··.· NAME ,. See attached iist~ '· The applicant has prepared this application and exhibits ~ttached hereto are true and If application is filed by an agent or by 01-mer and attached. ADDRESS L£6A L D€s C.R 1 PTJoN or: 'Pf?off t::r'I M IJSI /ICCdhP'9NY JJWJ.1Ch77oAl .. LJST 01= "PteorE"RT"1 ouJAJE',e'~ w~Oo Flt~~-~··_ .. ~- : ~. / APPL ICATION FOR ZO NE CHANG E Page (2) . SUPPORTING INFORMATION . ..,--..,-.., --"'• ·-...;;....-. evidence of the following: .--~ +.-, The changed or changing conditions in the area or in the City making this zone change necessary: · · ·Ci ty i s expand in.g . .. " : '. (2) . -... : The zone change is in accordance with the Co mprehen si ve Plan; or if it · is not , then why1s the Pl an incorrect? . ·:.· . ' ·;.Jt , . (3) · · All other reasons to suppo rt the zone change: Idea)." l ocation t o market as,_,commercial. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 26, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, Anderson, Mcilhaney, Prause, Reinke, Runnels COUNCIL MEMBERS ABSENT: None STAFF PRESENT: City Manager Bardell, Director of VISITORS PRESENT: Capital Improvements Ash, City Secretary Jones, Director of Planning Mayo, Assistant Director of Planning Callaway, Assistant City Attorney Locke, r Planning Assistant Longley, Community Development Planner Stevens, City Engineer Pullen, Parks and Recreation Director Beachy, Deputy Finance Director Schroeder, Community Center Director Calliham, Purchasing Agent McCartney, Tax As s essor/Collector Dickson, Administrative Assistant Magoon, Major Feldman, Council-Coordinator Jones See guest register Agenda Item Uo. 1 -Signing of a proclamation designating the month of February as "Heart Month" in College Station. Mayor Halter signed a proclamation designating the month of February, 1984, as "Heart Month" in Colle ge Station. Tom Peterson, President of the American Heart Association in Brazos County, accepted the proclamation. He stated that the Brazos Valley Division of the American Heart Association promotes the prevention of heart disease through education, research, and community service. Agenda Item No. 2 -Approval of the minutes of the Work shop City Council Meeting, January 11, 1984 and the Regular City Council Meeting, January 12, 1984. Councilman Boughton moved approval of the minutes of the Workshop City Counc~l Meeting, January 11, 1984 and the Regular City Council Meeting, January 12, 1984. Councilman Runnels seconded the mot ion which was approved unanimously, 7-0. Agenda Item No. 3 -Consideration of an ordinance rezoning a 4 .9 74 acre tract of land in the Robert Stevenson League (A-54), more specifically located on the east side of SH 6 approximately 500 ft. north of the t REGULAR CITY COUNCIL MEETING ~ THURSDAY, JANUARY 26, 1984 PAGE 2 intersection of Barron Rd. & SH 6, from Agriculture-Open District A-0 to General Commercial District C-1. Application is in the name of Edward Dopslauf. ( 83-120) Assistant City Attorney Locke presented the item. Councilman Boughton moved approval of Ordinance No. 1497 rezoning the above tract. Councilman Prause seconded the motion which was approved unanimously, 7-0. Agenda Item No. 4 -Public hearing on the question of rezoning a 7.00 acre tract of land lying and being situated in the Robert Stevenson League and more specifically located on the east side of State Highway 6 approximately 400 feet north of the intersection of Barron Road and SH 6 from Agriculture-Open District A-0 to General Commercial District C-1. Application is in the name of Charles Lee Ellison. (84-100) r Assistant Director of Planning Callaway presented the item. He stated that this request concerns a 7.00 acre tract, 5.19 acres of which are inside the city limits. He noted that the change requested is from A-0 to C-1 zoning. He explained that this tract does not meet the development policy recommendations for commercial development with respect to depth. He stated that the staff recommends that the Council consider the following: (1) Denial of the request; (2) Approval of A-P zoning, which would comply with the plan and development policies with respect to the size and location of this tract. He further stated that the Planning and Zoning Commission approved a motion recorrunending denial "without prejudice" (waiving the 180 day waiting period for filing a new request) by a vote of 4-2. ' Mayor Halter opened the public hearing. ! Charles Ellison, owner of Ellison Westernwear, spoke in favor of the proposed rezoning. He explained that he purchased the property two years ago for retail purposes and hoped that some type of zoning allowing that use could be approved. Mayor Halter closed the public hearing. Agenda Item No. 5 -Consideration of an ordinance rezoning the above. Councilman Anderson stated that the land had been purchased for a specific purpose anG not for sp2culation. He further stated that this request d r~ws a distinct parallel with the Dopslauf rezoning. Mayor Halter expressed some sentiments toward zoning the property a mixture of A-P and C-3. He suggested that the item be sent back to the Planning , and Zoning Commission for their recommendations on rezoning a portion A-P and a portion C-3, and then returned to the Council. I REGULAR CITY COUNCIL MEETING _,,-THURSDAY I JANUARY 26 I 1984 PAGE 3 Councilman Prause moved to send the item back to the Planning and Zoniny Commission for consideration of rezoning a portion of the tract A-P and a portion C-3 and return their recommendations to the Council. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Mayor Halter suggested that Mr. Ellison submit to the Planning and Zoning Commission a recormnendation as to where he would prefer the line to be drawn between A-P and C-3. Agenda Item No. 6 -CONSENT AGENDA : BIDS: Consideration of Bids for Recording Voltmeters - 4 each. Consideration of Bids for Skeleton Rig with Hydraulic Winch. Consideration of Bids for Crewcab Pickup and Economy Pickup Truck - l each. Consideration of Bids for labor, equipment, and materials to tie an existing 6" water line to 12" line on Hwy 30. Consideration of Bids for Chlorine Supply Contract, 2/1/84 through 6/30/85. PLATS: Master Preliminary Plat -Southwood Valley Section 25 51.397 Acres (84-300) Councilman Reinke requested that the bid on the water line be removed from the consent agenda. Councilman Anderson requested that the master preliminary plat -Southwood Valley Section 25 be removed. All items not removed were approved by cormnon consent. Councilman Reinke inquired about the exact location of the project and length of the water line. Purchasing Agent McCartney stated that the bid is in reference to tying an existing 6 " water line on Appomattox to an existing 12" line on Hwy 30 . She referred to a memorandum from Bennie Luedke which · explained the project in more detail. Councilman Reinke moved to grant approval of the water line bid to S&W MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: MINUTES CITY OF COLLEGE STATION, TEXAS Planning and Zoning Commission January 5, 1984 7:00 P.M. Chairman Hill, Members Kelly, Hansen, Martyn, Bailey, Miller Member · Ka Iser 'Assistant Director of Planning Callaway, Zoning Official Kee, City Engineer Pullen, Assistant City Attorney Locke and Planning Technician Volk AGENDA ITEM NO. 1: Approval of Minutes -December 15, 1983 Mr. Kelly made a motion to approve the minutes with Mr. Miller seconding. Motion carried 5-0-l (Hansen abs ta I ned). AGENDA ITEM NO. 2: Hear Visitors No one spoke. AGENDA ITEM NO. 3: 84-100: A public hearing on the guest ion of rezoning a 7.00 acre tract of land 1 in and bein situated ·in the Robert Stevenson League and more specifi- cally located on the east side of State Highway approximately 00 feet north of the intersection of Barron Road and SH 6 from Agriculture-Open District A-0 to General Com- mercial District C-1. Application ls in the name of Charles Lee Ellison. Mr. Callaway explained the request, stating that only 5, 19 acres of the 7.00 acre tract is within the City because tl1e: proposed right-of-way for SH6 was eliminated from annexa- tion. ·He stated that land in the area ls predominately vacant now, with the Courtland Subdivision and the Shenandoah Subdivision in the vicinity, as well as the proposed Buff's Food and Fuel which is under construction. He pointed out on a map the tracts which have recently been rezoned to C-1, C-N, C-3 which are also in the same vicinity, as well as the tract of land just to the north -but not adjacent to this tract, for which a request to rezone to C-l 1has been tab-I ed by Gounc i 1. Mr. Callaway further expla~ned that th~ request for C-1 zoning on this tract does not comply with established policy regarding depth requirements for C-1 zoning, and that staff cannot support this request. Staff advises that A-P zoning would be more appro- priate and that ·staff would reccimmend either denial of this C-1 request,· or establishment of A-P zoning on the tract. He pointed out that C-3 zoning would allow the intended use of the land whereas A-P would not, however C-3 zones have a 3 acre maximum, and this request Is for more than 3 acres. He added that this tract could be subdivided. Mr. Hill asked If staff had discussed their recommendation with the applicant, and Mr. Callaway advised that he had discussed the basis for establishing zoning districts with the appli- cant and had also had general discussion regarding the various zoning districts and the allowed uses within each district with Mr. Ellison. The public hearing was opened and Charles Ellison, Franklin, Texas, owner of the tract under consideration came forward to give the background and intended use of this land, stating that he has plans to establish a western wear store on the tract, using the remaining land for a strip commercial center. He said that he had purchased the land ap- proximately 2 years ago with this in mind, and that at the time of purchase, the land was outside the City limits. He stated that any zoning district which would allow re·tail t't.L r11nul:es 1-S-84 page 2 sales, even excluding alcohol le beverages, would be acceptable to him. He then handed out estimated sales tax information which the City might collect to each Commissioner for consideration. No one else spoke. The public hearing was closed. Mr. Kelly asked why staff had recommended denial of this request, stating that this tract is the same depth as the tract to the north which the Commission had recommended to rezone to C-1, and to his recollection, staff had not voiced concerns when presenting that re- quest. Mr. Callaway reiterated that staff is concerned with the depth of this tract which does not meet established pol Icy for C-1 tracts, as well as the location of this land with regard to the approved land use policy;-further informing Mr. Kelly that at the time the request to the north' was considered, staff had made identical recommendations as they are making on this ·tract tonight, but the Commission had chosen to rezone for its own reasons. Mr. Hill explained that some of the Commissioners had voted to rezone that tract to the north because there was already something on the ground at that location. Mr. Martyn asked for clarification of C-3 zoning requirements, which Mr. Callaway explained Mr. Callaway also pointed out that while C-3 zoning would address the depth problem, A-P zoning would better comply with the approved land use plan. Mr. Miller l"ikened the sit- uation which ls currently developing in· this newly annexed area to that which has occurred In the past along Texas Avenue and Harvey Road. Then Mr. Miller made a motion to table this request to allow study .by a subcom~ittee to determine what type of development is desireable in this newly annexed area. Mr. Hill asked where the new, proposed road is 1 lkely to be located with respect to the flood plain, and Mr. Callaway explained that at the time the studies were done for the Comprehensive Plan, the thoroughfare was plan- ned to run east from the Intersection of SH6 and Barron Road, but that with more in-depth studies, It has become apparent that there would be several rather expensive problems to address at that location, i ,e., the multiple creek crossings which would be required and the ex i sting landfill, therefore It ls probable that an adjustment in the location of this thoroughfare will be made, perhaps to a location further south which would minimize the required number of creek crossings, and ·miss the landfill as well. Mr. Martyn then seconded the motion to table ·this request pending results of a study of the area bordering the old City 1 imits and including all of the newly annexed land. Motion was defeated 2-4 (Martyn & Miller for; Kelly, Hill, Hansen & Bailey against). Mr. Balley said he would rather get a r~ading from the City Council on the tract to the north of this tract before r~l·ing on this request. Mr. Miller said that if A-P zoning follows the Comprehensive Plan, then perhaps the C1ty should zone this land A-P. Mr. Balley said there is a posslblllty ·that the land between the flood plain and the landfill may become an Island, and may be of unique character and simply not fit into the Plan. Mr. Balley then made a motion to deny this request without prejudice, which would eliminate the 180 day waiting period before refiling a request, as prescribed in the Zoning Ordinance. Mr. Miller seconded the motion, stating he is doing sO to hear discussion, Mr. Callaway explained that the · strip to the north between this tract and · the tract on which the re- quest to rezone has been ·tabled·by the Council, ls owned by the same person. Votes were cast and the motion to deny without prejudice carried 4-2 (Kelly & Hansen against). AGENDA ITEM NO. 4: 84-200: Final Plat -Texian Inn Addition -Vacating & Subdivision of Lot 1 BJock One, North Park Addition Section 1, and a previously unplatted 1.92 acre tract of land, Mr. Callaway located the land, explaining that the Presubmlssion Conference recommendations have all been met therefore staff recommends approval. Mr, Kelly made a motion to recom- mend approval with Presubmlsslon Conference recommendations; Mr. Hansen seconded. Motion carried unanimously (6-0). " · .. -· ..... STAFF REPORT CASE No.: 84-100 APPLICANT: Charles Lee Ellison REQUEST: Rezone from A-0 to C-1 LOCATION: East side of SH 6, 350 feet north of Barron Road. PHYSICAL FEATURES: Area: 7.00 acre tract -approximately 5. 19 acres inside City Limits Dimensions: See attached Legal Description Frontage: Approximately 718 feet Depth: 326 ft. to 383 ft. (within City Limits) AREA ZONING: North: East: South: West: EXISTING LAND USE: A-0 (C-1 request pending) A-0 A-0 C-1 (across SH 6) Recently annexed area with commercial use to the north; balance of area vacant with developing areas west of SH 6. COMPREHENSIVE PLAN: Area of Barron Road-SH 6 intersection reflected as office/commercial/medium density residential. ENGINEERING: Water: Will be available within 4 months. Off-site extension may be required. Sewer: Available within 1 year. Offsite extension may be required. Street Capacity: Adequate Access: From SH 6; access ~oints to be determined at PRC Drainage: Adequate ·f , ! · F 1 ood P 1 a i n : N/ A · ' . NOTIFICATION: Legal Notice Publlcatlon(s): December Advertised Commission Hearing Date(s~)r:i-:..::~~==i¥=1-==::~~~~ Advertised Council Hearing Date(s): Number of Notices mailed to Property wners Response Received: One (favorable) to date RECOMMENDATIONS & COMMENTS: 11 ' 1984 7 This tract does not meet the development policy recommendations for commer- cial development with respect to depth. It is located near the intersection of two thoroughfares, but ls separated from the intersection by another tract. The staff recommends that the Commission consider the following: a) b) Denial of the request. Approval of A-P zoning. This would comply with the plan and develop- ment policies with respe~t to the size and location of this tract. Land use control was cited as one of the reas0ns for annexing this area. Approval of C-1 zoning would be lnconsiste~t \Jith th~ Cl~y•s la~d use plan and la~d control efforts. •' .. . -\"· ....... . Staff Report -84-100 page 2 P&Z ACTION The Planning and Zoning Comm i ssion approved a motion recommending denial "without prejudice" (waiving the 180 day waiting period for filing a new request) by a vote of 4-2. -(~" c_-:..._ \"'-\ c.._0-<.1/\/ c . .' ... \ ~ \c., "-' rJ ''"" \ °'-..-j ?...c r-..1 ''"" \ () A. <:._v"'--~ ~N ~ ~ '~ r..J \"'-l ~ \ ~ \ \.r Le.. ~ '*' .1 V 't 'j V' ~ l + ? 0--.. w '\_,\\ ~ {'J C) ,,. \-l__ "' "' "'l. . l "\ ""' ~ r+ .... '<\ 1--' ~---ell ._,\ ~ ~ ~~ .S o \,~'-"'-'\. () -Y \-:u I'-GJ <... u rJ ~ r 'J_,..,., q J \...1 \-~ Cu /V/;"'V) 1 .4 Sr o ,v CY r.,/ / ~~ \A _,. <..I ..... .... '"1 °'-~"' ·~ o~ 0 I -( () AA-f"V't~Sro~ y~L O't-vA-VJ,...._cl(_\>{ b ., ~ ~ ~ ~~) f\-~ i. ( c·. ORDINANCE NO. AN ORDINANCE REZONING TWO TRACTS OF LAND TOTALLING 5.19 ACRES, BOTH BEING A PART OF A 7.00 ACRE TRACT OF LAND, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND AS RECORDED IN VOLUME 518, PAGE 14 OF THE BRAZOS COUNTY DEED RECORDS, LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE IN BRAZOS COUNTY, TEXAS, AND BEING A PART OF THAT 19.31 ACRE TRACT OF LAND DESCRIBED IN THE DEED RECORDED IN VOLUME 363, PAGE 730 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS FROM AGRICULTURE-OPEN DISTRICT A-0 TO PLANNED COMMERCIAL DISTRICT C-3 AND ADMINISTRATIVE-PROFESSIONAL DISTRICT A-P. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council held a pub] ic heartng fn the City Hall at 7:00 P.M. on Thurs- day, 1984, on the question of rezoning certain areas wtthin the Cfty Limits: AND, WHEREAS, the City Council has determined the following: To rezone or change the classification of two tracts of land totalling 5.19 acres, both being a part of a 7.00 acre tract of land, being all that certain tract or parcel of land as recorded in Volume 518,,Page 14 of the Deed Records of Brazos County, Texas, lying and being situated In the Robert Stevenson League in Brazos County, Texas, and befng a part of that 19.31 acre tract of land described in the Deed recorded in Volume 363, page 730 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: TRACT NO. COMMENCING at an iron rod at the south corner of said 19.31 acre tract, said iron rod also betng in the northeast right-of-way line of State Highway 6; THENCE: N 46°47 1 10 11 W· -718.76 fe~t along said State Highway 6 1 ine to an iron rod for a corner; 0 THENCE: N 46 43'52" E -110 .feet along the proposed right-of-way taking for State Department of Highways and Public Transportation Project Number 8017-1-25, I .P.E.Number 069 and 294, for the POINT OF BEGINNING; 46°43 I 52'! :: THENCE: N E -326.97 feet to an iron rod for corner; THENCE: · s 44°53•0011 E -421 .58 ·feet to a corner; THENCE: s 46°43'52" w -317 .11 feet to a corner; . THENCE: N 46°47'10" W -422.20 feet to the PLACE OF BEGINNING, containing 3.00 acres of land, more or less, from Agriculture-Open District A-0 to Planned Commercial District C-3. TRACT NO. 2 COMMENCING at an Iron rod at the south corner of said 19.31 acre tract, said iron rod cilso being In the northeast right-of-way 1 ine of State Highway 6; 0 THENCE: N 46 43 152" E -110 feet along the proposed right-of-way taking for State Department of Highways and Publ le Transportation Project Number 8017-1-25, I _P.E. Number 069 and 294, for the POINT OF BEGINNING; ( (_ ura1nance No. page 2 THENCE: THENCE: THENCE: THENCE: N 46°43 152 11 N 44°53'00" s 46°43'52" s 46°47 I 1 O" E -303.09 w -296.11 w -317. 11 E -296.28 feet to an iron rod for a corner; feet to a corner; feet to a corner; feet to the PLACE OF BEGINNING, and containing 2.19 acres of land, more or 1 ess, from Agriculture-Open District A-0 to Administrative- Profess iona 1 District A-P. And, it Is ord~lned that said change shall become effective immediately. PASSED AND APPROVED THIS day of ' 1984. APPROVED: Mayor, Gary Halter ATTEST: City Secretary, Dian Jones :: AN ORDINANCE REZONIN Ci-i A 7.00 ACRE TRACT OF LAND , BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND AS RECORDED IN VOLUME 518, PAGE 14 OF THE BRAZOS COUNTY DEED RECORDS, LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE IN BRAZOS COUNTY, TEXAS, AND BEING A PART OF THAT 19.31 ACRE TRACT OF LAND DESCRIBED IN THE DEED RECORDED IN VOLUME 363, PAGE 730 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, FR-()f("AGRICULTURE-OPEN DISTRICT A-0 I.9 ~~~~ . -S R+ C-1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council held a public hearing in the City Hal 1 at 7:00 P.M. on Thursday, 1984, on the question of rezoning certain areas within the City Limits: AND, WHEREAS, the City Council has determined t¥% fol lowing: To rezone or change the classification o ~a1{;~hat certain 7.00 acre ~ct or parce l of land, as recorded in Volume 518 Page 14 of the Deed Records of Brazos County, Texas, lying and being situated in theRObert SteVenson League in Brazos County, Texas, and being a part of that 19.31 acre tract of land described in the Deed recorded in Volume _1_§]_, page_ll.Q_of the Deed Records c;f Br.azos County, Texas, and being more particularly described as follows: BEGINNING: at an iron rod at the South corner of said 19.31 acre tract, said iron rod also being in the Northeast right-of-way line of ~tate Hwy 6; THENCE: N 46°47 1 1011 W -718.76 feet along said State Kwy 6 line to an iron rod for corner; THENCE: N THENCE: S THENCE: S E -436.97 feet to an iron rod for corner; E -717.69 feet to an iron rod for corner; W -413.09 to the PLACE . OF BEGINNING and containing And, it Is ordained .that safd cha . i.: shal 1 become effective immed iately. PASSED AND APPROVED THIS · day of , 1984. APPROVED:. Mayor, Gary Halter ATTEST: City Secrttary, Dian Jones "'"'"' "'"'"' ...... :::>:::>:::> (J(J(J "'""" "'"'"' ~~~ "'"'"' "'"'"' ::c::c::c "'"'"' 000 <()~~ .-NO.• cocom:i MMM! ~~~j o..:t a.Y"I 1.r~"' V'od a* +ke.. 5~ Co<t\U o+ ~ l'l.31 ac.~ ~od cU$o ~~ 1~ tv-.e. ND<~-\-,iqu-of-~ 1t.-.'.e of !HENCE= ti 4t.o 0 43 1 S-2 11€ 3o3.0<i fed .fo M \'<b() -rod -k>-re.. CSX'~ ) 0 I 11 /H<NCE. ! N 44-53 oo VI -2tJ4i,/I fee* to tL CDif\fW j /HENeE : S 4to0 43' sz." w -317,11 ~ -ft> a.. 6y()t!.ol' j 11tel'JCE. S 'f{pD "Ii' /o''c_ -zq~.zs f'"o f1-ie.. fltu.e pf) ~/~rt;VXJ arid Gor1-ltU111.r.Cj 2 .IC/ ac..res o..f I~ mote. l)t le!>S • www "'""" <<< ::>::>::> 000 "'""" "'"'"' ......... WWW ~~~ 000 .,,e~ .. ,...NO.• auoao ::i MMM ! NNN ! ..,,..,,..,,J 3.DO ~ {!,oM#1£NCltJ& :. a.;l ())/\ \.fDt\ n:id a.*-+t-e., ~ C/J<"I\~ '9,P ~ l'·t 31 Ocie_ -h-o.d:) so..Ad 1~ v-od 0-l~o b~~ 1~ ~ No~+Y\fbS.+ fl~~ -1-f-w~ l 1~e t>+ ~ l+wd iR .) 1'H&¥:£ : 1-J ~ 4i 10" w -7/8.1tc fed aJo"4 ~d 5-We.-Hwd-~ liYJe +o Qt'\ l<'Of\ -rocl.. for-a... Ct>rf\e;t ) '}l&ICE ; /'/ ~ 43 52.. c -/W ~U ~ +t.e.~fO~ 'fiq~-of-~ -1u.¥.11.4 1br ~ Deptu--\-~ "f H-1q~ a,.r...d Pv..b\ic., ~IOI'\ Pto'r:* Number Bon-1-Z5 ) J:. 'P. E.. ,rJuMl:J& a,q a>"Ci 2q4 r , ~ ~ · · ) 1t>" ~ .po1tJ:. ~T Jll'\t'\lr\Cf l T/IEIJCE : "' 4, 43 s'-E -321, .t:r1 fee* "°QI\ , fol"\ fed .fo.-CL /1~A • LVt'\er) /f!EJJCE : S "'f4. S'3 oo C:. 4ZI SB te.d +o a.. C!.of'ft& ) fflt3.lcC : S 4t... 43, Sz W -317,1/ fe.cl -Iv a.. Cor'llel') /l+SJCE : N 4~ 47 Jo vJ -422.U> +e£;t-+o p lat.e_ of ~,;,..,;""') > ~11,;,~ 3.oo acfes o+. /a.v:J fV1Dl'e.. or-less~ City of College Station POST OFFICE BOX 9960 I IOI TEXAS AVENUE COLLEGE STATION, TEXAS 77840-2499 February 9, 1984 MEMORANDUM TO: Planning and Zoning Commission FROM: Jim Callaway, Ass 1t, Director of SUBJECT: 84-100: Reconsideration of the question of rezoning a 7.00 acre tract of land lying and being situated in the Robert Stevenson League and more specifically located on the east side of State Highway 6 approximately 400 feet north of the intersection of Barron Road and SH6 , Request is to change from Agriculture-Open District A-0 to General Commercial District C-1. Application is in the name of Charles Lee Ellison. On January 26, 1983 the City Council approved a motion returning the Ellison C-1 request to P&Z for consrderation of rezoning the tract to A-P and C-3. Attached are previous staff reports, appl !cations and the Council mrnutes for January 26th, Mr . Ell Ison has advised me that he would prefer three acres of C-3 zoning, on the northern portion of the tract, wtth the balance being A-P, sjv ...... , r l 1 .,,, ,I • 'l City of College Station POST OFFICE BOX 9 960 110 1 TEXAS AVENUE February 9, 1984 Mr, Charles Lee Ellison P. 0. Box 434 Frankl In, TX 77856 Dear Hr. Ellison: COLLEGE STATION, TEXAS 77840-2499 Reconsideration of your rezon i ng request has been placed on the February 16, 1984 Planning and Zoning Commission agenda. I have advised the Commission of your preference to have consider- ation of 3 acres of C-3 Planned Commercial zoning on the northern portion of your tract with the balance to be A-P. Enclosed Is a copy of C-3 and A-P permitted uses. If you require any additional information, please contact me , Sincerely, CITY OF COLLEGE STATION \.._._\\~ James M. Callaway Assistant Director -0f Planning xc: Fl le Enclosures (2) ORDINANCE NO, AN ORDINANCE REZONING A 7.00 ACRE TRACT OF LAND, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND AS RECORDED IN VOLUME 518, PAGE 14 OF THE BRAZOS COUNTY DEED RECORDS, LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE IN BRAZOS COUNTY, TEXAS, AND BEING A PART OF THAT 19.31 ACRE TRACT OF LAND DESCRIBED IN THE DEED RECORDED IN VOLUME 363, PAGE 730 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, FROM AGRICULTURE-OPEN DISTRICT A-0 TO GENERAL COMMERCIAL DISTRICT C-1 . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council he ld a public hearing in the City Hall at 7:00 P.M. on Thursday, 1984, on the question of rezoning certa in areas within the City Limits: AND, WHEREAS, the City Council has determined the fol lowing: To rezone or change the classification of all that certain 7 .00 acre tract or parcel of land, as recorded in Volume 518 Page 14 of the Deed Records of Brazos County, Texas, lying and being situated in the Robert Stevenson League in Brazos County, Texas, and being a part of that 19 .31 acre tract of land described in the Deed recorded in Volume 363, page 730 of the Deed Records of Brazos County, Texas , and being mo re particularly desc ribed as f ollows: BEGINNING: at an iron rod at the South corner of said 19.31 acre tract, said iron rod also being in the Northeast right-of-way line of State Hwy 6; THENCE: N 46°47 1 10 11 W -718.76 feet along said State Hwy 6 line to an iron rod for corner; THENCE: N 46°43'52" E -436.97 feet to an iron rod for corner; THENCE: S 44°53 1 00 11 E -717.69 feet to an iron rod for corner; THENCE: S 46°43 152 11 W -413.09 fee t to the PLACE OF BEGINNING and containing 7.00 acres of l and, more or less, according to a survey made und er the supervision of Donald D. Garrett, Registered Public Surveyor No. 2972 in March 1982 from Agriculture- Open District A-0 to General Commercial District C-1, save and except that portion of land proposed in the right-of-way ta king for State Department of Highways and Publi c Transportation Project Numb~r 8017-1-25, I .P.E .. Number 069 and 294. And, it ls ordained that said cha shall become effective immediatel y. PASSED AND APPROVED THIS day of ' 1984 . APPROVED: Mayor, Gary Hal te r ATTEST: Cit y Secretary, Dian Jones • Ul llU:-,l Ul ~Y\..11 UUl..\.I J.&"""&."""'''"'" .............. !~ave GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CHARLES LEE ELLISON and wife, GLENA JUANELL ELLISON, whose mailing address is P. O. Box 434, Franklin, Gexas 77856 herein referrea to as "Grantee" of the County of Robertson and State of Texas , all.of the following described real prcperty in Brazos County, Texas, to-wit: y . . ·. . Being all t hat certain tract or parc e l of land, lying and being situated in the ROBERT STEVENSON LEAGUE in Brazos County, Texas, and being a part of that 19.31 acre tract of land described i n the Deed recor ded in Volume 363 , page 730 of the Deed Records of Brazos County, Texas, and bei ng more particularly described as follows: BE GI NNI NG: at an iron ?od iron rod a lso being in the at the South corner of said 19~31 acre tract, s aid Northvot;~~t -a~wa141.ine of State Hwy 6; -----~---------- THENCE: N 46°47'10" W -718.76 feet along said State Hwy 6 line t o an iron rod for corner; THENCE: N 46°4'3''52" E -436.97 feet to an iron rod f or corner; THENCE.:. S 44.Q.ss•·.oo"-E 717. 69 feet to an iron rod for corner; THENCE: S 46°43'52'' W -413.09 feet to the PLACE OF 'BEGINNING and containing 7.00 acres of land, mo re or less, according to a survey made under the supervision of Donald D. Garrett, Registered Public Surveyor No. 2972 in March 19 82. THIS CONVEYANCE IS MADE SUB JECT TO THE FOLLOWING: 1. REA Easement dated May 7, 1937, from Mrs. J.M. Hi ggins to City of Bryan, recorded in Vo lume 98, page 73, De~d Records of Brazos County, Texas. 2. Right-of-way Easement dated July 30, 19 79, from E. E. Dopslauf to City of Bryan , recorded in Volume 430, page 51, Deed Records of Brazos County, Texas. 3. Oil and Gas Lease dated November 29, 1978, from E. E. Dop slauf, et ux to Jordan Engineering Company, recorded in Volume 33, page 817, O&GL Records of Brazos County, Texas. 4. All valid and subsisting easements, restrictions, rights of way, condition s exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of mun icipal or other go vernmental autnorities ap plicable to and enforceabl e against the described premi ses. There is hereby reserved unto granters, their heirs and assigns, an undivided one -half (1/2) of the land owners royalty in and t o all of the oil, and other min erals in and under and that may be produced from the above described property. It is under stood and agreed that grantors, their heirs and assigns, s hall not participate in the making of any o il, gas or mineral lease cove r i ng said property, nor shall they participate in (1) any bonus or bonuses which may be paid for any such lease, (2) any rental to be paid under any such lease, (3) nor shall they participate in any rental or shut-in gas well royalty to be paid under any such leas e. TO HAVE AND TO HOLD the above described premises, together with all and.singular the rights and ______ .....___ :; r 2 ,, t A t c r .,,,.,. 2 ,. --1 -< .....r> (, l l" "" ........ ( -;: fi "' ~ ~ -+--,.-;() ,? z ._) r (0 ~ a, a j / ) ~ ....J' ()"" /; ~ -..i '( SL ) ) c < J ~ ) .....6 -c "'-r STAFF REPORT CASE No.: 84-100 APPLICANT: Charles Lee Ellison REQUEST: Rezone from A-0 to C-1 LOCATION: East side of SH 6, 350 feet north of Barron Road. PHYSICAL FEATURES: Area: 7.00 acre tract -approximately 5. 19 acres inside City Limits Dimensions: See attached Legal Description Frontage: Approximately 718 feet Depth: 326 ft. to 383 ft. (within City Limits) AREA ZONING: North: East: South: West: EXISTING LAND USE: A-0 (C-1 request pending) A-0 A-0 C-1 (across SH 6) Recently annexed area with commercial use to the north; balance of area vacant with developing areas west of SH 6. COMPREHENSIVE PLAN: Area of Barron Road-SH 6 intersection reflected as office/commercial/medium density residential. ENGINEERING: Water: Will be available within 4 months , Off-site extension may be required. Sewer: Available within 1 year. Offsite extension may be required. Street Capacity: Adequate Access: From SH 6; access points to be determined at PRC Drainage: Adequate Flood Plain: N/A NOTIFICATION: Legal Notice Publ ication(s): December 21, 1983 & January 11, 1984 Advertised Commission Hearing Date(s): January 5, 1984 Advertised Council Hearing Date(s): January 26, 1984 Number of Notices mailed to Property Owners within 200 ft.: 7 Response Received: One (favorable) to date (12-29-83) RECOMMENDATIONS & COMMENTS: This tract does not meet the development pol icy recommendations for commer- cial development with respect to depth. It is located near the intersection of two thoroughfares, but is separated from the intersection by another tract . The staff recommends that the Commission consider the following: a) Denial of the request. b) Approval of A-P zoning. This would comply with the plan and develop- ment policies with respect to the size and location of this tract. Land use control was cited as one of the reasons for annexing this area. Approval of C-1 zoning would be inconsistent with the City's land use plan and land use control efforts. LEGAL NOTICE: DATE(S) TO BE PUBLISHED: BILL TO: THE CITY OF COLLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TEXAS 77840 TO WHOM IT MAY CONCERN: ~I ' . , The College Station City Council will hold a public hearing on the quest ion of rezoning the following property: -::;:::;. -- A 7.00 acre tract of land lying and being situated in the Robert Stevenson League and more specifically located on the east side of State Highway 6 approximately 400 feet north of the lnte~section of Barron ·Road and S.H.6 from Agriculture-Open District A-0 to General C.ommerclal District C-1. Application is in the name of Charles Lee Ell Ison. The said hearing will be held in the Council Room of the College Station City Hall, 1101 South Texas Avenue at the 7:00 P.M. meeting of the City Council on Thursday, January 26, 1983. For additional information, please contact me. James M. Callaway Assistant Director of Planning LEGAL 'tii O'i'ICE: DATE(S) TO BE PUBLISHED: BILL TO: THE CITY OF COLLEGE STATION P.O. BOX 9960 COLLEGE STATION, TEXAS 77840 TO WHOM IT MAY CONCERN: ; . C;.C:·-_:, -.:. . ~ , ·_.c The College Station Planning and Zoning Corrunission will hold a public hearing on the question of rezoning the following property:". A 7.00 acre tract of lanef lying and being situated in the Robert Stevenson League and more specifically located on the east side of State Highway 6 approximately 400 feet north of the intersection of Barron Road and S.H.6, from Agriculture-Open District A-0 to General Commercial District C-1. Appl icatlon is in the name of Charles Lee El 1 ison. The said hearing will be held in the Council Room of the College Station City Hall, 1101 South Texas Avenue at the 7:00 P.M. meeting of the Planning and Zoning Commission on Thursday, January 5, 1984-, ·- .:. For additional information, ,Please c?ntact me. James M. Callaway Ass't. Director of Planning City of College Station POST OFFICE BOX 9960 1101 TEXAS :WENL'E COLLEGE STATION. TEX.,-\S 77840-2499 December 19, 1983 TO WHOM IT MAY CONCERN: NOTICE OF PUBLIC HEARING This ls to notify you that the City of College Station has received your application requesting rezoning of the property described below: A 7.00 acre tract of land :lying and being situated In the Robert.· Stevenson League and more specifically located .on the east side of State Highway 6 approximately 400 feet north of the lntersect·ion of Barron Road and S.H.6, from Agriculture-Open District A-0 to General Commercial DLstrlct ·C-1. Date received: 12-15-83 ., . ..-P&Z Case No. assigned: ~~~~~~~~~~ 84-100 This request will be considered in .two public hearings to be held as follows: Planning & Zoning Commission: 7:00 p,m., Thursday, January 5, 1984 City Council: 7:00 p.m., Thursday, Thursday, January 26, 1984 Both hearings will be held in the Council Room of the College Station City Hall, 1101 South Texas Avenue. The date of the City Council public hearing may be changed because of action taken by the Planning and Zoning Commission. If the date of the City Council hearing is changed, you will be notified by mail. For additional Information, ~ontact the City Planning Office, (409)696-8868 Ext.238. James M. Callaway :·· ; __ .. '• .. : ~ Ass 1 t Director of Planning ;'. ~ i.: --., i I ; r ~ -----· -·· -,. ' . . . . . have GRANTED, SOLD AND CONVEYED, 'and by these presents do GRANT, SELL ~ND CONVEY unto ~ . CHARLES LEE ELLISON an~ wife,' GLENA JUANELL ELLISON; whose mailing addn~ss 1s P. O. Box 434, Franklin, Gexas 77856 herein referrea to as "Grantee" _ of the County of Robertson and State of Texas -, all. of the following described real pnp erty in Brazos County, Texas, to-wit: . . . . Being all that certain tract or parcel of land, lying and.being situated in ;the ROBERT STEVENSON LEAGUE in Brazos -County, Texas, and being a part of that 19.31 acre tract of land described in the Deed recorded in Volume 363, page 730 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: · -· BEGINNING: at an iron ~od at the South corner of said 19~31 acre .tract, said iron rod also being in the N~rtheast right-~£-wa!LJ~~e ~~ Sta_t~ Hw_y 6; ·. VOLJ1$=~AtiE . , . _., . _, . . ., ,, .. ···· ;./•, '· ·rr:; ... :.r-,..v ·r t ..,. ' ·~ ,J. ~.. • -;,.·_· ." • THENCE: ·N 46°47'10" W -·718.76 feet·-·along .said .~tate Hwy 6 line to. an iron rba for't.c'orner~c:r --~-~ .'!f; ...,1.-.-.·~:-'; r,:~·,\~.r.:-.. J·.n-.-( . . .. THENCE:.':· N · 46 ° 4'3'' 5 2" E :;..·· 4 36 ~ 9 7 · £eet1i fo an -Iron· rod for corner; THENCE::~·. s::44.~'53JOO.".: E -. 717. 69 feet to. an iron rod for corner; THENCE:-:· S 46°43·'-.52":-w . .:.· 413. 09 · feet··-to the PLACE OF .BEGINNING and containing 7 ~oo··acres of ~l•nd, fuof~ or l~ss, a~cording to a survey made under the supervision of' Donaldr-.b ~; Garrett, Registered Public Surveyor No. 2972 in March 19 8 2 ·• . -~ ·-. .;: ·· •J,. .;.. -: .: -.-I . -· · . · , ,... '""'i THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: 1. REA Easement dated May 7, 1937 ,:·from Mrs. J. M. Higgins to City of Bryan, re¢orded in·· Volume 98,. pa~fe .. 7 3, De~d Records of Brazos County, . Texas. 2 •... _R~ght-of-way Easement dated July 30, 1979, from E. E. Dopslauf to City of Bryan, recorded _in Volume ·430, page 51, Deed Records of Brazos County, Texas. 3. -Oil and Gas Lease dated November 29, 1978, from E. E. Dopslauf, et ux to Jordan Enginee,ri~g Company, recorded in Volume 33, page 817, O&GL Records of Brazos County, Texas. · · 4. ··All . valid and subsisting easements, restrictions, rights of way, conditions exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other r~strictions, regulations, ordinances and statutes of municipal or ·other governmental autnorities applicable to and enforceable against the descr~bed pt~mises. 1 . : I J.. I • There is hereby reserved unto grantors, :their heirs and assigns, an undivided one-half (1/2) of the land owners royalty in .. and to all of the oil, and other minerals in and under and that may be produced from the above described -- _property. It is understood and' agreed that grantors, their heirs and assigns, shall not participate in the making of any oil, gas or .mineral lease covering said property, nor shall they participate in (1) any bonus or bonuses which may be paid for any such lease, (2) any rental to be paid under any such lease, (3) nor shall they participate .in any rental or shut-in gas well royilty to be paid under any such lease. , · . TQ _HAVE _AND TO ~.OLD the above described premises, together with all and.~ing:u iar Jhe rights and • .... • . • . ·t· P&Z CAS E NO. tf.lf"'-/p-o \ ·' CITY OF COLLEGE STATION ~~~ .... ~\11>~.,~~t>ltl,... .. A_.,,.,..:....... ....... ,,,.;.-·• • 'V •• ,..._. •• '' ... _ • 1' ••' ·~~}~1.t.;.\~·r...;·l.,·~~• \..~··i"'er~~ ... ,. ..... i-~-11~·-... ' ..... ·., ... i.,.._ .. v .. , ... ~ ,1 • • ·••• ,,. • •• • • ·.··, 1-·· ~ ~ ·~ , • •'P.l ~I '""..-,"I • • -·.u "'-. .;. .'•·, • .\ -' , .. · ·--OWNERS OF PROPERTY WITHIN 200 FEET OF ALL PROPERTY LINES OF SUBJECT PROPERTY: . ...,-''.".""~n >•,.. ·{.! ..;:·~·. ... . , . . ·" ... . . . . . . ... · . . '~~~~·~~·~~~NAME ·.,'O,v~JO{.:t;o·.-';''"'"'-¥~.!,:,U· ,; ,, . "'"'~¢.l'Y"•''~.\ct:":,/;,:.l",'/',·I• .. "' ADDRESS BERT WHEEi ER INC. P.O. BO X 20027, HOUSTON, TX 7702 5 L. G. JONES DRAWER J, COL LEGE STATION, TEXAS 7784 0 BLUE DOLPHIN CLUB, INC., EDWARD DOPSLAUF RT. 4, BOX 223, COLLEGE STATI ON, TEXAS 77840 STEPHEN L. BA KER RAY DYER INC. DRYWALL AND BUILDERS SUPPL Y WALTER BUSS E ATTACH ADDITIONAL SHEET S IF NECESSARY. CERTIFICATION OF TAX ASSESSOR OR CLERK APPL ICAT iON FEE / 170i WOODLAND , BRYAN, TEXAS 77801 RT. 4, BOX 178A, COLLEGE STATION, TEXAS 77 840 RT 1, BOX 5, NAVASOTA TEXAS 77868 210 N. 10th ST., NAVASOTA, TEXAS, 77 868 ~~~~~~~~~~~~~~ c·ty of College Station POST OFFICE BOX 9960 I I 0 I TEXAS ;\ \'E'.\:UE COLLEGE STATION. TEXAS 77840 December 19, 1983 TO v/HOt1 IT MAY CONCERN: NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station has received an application request- ing rezoning of a property located within 200 feet of a tract of land owned by you. The request will be considered in two public hearings to be held as follows: Planning & Zoning Commission: 7:00 p.m., Thursday , January 5, 1984 City Council: 7:00 p.m., Thursday, January 26, 1984 Both hearings will be held in the Council Room of the College Station City Hall, 1101 South Texas Avenue. The date of the City Council public hearing may be changed because of action taken by the Planning and Zoning Commission. If the date of the City Council hearing is changed, you will be notified by mail. The details of the a pplication are as follows: Location: A 7.00 acre tract of land lying and being situated In the Robert Stevenson League and more specifically located on the east side of State Highway 6 approximately 400 feet north of the Intersection of Barron Road and S.H .6 , Present and Requested Zoning: From Agriculture-Open District A-0 to Genera[ Commercial District C-1. Applicant: Charles Lee Ellison For additional information, contact the City Planning Office, (409)696-8868 Extension 238. James M. Callaway Ass't Director of Planning POST OFFICE ROX 9960 t t 0 t TEX.-\S .-\ \ 'E>.'L 'E COLLEGE ST.-\TION. TEX.-\S 77840 December 19, 1983 TO \IH Ot1 IT MAY CONCERN: NO TICE OF PUBL IC HEARING Thi s is to notify you that the City of College Station has received an application request- ing rezoning of a property located within 200 feet of a tract of land owned by you. The reques t will be considered in two public hearings to be he ld as fo ll ows : Planning & Zoning Comm ission: 7:00 p.m., Thursday, January 5 , 1984 City Council: 7:00 p.m., Thursday, January 26, 1984 Both hearings will be held in the Council Room of the Co·llege Station City Hall, 1101 South Texas Avenu e. The date of the,.--C-i-ty Counci>t public hearing may be changed because of act ion taken by the Planning and Zoning Commission. If the date of the City Council hearing is changed, you will be notifi ed by mail. The details of the appli cation are as follows: Loca t ion: A 7.00 acre tract of land lying and being situated In the Robert Stevenson League and more specifically located on the east side of State Highway 6 approximately 400 feet north of the tntersectlon of Barron Road and S,H,6 , Present and Requested Zoning: From Agr iculture-Open District A~o to Genera [ Commercial District C-1. Applicant: Charles Lee Ell Ison -r . ; .. I,· ' ' For additional information, contact the City Planning Office, (409)696-8868 Extension 238. James M. Callaway Ass 't Director of Planning We have no objection to this. D a t e d : _ _,_/_::_)-_-_2-f'_r~tf"~? ' . /tJ6 j( ,00 C!.:_LC1 ~o.J w12.~--r£l2J W-'l-1 I I ' -~ ' ~ /()6 /( 2.0C ~LC1~oj Wt1_$-r12.1?.J ~.;{_, C_ !J.ll.b {J 6 (,. IL..(_ ~ I I I ' -0 I ~ l , rbf. LL:J~ _b ... STAFF REPORT CASE No.: 84-100 APPLICANT: Charles Lee Ellison REQUEST: Rezone from A-0 to C-1 LOCATION: East side of SH 6, 350 feet north of Barron Road. PHYSICAL FEATURES: Area: 7.00 acre tract -approximately 5.19 acres inside City Limits Dimensions: See attached Legal Description Frontage: Approximately 718 feet Depth: 326 ft. to 383 ft. (within City Limits) AREA ZONING: North: East: South: West: EXISTING LAND USE: A-0 (C-1 request pending) A-0 A-0 C-1 (across SH 6) Recently annexed area with commercial use to the north; balance of area vacant with developing areas west of SH 6. COMPREHENSIVE PLAN: Area of Barron Road-SH 6 intersection reflected as office/commercial/medium density residential. ENGINEERING: Water: Will be available within 4 months, Off-site extension may be required. Sewer: Available within 1 year, Offsite extension may be required. Street Capacity: Adequate Access: From SH 6; access points,to be determined at PRC Drainage~ Adequate Flood Plain: N/A NOTIFICATION: i i Legal Notice Publ ication(s): Decemb~r 21, 1983 & January 11, 1984 Advertised Commission Hearing Date(s): January 5, 1984 Advertised Council Hearing Date(s): January 26, 1984 Number of Notices mailed to Property Owners within 200 ft.: 7 Response Received: One (favorable) to date (12-29-83) RECOMMENDATIONS & COMMENTS: This tract does not meet the development pol icy recommendations for commer- cial dev~lopment with respect to depth. It is located near the intersection of two thoroughfares, but Is separated from the intersection by another tract. The staff recommends that the Commi s sion consider the following: a) Denial of the request. b) Approval of A-P zoning. This would comply with the plan and develop- ment policies with respect to the size and location of this tract. Land use control was cited as one of the reaso~s for annexing this area. Approval of C-1 zoning would be lncunsistent with the City's lar.d use plan and lancl use control efforts. -_-:,fi• -/ "1C ,--1:7/...!_ ; G"° /:;_ IP 7 APPLICATION FOR ZONE CHANGE (Please Print or Type) " . ...,, . .,.-. ... • ~.' .,(r':,i!';' p , " ·" , --it "' --; ~;,--.: ~ .. ·!'- 77856 P.· O. Box 434:, Franklin, TX 77856 dated April 27, i982 AND recorded Vol ·. 518 Page _1_4 __ of the Brazos County Deed Records. s~~ attached description • . Description: Lot Block Subdivision -----------------~ Plat recorded in Vol. Block of the Deed Records of Brazos County~ --------- Existing Zoning : -~~~g~r~i~c~1~11~t~1~1r~e------~ Requested Zoning Commercial Present use of property: none _..;:..;:_;_;;,,:._:;_ _________________________ ~ Proposed use .of _~rope~y: _W_e_s_t_e_r_n~W_e_a_r_-_s_t_o_r_e __ ~-------------- Owners of prciperty to be rezoned: NAME .ADDRESS Charles Lee Ellison .and wif~,. Glepa Juanell Ellison P.O _:Box ~434 Franklin, TX .. 77856 . . Owners of all property within 200 feet of boundary·of zone change according to present tax rolls •. (ATTACH SEPARATE SHEET IF NECESSA.RY) ·-.-_· .. ~ . .. · ... NAME .. ADDRESS · See attached list~ '· The applicant has prepared this application and .certi and exhibits ~ttached hereto are true and correct the ·ta ted herein ~~~ If application is filed by an agent or power by O'tmer and att&ched. l£6A L ~ES CK P'T!D /;P;7.:_: h77oA.J . °,!_JST O P Signature of applica t, owner or agent Charles L~e Ellis6n · of attorney statement must be completed APPLICATION FOR ZO NE CHANGE i ••• l . : . ~ ' Pa ge (2) ··~·~4'-, ... _ •;;-;: ..... ...: .. ;,:.i.-; ..... .. --· . .,....., ~:_,.,·:,.::;1~·:!;~._,_:,. .{l) The changed or changing conditions in the area or in the City making -f~fit~7;fs~~'.i';['":~.;~;:;:;.J;,~:~i~~:.2~~~ .. :h~~ ge ne~:_s_sa ry_: .~ . . ·~;'..:..:.~.~ •• :.;0.~, •• ,_ .. ~-· . · ·City is expandin.g • .... ~~·;i.:~; .): · ... '·: .-· .· . .:., / ¥ : (2) The zone change is in accordance with the Co mprehensive Plan; or if it .·is not, then why1s the Plan incorr ect? .. · .. ·' ... ·:.; : {3)' ·All other reasons to support the zone change: Idea)_ loca tion to market as ~commercial. -. . . hav~ GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEX unto CHARLES LEE ELLISON and wife, GLENA JUANELL ELLISON, whose mailing addres~ is P. 0. Box 434, Franklin, Gexas 77856 herein referrea to as "Grantee" of the County of Robertson and State of Texas , all.of the following described real prc ,pcrty in Brazos County, Texas, to-wit: . . . . Being all that certain tract or parcel of land, lying and being situated in the ROBERT STEVENSON LEAGUE in Brazos County, Texas, and being a part of that 19.31 acre tract of land described in the Deed recorded in Volume 363, page 730 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGI NNI NG: at an iron iron rod also being in ?od at the South corner of said 19~31 acre tract, said the Northeast ri aht-R£-wa!41.ine of State Hwy 6; VO~j/$-,.,A·..aE___ · -~--------·----- THENCE: N 46°47'10" W -718. 76 feet along said .State Hwy 6 line to an . rod for corner; THENCE: N 46°4'3'52" E THENCE: S 44.~5.3 '00"-E 436.97 feet to an iron rod for corner; 717.69 feet to an iron rod for corner; iron fl THENCE: S 46°43'52" ·W - 7.00 acres of ·land, more supervision of Donald D. 413.09 feet to the PLACE OF 'BEGINNING and containing or less, according to a survey made under the Garrett, Registered Public Surveyor No. 2972 in March 1982. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: i. REA Easement dated May 7, 1937, from Mrs. J. M. Higgins to City of Bryan, recorded in Volume 98, page 73, Deed Records of Brazos County, Texas. 2. Right-of-way Easement dated July 30, 1979, from E. E. Dopslauf to City of Bryan, recorded in Volume 430, page 51, Deed Records of Brazos County, Texas. 3. Oil and Gas Lease dated November 29, 1978, from E. E. Dopslauf, et ux to Jordan Engineering Company, recorded in Volume 33, page 817, O&GL Records of Brazos County, Texas. 4. All valid and subsisting easements, restrictions, rights of way, conditions exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental autnorities applicable to and enforceable against the described premises. There is hereby reserved unto granters, their -heirs and assigns, an undivided one-half (1/2) of the land owners royalty in and to all of the oil, and other minerals in and under and that may be produced from the above described property. It is understood and agreed that granters, their heirs and assigns, shall not participate in the making of any oil, gas or mineral lease covering said property, nor shall they participate in (1) any bonus or bonuses which may be paid for any such lease, (2) any rental to be paid under any such lease, (3) nor shall they participate in any rental or shut-in gas well royalty to be paid under any such lease . · TO HAVE AND TO HOLD the above described premises, together with all and.singular the ri ghts anJ ---------------···--. ··--· -·-·~ - ---·--··----. . -, ! ~ .. . . --.. ·-...... . • .. , I . J \ \ . '\ / r ----./ I I I I I I _.J ) ( / / ' \ '" ) I . 'J "------ "·· ) ) ~ I ,: ,.) .~ ( ,,,--/ ·~.-"' ( STATE HIGHWAY 6 /i I n r? ~ C-, ... ,_, .._. .re.... L, I AJ ~ ~/ ""-' /~ . _ ... )----../~· - "-·r"". ~ I I .J / ' ' \ I ~ " ~) '·:'-'\ .~-)\ )1__,,' ·~ ~ (..; ~ ,' /'' I ~ ('' ) ) '-' ' jt ... ,.. "l v-, ,J c) ' ') )/ ,..... •IJ \ ') . I ( ' / I \ ..... I l ' ~ c:i ~ C) Q:: ':::! ~ ~ Q:: ct V) ~ 1.-.i Q:: ~ ( ..... _i-_1_E __ M __ N_· _o_. _______ ) ( c • s E "o. • • -100) [,s_c_A_L_E_:_1._._= 2_0_0_0_' ·--') TYPE OF CASE: REZONING • APPLICATION FOR REVIEW AND APPROVAL Master Preliminary Plat --- ___ Preliminary Plat X Final Plat ** NOTICE: Submission of this application is not complete until platting fees are paid and all requirements of Ordinance No. 690, Subdivision Reg ulations, have been met. Application process must be completed at least ten (10) days before a regularly scheduled Planning and Zoning Commission meeting. Please answer all questions fully . Please print or type. 1. Name of subdivision Texian Inn Addition _,... 2. SubdividerTexian College Station Ltd., 1635 N.E. Loop 410, Suite 600, San Antonio, Texas 78209 The above is (check one): X Owner ---Agent 3. Licensed surveyor or engineer Address 181 2 Wel sh Boulevard, Suite 120 , College Station, Texas 77840 Phone No. (409) 693-4216 4. Specific location of proposed subdivision West side of Texas Avenue, Just North of Cooner St. ( Subject property is adjacent to Schlotsky's Restaurant) 5. Requested variances to Ordinance No. 690: None ~--=~'----~~~~~~~~~~~~~~- 6. The undersigned h above identified requests approval by the City of College Station of the Olsen, Engineering Associate Title Jerry Bishap & Associates, Inc Date December 16 1983 CITY OF COLLEGE STATION STATEMENT __ D_e_c_em_b_e_r_8 ___ 19 83 Mr. Charles Ellison Box 434 Franklin, Texas 77856 Rezoning Filing Fee List of Property owners within 200 1 • 7 names @ $4.00 each. Please remit payment to the Tax Office when filing your application. 50. 00 28. 00 1PTAL DU~ $78. c 0 I N<! 100306 Paid by_ Check Cash __ THANK YOU FORM NO. 100-1