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ORDINANCE NO. 2239
AN ORDINANCE REZONING A 5.685 ACRE TRACT SITUATED IN THE RICHARD CARTER
SURVEY, A-8, COLLEGE STATION, BRAZOS COUNTY, TEXAS, CONVEYED TO OWNER,
FRANK J. MATOUS, JR., BY DEED RECORDED IN VOLUME 1786, PAGE 307, OF THE DEED
RECORDS, BRAZOS COUNTY, TEXAS, FROM R-1, SINGLE FAMILY RESIDENTIAL TO C-B,
BUSINESS-COMMERCIAL.
WHEREAS, on March 27, 1997, the City Council of the City of College Station, Texas convened and,
pursuant to notices prescribed by law, held a public hearing with regard to the application for rezoning of a
5.685 acre tract of land situated in the Richard Carter Survey, A-8, City of College Station, Brazos
County, Texas, conveyed to Owner, Frank J. Matous, Jr., by deed recorded in Volume 1786, Page 307, of
the Deed Records, Brazos County, Texas and more particularly described as follows:
Being all of that certain tract or parcel of land lying and being situated in the RICHARD
CARTER SURVEY, A-8, College Station, Brazos County, Texas, and being a part of that
58.32 acre tract of land conveyed to Jacob Luza, Jr. by Jacob Luza, et ux, recorded in
Volume 85, Page 426, and part of that 25.00 acre tract of land conveyed to Jacob Luza,
Jr. by Jacob Luza, et ux, by Deed recorded in Volume 93, Page 378, both Deed Records of
Brazos County, Texas, and being described as follows:
BEGINNING: at a ``/2" iron rod found at the most southerly common corner of this tract
and the Kanbrooke, Inc. 1.21 acre tract (1649/147); same being in the northwest right-of-
way line of F.M. 60 (University Drive);
THENCE: N 48° 10' 42" W - 300.00 feet along the common line between this tract and
said Kanbrooke, Inc. tract to a '/2" iron rod found at the most westerly common corner of
Lots 14 and 15, Block "N" of University Park II (519/384);
THENCE: N 4° 49' 46" E - 294.91 feet to a '/2" iron rod set for an angle point;
THENCE: N 41° 48' 18" E - 214.45 feet to a''/2" iron rod set for corner;
THENCE: S 48° 10' 42" E - 730.51 feet to a '/Z" iron rod set for the most easterly corner
of this tract; same being in said F.M. 60 line;
THENCE: S 78° 04' 45" W - 104.78 feet and S 69° 25' 20" W - 412.45 feet along said
F.M. 60 line to the PLACE OF BEGINNING; and containing 5.685 acres of land, more or
less.
WHEREAS, the above-described property is currently zoned R-1, Single Family Residential and the
current use is as vacant land;
WHEREAS, the current owner of the above-described property, Frank J. Matous, Jr., has applied for
rezoning of the property to C-B, Business-Commercial;
WHEREAS, the City Council of the City of College Station, Texas, heard evidence that the above-
described property is located on the northwest corner of the East Bypass and University Drive;
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4/22/97
ORDINANCE NO. 2239 PAGE 2
WHEREAS, rezoning the above-described property from R-1, Single Family Residential to C-B, Business
Commercial, would allow the owner to develop the property as commercial property;
WHEREAS, the City Council of the City of College Station, Texas, heard evidence that the property
adjacent to the above-described property is in the process of being zoned to C-B, Business-Commercial,
subject to tree surveys and other special provisions;
WHEREAS, the current owner of the above-described property has agreed that property development will
limit the access points to the tract to one drive off of University Drive aligning with the existing drive to the
south across University Drive;
WHEREAS, the current owner of the above-described property has agreed that property development will
provide cross access to the future R-5 and the existing A-P through the subject tract;
WHEREAS, the current owner of the above-described property has agreed to provide the City with a sewer
impact study at the time of development of said property, analyzing the impact of the development of the
sewer infrastructure and that the installation and cost of any improvements required by the study will be
born by the developer;
WHEREAS, the current owner of the above-described property has agreed to install a one hundred foot
(100') landscaped buffer area between the subject site and the future R-5 to the north and east; and
WHEREAS, the City Council of the City of College Station, Texas heard evidence that rezoning the above-
described property is in accordance with the City's Comprehensive Plan for development;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, that the above-described property is rezoned to C-B, Business-Commercial, effective
immediately. Q
PASSED and APPROVED this 7 day of 1997.
APPROVED:
LYNN cILHANEY, Mayor
ATTEST:
4NNIEC 11TOOKS, 'City Secretary
lohlc: luserT lelrezoninglmarous.doe
4/22/97
41 - ~G
City Council Regular Meeting Page 3
Thursday, March 27, 1997
ewer
5j. Approved a rd of bid for Texas Avenue Widening Sanitary
Relocation Project Elliot Construction of Wellborn, Texas i e amount of
$488, 751.45.
Items 5a, 5b, 5c, 5d, 5f, 5g, 5h, &,,.5i were appro by common consent.
5e. Consider removal of the reduced s l, d school zone on FM 2818 in the area
of A&M Consolidated High School and rep ng it with school advance warning
signs with flashing yellow beacons.
Councilman Fox rrvad" motion recommending staff to with the school
district to instait-a~hing beacons over the lanes of traffic an stablishing a
=rrie n FM 2818 in the vicinity of Consolidated High Sch The motion
a vote of 5-1, Councilman Birdwell voted in opposition. Th 'em was
di ussed at the workshop meeting.
Agenda Item 6a Public hearing and consider rezoning of 5.7 acres
located along the north side of University Drive, approximately 1000' east
of Spring Loop intersection from R-1 Single Family to C-B Business
Commercial. (97-102)
Director of Development Services Callaway described this item. Mr. Callaway
stated that the subject property is located in the University Drive corridor. It
abuts future multi-family areas to the north and to the east; there is a relatively
small vacant A-P lot to the west. The University Drive study recommended this
area to be a mix of commercial and medium density residential and the request
is in conformance with the study. This request also complies with the draft land
use plan.
The subject tract was a part of a larger rezoning request that was approved for
40 acres of C-B zoning and 25 acres of R-5 zoning. That rezoning was
approved with several conditions that have not yet been met; therefore the
official zoning of the entire 65 acres remains R-1. The conditions were imposed
in order to ensure compliance with the University Drive Study recommendations.
Several of those conditions are pertinent to the 5.7 acres that are now under
consideration.
Staff recommended approval with the following conditions:
1. That access points to the tract be limited at the time of development to one
drive off of University Drive aligning with the existing drive to the south across
University Drive.
City Council Regular Meeting Page 4
Thursday, March 27, 1997
2. That cross access be provided at the time of development to the future R-5
and the existing A-P through the subject tract.
3. That a sewer impact study be provided at the time of development analyzing
the impact of the development on the sewer infrastructure and any
improvements are born by the developer.
4. That a tree survey be submitted prior to the zoning becoming effective and
special consideration be given to the preservation of valuable trees at the time of
site development. No trees are to be removed until a site plan is submitted and
without the express permission of the Project Review Committee.
5. A 100' landscape buffer area between the subject site and the future R-5 to
the north and east.
Mayor Mcllhaney opened the public hearing.
Mr. Robert W. Todd came forward to answer any questions that the council may
have on the zoning request.
Mayor Mcllhaney closed the public hearing.
Mayor Pro tem Kennady moved approval of Ordinance No. 2239 with the
conditions outlined by staff. Councilman Fox seconded the motion.
Councilman Birdwell amended the motion to delete requirement number 4.
Councilman Hickson seconded the amendment to the motion. Motion carried
unanimously, 6-0.
The rezoning request was approved with recommendation number 4 being
deleted, the motion carried 6-0.
Gate or a Pa-ft,
Sebesta Road.
6b Discuss and cons
at its intersection
This i
MINUTES
Planning & Zoning Commission
CITY OF COLLEGE STATION, TEXAS
March 6, 1997
7:00 P.M.
COMMISSIONERS PRESENT: Acting Chairman Lightfoot and Commissioners. Massey, Parker,
Garner and Smith.
COMMISSIONERS ABSENT: Chairman Hawthorne and Commissioner Gribou.
STAFF PRESENT: City Planner Kee, Planning Technician Ruiz, Assistant to the City
Engineer Homeyer, Senior Planner McCully, Assistant City
Attorney Reynolds, Transportation Planner Hard, Staff Planner
Battle, City Engineer Laz . and Development Coordinator Volk.
AGENDA ITEM NO. 1: Approval of minutes from the meeting of February 20, 1997.
Commissioner Massey proposed changes to the first two paragraphs of the other business session of the agenda.
The corrections were made prior to the meeting and distributed to the Commissioners.
Commissioner Parker moved to approve the minutes from the meeting of February 20, 1997 as amended by
Commissioner Massey according to the draft given to the Commission at the meeting. Commissioner Garner
seconded the motion which passed unopposed (5 - 0).
AGENDA ITEM NO. 2: Public hearing to consider a rezoning request for 1401 University Drive, 5.7
acres located along the north side of University Drive approximately 1000' east of the Spring Loop
intersection from R-1 Single Family Residential to C-B Business Commercial. (97-102)
Senior Planner McCully presented the staff report and stated that the subject property is located in the University
Drive corridor. It immediately abuts future multi-family areas to the north and to the east; with a relatively small
vacant A-P lot to the west. The University Drive study recommended this area to be a mix of commercial and
medium density residential and the request is in conformance with the study. The request also complies with the
draft land use plan which shows the area as mixed use. The draft plan concept of a mixed use area would include
buffer easements of a width of 100' to 200' between various land uses. The City's policy as it relates to this area
is to maintain an attractive commercial corridor that will develop as a mix of office, hotel, restaurant, and retail
uses. The rezoning would further this policy. In 1995, the subject tract was a part of a larger rezoning request
that was approved for 40 acres of C-B zoning and 25 acres of R-5 zoning. That rezoning was approved with
several conditions that have not yet been met; therefore the official zoning of the entire 65 acres remains R-1. The
conditions were imposed in order to ensure compliance with the University Drive Study recommendations, to
address traffic safety concerns and potential impacts to the sewer system, and to preserve the natural aesthetics of
the site. Several of those conditions are pertinent to the 5.7 acres that are now under consideration. This request
complies with the City's plan for the area and furthers policies as stated above, therefore Staff recommends
approval with the following recommendations:
1 That access points to the tract be limited at the time of development to one drive off of
University Drive aligning with the existing drive to the south across University Drive.
2. That cross access be provided at the time of development to the future R-5 and the existing A-P
through the subject tract.
3. That a sewer impact study be provided at the time of development analyzing the impact of the
development on the sewer infrastructure with the cost of any improvements to be born by the
developer.
4. That a tree survey be submitted prior to the zoning becoming effective and that special
consideration be given to the preservation of valuable trees at the time of site development. No
trees are to be removed until a site plan is submitted and without the express permission of the
Project Review Committee.
5. That there be a 100' landscaped buffer area between the subject site and the future R-5 to the
north and east.
Senior Planner McCully stated that eleven surrounding property owners were notified of the rezoning request with
no response.
Commissioner Lightfoot opened the public hearing. Representative of the owner Robert Todd informed the
Commission that he agreed with the staff recommendations and will comply.
Michael Hall of 32 Forest Drive approached the Commission and stated that many of the homeowners of the Post
Oak Forest Subdivision are against the rezoning request. The A-P Administrative Professional zoning district
would be more appropriate for this area primarily due to its proximity to residential development.
President of the Post Oak Forest homeowners association stated that he agreed with Mr. Hall and that the
proposed rezoning would negatively affect their property values. Traffic congestion along this section of
University Drive is a problem without adding more commercial development.
Commissioner Lightfoot closed the public hearing.
Commissioner Smith moved to recommend approval of the rezoning request for 1401 University Drive, 5.7 acres
located along the north side of University Drive from R-1 Single Family Residential to C-B Business Commercial
with the staff recommendations. Commissioner Garner seconded the motion which passed unopposed (5 - 0)
AGENDA ITEM NO. 3: Consideration bf a preliminary plat of the Pleasant Forest Subdivision totaling
46.1 acres located along the east side of Texas Avenue on the southeast corner of the proposed Dartmouth
extension. (97-303)
City Planner Kee presented the staff report and stated that the master plan shows the entire 46 acres consisting of
11.43 acres of single family development, 21.49 acres of commercial development and 12.92 acres where a non-
conforming mobile home park presently exists. The master preliminary plat is for the 11.43 acres of single family
development. It consists of two phases with 23 lots in phase one and 21 lots in phase two. The two phases will
exit via one street onto the East By-Pass West Frontage Road. A rezoning request for C-1 General Commercial
was granted for a portion (21.5 acres) of this property in August 1996. At that time the rezoning was approved
as recommended by the Planning & Zoning Commission with the condition that the applicant be allowed to
reclaim flood plain along the northern boundary of the floodway (with no disturbance of the floodway) and the
area from the northern boundary of the floodway to the southern property line be considered a "non-disturbance
area". Staff recommends approval with comments made in the presubmission conference report. All changes
were made to the plat with the exception of the notation about the "non-disturbance" area on the plat.
MINUTES
Planning and Zoning Commission
CITY OF COLLEGE STATION, TEXAS
January 18, 2001
7:00 P.M.
COMMISSIONERS PRESENT: Commissioners Mooney, Floyd, Harris, Warren, Horlen,
Happ, and Williams.
COMMISSIONERS ABSENT: None.
COUNCIL MEMBERS PRESENT: Council Members Massey and Maloney
STAFF PRESENT: Assistant City Manager Brown, Economic and
Community Development Director Foutz, Staff Planners
Jimmerson, Reeves, Hill, and Hitchcock, Assistant City
Engineer Mayo, Graduate Engineers Thompson and
Vennochi, Assistant City Attorney Nemcik, Director of
Development Services Callaway, Neighborhood Senior
Planner Battle, City Planner Kee, Senior Planner Kuenzel,
Development Review Manager Ruiz, and Staff Assistant
Hazlett.
Chairman Mooney called the meeting to order at 7:02 p.m.
AGENDA ITEM NO. 1: Hear visitors
None.
AGENDA ITEM NO. 2: Consent Agenda
The following items were approved by common consent.
2.1 Approved minutes from the Workshop Meeting held on November 6, 2000.
2.2 Approved minutes from the Regular Meeting hel on January 4, 2001.
2.3 Approved minutes from the Workshop Meetinoeld on January 4, 2001.
2.4 Moved to the Regular Agenda the Consideration of a Final Plat-Replat for Fairfield at Luther -
Williams Addition consisting of 20.233 acres located on the south side of Luther Street West at
FM 2818. (00-71)
P&Z Minutes January 18, 2001 Page 1 of 8
2.5 Approved the Final Plat for Sun Meadows, Phase 1 consisting of 100 R-2 lots on 34.6 acres
located on South Graham Road at Schaffer Street. (00-229)
2.6 Moved to the Regular Agenda the Consideration of a Preliminary Plat for The Gateway, Phase
2 consisting of 2 C-B Business-Commercial lots on 5.7 acres located at 1401 University Drive
East. (00-232)
2.7 Approved the Final Plat for 2 lots in Southwood Plaza on 1.22 acres and located on Brothers
Boulevard. (00-233)
2.8 Approved the Final Plat for Castlegate Subdivision Section III Phase I consisting of 28 PDD-H
lots on 16.26 acres and located north of Greens Prairie Road and west of the future State
Highway 40. (00-237)
REGULAR AGENDA
AGENDA ITEM NO. 2.4 Consideration of a Final Plat-Replat for Fairfield at Luther
Williams Addition consisting of 20.237 acres located on the south side of Luther Street West at
FM 2818. (00-71)
Graduate Engineer Thompson reported that the issue on this project is the off-site easement. He
indicated that the applicant is present and would like to make a verbal agreement with the commission
regarding the plat and easement.
The applicant, Paul Johnson, 2045 N. Hwy. 360, addressed the commission, asking that the plat be
approved this evening to be filed later when the easement is in place.
Chairman Mooney opened the item for public comment. Because there were no comments, the item
was moved for discussion among the Commissioners.
Commissioner Floyd motioned to approve the plat with the condition as stated by the applicant.
Commissioner Harris seconded the motion.
Assistant City Attorney Nemcik clarified for the Commission that the off-site easement is already
approved. She also stated that the filing of the easement is being delayed to coincide with the plat
because the applicant is the equitable interest holder.
Chairman Mooney called the question. The motion passed 7-0.
AGENDA ITEM NO. 2.6 Consideration of a Preliminary Plat for The Gateway, Phase 2
consisting of 2 C-B Business-Commercial lots on 5.7 acres located at 1401 University Drive East.
(00-232)
Graduate Engineer Vennochi presented the staff reportJ He opened by stating that Staff recommends
approval of the final plat with the following three conditions:
• Only one access drive for the entire 5.700-acre bract.
• Access through the subject tract to serve bob the R-5 tract to the north and the A-P tract to the
west.
• A 100' landscape buffer between the C-B and R-5 tracts.
P&Z Minutes January 18, 2001 Page 2 of 8