HomeMy WebLinkAboutDeclaration of Covenants and Restrictions a ,7
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DECLARATIONS OF COVENANTS, CON1ITIONS AND ; RESTRXC'T•IDN.... . _,,,,� •
STATE OF TEXAS
COUNTY OF BRAZOS
Recitals
WHEREAS, JOHN HANEY, SR., hereinafter called the "Declarant ", is
the owner of all of those certain tracts and parcels of real property
located in the City of College Station, Brazos County, Texas, and more
particularly described on Exhibit "A" attached hereto and made a part
hereof for all purposes AND HEREINAFTER REFERRED TO AS "said
property"; and
WHEREAS, the Declarant is desirous of rezoning certain tracts of '
the said property described on Exhibit "A " under the Zoning Ordinance
of College Station to a "C-3" Zoning District as defined in the
present amended ordinances of the City of College Station, Brazos
County, Texas, (certain pertinent sections of the ordinance, but not
all are contained in Exhibit "B " attached hereto and made a part
hereof); and
WHEREAS, certain owners of lots adjacent to the properties
described on Exhibit "A" being the "Homeowners of the Bernadine
Estates, Mile Drive, College Station, Texas" (herein referred to as
"Homeowners") who own those certain lots in the Bernadine Estates
First Installment Subdivision, an addition to the City of College
Station, Brazos County, Texas, more particularly described on Exhibit
"D" attached hereto and made a part hereof have objected to the
rezoning of said properties on Exhibit "A" because of certain
permitted uses under a C -3 Planned Commercial Zone District, but are
willing to withdraw their objections and accept such rezoning of the
properties on Exhibit "A" provided the Declarant would self - impose
certain covenants, conditions and restrictions as to permitted uses on
said properties within a C -3 Planned Commercial Zone District; and
WHEREAS, Declarant is desirous of accommodating the wishes of the
Homeowners and to hold, use and convey the properties described on
Exhibit "A" subject to certain protective covenants, conditions, and
restrictions as hereinafter set forth;
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NOW THEREFORE, it is hereby declared that all of the property
described in Exhibit "A" shall be held, sold, and conveyed subject to
the following restrictions, covenants and conditions, which are for
the purpose of protecting the value and desirability of those
properties described on Exhibit "D" owned by the Homeowners of the
Bernadine Estates, Mile Drive, College Station, Texas, and which shall
run with the said real property and shall be binding upon all parties
having any right, title, or interest in or to the property described
on Exhibit "A" or any part thereof, and their heirs, successors and
assigns and which restrictions, covenants and conditions shall inure
to the benefit of each of the owners of the lots described on Exhibit
"D ". Provided, however, any provision, term or condition contained in
this instrument to the contrary notwithstanding, it is hereby
stipulated by the Declarant that these declarations of covenants,
conditions and restrictions shall become in effect and enforced only
in the event that Tracts One and Two of the said property described on
Exhibit "A" shall be officially zoned by the appropriate governmental
authorities of the City of College Station, of Brazos County, Texas as
a C -3 zoned district under the Ordinances of the City of College
Station, Brazos County, Texas, in effect as of the date of this
instrument and only in the event a conditional use permit is issued by
such appropriate authority as to Tract One on Exhibit "A "granting the
uses provided hereinafter in Article I paragraph 1.01. Once the
relevant zoning ordinances have been passed and the requested
conditional use permit officially issued as to Tract One by the
appropriate authority, any subsequent changes in the zoning ordinances
on the said property shall not affect the validity of this instrument.
I.
Use Restrictions
1.01. Tract One as described on Exhibit "A" being a 1.2019 acre
tract more or less shall be used only for convenience store and /or
neighborhood business with a Filling, Retail Service Station operation
for the retail sale of goods and services together with any other uses
related thereto, provided the design and operation of the same shall
not cater to the rendering of services to large transportation
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carriers having a gross licensed weight exceeding 25,000 pounds. No
other uses of Tract One shall be permitted hereunder other than the
uses described above irrespective of any conditional use permits
granted by the City of College Station, Texas, or any other
governmental authority having jurisdiction for other uses.
1.02. Tract Two as described on Exhibit "A" being a 1.79809 acre
tract more or less, may be used for all purposes and usages authorized
and permitted under the ordinances of the City of College Station,
Texas, in effect as of the date of this instrument, in (i) A -P
Administrative - Professional Zoned Districts (pertinent sections of the
ordinance, but not all, being attached hereto and marked as Exhibit
"C ") and (ii) C -3 Planned Commercial Zoned Districts save and except
that there shall not be permitted on Tract Two the following uses
which may be permitted uses in C -3 Planned Commercial Zoned Districts:
(a) Cold Storage Plant;
(b) Commercial Garages;
(c) Commercial Parking Building or Lot for parking
vehicles for a fee or rental, provided however, this
shall not prohibit or exclude the use of the property
for the parking of motor vehicles which is incidental
or related to other uses allowed on the property
hereunder; and
(d) all other permitted uses allowed in a C -3 zoned
district that would cater primarily to servicing
large transport carriers having a gross licensed weight
exceeding 25,000 pounds.
Except as provided above, all other permitted uses or conditional
uses that are authorized in a C -3 Planned Commercial Zoned District
and in a A -P Administrative - Professional Zoned District under the
ordinances of the City of College Station, Texas, presently in effect
as of the date of this instrument, shall be permitted as to Tract Two
described on Exhibit "A" but no other uses.
1.03. Tract Three as described on Exhibit "A" being a 3.90186
acre tract more or less shall be used for all permitted and
conditional uses authorized by the ordinances of the City of College
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Station, Texas, presently in effect as of the date of this instrument,
for A -P Administrative - Professional Zoned Districts. No other uses
shall be permitted as to Tract Three.
II.
Activities Prohibited
2.01. No noxious or offensive activity shall be carried on upon
any of the properties described on Exhibit "A" nor shall anything be
done thereon which may be or may become an annoyance or nuisance to
the properties described on Exhibit "D ". Provided however, any
provision contained in this paragraph to the contrary notwithstanding
any such activity carried on upon any of the said properties which is
incidental to the uses permitted as to said properties under these
restrictions or in the construction and development of improvements
relative to such permitted uses shall not be considered, construed or
judicially determined to be noxious, offensive or an annoyance so long
as such activity is an activity that may be customarily or normally
carried on in an operation and /or business which is authorized as a
permitted use on said properties under Article I of this instrument or
is related to the construction and development of improvements
relative to such operation or business. Any noxious or offensive
activities or anything that may be or may become an annoyance or
nuisance to the said Homeowners or their successors in interest shall
be subject to these same remedies available to the Homeowners as would
be at their disposal for a violation of a restrictive covenant under
the laws of Texas or as otherwise provided in this instrument.
III.
Easements and Rights of Way
3.01. Nothing herein contained in this instrument shall
prohibit, restrict, or prevent the use of portions of the property
described on Exhibit "A" which Declarant, Declarant's heirs,
executors, successors, and assigns may grant and /or convey as
easements and /or right of ways for utilities, drainage, access or for
any other purpose which may be required by the City of College
S 'cation, Texas, or any other governmental authority, for the intended
uses for which the said easements and /or rights of way were granted.
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IV.
Definitions
, 4.01. Terms used in this instrument relative to these
restrictive covenants are defined and shall have the same meaning as
such terms are defined in the Zoning Ordinances of the City of
College Station and its amendments in effect as of the date of this
instrument except where contrary definitions may appear in this
instrument.
V.
General Provisions
5.01. The Declarant or any owner of the lots described on
Exhibit "D ", shall have the right to enforce, by any proceeding at law
or in equity, all restrictions, conditions and reservations imposed by
the provisions of this declaration. Should the Declarant or
Homeowners prevail in any such action at law or in equity, the
attorney's fees shall be included as part of the recovery in law or in
equity.
5.02. The covenants, conditions, and restrictions of this
declaration shall run with and bind the land, and shall inure to the
benefit of and be enforceable by the Declarant or the owners of any
lots described on Exhibit "D" attached hereto and made a part hereof
and their respective legal representative, heirs, successors and
assigns, and, unless amended or revoked as provided herein, shall be
effective for a term of thirty (30) years from the date this
declaration is recorded, when they shall become null and void unless
extended within the last year of the thirty (30) year term for an
additional period of twenty
y (20) years by a written instrument in
recordable form executed by the then owners of not less than fifty -one
percent (51 %) of all of the lots (each lot holding the power of one
vote) described on Exhibit "D" and recorded in the Official Records of
the County Clerk's Office of Brazos County, Texas. Covenants,
conditions, and restrictions of this declaration may be revoked during
the first thirty (30) year period or any extension by an instrument
signed in recordable form by the then owners of not less than
fifty -one percent (51 %) of the lots (each lot holding the power of one
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vote) described on Exhibit "D" and recorded in the Official Records of
the County Clerk's Office of Brazos County, Texas. Provided further,
these covenants, conditions and restrictions may be amended at any
time by an instrument signed in recordable form by the then owners of
not less than fifty -one percent (51 %) of the lots (each lot holding
the power of one vote) described on Exhibit "D" and no less than all
of the then owners of all the properties described on Exhibit "A ".
Provided further, these restrictions even though recorded, shall not
be enforceable or effective until the appropriate governing bodies of
the City of College Station, Texas, has accepted and officially
approved the zoning of Tracts One and Two of the said properties
described on Exhibit "A" as a C -3 zoned district under the present
ordinances of the City of College Station, Texas, that are in effect
as of the date of this instrument and a conditional use permit is
granted by the appropriate authority as to Tract One.
5.03 At such time or times as the Declarant, his heirs,
successors or assigns begin construction of a development of any part
or portion of Tract One and /or Tract Two described on Exhibit "A" or
at any time there should be a change in use of said Tract One and /or
Tract Two after the initial development of the same, the Declarant,
his legal representatives, heirs, successors and assigns agree within
fifteen (15) days, or within a reasonable time thereafter, from date
of actual receipt of a written request from the Homeowners to declare
to them through their duly authorized representative Gail Griffin the
intended use or uses of the property. Provided, however, any
provision contained herein to the contrary notwithstanding, failure of
the Declarant, his legal representatives, heirs, successors and
assigns to comply with said request shall in no manner be construed as
the Delcarant, his heirs, successors or assigns being in violation of
any of the provisions contained in this instrument relative to the
restrictive uses of Tract One and /or Tract Two or any part thereof,
nor shall this provision be construed as requiring the Declarant, his
legal representatives, heirs, successors and assigns to obtain the
approval of the Homeowners for such declared uses or of any of the
plans and specifications of the development, it being strictly
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understood that the purpose of this paragraph is to resolve, if
possible, any conflicts of interpretations as to the intended uses and
the restrictive uses herein specified in advance of large expenditures
of funds for the development by the Declarant, his legal
representatives, heirs, successors and assigns. The Declarant, his
legal representatives, heirs, successors and assigns, at his option
(but having no obligation to do so) may, without having been requested
to do so as above provided by the Homeowners, submit to the Homeowners
or their representative a declaration of intended uses. In such
event, the Declarant, his legal representatives, heirs, successors and
assigns shall be deemed to have complied with the requirements of this
paragraph. Provided however should Declarant, his heirs, successors
and assigns fail to provide such declaration of intended uses upon
written request of the Homeowners as provided above, without good
cause, then such failure shall cause Declarant to forfeit and waive
his defense, if any, of estoppel in any action at law or in equity
which the Homeowners may institute against him for a violation of the
permitted use restrictions herein contained pertaining to Tract One
and /or Tract Two.
The Declarant, by affixing his name below, acknowledges,
recognizes and declares that the covenants, conditions and
restrictions as herein stipulated are fair and reasonable..
EXECUTED by the said Declarant, this .5 day of / 7 (i- , 1 j
1985.
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( '' i a Y./ 0
;! / JOHN HANEY, SR.,46eclarant
THE STATE OF TEXAS
THE COUNTY OF BRAZOS:
This instrument was acknowledged before on the (R " � �day of
7 ►`Z L) , 1985, by JOHN HANEY, SR., Declarant.
' /
NO ARY PUBLI and for
The State of Texas
My Commission expires: (1-II-b'-', Printed or typed name of Notary
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APPROVED AND ACCEPTED:
HOMEOWNERS _
S
BY: c' C� t-exn r
GAIL GRIFFIN
duly authorized representative
of the Homeowners,
whose address is
108 Mile Drive,
College Station, Texas 77840
THE STATE OF TEXAS .
COUNTY OF BRAZOS :
This instrument was acknowledged befo e me on the 5. yel day of
fit•, 1985, by =� , � a. ✓
authorized representative of the Homeownersi7, s defined herein and in the capacity herein stated.
.. :f_�.• ,.� (O , r
NOTARY PUBLIC in and for
The State of Texas
My Commission expires: i �- 1 7 / 6 \-)
(type or print name of Notary)
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GALINAENGINEERS AND I II PANNERS
1900 West Villa Marla P.O. Box 3322 Bryan, Texas 77805 (409) 823.1919
TRACT 1
1.2019 Acres 26 -84
Being a 1.2019 acre (52,355 s.f.) tract or parcel of land, Iying
and being situated in the Morgan Rector League, Abstract 46,
Brazos County, Texas, and being part of the 6.9019 acres conveyed
to Republic Bank A&M by Interstate Promotional Printing Co. by
deed recorded in Volume 497, Page 491, Deed Records, Brazos
County, Texas and being more particularly described as follows:
BEGINNING at a concrete monument marking the intersection of
the easterly right of way Iine of Texas Avenue with the northerly
right of way line of State ,Highway 6 (East Bypass), said monument
also marking the southwesternmost corner of the 6.9010 acre tract;
THENCE N 47 ° 52'25" W along the easterly right of way line of Texas
Avenue for a distance of 99.70' to an iron rod;
THENCE N 48 ° 21'34" W continuing along the easterly right of way
line of Texas Avenue for :a distance of 167.90' to an iron rod;
THENCE N 42 ° 40'24" E for a distance of 200.00' to an iron rod;
THENCE S 47 ° 19'36" E for a distance of 261.90' to an iron rod
on the northerly right of way Iine of State Highway 6 (East
Bypass) ;
THENCE S 41 ° 1 '7" W continuing along the northerly right of way
Iine of said East Bypass, for a distance of 196.10' to a concrete
monument which is also the POINT OF BEGINNING containing 1.2019
acres (52,355 s.f.) approximately.
R.A. Galindo, R.P.S. #2588
March 7, 1985
EXHIBIT "A"
PAGE ONE OF FOUR PAGES
GAL,INAlk ENGINEERS AND INNERS
1900 West Villa Marla P.O. Box 3322 Bryan, Texas 77805 (409) 823 -1919
TRACT 2
1.79809 Acres 26 -84
Being a 1.79809 acre (78,325 s.f.) tract or parcel of land, Iying
and being situated in the Morgan Rector League, Abstract 46,
Brazos County, Texas, and being part of 6.9019 acres conveyed
to Republic Bank A &M by Interstate Promotional Printing Co. by
deed recorded in Volume 497, Page 491, Deed Records, Brazos
County, Texas and being more particularly described as follows:
Commencing at a concrete monument mark ing the intersection of
the easterly right of way ,line of Texas Avenue with the northerly
right of way Iine of State Highway 6 (East Bypass), said monument
also marking the southwesternmost corner of the 6.9019 acre tract;
THENCE N 47 ° 52'25" W along the easterly right of way Iine of Texas
Avenue for a distance of 99'.70 to an iron rod;
THENCE N 48 ° 21'34" W continuing along the easterly right of way
Iine of Texas Avenue for a distance of 167.90' to an iron rod;
THENCE N 42 ° 40'24" E for a distance of 200.00' to an iron rod
which is the POINT OF BEGINNING;
THENCE N 42 ° 40'24" E for a distance of 304.17' to an iron rod;
THENCE S 47 ° 19'36" E for a distance of 253.11' to a point on the
northerly right of way line of State Highway 6 (East Bypass);
THENCE S 41 ° 1 '7" W continuing along the northerly right of way
Iine of said East Bypass, for a distance of 304.30' to an iron
rod ;
THENCE N 47 ° 19'36" W for a distance of 261.90' to an iron rod
which is also the POINT OF BEGINNING containing 1.79809 acres
(78,325 s.f.) approximately.
fi
R.A. Galindo, R.P.S. ##2589 / '
March 7, 1985
41C :Imm.www: 441711;
EXHIBIT "A"
PAGE TWO OF FOUR PAGES
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GALINJ4ENGINEERS AND PAWNERS
1900 West VIIIa Marla P.O, Box 3322 Bryan, Texas 77805 (409) 823 -1919
TRACT 3
3.90186 Acres 26 -84
Being a 3.90186 acre (169,966 s.f.) tract or parcel of land, Tying
and being situated in the Morgan Rector League, Abstract 46,
Brazos County, Texas, and being part of 6.9019 acres conveyed
to Republic Bank A &M by deed recorded in Volume 497, Page 491,
Deed Records, Brazos County, Texas and being more particularly
described as follows:
Commencing at a concrete monument marking the intersection of
the easterly right of way ,line of Texas Avenue with the northerly
right of way line of State Highway 6 (East Bypass), said monument
also marking the southwesternmost corner of the 6.9010 acre tract;
THENCE N 47 ° 52'25" W along the easterly right of way Iine of Texas
Avenue for a distance of 99.70 to an iron rod;
THENCE N 48 ° 21'34" W continuing along the easterly right of way
line of Texas Avenue for a distance of 167.90' to the POINT OF
BEGINNING;
THENCE N 48 ° 21'34" W continuing along the easterly right of way
Iine of Texas Avenue for a distance of 135.02' to an iron rod
which also marks the southwesternmost corner of Bernadine Estates
Subdivision plat ted and recorded in Volume 268, Page 74, Deed
Records, Brazos County, Texas;
THENCE N 42 ° 40'24" E along the southerly boundary of Bernadine
Estates for a distance of 782.50' to an iron rod;
THENCE S 47 ° 19'36" E for- a distance of 309.31' to an iron rod
on the easterly right of way Iine of State Highway 6 (East Bypass);
THENCE 5 10 ° 52'11" W along the easterly right of way line of said
East Bypass for a distance of 140.98' to an iron rod;
THENCE S 41 ° 1 '7" W continuing along the northerly right of way
Iine of said East Bypass, for a distance of 156.15' to an iron
rod;
THENCE N 47 ° 19'36" W for a distance of 253.11' to an iron rod;
EXHIBIT "A"
PAGE THREE OF FOUR PAGES
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THENCE S 42 ° 40'24" W for a distance` of 504.17' to an iron rod
which is the POINT Or BEGINNING containing 3.90186 acres
(169,966 s.f.) •approximately...
L �J
R.A. 'Galindo, R.P.S. #2588
March 7, 1985
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EXHIBIT "A"
PAGE FOUR OF FOUR PAGES
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ORDINANCE NO. 129410
ia. AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 850, CREATING A
COMMERCIAL DISTRICT C -3.
')
WHEREAS, the City Council held a public hearin in
at 7:00 P.M. on Thursday,
the Zoning Ordinance No. 850; p g the City Hall
19S1 on the question of amending
1 AND WHEREAS, the City Council has determined to amend Ordinance No.
850;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
ill The Zoning Ordinance No. 850 is hereby amended as follows:
To Section 5, SCHEDULE OF DISTRICT T
T REGLLATIONS, add the following:
^' 5- S?st- p _ 'z ..... II
5 - S.l. PL'I:POSE: This district is designed to provide locations
for commercial sites that are too small for many permitted uses
in the General Commercial District. These should be relatively
low traffic generators that would have little impact on adjacent
areas and on adjacent thoroughfares.
1 5 PERMITTED USES:
All in A -P plus the following:
I �
Alcoholic beverage sales - retail and wholesale
restricted to off- premises consumption only;
I Car wash;
Cleaner /laundry;
'' Cold storage;
1 Garage, commercial;
Mini storage warehouses;
Parking, commercial;'
Radio and TV stations (no towers);
Rental
- vehicles and equipment;
Repair stops;
E Retail sales and service;
Shopping center (to include C - permitted use only);
r Other uses may be permitted by the Commi3s1on.
i -
EXHIBIT "B"
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PAGE ONE OF FOUR PAGES
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O 5 - S.3. CONDITIONAL USES PERMITTED: Refer
to Section 6 -L
5 •S• 4 • AREA REQUIRE!fENTS: Refer Filling Station Retail
to Table A at the end of
this section.
S.S.S. PARKING REQUIREMENTS:
� r Refer to Section 7.
5.3 SIGN REGULATIONS: Refer to Section 8
Add to Table A, DISTRICT L'SE SCHEDULE, as shown n on attached
This Ordinance shall become effective ten
date of approval and publication. X days after the
PASSED AND APPROVED this 28th
day of Mav
, 19
APPROVED.
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ATTEST:
)
ity Secretary
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EXHIBIT "B"
PAGE TWO OF FOUR PAGES
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EXHIBIT "B"
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PAGE THREE OF FOUR PAGES r f
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ORDINANCE ND. 1394
AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 850, REVISING THE COMMERCIAL DISTRICT
C -3, DISTRICT REGULATIONS.
WHEREAS, the City Council held a public hearing in the City Hall at 7:00 P.M. on
Tuesday, November 16 1982, on the question of amending the Zoning
Ordinance No. 850;
AND WHEREAS, the City Council has determined to amend Ordinance No. 850;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
The Zoning Ordinance No. 850 is hereby amended as follows:
Section 1 -D DEFINITIONS, add the following:
1- D.50.A. Repair Shops - A shop exclusively for the repair of household goods
and home equipment, within a building with no outdoor storage of
items or equipment, and where no noise, dust, or vibration is dis-
cernible beyond the property line.
Section 5 - DISTRICT REGULATIONS, DISTRICT C -3 is amended as follows:
5 - S.2 PERMITTED USES:
Add: Nursery /plant sales
Section 5 - S.4. AREA REQUIREMENTS:
Add: Maximum lot size 3 acres.
This ordinance shall become effective ten days after the date of approval and
publication.
PASSED AND APPROVED this 16 th day of November , 1982.
APPROVED:
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Mayor, Gary /Halter
ATTEST: )/
z ;<j---' z_ ) a4/e
Dian Jones, City e•retary
EXHIBIT "B"
PAGE FOUR OF FOUR PAGES
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Ordinance No. 850
Zoning Ordinance Page 31
5 -Q.4. AREA REQUIREMENTS: Refer to Table A at the end of this section.
5 -Q.5. PARKING REQUIREMENTS: Refer to Section 7.
5 -Q.6. SIGN REGULATIONS: Refer to Section 8.
5 -R DISTRICT A -P ADMINISTRATIVE- PROFESSIONAL
5 -R.1. PURPOSE: This district would accommodate selected commercial businesses
which provide a service rather than sell products, either retail or wholesale.
The uses allowed have relatively low traffic generation and require limited
location identification.
5 -R.2. PERMITTED USES:
Administrative offices.
Art studio or gallery.
Business, music, dance or commercial shcools.
Financial institutions
Doctor or dentist offices.
Government offices.
Offices, professional or service.
Photographer's studio.
Radio, TV station (no towers).
Public parking lot for operating vehicles.
Real Estate office.
Travel agency or tourist bureau.
Other personal service shops.
5 -R.3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -R.4. AREA REQUIREMENTS: Refer to District C -1 requirements on Table A.
5 -R.5. PARKING REQUIREMENTS: Refer to Section 7.
5 -R.6. SIGN REGULATIONS: Refer to Section 8.
EXHIBIT "C"
PAGE ONE OF THREE PAGES
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Ordinance No. 850
Zoning Ordinance Page 35
part of the normal construction of buildings dedicated to said non -resi- /
dehtial usage. (2) Where there is a common side or rear lot line or lot li es
betw - -n apartment land and developed single family residential land, the
of the ..artment land shall erect a fence that will properly screen ad' cent
single family residential land from adverse influences such as noise vehicular
lights, tre •ass, and other adverse influences as part of the norm construction
of the apartm: t project.
Such screening fe es may be made of any material but shall eat least six (6)
feet in height and 'all form a solid continuous screen b ween the residential
and non - residential la•d uses. In the case of rear lot ines such screening
fence shall be continue. from one side lot line along,t a rear lot line to the
other side lot line. In t - case of side lot lines/such screening fence shall
be continued from the rear let line along the sid"lot line to the front setback
line but no farther than a poi t fifteen (15) f et from the street right -of -way
line. Each such screening fence hall be mat,n�ined in good condition by the
owner of said business, commercial •r indu (ria1 project, for as long a time
period as may be needed to protect a•'ac: t residential land uses.
6 -K. SHOPPING CENTERS, MULTIPLE BUI,LiINi COMPLEX AND LARGE PROJECTS IN GENERAL:
Plot plans of all shopping centers/and mul '.le building complexes and plot
plans of other large scale projesri;s which wou d cause a considerable impact
on the City's facilities shall' e reviewed and •proval,by the City Technical
staff prior to the issuance a building permit . the Building Official.
Such review under this su ction shall be restrict.. to the review of the
impact of such project x: (1) the neighboring land a • environment, (2) traffic !
generation, (3) propo 0d circulation patterns and implic.tions to safety in the
project area, and (.41 the resultant impact of such traffic • eneration and cir-
culation upon adjacent streets systems. The Building' Offici. or the developer
of the projec ;(nay refer the plot plans to the City Council pri. to the issuance
of a buildi permit for final resolution. No building permit wi be delayed
more tha hirty (30) days pending resolution of such building permi request
unless he building permit has been formally denied by the Building Of • ial.
The /wilding permit, when issued, shall require construction accordin. to . e
4.0r- . — e-t —paten ; eanstru'tt - ans - - errrd -- spe ci f it . 4 .
6 -L, CONDITIONAL USES: The following conditional uses may be permitted in any
district when they meet special regulations and conditions prescribed by the
City Council, upon recommendation of the Planning and Zoning Commission through
the issuance of a Use Permit (See Section 10), Detailed examination of proposed
location and use characteristics is necessary to maximize compatibility,
Churches •
Community buildings; meeting- recreation facilities.
Hospitals, sanitariums, nursing homes, or convalescent homes.
Telephone exchanges.
-Child care and development centers.
-
Public libraries.
EXHIBIT "C"
PAGE TWO OF THREE PAGES
I
• 10 4110 ,
ti
Ordinance No. 850
Zoning Ordinance Page 36
Municipal service facilities and buildings.
Schools, public or denominational.
Medical clinics, pharmacies.
1917 ENVIR e f-ol mg regufati-ons— are —.to —cont.-re-1 n--,
to ination of the air, water, or the environment, and to safeguard the heal ,
saf y and welfare of the people.
6 -M.1. No machine, process or procedure shall be employed on any propo ty in
the City, in which: (a) Emission of smoke, dust, noxious, toxic or 1'thal gases
are detect le beyond the perimeter of the property;
(b) Materials are stored or accumulated in s, ch a way that
they may be ca \\ied by rainwater in natural drainage channels b and the limits
of the property, "which are noxious, toxic, radioactive, contai oil or grease,
wood or cellulose bers, hair, feathers, plastic, or have a H factor above
ten (10) or below file (5); '
(� Drainage into the sanitary sew t system shall conform ;4
to the requirements in th "Industrial Waste Ordinanc '(Ordinance No. 787);
(d) Vi ation is discernible beyond the property line; ;
(e) Noise bove the ambient noise level is discernible beyond
the property line.
6 -M.2. No storm water drain, roof rain, o area drain shall empty into a
sanitary sewer.
6 -M.3. No construction shall impede, o trict or, block the flow of water in
any improved or natural watercourse.
6 -N. FLOOD PLAIN: No dwelling, ommercial o industrial building shall be
permitted in the "Intermediate ood Plain" ch.nnel, as determined by the Corps
of Engineers Study. Building in the area betwen the delineated "Intermediate
Flood Plain" and the "Stan*d Flood Plain" will permitted only after such
land is built up to an elgxation of one (1) foot aS ve the "Standard Flood Plain"
elevation, and such land as so built up, when verifie,d by the City Engineer,
will change the "Stand fd Flood Plain" delineation accordingly.
ei
6 -0. MOBILE HOME ?ARK: The Mobile Home Park zone is aoating zone, and such
classification i not to be granted until a petition is pre ented showing a
planned utilizjon of such a zone, that such use is the bes use of the land,
and that it ill not adversely affect the surrounding propert
6 -P. TE ORARY BUILDINGS AND EQUIPMENT: Temporary buildings an equipment for
uses i idental to construction work on premises are allowed in any zone but
shat be removed upon the completion or abandonment of construction ' rk.
Q'. Parks are allowed in any zone.
EXHIBIT "C"
PAGE THREE OF THREE PAGES
r : F .,r ' a e3' Ta �";1
' 110
110
EXHIBIT "D"
Being all of Lots One (1) thru Ten (10) , Block One (1) and Lots
One (1) thru Ten (10), Block Two (2), Bernadine Estates, First
Installment, as addition to the City of College Station, Texas,
according to that certain Plat or May recorded in Volume 268 at Page
74 of the Deed Records of Brazos County, Texas.
HOMEOWNERS
1. Wade and Gail Griffin 108 Mile Drive
College Station, TX 77840
2. Omer and Dottie Everett, Jr. 106 Mile Drive
College Station, TX 77840
3. Brenda and J. P. Watson 107 Mile Drive
College Station, TX 77840
4. Robert M. and Pam Williams 104 Mile Drive
College Station, TX 77840
5. Duane and Charlotte Dick 112 Mile Drive
College Station, TX 77840
6. James and Gloria Killough 114 Mile Drive
College Station, TX 77840
7. Darrel and Marilyn Davis 115 Mile Drive
College Station, TX 77840
8. Jim and Gloria Norman 117 Mile Drive
College Station, TX 77840
9. Patrick and Connie Thompson 116 Mile Drive
College Station, TX 77840
10. Cindi and Charles Cemino, Jr. 120 Mile Drive
College Station, TX 77840
11. Charmianne and Andrew Womace 102 Mile Drive
College Station, TX 77840
12. Mary Adele Lewis 109 Mile Drive
College Station, TX 77840
13. Al and Lorene Bormann, Jr. 113 Mile Drive
College Station, TX 77840