HomeMy WebLinkAboutOrdinanceORDINANCE 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 '' /z" 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 %" 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 `` /z" iron rod set for corner;
THENCE: S 48° 10' 42" E - 730.51 feet to a '' /s" 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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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.
PASSED and APPROVED this day of �� 1 (�'L , 1997.
APPROVED:
ATTEST:
C NNIE HOOKS, :;i *y Secretary
c2L,
LYNN h4cILHANEY, Mayor
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4/22/97
ORDINANCE N0. 2119
AN ORDINANCE REZONING A 11.99 ACRE TRACT, A 12.82 ACRE TRACT, AND A
39.95 ACRE TRACT, ALL SITUATED IN THE RICHARD CARTER LEAGUE,
ABSTRACT NO. 8, BRAZOS COUNTY, TEXAS, AND BEING A PORTION OF THAT
SAME CALLED 58.32 ACRE TRACT CONVEYED FROM JACOB LUZA, ET UX, TO
JACOB LUZA, JR., ET UX, AS DESCRIBED BY DEED RECORDED IN VOLUME 85,
PAGE 426, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, FROM R -1
SINGLE FAMILY RESIDENTIAL TO 24.81 ACRES AS R -5 APARTMENT /MEDIUM
DENSITY AND 39.95 ACRES TO C -B BUSINESS COMMERCIAL.
WHEREAS, on April 13, 1995, the City Council of the City of College Station convened
and pursuant to notices prescribed by law held a public hearing with regard to the
application for the rezoning of 11.99, 12.82, and 39.95 acres of property situated in the
Richard Carter League, Abstract No. 8, Brazos County, Texas, and more particularly
described as follows:
TRACT ONE:
All that certain 11.99 acre tract or parcel of land, lying and being situated in the
Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas,
and being a portion of that same called 58.32 acre tract conveyed from Jacob
Luza, et ux, to Jacob Luza, Jr., et ux, as described by deed recorded in
VOLUME 85, PAGE 426, of the Deed Records of Brazos County, Texas, said
11.99 acre tract being more particularly described as follows:
BEGINNING: at the most eastern comer of University Park II, as depicted by
plat recorded in VOLUME 817, PAGE 384, of said Official Records and lying in
the northwest right -of -way line of University Drive.
THENCE: N 48 07'16" W - 1043.36 feet with the northeast line of said Uni-
versity Park to a point of comer.
THENCE: N 41 31'45" E - 450.00 feet to a point for comer.
THENCE: S 48° 07'17" E - 1293.62 feet to a point for comer in said University
Drive right -of -way line.
THENCE: S 78 26'52" W - 105.20 feet with said right -of -way line to a point for
angle point.
THENCE: S 68 42'14" W - 409.59 feet with said right -of -way line to the PLACE
OF BEGINNING, and containing 11.99 acres of land.
TRACT TWO
All that certain 12.82 acre tract or parcel of land, lying and being situated in the
Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas,
and being a portion of that same called 58.32 acre tract conveyed from Jacob
Luza, et ux, to Jacob Luza, Jr., et ux, as described by deed recorded in
VOLUME 85, PAGE 426, of the Deed Records of Brazos County, Texas, said
12.82 acre tract being more particularly described as follows:
COMMENCING: at the most eastern comer of University Park II, as depicted by
plat recorded in VOLUME 817, PAGE 384, of said Official Records and lying in
the northwest right -of -way line of University Drive.
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THENCE: N 48 07'16" W - 1043.36 feet with the northeast line of said Uni-
versity Park to a point for comer.
THENCE: N 41 31'45" E - 450.00 feet to a point for comer, being the PLACE
OF BEGINNING.
THENCE: N 41 31'45" E - 1050.10 feet to a point for comer in the centerline of
the proposed extension of Glenhaven Drive.
THENCE: S 33 28'15" E - 595.79 feet with said proposed centerline to a point
for corner.
THENCE: S 41 52'47" W - 899.39 feet to a point for comer.
THENCE: N 48 07'17" W - 570.00 feet to the PLACE OF BEGINNING, and
containing 12.82 acres of land.
TRACT THREE
All that certain 39.95 acre tract or parcel of land, lying and being situated in the
Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas,
and being a portion of that same called 58.32 acre tract conveyed from Jacob
Luza, et ux, to Jacob Luza, Jr., et ux, as described by deed recorded in
VOLUME 85, PAGE 426, of the Deed Records of Brazos County, Texas, and a
portion of that same called 25.00 acre tract conveyed from Jacob Luza, et ux, to
Jacob Luza, Jr., et ux, as described by deed recorded in VOLUME 93, PAGE
378, of said Deed Records, said 39.95 acre tract being more particularly
described as follows:
COMMENCING: at the most eastern comer of University Park II, as depicted by
plat recorded in VOLUME 817 PAGE 384 of said Official Records and lying in
the northwest right -of -way line of University Drive.
THENCE: N 68 42'14" E - 409.59 feet with said right -of -way line to a point for
angle point.
THENCE: S 78° 26'52" W - 105.20 feet with said right -of -way line to a point for
the PLACE OF BEGINNING.
THENCE: N 48 07'17"W- 723.62 feet to a point for comer.
THENCE: N 41 52'47" E - 899.39 feet to a point for comer in the centerline of
the proposed extension of Glenhaven Drive.
THENCE: N 33 28'15"W - 595.79 feet to a point for comer.
THENCE: N 41 31'45" E - 524.13 feet to a point for comer.
THENCE: S 37 03'03" E - 604.77 feet to a point for comer.
THENCE: N 53 51'10" E - 570.62 feet to a point for comer in the southwest
right -of -way line of Texas State Highway No. 6 (East Bypass).
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THENCE: S 21° 06'16" E - 729.94 feet with said right -of -way line to a point for
comer.
THENCE: S 41° 53'59"W- 1605.98 feet to a point for comer in said University
Drive right -of -way line.
THENCE: S 78 11 26'52" W - 98.01 feet with said right -of -way line to the PLACE
OF BEGINNING, and containing 39.95 acres of land.
WHEREAS, the above - described property is currently zoned R -1 Residential and the
current use is undeveloped;
WHEREAS, the owner has applied for the rezoning of the above - described property to
24.81 acres R -5 Apartment/Medium Density and 39.95 acres C -B Business Commercial
zoning;
WHEREAS, the City Council of the City of College Station, Texas, heard evidence that
the area in which the above - described tract is located is currently undeveloped;
WHEREAS, the City Council of the City of College Station, Texas has determined that
the approval of this rezoning request is conditioned upon the following conditions being
satisfied:
(1) that the access points to this development be limited to one drive
off of the Highway Six Frontage Road Bypass and one drive off of
University Drive;
(2) that cross access be provided within the development of said prop-
erty;
(3) that a landscaped buffer area be provided between the proposed
C -B zoning and the existing R -1 zoning to the north;
(4) that a sewer impact study be provided at the time of development
analyzing the impact of the development on the existing sewer
infrastructure both on and off site, thus determining the necessity
of improvements to the system to handle the increased flow gener-
ated from the rezoning. All improvements will be the sole respon-
sibility of the developer; and
(5) that a tree survey be conducted and submitted for the purposes of
native tree preservations.
(6) that any additional costs relating to turning lanes or medians
associated with a new traffic signal at Glenhaven be borne in part
by the developer.
WHEREAS, rezoning the subject tract of land in the above - referenced manner would
allow for development of the tract as well as general commercial development to one of
the areas known as the "gateway to the City';
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WHEREAS, rezoning the subject tract of land would allow the owner to develop the
property in such a way that it fills a need in the local real property market; and
WHEREAS, the subject rezoning is consistent 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 three above - described tracts are hereby
rezoned from R -1 Residential to 24.81 acres R -5 Apartment/Medium Density and 39.95
acres to C -B Business Commercial, effective immediately.
PASSED and APPROVED this 13th day of April, 1995.
APPROVED:
1was r
G q •
ATTEST:
0'40� &L —
Connie Hooks, City Secretary
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