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Home My WebLink About1996-2190 - Ordinance - 07/11/1996ORDINANCE NO. 2190 AN ORDINANCE REZONING A 52.285 ACRE TRACT OF LAND SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 14.946 ACRE TRACT CONVEYED TO KIOWA, LTD. (500/890), ALL OF THAT CERTAIN 21.93 ACRE TRACT CONVEYED TO CAYUSE LIMITED (333/766), ALL OF THAT CERTAIN 5.941 ACRE TRACT (TRACT ONE) CONVEYED TO PAUL WOODS (390/696), ALL OF THAT CERTAIN 5.968 ACRE TRACT (TRACT TWO) CONVEYED TO PAUL WOODS (390/696) AND ALL OF THAT CERTAIN 3.500 ACRE TRACT OF LAND CONVEYED TO RAY A. WALKER, TRUSTEE (1536/280), FROM M-2 HEAVY INDUSTRIAL, R-1 SINGLE FAMILY RESIDENTIAL, R-5 APARTMENT BUILDINGS/MEDIUM DENSITY AND R-7 MOBILE HOMES TO R-5 APARTMENT BUILDINGS/MEDIUM DENSITY EFFECTIVE UPON THE EXECUTION OF A DEVELOPMENT AGREEMENT ADDRESSING THE ISSUES IDENTIFIED BY STAFF AT THE CITY COUNCIL MEETING ON JULY 11, 1996. WHEREAS, on July 11, 1996, 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 52.285 acres of property situated in the Crawford Burnett League, Abstract No. 7, in the City of College Station, Brazos County, Texas, and more particularly described as follows: Being a 52.285 acre tract of land out of the crawford bumett league, abstract no.7 situated in the city of college station, brazos county, texas, being all of that certain 14.946 acre tract conveyed to kiowa, ltd. By deed recorded in volume 500, page 890 of the deed records of brazos county, texas, all of that certain 21.93 acre tract conveyed to cayuse limited by deed recorded in volume 333, page 766 of said deed records, all of that certain 5.941 acre tract (tract one) conveyed to paul woods by deed recorded in volume 390, page 696 of said deed records, all of that certain 5.968 acre tract (tract two) conveyed to paul woods by deed recorded in volume 390, page 696 of said deed records and all of that certain 3.500 acre tract of land conveyed to ray a. Walker, trustee in deed recorded in volume 1536, page 280 of said deed records; said 52.285 acre tract being more particularly described by metes of bounds as follows: BEGINNING at a 3/8 inch iron rod found in the southeasterly right-of-way line of Luther Street (right-of-way varies), same being the most northerly comer of said 3.500 acre tract conveyed to Ray A. Walker, Trustee, being also the most westerly comer of said 21.93 acre tract conveyed to Cayuse Limited; THENCE, along the southeasterly right-of-way line of Luther Street, same being the northwesterly line of said 21.93 acre tract, N44°14'20"E, a distance of 498.32 feet to a 112 inch iron rod found being the most westedy comer of a 0.25 acre tract conveyed to Annie May Hughes and Mabel Clemons recorded in Volume 82, Page 589 of said Deed Records, being also an angle point in the westerly line of said 21.93 acre tract; THENCE, leaving the southeasterly right-of-way line of Luther Street, along the southwesterly line of said 0.25 acre tract, same being the northwesterly line of said 21.93 acre tract, S47°56'44"E, a distance of 113.31 feet to a 112 inch iron rod found being the most southerly comer of said 0.25 acre tract, being also an angle point in the aforementioned northwesterly line of said 21.93 acre tract; THENCE, in part with the southeasterly line of said 0.25 acre tract conveyed to Annie May Hughes and Mabel Clemons, and in part with the southeasterly line of a 0.25 acre tract conveyed to Lela McCoy by deed recorded in Volume 82, Page 226 of said deed records, being also the northwesterly line of said 21.93 acre tract, N42°45'02"E, a distance of 250.51 feet to a 1/2 inch iron rod found in the southwesterly line of a 1.5 acre tract of land conveyed to Ned Peterson and wife, Etta Peterson by deed recorded in Volume 137, Page 634 of said Deed Records, same being the most easterly comer of said 0.25 acre tract conveyed to Lela McCoy, and also being an angle point in the northwesterly of said 21.93 acre tract; THENCE, continuing along the northwesterly line of said 21.93 acre tract, same being the southwesterly line and southeasterly line of said 1.5 acre tract, respectively, the following two (2) courses and distances: 1) angle point; S45°40'01"E, a distance of 235.51 feet to a 112 inch iron rod found for an 2) N40°51'58"E, a distance of 213.27 feet to a 1/2 inch iron rod found for an angle point in the southwesterly line of said 14.946 acre tract conveyed to Kiowa, Ltd., being the most easterly comer of said 1.5 acre tract, and also being the most northerly comer of said 21.93 acre tract; THENCE, along the southwesterly line of said 14.946 acre tract, being the northeasterly line of said 1.5 acre tract, N44°10'38"W, a distance of 332.37 feet to a 1/2 inch iron rod found in the southeasterly right-of-way line of Luther Street, being the westedy comer of said 14.946 acre tract; THENCE, along the southeasterly right-of-way line of Luther Street, same being the northwesterly line of said 14.946 acre tract, the following three (3) courses and distances: 1) angle point; N44°07'43"E, a distance of 398.28 feet to a 112 inch iron rod found for an 2) N44°18'00"E, passing at a distance of 462.98 feet a point from which a 112 inch iron found being the apparent westerly comer of a utility easement conveyed to the City of College Station by deed recorded in Volume 1187, Page 689 of said Deed Records, bears S43°02'59"E, a distance of 0.51 feet, and continuing for a total distance of 477.98 feet to a 1/2 inch iron rod found being the most westerly comer of an access road (unrecorded) as referenced in said 14.946 acre tract deed; 3) N44°45'08"E, a distance of 26.08 feet to a 1/2 inch iron rod found in the southwesterly right-of-way line of Jones-Butler Road (right-of-way vairles), same being the most northerly comer of said 14.946 acre tract, for the most northerly comer hereof; THENCE, along the southwesterly right-of-way line of Jones-Butler Road, same being the northeasterly line of said 14.946 acre tract, S42°57'30"E, a distance of 726.13 feet to a 1/2 inch iron rod found being the most easterly comer of said 14.946 acre tract, being an angle point in the westerly right-of-way line of Jones-Butler Road, for the most easterly comer hereof; THENCE, along the southeasterly line of said 14.946 acre tract, being also the westedy right-of-way line of Jones-Butler Road, S44°00'56"W, a distance of 24.88 feet to a 1/2 inch iron rod set for an angle point; THENCE, continuing with the southeasterly line of said 14.946 acre tract, in part with the southeasterly line of said 21.93 acre tract, in part with said westedy right-of-way line of Jones-Butler Road, in part with the northwesterly line of Woodway Village, Section Two, a subdivision according to the plat thereof recorded in Volume 525, Page 645 of said Deed Records, and in part with the northwesterly line of the Reserve Tract of Parkway View Addition, a subdivision recorded in Volume 2611, Page 256 of said Deed Records, S44°29'16"W, passing at a distance of 15.05 feet a 1/2 inch iron rod found, being an angle point in said southwesterly right-of-way line, same being the most northerly comer of said "Woodway Village, Section Two Subdivision", again passing at a distance of 850.61 feet a 112 inch iron rod set for the most southerly comer of said 14.946 acre tract, same being the most easterly comer of said 21.93 acre tract, and continuing for a total distance of 1166.89 feet to a 112 inch iron rod found being an ell comer of said 21.93 acre tract, being also the most westedy comer of said Reserve Tract; THENCE, along the common line of said 21.93 acre tract and said Reserve Tract of Parkway View Addition, S47°48'00"E, a distance of 449.64 feet to a 1/2 inch iron rod found being an easterly comer of said 21.93 acre tract, being the most southerly comer of said Reserve Tract, being also in the northwesterly right-of-way line of Southwest Parkway (70' right-of-way) dedicated as Tract #3 and Tract #2 by the Final Plat of Walden Pond Townhomes, a subdivision according to the plat thereof recorded in Volume 669, Page 661 of said Deed Records; THENCE, in part with the easterly line of said 21.93 acre tract, in part with the easterly lines of said Tract One and Tract Two conveyed to Paul Woods, also in part with the northwesterly right-of-way line of Southwest Parkway and in part with the westerly line of Lot 1 of said "Walden Pond Townhomes Subdivision", S43°38'17"W, passing at a distance of 885.35 feet, a 1/2 inch iron rod found being the most southerly comer of said 21.93 acre tract, same being the most easterly comer of said 5.941 acre tract (Tract One) conveyed to Paul Woods, and continuing for a total distance of 1290.09 feet to a 1/2 inch iron rod found being the most southerly comer of said 5.968 acre tract (Tract Two) conveyed to Paul Woods, same being the most easterly comer of a 6.21 acre tract of land conveyed to Travis L. Williams, Sr., and wife, Helen Jean Williams by deed recorded in Volume 433, Page 42, and from which a 3/8 inch iron rod found being the most southerly comer of said 6.21 acre tract, bears S43°28'43"W, a distance of 227.54 feet; THENCE, along the southeasterly line of said 5.968 acre tract (Tract Two), in part with the northeasterly line of said 6.21 acre tract and in part with the northeasterly line of a 1 acre tract conveyed to Marion C. Williams and wife, Janice Williams by deed recorded in Volume 999, Page 138 of said Deed Records, N45°45'51"W, passing at a distance of 564.35 feet a point from which a 1/2 inch iron rod found being the apparent most easterly comer of said 1 acre tract, bears N44°48'55"E, a distance of 0.31 feet and from said point a 1/2 inch iron rod found being the most southerly comer of said I acre tract bears S44°48'55"W, a distance of 69.81 feet, and cOntinuing fora total distance of 1186.28 feet to a 1/2 inch irofl rod found in the southeasterly right-of-way line of Luther Street, same being the most northerly comer of said 1 acre tract, also being the most westerly comer of said 5.968 acre tract, for an angle point hereof; THENCE, along the southeasterly right-of-way line of Luther Street, in part with the northwesterly lines of said 5.968 acre tract (Tract Two) and said 5.941 acre tract (Tract One) conveyed to Paul Woods, and in part with the northwesterly line of said 3.500 acre tract conveyed to Ray A. Walker, Trustee, N44°45'39"E, passing at a distance of 438.92 feet a 112 inch iron rod found being the most northerly comer of said Tract One, same the most westerly comer of said 3.500 acre tract, and continuing for a total distance of 624.27 feet to the POINT OF BEGINNING, containing an area of 52.208 acres of land, more or less, within these metes and bounds. WHEREAS, the above-described property is currently zoned M-2 Heavy Industrial, R-1 Single Family Reisdential, R-5 Apartment Buildings/Medium Density and R-7 Mobile Homes and the current use is vacant. WHEREAS, the owner of the above-described 14.946 acre tract, Kiowa, Ltd., purchased the property on November 18, 1981, by deed recorded in Volume 500, Page 890 of the Official Records of Brazos County, Texas; WHEREAS, the owner of the above-described 21.93 acre tract, Cayuse, Ltd., purchased the property on November 23, 1974, by deed recorded in Volume 333, Page 766 of the Official Records of Brazos County, Texas; WHEREAS, the owner of the above-described 5.941 acre tract, MBO, Inc., purchased the property on May 28, 1996 by deed recorded in Volume 2611, Page 256 of the Official Records of Brazos County, Texas; WHEREAS, the owner of the above-described 5.968 acre tract, MBO, Inc., purchased the property on May 28, 1996 by deed recorded in Volume 2611, Page 256 of the Official Records of Brazos County, Texas; WHEREAS, the owner of the above-described 3.50 acre tract, Ray A. Walker, Trustee, purchased the property on June 26, 1992, by deed recorded in Volume 1536, Page 280 of the Official Records of Brazos County, Texas; WHEREAS, the owners have applied for the rezoning of the above-described property to R-5 Apatment Buildings/Medium Density; WHEREAS, the City Council of the City of College Station heard evidence that the area in which the above described tract is located is currently vacant; WHEREAS, rezoning the subject tract of land into the aforementioned tract 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 52.285 acre tract mentioned above is hereby rezoned from M-2 Heavy Industrial, R-1 Single Family Residential, R-5 Apartment Buildings/Medium Density and R-7 Mobile Homes to R-5 Apartment Buildings/Medium Density, effective upon the execution of a development agreement addressing the issues identified by staff at the City Council meeting on July 11, 1996. PASSED and APPROVED this 11th day of July, 1996. APPROVED: ATTEST: CONNIE HOOKS, City Secretary LYN~ MClLHA~IEY, Mayor Appl: Bury & Pittman, Inc, Owner. Ray A. Walker — Trustee Phone: 512-528-0011 3.5 acre tract Existing R-1 zoning Requested zoning, R-5 ti TEXAS A & A4 UNIVERSITY C - U PROPOSW R-0 W XOMM 200' WOODWA Y V11 L4 GE R-4 ------------------ - ----- ------- ---- ----- - -- -- ------ - -- - - --------- - - - - - - - - - - NOTIFICATION AREA I 16 -- - --- - ---------- - - -__- --- ------ - --7 -- - - - - - - ---- - - - - - - - - - ---- ---- -------- - - - - - - - - - --- - - - R/8 WA DEN POND f 'U ",a 0 INNO191 i5l "A f- M R -! OUTSIDE CITY LIM17 City of College Station, Texas CASE NUMBER: 96-108 ACTION REQUESTED: REZONING PLANNING DIVISION