B-07 (C14-2020-0143 - 12121 N. IH 35 Rezoning; District 1).pdf

Zoning and Platting Commission – June 1, 2021

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ZONING CHANGE REVIEW SHEET TO: MF-4 DISTRICT: 1 CASE: C14-2020-0143 12121 N. IH 35 Rezoning ZONING FROM: GR-CO ADDRESS: 12121 North IH 35 Northbound SITE AREA: 11.845 acres PROPERTY OWNER: Dupius Investments, Ltd. (Daniel McCormack) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request for rezoning to MF-4. AGENT: John M. Joseph (Coats Rose) For a summary of the basis of staff’s recommendation, see case manager comments on page 2. ZONING AND PLATTING COMMISSION ACTION / RECOMMENDATION: June 1, 2021: CITY COUNCIL ACTION: TBD ORDINANCE NUMBER: 1 of 19B-7C14-2020-0143 2 ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject property is located on the east side of IH 35 and is bounded by VFW Road to the north and Bowery Trail to the south. The undeveloped parcel is zoned GR-CO with the conditional overlay limiting the property to a maximum of 2,000 vehicle trips per day (v.p.d) and prohibiting numerous commercial land uses. These land uses are listed in the attached ordinance. Please see Exhibit C- Zoning Ordinance. Across VFW Road to the north is the VFW lodge which is zoned GO-CO. Also across the road are two multifamily developments that are zoned MF-3-CO. Immediately east and southeast of the rezoning tract is land zoned SF-6-CO that is developed with detached townhouse/condominium properties. Across Bowery Trail to the south is undeveloped land zoned GO. Across IH 35 to the west are commercial properties zoned LI, including headquarter offices of the Texas Council on Environmental Quality (TCEQ). Please see Exhibits A and B- Zoning Map and Aerial Exhibit. Staff supports the requested MF-4 zoning. MF-4 zoning is compatible with nearby multifamily and townhouse condominium properties. The applicant has stated their intent to construct approximately 330 market-rate apartments, providing additional housing opportunities in the area. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the goals and objectives of the City Council. 2. 3. Zoning should be consistent with approved and existing residential densities. Granting of the request should result in an equal treatment of similarly situated properties. The addition of multifamily units at this location will increase housing opportunities and be consistent with nearby residential properties. Staff has received correspondence in opposition to the rezoning request. Please see Exhibit D- Correspondence. EXISTING ZONING AND LAND USES: ZONING GR-CO GO-CO, MF-3-CO SF-6-CO, GO SF-6-CO LI Site North South East West NEIGHBORHOOD PLANNING AREA: N/A TIA: Deferred to time of site plan, if triggered. LAND USES Undeveloped Club/lodge, Multifamily residential Townhouse/condominium, Undeveloped Townhouse/condominium Administrative/business office 2 of 19B-7C14-2020-0143 WATERSHED: Walnut Creek (suburban) NEIGHBORHOOD ORGANIZATIONS: Friends of Copperfield Nature Trails Yager Community Homeless Neighborhood Association North Growth Corridor Alliance Friends of Austin Neighborhoods Neighborhood Empowerment Foundation SELTexas AREA CASE HISTORIES: There are no rezoning cases in the past 10 years in the vicinity. EXISTING STREET CHARACTERISTICS: TechRidge Neighbors Sierra Club Pflugerville ISD Bike Austin Austin Neighborhoods Council Austin Lost and Found Pets 3 ADDITIONAL STAFF COMMENTS: Comprehensive Planning Connectivity: There are no public sidewalks located along this portion of the IH 35 service road or along the narrow rural road of VFW Road. Bowery Trail does have public sidewalks on both sides of the road, leading into a single-family subdivision. The closest public transit stop is located 0.70 of a mile northeast but has no public sidewalks to reach it. The mobility and connectivity options available in the area are below average. All trips would need to be done by a car. Imagine Austin: The following Imagine Austin policies are applicable to this case:  LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children.  LUT P7. Encourage infill and redevelopment opportunities that place residential, work, and retail land uses in proximity to each other to maximize walking, bicycling, and transit opportunities.  HN P1. Distribute a variety of housing types throughout the City to expand the choices able to meet the financial and lifestyle needs of Austin’s diverse population. 3 of 19B-7C14-2020-0143 4  HN P10. Create complete neighborhoods across Austin that have a mix of housing types and land uses, affordable housing and transportation options, and access to healthy food, schools, retail, employment, community services, and parks and recreation options. Over the last decade, a number of developers have built large multifamily residential uses (senior living housing included) along the IH 35 service road to take advantage of the easy access onto IH 35. Multifamily complexes being located along IH-35 is not ideal because of the detrimental effects relating to pollution, noise, and the lack of connectivity and mobility options unless their residents have a car. Based on the Imagine Austin text and polices above, this project appears to partially support the policies due to the lack of connectivity and mobility options in the area. Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is in the Walnut Creek Watershed of the Colorado River Basin, which is classified as a Suburban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Under current watershed regulations, development or redevelopment on this site will be subject to the following impervious cover limits: 3. According to floodplain maps there is a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. Under current watershed regulations, development or redevelopment requires water quality control with increased capture volume and control of the 2-year storm on site. Site Plan Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Parks & Recreation PR1: Parkland dedication will be required for the new residential units proposed by this development, multifamily with MF-4 zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. There is currently a gap in the Walnut Creek Greenbelt south of Bowery Lane. The Parks and Recreation Department (PARD) would consider the offsite dedication of this section of 4 of 19B-7C14-2020-0143 5 Walnut Creek, from the existing parkland to IH-35, toward satisfying the requirement at time of permitting (whether subdivision or site plan). Such a connection would improve parkland connectivity, and satisfy an acquisition need for Walnut Creek, a recommendation identified in the Parks and Recreation Department’s Long Range Plan. Should there be any remaining fees in-lieu, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov . Transportation The Austin Strategic Mobility Plan (ASMP), adopted 04/11/2019, identifies sufficient right-of-way for VFW Road and Bowery Trail. Sufficient right-of-way for IH 35 is deferred to TxDOT. Traffic impact analysis was waived, TIA determination deferred until site plan, when land use and intensities will be finalized. Water Utility AW1. The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Based on current public infrastructure configurations this site is in an area with capacity concerns, and it appears that service extension requests (SER) will be required to provide service to this lot. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Exhibit C. Zoning Ordinance D. Correspondence 5 of 19B-7MF-4 C14-2019-0010 V F W T O I H 3 5 N B R A M P LO EQUIPMENT SALES GR IP 91-0069C OFFICE 85-069 90-008C SP94-0316C C14-92-0150(RCT) 92-0150 94-0316C SPC96-0353A MF-3-CO 00-2150 C14-00-2150 85-339 00-2150 D N S B E R U AT N LR P E Y A G E R L N MF-2 SF-6 UNDEV EXHIBIT A LR 85-339RC OFFICE BLDG. GO PARK THIRTY FIVE CIR DETENTION\POND LO UNDEV MF-2 SP-06-0437C 00-2133 84-385 INDUSTRIAL B N 5 3 H I N GO ! ! ! ! ! ! VF ! W R ! D ! BASEBALL FIELD ! ! ! ! UNDEV GO-CO 00-2084 V. F. W. CELL\TOWER ! ! ! ! ! ! 85-339 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 85-312 ! ! SF-6-CO O F FIC E LI OFFICE B S D R V S 5 3 H I N B S 5 3 H I N GR-CO C14-03-0151 03-0151 SP-05-0766C ! ! ! GO ! ! ! ! ! ! ! ! B N D R V S 5 3 H I N 85-312 GO ! ! ! SF-6-CO ! ! 03-0151 ! ! ! ! ! BOWERY TRL UNDEV L P Y R E W O B SF-6-CO Y A L W L FA R E T A W 85-339 C14-85-339(RCA) SF-6-CO C14-2008-0193 CLE 2008-0193 A R S T R E A M XIN G 2008-0193 SF-6 DR 85-339 SF-6-CO 85-339 P LO ( SF-2 ( ( ( ( ( ( ( ( WALNUT CREEK DR ( ( SF-2 ( R D S K A O H T R O N ( ( ( ( ( ( ( ( ( ( SF-2 ( L R T K A O ( ( ( ( ( MONTERREY PL ( SF-2 ( ( ( ( SF-2 ( ZONING ( ( ( ( ( R D S O M L O ( ( ZONING CASE#: C14-2020-0143 SF-2 PEGGOTTY PL SF-2 SF-2 R D D O O W T O R T SF-2 SF-2 DR BODGERS DR GO 85-168 85-149 GO P A R K T H I R T Y F I V E C I R MF-2 RR SP-95-0412C SP-95-0411C GO 00-2134 83-336 85-149 RR LI UNDEV SF-1 ( ( ( NO WREN AVE 78-047 SP-04-1108C EQUIP. LO RENTAL SF-1 ( CPA C14-2014-0100 UNDEV SF-3 = E V A A N N A Y L L O P = = = ± SUBJECT TRACT ! ! ! ! ! ! PENDING CASE ZONING BOUNDARY This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Created: 12/9/2020 6 of 19B-7Legend EXHIBIT B Zoning Review Cases- IN REVIEW Fully Developed Floodplain COA Fully Developed 25-Year COA Fully Developed 100-Year COA Master Plan 25-Year COA Master Plan 100-Year 100-Year (Detailed-AE) 100-Year (Shallow-AO,AH) 100-Year (Approx-A) Creek Buffers/Waterway Setbacks Critical Water Quality Zone Water Quality Transition Zone Zoning Text 0.2 0 0.08 0.2 Miles NAD_1983_StatePlane_Texas_Central_FIPS_4203_Feet Date Printed: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 1: 4,800 Notes 7 of 19B-7ORDINANCE NO. 040108-Z-5 EXHIBIT C AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 12301 IH-35 NORTH FROM GENERAL OFFICE (GO) DISTRICT AND LIMITED OFFICE (LO) DISTRICT TO COMMUNITY COMMERCIAL-CONDITIONAL OVERLAY (GR-CO) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from general office (GO) district and limited office (LO) district to community commercial-conditional overlay (GR-CO) combining district on the property described in Zoning Case No.Cl 4-03-0151, on file at the Neighborhood Planning and Zoning Department, as follows: Tract One: A 11.017 acre tract of land, more or less, out of the J.A.G. Brooke Survey No. 79 and the Louis Fritz Survey No. 291, in Travis County, the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance, and Tract Two: A 0.984 acre tract of land, more or less, out of the J.A.G. Brooke Survey No. 79, in Travis County, the tract of land being more particularly described by metes and bounds in Exhibit "B" incorporated into this ordinance, (the "Property") locally known as 12301 IH-35 North, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "C". PART 2. The Properly within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: 1. A site plan or building permit for the Property may not be approved, released, or issued, if the completed development or uses of the Property, considered cumulatively with all existing or previously authorized development and uses, generate traffic that exceeds 2,000 trips per day. Page 1 of 3 8 of 19B-7The following uses are prohibited uses of the Property: Cultural services Day care services (general) Guidance services Local utility services Private secondary educational facilities Public secondary educational facilities Communication service facilities Community recreation (public) Residential treatment Art and craft studio (limited) Business support services Drop-off recycling collection facility Financial services Funeral services General retail sales (general) Indoor spots and recreation Medical offices (over 5000 s.f.) Pawn shop services Personal services Professional office Restaurant (limited) Service station Theater Club or lodge Plant nursery Hotel-motel Day care services (commercial) Day care services (limited) Hospital services (limited) Private primary educational facilities Public primary educational facilities College and university facilities Community recreation (private) Congregate living Safety services Business or trade school Communication services Exterminating services Food sales General retail sales (convenience) Indoor entertainment Medical offices (not over 5,000 s.f.) Outdoor sports and recreation Personal improvement services Pet services Research services Restaurant (general) Software development Hospital services (general) Outdoor entertainment Special use historic Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the community commercial (GR) base district and other applicable requirements of the City Code. Page 2 of 3 9 of 19B-7PART 3. This ordinance takes effect on January 19, 2004. PASSED AND APPROVED January 8 ., 2004 Will Wynn Mayor APPROVED: yv. ATTEST: David Allah Smith City Attorney ' Shirley A. Brown City Clerk Page 3 of 3 10 of 19B-7TRACT 1 FIELD NOTE DESCRIPTION OF A H.017 ACRE TRACT OF LAND OUT OF THE SOLO STAR REALTY, INC. TOACT> TRAVIS COUNTY, TEXAS BEING a 11.017 acre (479,881 square feet) tract of land situated in the J.A.G, Brooke Survey No. 79, Abstract No. 69, and the Louis Fritz Survey No. 291, Abstract No. 279, City of Austin, Travis County, Texas; also being a portion of that certain called 103.397 acre tract of land described in a Special Warranty Deed (With Vendor's Lien) to Solo Star Realty, Inc., executed October 14,1993, and recorded in Volume 12056, Page 1563, of the Real Property Records of Travis County, Texas (RJP.R.T.C.T.); said 11.017 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1-inch iron pipe (Control Monument) found marking an interior comer of said 103.397 acre tract, same being the most southerly corner of a road (known as V.F.W. Road) dedicated in Plat Book 7, Page 143, of the Plat Records of Travis County, Texas (P.R.T.C.T.), and filed for record on February 21,1956; THENCE, North 59 degrees 50 minutes 00 seconds West, with the common southwesterly right-of-way (R.Q.W.) line of said V.F.W. Road (a 60 foot wide R.O.W. at this location per said plat) and a northeasterly line of said 103.397 acre tract, a distance of 657.44 feet to a 1/2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace Group cap") set for the POINT OF BEGINNING and easternmost comer of the herein described tract of land, said point also being the beginning of a tangent curve to the right from which the radius point bears North 56 degrees 07 minutes 35 seconds West, at 445.77 feet; THENCE, departing said common line, and crossing through the interior of said 103.397 acre tract, the following four (4) calls: 1) 2) 3) In a westerly direction, with said curve to the right, through a central angle of 71 degrees 25 minutes 26 seconds, an arc length of 555.69 feet, and a chord bearing and distance of South 69 degrees 35 minutes 08 seconds West - 520.40 feet to a calculated point for a comer of the herein described tract and being the end of said curve; North 74 degrees 42 minutes 08 seconds West, a distance of 37.10 feet to a calculated point for a corner of the herein described tract; South 12 degrees 17 minutes 53 seconds West, a distance of 51.88 feet to a calculated point for a comer of the herein described tract; Page I of 4 11 of 19B-7Tract 1 continued Description of 11,017 acre tract 4) North 73 degrees 29 minutes 17 seconds West, a distance of 601.73 feet to a 1/2- inch iron rod with Wallace Group cap set for the westernmost comer of the herein described tract, said point being on the common easterly R.O,W. line of Interstate Highway 35 (a 300 foot wide fc.Q.W, at this location) and a westerly line of said 103.397 acre tract; THENCE, North 12 degrees 15 minutes 27 seconds East, with said common line, a distance of 62,19 feet to a concrete monument found and as called for in the deed for said 103.397 acre tract for corner of the herein described tract, said point also being the beginning of a non-tangent curve to the left from which the radius point bears North 77 degrees 46 minutes 39 seconds West, at 3,969.72 feet; THENCE, in a northerly direction, continuing with said common line, and with said curve to the left, through a central angle of 07 degrees 50 minutes 06 seconds, an arc length of 542.85 feet, and a chord bearing and distance of North 08 degrees 18 minutes 18 seconds East - 542.42 feet to a 1/2-inch iron rod with Wallace Group cap set for the northernmost comer of the herein described tract; THENCE, South 88 degrees 15 minutes 36 seconds East, departing said common line, and crossing through the interior of said 103.397 acre tract, a distance of 84.82 feet to a 1/2-inch iron rod with Wallace Group cap set for an angle point and comer of the herein described tract, said point being on the common southwesterly R.O.W. line of said V.F.W. Road and a northeasterly line of said 103,397 acre tract; THENCE, South 59 degrees 50 minutes 00 seconds East, with said common line, at a distance of 554.20 feet passing a truck ajtle (Control Monument) found and as called for on the plat for said road dedicated in Plat Book 7, Page 143, P.R.T.C.T., and continuing jn all a total distance of 1,08J.62 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing within the metes recited 11.017 acres (479,881 square feet) of land, more or less, based on a survey performed by The Wallace Group, Inc., Round Rock, Texas in June of 2003. An exhibit drawing of even survey date herewith accompanies this field note description. Page 2 of 4 12 of 19B-7Tract 1 continued Description of 11.017 acre tract NOTE: This document is not to be used to convey real property I, Panic! M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this field note description and the exhibit drawing attached hereto were prepared from an actual survey of the property performed on the ground and that the same is true and correct. -^-^-*™IT^^^ r M, Flaherty, R.P.L.S. N( f. . M _ff^^^-^- ti The Wallace Group, foe. One Chisholra Trail, Suite 130 Round Rock, Texas 78681 Work Order No. 16094 (512)248^0065 See attached plat RR A-4099 l6094-FN03.doc Page 3 of 4 13 of 19B-71 TRACT 1 DRAWING TO ACCOMPANY FIELD #OT£ DESCRIPTION OF A 11,017 ACRE TRACT OF LAND IN TffS J.A.& BROOKE SURVEY AU 79, ABSTRACT NO. 69 AND THf LOUTS FRITS SURVEY ffO. 291. ABSTRACT ffO* 279, TRAVIS COU&TY, TEXAS, SBINC- A PORTION OF A 103.397 ACRE TRACT OF LAND RECORDED W VOLVMB 1Z058, PAGE 1563, REAL PROPERTY RECORDS OF TRAVIS COUNTY. TEXAS POHT10N OF CALLED 101397 SOLO STAR ftf AI.TY, me ItQM. fQ. 1S8J KAP.T.C.T. EXECUTED: OCTOflCH U. 1B03 VOL. .r,ir, RQAD WIDTH RTGHT OK WAY) 60' WIDE ROAD OSPfCATlOff - BK, '?, PC. M9 P,fl.T,C.T. FILED: FKBWARr Zt, fSSG S Sfl-BO'og- E'- 1.0S1.6? NOTE POINT OF &SGINNWG FIELD ffOTS COMMENCING 8" / TRACT 1 11,017 \ 479.881 ISO. N 7+-4Z'08 W 37.10' WWMfE uaojum (UtULUCD) CAU.CO 103,387 ACKU SOCO STAR RCALTY, INC 1JOK. R.R-P.T.C.T, i OCTCBEH 14. 1993 = 1/2" IRON ROD FOUND UNLESS OTHERWISE NOTED O - 1/2" IRON ROD SET WITH PLASTIC CAP STAMPtD "WALLACE CROUP" A - CORNER R.P.R.T.C.T. - REAL PROPERTY RECORD TRAVIS COUNTY, TEXAS D.R.T.C.T, • PKO RECORDS TRAVIS COUNTY TEXAS P.R.T.C.T, - PLAT RECORDS TRAVIS COUNTY TEXAS ijiK IT KNOWN THAT THC suR«yon HAS HOT PERFMUE& A COMPLETE AfeTRAOT AND HAS NOT DON riMMSHED A TITLE «*WITVWT. THE^HftlW SOME &atMwn on OTHCR BCHTS AirccmNO THE TRACT HAY NOT BE 1.) THIS CCHI9IT DAAWKC IB ACCOMPANIED BY A SEPARATE FJQ.D NOTE KWHPTIW. 3.) BASIS OF KAIWM ARE RErtRftrtTO TO THE aaUTKWt5TOT.V UHC Of V.F.W. ROAD. AS PLATO) FOR KOAfi DEDICATION IH BK. 7, PAGE \O, PUT R^CCfiOC OP TRAVIS COUNTY, TEXAS. SAME BQMC THE WQflTHCA«T£fl1.Y OF THE W8JEOT TRACT - NORTH M DECREES SO HNUTCS M£sT. A DISTANCE OF 1,184.68 FEET PER PLAT CALL) NORTH 60 .OEORCEfi 80 WNUTK3 WEST 00 SECONDS, A DISTANCE QP 1.184J8 rtCT OKTKIH FOWfl MONUMENT* 0"UCK A«£ TO f KON W?t). *.) TW8 OOCUHENT IS NOT TO •£ USfft Tti OWVCT REAL PROPERTY. W The Wallace Group, Inc. 1 Chlshotm Troll Suit* 130. Round Rock, Texas 78681 (512) 248-0065 Engineers • Architects • Planners • Surveyors Waco * Kiileen * Austin * Oatlas * Round Rock I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THt^MS— DAY OF _*.J3E£S4!§5 2003. SURVEYED: 5-20-03 SCALE O 2003 ALL RIGHTS RESERVED DIGITAL FILE WORK ORDER NO. 609 16Q94.ZQNING2 AFT DATE -12-02-03 FlELDBOOK/^G. M 27/E&-39 DRAWN BY TAB j> ?ONtNG F/N 16094-FN03 14 of 19B-7TRACT 2 HELD NOTE DESCRIPTION OF A 0.984 ACRE TRACT OF LAND OUT OF THE SOLO STAR REALTY, INC. TRACT, TRAVIS COUNTY, TEXAS BEING a 0,984 acre (42,845 square feet) tract of land situated in the J.A.G. Brooke Survey No, 79, Abstract No. 69, City of Austin, Travis County, Texas; also being a portion of that certain called 103397 acre tract of land described in a Special Warranty Deed (With Vendor's Lien) to Solo Star Realty, Inc., executed October 14, 1993, and recorded in Volume 12056, Page 1563, of the Real Property Records of Travis County, Texas (R.P.RXC.T.); said 0.984 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1-inch iron pipe (Control Monument) found marking an interior corner of said 103.397 acre tract, same being the most southerly comer of a road (known as V.F.W. Road) dedicated in Plat Book 7, Page 143, of the Plat Records of Travis County, Texas OP.R.T.C.T.), and filed for record on February 21,1956; THENCE, North 59 degrees 50 minutes 00 seconds West, with the common southwesterly right-of-way (R.O.W.) line of said V.RW. Road (a 60 foot wide R.O.W. at this location per said plat) and a northeasterly line of said 103.397 acre tract, a distance of 657.44 feet to a 1/2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace Group cap") set for the POINT OF BEGINNING and easternmost comer of the herein described tract of land; THENCE, departing said common line, and crossing through the interior of said 103.397 acre tract, the following five (5) calls: 1) 2) 3) 4) South 30 degrees 10 minutes 00 seconds West, a distance of 375.80 feet to a 1/2- inch iron rod with Wallace Group cap set for the southernmost corner of the herein described tract; North 73 degrees 29 minutes 17 seconds West, a distance of 360.58 feet to a calculated point for the westernmost corner of the herein described; North 12 degrees 17 minutes 53 seconds East, a distance of 51.88 feet to a calculated point for a comer of the herein described tract; South 74 degrees 42 minutes 08 seconds East, a distance of 37,10 feet to a calculated point for a corner of the herein described tract, said point also being the beginning of a tangent curve to the left from which the radius point bears North 15 degrees 17 minutes 51 seconds Eastr at 445.77 feet; &IT fi Page 1 of 3 15 of 19B-7Tract 2 continued Description of 0.984 acre tract 5) In a easterly direction, with said curve to the left, through a central angle of 71 degrees 25 minutes 26 seconds, an arc length of 555.69 feet, and a chord bearing and distance of North 69 degrees 35 minutes 08 seconds East - 520.40 feet to the POINT OF BEGINNING of the herein described tract, delineating and encompassing within the mctcs recited 0.984 acre (42,845 square feet) of land, more or less, based on a survey performed by The Wallace Group, Inc., Round Rock, Texas in June of 2003. An exhibit drawing of even survey date herewith accompanies this field note description. NOTE: This document is not to be used to convey real property IT Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this field note description and the exhibit drawing attached hereto were prepared from an actual survey of the property performed on the ground and that the same is true and correct. M. Flaherty, The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Work Order No. 16094 (512)248-0065 See attached plat RR A.-4100 16Q94-FN04.doc Page 2 of 3 16 of 19B-7TRACT 2 DRAWING TO ACCOMPANY FJEtD ffOTE DESCRIPTION OF A 0,994 ACRE TRACT OF tAfffi Jfff THE J.A.& BROOKS SURVEY NO, 79, ABSTRACT IfO. 89, TRAVIS COUNTY, TEXAS* BEING A PORTION OF A 103.397 ACRE TRACT OF ZAKD RECORDED Iff VOLUME 12066, PAGE 1563, REAL PROPERTY RECORDS OP TRAVIS COUNTY, TEXAS '' PORTION OF MU.EO 1M.JS7 30.0 STA* ftCAtn-. INC VOL, 12058. PC. 13«J R.P.B.T.tT. CXECUTCD: OCTOflEfi 1*. 1B8J v.r.w, MAD (VARIABLE WIDTH RIGHT OR WAY) 80' VIDE ftQAD DSDICATJON - BK 7. PC. PA.T.C.T. FILED: FEBRUARY Ztt iBS€ S aB'OO'OO E - 554.20' 3 59'50'00" Ef- 1.081.62' FIELD NOTE POINT OF BEGINNING FIELD NOTE R-3.C8B.72' L=3+2.85' CH=342.«' E C8«N RM45.7T L-555.W CH-6Z0.401 CB-N fifl-sa'aa" E S 74'42'OB" E 37,10' EXHfflT A EASEMENT AREA CALLED e.«1 ACRES VOL. !f»7«. PO. 0717 R.RR.T.C.T. TRACT 2 0.984 ACRES 42,846 SQ, FT, CALLED 101367 ACMS SOLO GTAR KALTY, INC VCL. 12068, Pa IMS fi.P.R.T.C.T. CXCCIJTED: OCTOBCTt 14, 1B9J LEGEND - 1/2" IRON RCO POUND UNLESS OTHERWISE NOTED o » 1/2' IRON ROD SET WITH PLASTIC CAP STAMPED "WALLACE GROUP" A - CALCULATED CORNER R.P.R.T.C.T. - REAL PROPERTY RECQRQ TRAVIS COUNTY, TEXAS D.R.T.CJ. - DEED RECORDS TRAVIS COUNTY TEXAS P.RT.C.T. - PLAT RECORDS TRAVIS COUNTV TEXAS tURVCTOft HAS NOT PERTORUEti A CtiMPLCTC NOTES: 1.) BE IT KNO^ THAT Dtf AflSTfUCT ANO HA3 NOT OOP njWISHED A T|1l£ COMWTHtHT. THEHEFORE SOME EABEMEJlTa OR OTHER H1CKT3 ATTTCTWO THE TRACT MAY NOT BS SHOWN. 1) THIS CXMBIT DRAWM K MCOMPHUED BY A SEPARATE flCUQ HQTt KSCHPT1CN. i) BASIS V OCARIN9S ARC REFERENCED TO THE %UTHW5TCR.r UNE OF VJ.W. PWAO. AS PUTTED FOR ROAD OOtCAttON IN BK. 7. PACE 143. PUT RCCORQfi Of TRAVIS COUNTY. TEXAS. SAMS BBNC THE NORTHEASICftLY Of THE $UB£CT TRACT - NORTH U OfdRffiS W WINVTES VEST. A WSTAUCt OT 1,164.W FEET PER PUT CAU NOTTH 5P DECREES 60 MNUTCS WWT W SECONDS, A DISTANCE OF (.1&4.M FfeCT «TWEW FOUND UQKUMENT3 (tftUW AXLE TO 1' IRON PIPE). 4.) THIS DOCUMENT IS NOT TO BC USED TO CONVEY REAL PROPERTY, W The Wallace Group, Inc. 1 Chbholm Troit Suite 130, Round Rock, Texos 7B601 (512) 248-0065 Engineers • Architects • Planners • Surveyors Waco * Killeen * Austin * Dallas * Round Rock I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BE.UEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE_ _2ND ._ DECEMBER q^Y OF 20Q3. SURVEYED: 5-20-03 SCALE O 2003 ALL RIGHTS RESERVED DIGITAL RLE WORK ORDER NO. Sflfli- 16Q94ZONJMG2 FIELD800K/PG. 27/16-39 ZONING 16094-FN04 3 OF 3 17 of 19B-7SUBJECT TRACT PENDING CASE ZONING BOUNDARY CASE MGR: S. GAGER ZONING CASE#;C14-03-0151 ADDRESS: N I 35 [acres): 12 SUBJECT AREA (acres): 12 DATE: 03-12 INTLS: SM _ r r L u / L I i f CITY GRID REFERENCE NUMBER M32-33 V \ 18 of 19B-7EXHIBIT D 19 of 19B-7