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HomeMy WebLinkAboutCorrespondence (*1141111141 CITY OF COLLEGE STATION Planning d Development Services 1101 Texas Avenue,P.O. Box 9960 College Station,Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 May 15,2008 Southwood West Attention:James Woods 4101 Texas Avenue,Suite B Bryan,TX 77802 RE:Property located at 12909 FM 2154 Dear Mr.Woods: This letter is to inform you that the above referenced property has been denied an administrative adjustment of 5.5 inches to the allowable building height as required in the Unified Development Ordinance,Section 7.1.H.2,Height-Single Family Protection, for the area identified as Point 2 on Exhibit B of your application,and of 1 foot 2 inches to the allowable building height at the proposed location(at a setback of 25 feet as stated in your letter) for the area identified as Point 1 on Exhibit B of your application. The purpose of Section 7.1.H is to minimize the intrusion of non-residential and multi-family development on existing, established single-family residences. Building height is regulated in this section by requiring a maximum building height that is not more than one-half of the distance between the non- residential or multi-family structure and a shared lot line with a single-family property. This restriction helps to minimize the visual impact of the structure from the shared lot line, as well as help limit the impact of light, noise, and privacy issues that may be generated from these types of development. In reviewing this request, granting of such an adjustment would be contrary to the stated purposes of the Unified Development Regulations which include • Protecting the character and the established pattern of desirable development in each area;and • Preventing or minimizing land-use incompatibilities and conflicts among different land uses In regards to the area identified as Point 1 on Exhibit B of your application,we have determined that the existing difference between the allowable height of the building and the actual height of the building is 1 foot 4 inches in its present location, which exceeds the ten percent allowable for consideration of an administrative adjustment. To maintain the back wall in this location would require a variance to the minimum height requirements, as well as amendments to the approved Master Development Plan for Edelweiss Subdivision and a replat of this lot to remove the landscape buffer area. A minimum buffer of 15 feet would be required to be maintained as a requirement of the Unified Development Ordinance. • Page 2 May 15,2008 If you have any questions,please feel free to call me at 979.764.3570. Sincere Bob Cowell,AICP Director,Planning and Development Services CC: File # 08-00500108 eff rg zioco May 9, 2008 Lance Simms Chirs Haver City of College Station Building Dept. College Station, TX Re: 12909 FM 2154 Bld E Lance and Chris, Please find attached the survey/drawing by Kling Engineering for this site Exhibit B and our drawing Exhibit A presented on 04/28/08. Point#2 per Exhibit A does not encroach in the 25' buffer; the only encroachment is Point#1 per Exhibit A, approximately+/- 1' at the worst point. At Point# 2 (to determine the building distance from the property line)we added 23" (elevation difference at property line from finish floor) to the building height of 11' 10" which equals 13' 9"; multiply this (13' 9") times 2 (2 to 1 ratio) equals 27' 6"needed from property line to rear building. I would propose at Point# 2 to move the back of the wall to the 27' 6" to meet the height requirement or my preference would be an administrative adjustment, since I do meet the 10% and less criteria. This Point#1 would meet, also, the 10% or less criteria and would request the administrative adjustment. In regards to Point# 1 to the 25' buffer encroachment within this point I will move the rear wall of the structure to the minimum 25' point to meet this buffer requirement in this 20' area. In regards to the elevation I would request the administrative adjustment. We hope that this satisfies the City requirements and we may proceed with working on the exterior of the shell on the front and sides of the building to get it into the dry, as there are no issues with these locations. ) cerely, James H. Woods 1 I ___ , I ° i t Ili --....„ . P.U.E 5'7r-5775/99) - - -------- - v, 111 ; I I I II ffiI � I l\ L I'►v,, `\ �\\ I I I I 41I 1 I nT sal I 'b -- �– I 4 I cv i - \ \ \ v tii 7J i r+ • �I /� \to / \ 1 23 IAN 1 I \,‘\ n`O .-0 1 L=J Z \ 1 x rot x \\ \ \ • s 'IR.; Y � 2q �1/ � H r< A \ 1 0 1 , \1 e +30.5 CU z \ 1 . ; \\ n I r_ , 1 }35 , _ 1 _, _ I ---1 I \ + 30.5 �� _I•. s s✓�— 10' Pr.S.S E —a sti— s sA _ I I— — j1I i-1H I ■� -r —E Eima1. I' — - I I .\ 1\\ ._i_. 0. I II 16 ❑®o \ w. I" I t w' I I �.X AZ I \ I i0 O 7(7 O O C O a O. to (121 .'i ---1 12-' i 1 �)' /L , ,,rc� f ._-) ,, +_________ -7,(„,1_ ---7 '' __-----7, -7 i , ! -1- I rte. �\ 2 ? 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Councilman Crouch made an amended motion to delete three of the conditions in the original motion listed below: 1) - Annual review of permit 2) - 50 ft. buffer zone 3) - fence located along the property of the child care. No second was made. Councilman Gardner commented about the lighting at the nightclub and questioned if the lighting might disturb the neighbors. Councilman Schneider stated that he attended the Planning and Zoning Commission to hear this item. He supported the Commissioner's vote and opposed the motion by Councilman Kennady. Mr. Schneider further commented that it is difficult to understand why the City should go to the extreme to place all these conditions on the property in order to remedy something that should not happen in the first place. Councilman Mcllhaney stated that she did not hear any sound outside the building. She did not approve of a nightclub in the residential area; however, she was satisfied with the conditions specified in the motion and hoped that the business will do their best to work with the neighbors to provide security for them. Mayor Ringer began restating the conditions imposed by the motion. He suggested that the condition for a stockade fence at the property line of the child care center be replaced by the condition that the owners install and maintain suitable vegetated screening. Mr. Thornton remarked that the applicants do not own this property. Councilman Kennadyadded to his motion as suggested by Mayor Ringer. Councilman Gardner stated that he does not feel these conditions are necessary, the nightclub should not be located at this site. Councilman Schneider expressed his opposition to the nightclub in this residential neighborhood. Mayor Ringer restated the motion. The motion to approve the conditional use permit with the nine conditions discussed above passed by a vote of 5-2, Councilman Gardner and Councilman Schneider voted against the motion. Agenda Item No. 6 - Public hearing and consideration of an ordinance rezoning 199.6 acres from A-O Agricultural Open to R-1 Single Family. 12.06 acres to A-P Administrative Professional.13.29 acres to C-1 General Commercial. 15.70 acres to C-3 Planned Commercial. 4.31 acres to C-2 Commercial Industrial. and 24.71 acres t9 l-5 Apartments Medium Density (Edelweiss Estates and Rock Prairie Estates Subdf rasions). Senior Planner Jane Kee explained that the master plan of Edelweiss Estates and Rock City Council Regular Meeting Page 7 Thursday, April 8, 1993 Prairie Estates were approved June, 1992. The zonings are necessary to continue the implementation of the master plan. Staff and Planning and Zoning Commission recommended approval. Mayor Ringer opened the public hearing. Steve Arden spoke in favor of the requested rezoning. Mayor Ringer closed the public hearing. Councilman Schneider made a motion to approve Ordinance No. 2006. The motion was seconded by Councilman Crouch which carried unanimously, 5-1, Councilman Gardner voted against with Councilman Brown absent. Agenda Item No. 7- Public hearing and consideration on proposed Amendment 3 to the 1992-93 Annual Budget. Budget Director Charles Cryan explained to the Council that the budget amendment is for allocation of funds to the General Fund in the amount of$240,000. The funds were originally appropriated last year for the Carters Grove project. It was delayed in order to replace the water and sewer lines before the street construction. The project will soon be considered by the council at a future meeting. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Crouch made a motion to approve Ordinance No. 2007. The motion was seconded by Councilman Mcllhaney which carried unanimously, 7-0. Agenda Item No. 8- Hear Visitors. John Walter, a resident of the Raintree subdivision thanked the Council for their time and effort in the discussion of the Walmart rezoning and land use issues. He urged the council to continue their discussions of the land use plan. Mayor Ringer stated that it is the intent of the council to review the land use plan in its entirety. Councilman Crouch thanked Mr. Walter regarding his letter to the Eagle. Agenda Item No.9 Executive session to discuss pending litigation [6252-17(2)(e)] - Tony Sullivan. The council moved to closed session in the training room at 9:25 p.m. Agenda Item No. 10-Action on closed session The council reconvened into open session at 9:35 p.m. No action was taken. 115v 2_ 11 Djc = .5 23" 2(,--1 „ _AIlowahl e -- 13 3.5" — 13. 29 1 ca-1 Pcchva ( = 131 9 �r = 13 . 7 , i! 0 10 2z-l1 Ac_hcid — 13 ` a'/ = t3. L2C0-1 10/0-% r2-4" \, 14/, Po (needs +tee e I 21 ' y 6 < 3/ 4', 2 25' AII6vvofrAe, = r.0/1:1121(01/ = 13 6q/o) i e1e25-F- ID% c a.11(Avaaol-e VleA VII 02`6") _:(oho aIions&V -e 1/eIGv1-1- 5/ 3,Srr 1 ' 3. 5'' q.3 Chairperson Hawthorne invited the applicant to provide any additional information pertaining to the acoustical study. Consulting Engineer John Mays of Caldwell Design Service approached the Commission and summarized the information found in the acoustical study conducted on March 8, 1993. He stated that once the building is repaired and the interior is finished,sound will be reduced. Chairperson Hawthorne invited the residents to present only new information. Belinda Hughes of 301 Krenek Tap #129 approached the Commission and submitted a petition with signatures of 120 residents opposing the nightclub. Chairperson Hawthorne informed the Commission that he would be abstaining from this item. Commissioner Mariott . moved to approve the conditional use permit request by KSK Entertainment to operate a nightclub in the former Schulman Theater located at 226 Southwest Parkway. Commissioner Gribou seconded the motion. Commissioner Smith stated that he would have to vote against the affirmative motion due to the valid concerns presented by the surrounding residents. Commissioner Gribou stated that the use of the building as a nightclub is appropriate and through the effective use of buffers, the sense of security and privacy can be maintained. Representative of the applicant, Pat Siegert, requested that he be allowed to address the Commission. Once allowed, he stated that the applicant would be willing to install an 8' stockade privacy fence and plant red tip photinas on the trailer park side of the fence with the approval of the park owners. Mr. Siegert concluded that the occupants of the building want to be good neighbors and act responsibility. Commissioner Mariott moved to amend his original motion of approval to include the proposed 8' fence and vegetation provided that an agreement can be reached between the two property owners. Commissioner Gribou seconded the amendment which passed (4 - 1 - 1); Commissioner Hall voted in opposition to the amendment and Chairperson Hawthorne abstained. The original motion to grant the conditional use permit as amended failed (2 - 3 - 1); Commissioners Smith, Hall and Herring voted in opposition to the motion and Chairperson Hawthorne abstained. AGENDA HEM NO. 4: Public hearing to consider a rezoning request by the Begonia jrporation for approximately 269.67 acres located in the Edelweiss and Rock Prairie Estates bdivisions from A-O to R-1, R-5, A P, C-1, C-2 and C-3. (93-104) City Planner Callaway presented the staff report and recommended approval with the condition that buffers be established at the time of platting as shown on the master plan. The requested rezonings conform to the master plan of the development as presented to and approved by the Commission on May 21, 1992 and to the City Council on June 10, 1992. Seventy-one surrounding property owners were notified with no response. Chairperson Hawthorne opened the public hearing. Applicant Steve Arden of the Begonia Corporation approached the Commission and offered to answer questions pertaining to the proposed rezoning. Chairperson Hawthorne closed the public hearing. P & Z Minutes March 18, 1993 Page 2 Commissioner Gribou moved to recommend approval of the rezoning request for approximately 269.67 acres located in the Edelweiss and Rock Prairie Estates Subdivisions from A-O to R-1, R- 5, A-P, C-1, C-2 and C-3. Commissioner Mariott seconded the motion. Commissioner Herring suggested that the staff recommendation pertaining to buffers be included in the motion. Commissioner Gribou moved to amend the original motion to include staff recommendations. Commissioner Herring seconded the amendment which passed unopposed (6 - 0). The original motion to recommend approval of the rezoning request as amended passed unopposed (6 0). AGENDA ITEM NO. 5: Consideration of a preliminary plat of Edelweiss Estates Phases II and III. (93-302) City Engineer Pullen presented the staff report and recommended approval with the variance to the length of the Brussels Drive cul-de-sac. The applicant is requesting a variance to the by th subdivision regulations. Brussels Drive as plated exceeds the cul-de-sac length requirement approximately are required on all 50' rights of way except cul-de-sacs. Oversized II participation 55 . Sidewalksq gn Victoria Avenue is a part of a development agreement accepted by the City Council and the applicant on January 18, 1993. Commissioner Herring moved to recommend approval of the preliminary plat for Edelweiss Estates Phases II and III with the variance to the cul-de-sac length of Brussels Drive. Commissioner Mariott seconded the motion which passed unopposed (6 - 0). AGENDA ITEM NO. 6: Consideration of a previously tabled preliminary plat for the Elm Crest Subdivision. (93-303) Assistant to the CityEngineer ineer Morgan presented the staff report and informed the Commission • g lin that the plat was reviewed by staff on March 10, 1993 as a response to the Commissions tabling Y this itemThe developer has proposed a new layout which adequately addresses the turnaround issue on Mint Avenue. Staff recommended approval with the presubmission comments from the March 10, 1993 meeting in addition to several comments made at the February 15, 1993 presubmission meeting, namely: -- submit evidence that the off-site drainage facility is agreed to by the property owner; and -- sidewalks are required along both sides of Mint Avenue. Assistant to the City Engineer Morgan continued that the preliminary plat layout proposes a collector providing access from Welsh Street west to the area planned as Rock Prairie Estates. It would eventually connect to Rock Prairie Road. This layout does not match the existing approved master plan for Rock Prairie Estates to the west; however, Steve Arden (representing the Rock Prairie Estates development) has indicated that this alignment will work for the development. The developer will submit revisions to the master plan that will address this new alignment. Commissioner Gribou moved to recommend approval of the preliminary plat of Elm Crest Subdivision with staff recommendations. Commissioner Smith seconded the motion which passed unopposed (5 0 - 1); Commissioner Mariott abstained due to a conflict of interest. P & Z Minutes March 18, 1993 Page 3 r �{ 4 STAFF REPORT Case No.: 93-104 Request: Rezone from A-O Agricultural Open; 199.58 acres to R-1 Single Family, 12.06 acres to A-P Administrative Professional, 13.29 acres to C- 1 General Commercial, 15.70 acres to C-3 Planned Commercial, 4.31 acres to C-2 Commercial-Industrial and 24.71 acres to R-5 Apartments Medium Density. Property is generally located along Wellborn Road on both sides of the North Graham Road intersection and is more commonly known as the proposed Edelweiss.Estates and Rock Prairie Estates Subdivisions. Applicant: Lieven J. Van Riet, et al - owner ZONING AND LAND USE North: R-1 - Southwood Valley Section 24C East: R-1- Brandon Heights, Westchester Park and Willimas Court Subdivisions and R-5 Rock Prairie Elementary School and vacant property South: M-1 and M-2 recently zoned Graham Road Industrial rea West: Outside City Limits COMPREHENSIVE PLAN This rezoning request conforms to the Master Plan presented and approved last year. ENGINEERING Water and Sewer: Water is provided to the area through a 30" water line along Wellborn Road and an existing 30" water line along Rock Prairie Road. Impact studies for the water show that the existing water distribution system in the area is adequate to serve this development. The existing 30" lines along Wellborn and Rock Prairie Road provide adequate flow and pressure for the proposed development. Sewer is provided to the north side of the site through several existing lines in the adjacent Southwood Valley sections. The central portion of the tract will be sewered through the existing lines constructed with the old Family Tree subdivision (now known as Williams Court). The southern portion of the development will be sewered through the new "Graham Road Interceptor". Drainage: The majority of the site drains to the east into the North Fork of Lick Creek. A small portion of the site drains to the west, into the Hopes Creek basin. Still another portion of the site drains to the North into Bee Creek Tributary A. Flood Plain: No designated flood plain on 1992 FEMA maps in this area. Land Use Buffers: Proposed landscape and buffer areas will be required during platting as indicated on the master plan. NOTIFICATION: Legal Notice Publication(s): Advertised Commission Hearing Date(s): 3-18-93 Advertised Council Hearing Dates: 4-8-93 Number of Notices Mailed to Property Owners Within 200" 71 Response Received: One inquiry as of 3-10-93 STAFF COMMENTS / RECOMMENDATIONS g The requested rezonings conform to the Master Plan of the development as presented to and approved by the P&Z on 5-21-92 and to the City Council on 6-10-92. Staff recommends approval with the condition that buffers be established at the time of platting as shown on the Master Plan. P&Z Minutes May 21, 1992 Page 3 AGENDA ITEM NO. 3: Master Development Plan of Edelweiss Estates and Rock Prairie Estates. (92-305) Senior Planner Kee presented the staff report and recommended approval of the overall general plan concept. Development policies relating to land use relationships suggest avoiding placing general commercial and industrial land uses adjacent to low density residential land uses. This plan places commercial uses adjacent to single family residential uses but is proposing landscape easements as a way to help buffer any negative impacts. The plan also is proposing to place district boundaries along back of lot lines so that residential and commercial activities face away from each other as is encouraged by our development policies. The proposed depths for the commercial districts along Wellborn and along the south side of Rock Prairie are generally maintained at 400 feet. The depths of the proposed commercial districts along the north side of Rock Prairie are less than policies state (are generally 300 feet). This may not provide for adequate on-site circulation which is particularly important considering the City Access Management Police (soon to be ordinance) which will limit the number of access points to Rock Prairie Road. The M-1 district may be compatible with all adjacent land uses depending on the particular project and its design. Development in M-1 requires additional review of architecture and other aesthetics that are not required in other zoning district. The developer is proposing a park location in the southern portion of the subdivision. The park site is located so as to buffer the residential areas from the industrial uses along Graham Road as are the locations chosen for the multi-family land uses. The Parks Board has approved this dedication. The proposed abandonment of Arnold Road is a good location for green space combined with pedestrian and bicycle ways and the staff is working with the developer on the particulars. The developer is encouraged to provide movement for bicycles along Victoria for access to the elementary school. Discussion concerning the abandonment of Arnold Road as a right-of-way for cars led to the idea of also using this area for pedestrian and bicycle traffic to gain access to the Junior High School and as a way to link the proposed park with the two schools and Westchester Park. The traffic impact studies show that a substantial amount of traffic will be generated by these two developments. However, the planned internal street systems for the developments will provide internal circulation and accessibility to surrounding thoroughfares. The study suggests the abandonment of a section of North Graham Road to prohibit the movement of nonresidential traffic through the neighborhood. Staff agrees that this through movement should not necessarily be encouraged but there should be provisions for it to occur. This provision is made with the street system as it is designed and presented at this time. Through movements are possible to both Wellborn and Rock Prairie although not direct •routes. Similarly, the study also suggests the abandonment of a section of Arnold Road for the same reasons. With this abandonment staff recommends a connection between Schaffer and Victoria in Phase A-1 to provide for east-west movement. Generally the plan complies with the City's Thoroughfare Plan. The plan is generally compatible with surrounding land uses and zoning districts. The following are concerns on the part of staff relative to the City's Development Policies: (1) less than minimum depth of 400 feet for the proposed commercial districts located along the north side of Rock Prairie; and, (2) adjacency of commercial and single family land uses and buffering provisions. Staff recommends approval of the overall general plan concept. As the plan progresses to the master preliminary plat stage and zoning stage, all presubmission comments should be addressed as well as the depth of the commercial districts and the buffering concept. _ P&Z Minutes May 21, 1992 Page 4 Commissioner Hall expressed concern of the proposed zoning of the planand will vote against the plan. He questioned why C-B zoning was shown in areas that should be single family residential. He stated that he is opposed to placing commercial development along a street leading to two schools and a hospital. He added that no one would want to build next to the proposed oil well site. Sidewalks are needed in this area especially along streets with 60' of right of way. Vice Chairperson Colson explained that typically with a drilling operation in a residential area, there is some kind of screening provided. He questioned staff with regard to the detention areas. II Assistant to theCity Engineer En ineer Morgan stated that the site drains into approximately three different tributaries; thus multiple detention areas are required. Applicant Steve Arden approached the Commission and explained that there will be no access from Welsh primarily because they do not own the land. The developers are not asking the City to maintain detention areas, maintenance of these areas will be the responsibility of the homeowner's association. However, Parks Director Beachy has anticipated concerns by homeowners with regard to sidewalks and bikeways to access the two schools. The developers agree with staff that sidewalks should be provided to gain access to theschools; however, the point of disagreement is the proposed residential adjacent to commercial development. Intense commercial uses are not desired in this area; however, commercial developments such as the ones near Chimney Hill are desired. Mr. Arden stated that he preferred a 15' buffer area for parking and a 63' access way and privacy fence separating the commercial and residential areas. The developers are planning deed restrictions and separate ownership for maintaining the proposed landscaping. These deed restrictions will address uses, types of buildings, signage, etc. If an oil well is drilled, it will probably be located on the west side of Rock Prairie Road; more information will be available in four months. Commissioner Hawthorne stated that his only concern is the M-1 zoning located near R-1 single family zoning. He moved to recommend approval of the master development plan with the condition that City Council take into consideration the proposed M-1 zoning and its proximity to residential zoning. Perhaps conditions could be attached to the M-1 zoning so that it could be utilized by the University. Commissioner Mariott seconded the motion. Commissioner Hall stated that the proposed commercial zoning should be limited to the area along Wellborn Road. He suggested that the applicant review the plan and take into consideration the Commission's concerns and resubmit the plan. Vice Chairperson Colson stated that he is concerned with the lack of adequate width of Rock Prairie Road. The original motion to recommend approval with the condition that City Council consider the outlined zoning conflicts passed (4 - 1); Commissioner Hall voting in opposition to the motion. City Council Regular Meeting Page 3 Thursday, November 12, 1992 Agenda Item No. 3.16 - Ratification of change to annual microcomputer hardware contract, Bid #93-01. Councilman Kennady asked if the city is continuing to work with the county to facilitate similar computer hardware. Mr. Charlie Shear responded to Councilman Kennady's comment. He stated that each entity is moving forward in the same direction. Councilman Brown moved approval of the ratification of the change to microcomputer hardware contract, Bid #93-01. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Agenda Item No. 3.11 - Consideration of entering into a development agreement with Begonia Corporation for the development of a subdivision located west of Brandon Heights, Westchester Park, and Williams Court subdivisions. City Attorney Locke stated that Mr. Steve Arden presented a change to the lien document. She read the suggested change as follows: "Providing that if the owner makes early principle payments for partial releases such payments shall be credited against scheduled payments. In addition, under any circumstances, the maximum time period would be three years to pay total principle and interest amounts." Councilman Kennady supported the additional language if the City Attorney did not object. City Attorney Locke emphasized that any partial release liens would be considered by Council. Councilman Mcllhaney arrived at 7:05 p.m. Councilman Kennady made a motion to amend the development agreement, Exhibit C, last paragraph to insert the language stated above. Councilman Kennady restated this statement. Councilman Crouch seconded the motion. Development Services Director Ash requested the council refer this item back to the staff for further review and place back on the December 10th agenda. Mayor Ringer reminded the council of the points discussed yesterday and the consensus of the council to include particular items. Subsequently, the remaining item to be resolved is the lien document. Councilman Schneider made a nation to remand this issue back to staff to consider this suggested change and place on the December 10th agenda for Council consideration. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. Agenda Item No. 4 - A public hearing of the second reading of a franchise agreement with TAC Realty, Inc. Asst. City Attorney Neal Coates stated that one change was made to lower the insurance requirements for consistency with the nature of the franchise. City Council Regular Meeting Page 6 Thursday, December 10, 1992 F. Locate flares at least fifty feet from any trees. If trees are permanently damaged should be removed and disposed of. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 7 Consideration of an oil and gas operations permit application for Brazos Coal-Terry "C' #1, within the City of College Station's ETJ. Applicant Union Pacific Resources. Councilman Kennady moved approval of the oil and gas operations permit for Brazos Coal-Terry "C" #1. The motion was seconded by Councilman Brown which carried unanimously, 7-0. Agenda Item No. 8 A public hearing on the question of rezoning .57 acres from A P Administrative Professional to C-B Business Commercial. Property is located on the northwest corner of Spring Loop and University Drive (Lot 12, Block T, University Park). Applicant: Craig Browne for Gene Joyce. Owner TAC Realty. This item was withdrawn from the agenda. Agenda Item No. 9 - Consideration of an ordinance rezoning the property mentioned in the preceding item. This item was withdrawn from the agenda. Agenda Item No. 10 - A public hearing on the question of rezoning 0.43 acres located approximately 350' north of the intersection of Rio Grande and Rock Prairie Road from R-1 to R-4. Applicant W.D. Fitch. Planning and Zoning Commission recommended approval. Staff Planner Sabine Kuenzel presented slides of the property. She stated this rezoning request will match ownership lines of the existing R-4 tract located immediately to the south of the subject property. She noted that a use permit was approved for this site for a nursing home. Twenty calls were received with no opposition expressed. Staff recommended approval. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 11 - Consideration of an ordinance rezoning the above property. Councilman Brown moved approvalGrf eBlvd. noNo. 1992 rth of Rock Prairie Road.43 acres from R-1 to R-4 on the west side of Ri The motion was seconded by Councilman Schneider which carried unanimously, 7-0. i Agenda Item No. 12 - ReconsideVation of a development agreement with the Begonia Corporation for the development of a subdivision located west of Brandon Heights, Westchester Park and Williams Court subdivisions. Development Services Director Elrey Ash explained this item. Included in the council packet was the revised development agreement based upon council's direction at the last City Council Regular Meeting Page 7 Thursday, December 10, 1992 council meeting. He pointed out that two liens were attached to the development agreement for council consideration. Mr. Ash described the lien options. First, one lien allowed the developer to make prepayments on the balance, yet the developer must continue to make the scheduled payments toward the regular payments of the lien. The second lien allowed the developer to make prepayments and excused the regularly scheduled payments until such time as the amount of prepayment is equivalent to the ' note payments. Asst. City Attorney Nemcik pointed out one clerical error in the agreement. She added that the staff made the recommendation of lien option no. 1 based on the work involved by the Finance Department to calculate the loan balance if the developer did not make regular payments. Mr. Arden clarified that the developer does not intend to excuse payments, rather he would ask that partial release payments be credited toward a payment. He strongly' urged the council to consider the second lien option. He appreciated the council's support and helpfulness. Councilman Crouch moved approval of the development agreement with Exhibit•C as. lien option 2. The motion was seconded by Councilman Brown which carried unanimously, 7-0. Agenda Item No. 13 - Consideration of a final plat for Edelweiss Estates Phase 1. Applicant: Begonia Corporation. Planning and Zoning Commission recommended approvalgh� a variance to the sidewalk requirements for a portion of sidewalk along NotCouncilman Brown moved approval of the final plat for Edelweiss Estates Phase I with the variance to the sidewalk requirements for a portion of a sidewalk along Nottingham. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. Agenda Item No. 14 - Consideration of a resolution authorizing the Mayor to execute a contract for the purchase of 10.41 acres in the Wolf Pen Creek Corridor. City Attorney Locke explained that this property is located adjacent to the Wolf Pen Creek amphitheater. She indicated that the paving assessment against the property will be a credit for the city toward the purchase price. The purchase price is $349,849. Councilman Schneider moved approval of the resolution authorizing the Mayor to execute a contract for the purchase of 10.41 acres in the Wolf Pen Creek Corridor. The motion was seconded by Cocilman Gardner which carried by a vote of 5-2. FOR: Mayor Ringer, Councilmembers Schneider, Gardner, Mcllhaney, Crouch AGAINST: Councilmembers Brown and Kennady Agenda Item No. 15 - Hear Visitors. No one spoke.