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City of College Station.
POST OFFICE BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840-2499
M E M 0 RAN DUM
TO:
Jim Callaway, Assistant Director
FROM:
Conditional Approval
DATE:
RE:
This requires ~.~...,.~;~~i~~~.t:ion of the difference between CQJa00i
tract zoning whic~:e~.~~flPl"egal and conditional zoning whi.?~i~ii~~13i~~$ijiY'
legal. Contrac~~:~~~t!\Ig canPc.~1ji!~I~I(i)I~~'8~ by evaluating thEif~!~~~.ai-
tion to be pl~~'.~~.7 th~fj~r~'1~~~..!.t!~i~mission and.!~i~i!I~~':f~buncil
must avoid ?,~~'I;~,~in~tf'~~~f!~I~'I.,lI!~i"eA?_'~:. and sur;~~~.,ffing
power to m~;~!~='~i~~;u r e~!..,~~~\cJl'.IIIl_;'~~'~I;f~f th e s e.,~~~~i~r ad i -
tionally 9t~~~!!I!'S tJlae"~~'!~7~~~ o'f<'c~tf~~:~~!Q.2:<1.;ing .4:.';~~~,~e: v.
the devell! m~~t t;;~.~.~~iq;1!~~~ers'i.jl~f;~~~'?tl:~,per..~:lt~~ prohibi t
trafolsfer;;e;.; .~vel \..... ....,.~.gi?5'_1...,~;e~r~~1l~~~:=?t~hat,}~'~~PUD .
proJect,~~:.; .....~ mgn~~I!~I~~I'ltspec~~,;~;~~f'l~~~1~ther .'~~~~ trad1-
~ional z;;..;,;i;~;~:}Cl~il~~~~;~~~~~~~~~~'. Th~~~'..~..~~T~~;~~;~v.,~j St;;~~~,gs Street
1S a casEi?:':~~;",;~ond;:~;~:~<;>mIJ~~~~~!~. ~mIl'~?;;~~~rliltreIP~~t t1p~~i~!~he steet
be . ext~n~;~ ',.ar bl;~1!!!;~;aS';;!~liJ~~'WOf~.'~.ii;'lffat},~.1Ind il~~1il!-'" upon
Wh10~ ~o~"'~I,,tell~,i~~.~?n1liJlli .AIIj!t1o:~~~~II~illtesa!~~,~.I;ijlS the ,
~:n~~:1~:;1~~tlli
By requi:.,' .;:;~;heeBili!l~. ";~~. of,~,(~~jeet~~,~.~~te a " change
condition" f~r";~;:~;~~~zonin~;f'~O obll!~'ijlt'i:on a..~'~".. the part of
~~: ~~~~ l;:e: ~ te'ri.l;i'llll~;:~!:t~ The !!::~t4Ii'lf"pma ins that of
S.W.2d701 (Tex. Civ. App.
City of Farmers Branch v. Hawnco, Inc., 435 S.W.2d 288 (Tex.
Civ. App. 1968 refld n.r.e.).
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MEMORANDUM TO Jim Callaway
January 28, 1986
Page Two
Teer v. Duddleston, withdrawn Op1nl.On of July 20, 1983 (Subs,ti-
tuted opinion turns on technicality of summary judgment).
CL:ba
MEMORANDUM
To: Cathy
From: Jim Callaway, Assistant Director
Subject: Rezoning Case #85-101
At tached.. please find a copy of the rezoning application for the
above referenced case. This item was considered by the Planning
and Zoning Commission on January 16, 1986.
The applicant in this request refers to apropose.d extension of
Stallings Drive through the subject tract to Holleman Drive, the
creation of attcornerttsui table for commercialdevelopDlent tand
increased access to this area by the upgrading afHalIeman to a
commercial street as supporting information. The planning staff
has no opposition to this request. We suggested that the
Commission might consider making any approval of this request
contingent on the extension of Stallings Drive to Holleman.
At the January 16, 1986,hearing of this request before the
Commission amotion was Blade and seconded to rec::ommendapproval
of this request without any reference to Stallings Drive. The
applicant then addressed the Commission and stated that he
favored the contingency suggested by staff. The Jlotionto
approvewaswithdraWD, 8 motion to approve contingent on the
Stall ingse.xtens ion was approved by the COIDmiss ion.
The Commission and Councilman Tongco,Council liaison to the
Commission, have request~d that you review this action prior to
Council con~ideration of the request. Some members of the
Commission are concerned that the requirement to extend
Stallings Drive asaprerequisite to a zone change may in some
way obligate the City to participate in the cost of the street
extension.
Please advise me of your opinion on this matter. Wewillbegin
preparing the Council materials on this request on January 28.
December 3, 1985
TO WHOM IT MAY CONCERN:
James E. Jett will be acting as my agent in the request for a change
of zoning from A-P to C-1 for the two tracts of land located on Harvey
Road (7.11 acres and 3.72 acres) in College Station, Texas.
Thank you for your he p in this matter. If you have any questions,
please feel free to g ve me a call.
Sincerely,
R. T. MAYFIELD COMPANIES
#:~
R. T. Mayfield
President
RTM:jdc
P.O. BOX 26247, AUSTIN, TEXAS 78755-0247, (512) 345-1166
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Req.uest:
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