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DEVELOPMENT AGREEMENT
OF TEXAS
JeannaC.Fiske,is a veterinarian durrently
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the city limits of the City of, Co~l~ge Station,
Fiske has entered into a contract to purchase a
portion of the Winslow property on Graham Road de,scribed in the
attached Exhibit A. Said property is temporar,.ily zoned A-O based
on its annexation in, 1983,
WHEREAS, the Planning staff has reviewed"""'the zoning of the
property and 'feels that a C-l orC-2 zoning classification would
conform with the land use plan for the Ci;ty of College Station
and that the staff could make such arecqmmendation for rezoning
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the City of College Station City Council;
WHEREAS, the Zoning Board of Adjustment is au~horized to
hear a request for a special exception authorizing the substitu-
tian of one non-conforming use for another;
WHEREAS , the staff does not want to slow ,Dr ..F iske 's use of
the property during the period of time which it takes the prop-
erty to be rezoned or appecialexceptionto be approved; and
WHEREAS, the Zo.ning Official is authorized by the case of
Fuentes v.City of Kingsville, 616S.W.2d 679 (Tex~ Civ. App. -
Corpus Christi, 1981) to temporarily authorize the use of the
property subject to subsequent approval on the rezoning of the
property.
NOW, THEREFORE, PREMISES CONSIDERED, the parties agree as
follows:
1. Dr. Fiske can and is allowed to utilize the property for
a veterinary office during the pendency of an application for
rezonin,g of the property, oranapplica.tion for a special excep-
tion authorizing the substitution of one non-conforming use for
another.
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2. Only one application for rezoning and/or special excep-
tion will be authorized during this temporary period. Dr. Fiske
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will follow with a proper arid complete application for rezoning
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and/or special exception on or before February' 1, 1986. The
application for rezoning shall be heard by the Planning and
Zoning Commission, which body shall make a recommendation to the
City Council. In the event that the City Coun,cil approves the
application for rezoning, this agreement shall no longer be in
effect. The application for special exception shall be heard by
the Zoning Board of Adjustment. In the event that the Zoning
Board of Adjustment approves the application for a special
exception, thisagreernent shall no longer be in effect. In the
event that the applicat10n for rezoning and/or special exception
is denied, Dr. Fiske shall cease all veterinary activity on the
premises within five (5) days.
3. In the event that Dr. Fiske does not cease veterinary
activities, this agreement along with a certified copy of the
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minutes of the City Council meeting in which the application for
rezoning is denied, shall be sufficient evidence and confession
of judgment at an injunction hearing.
4. In the event that Dr. Fiske does not cease all activi-
ties within five (5) days of a denial of a application for rezon-
ing by the City Council, Dr. Fiske hereby recognizes and under-
stands that for each da~ in which the premises are utilized for a
veterinary office, she shall be subject to a criminal penalty' not
to exceed Two Hundred Dollars ($200.00).
ClvL day Of~(JZ.-.'L~
SIGNED this the
, 1986.
CITY OF COLLEGE STATION
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My Commiss ion Expires: O(/J/Of/f 1
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DR. JEA NA C.FISKE
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