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HomeMy WebLinkAboutMinutes~~ ® Consent Item Statutory Item Item Submitted Bv: Jane Kee Citv Planner - For Council Meeting Of: r 1 9 6 ®irector Approval: - City Manager Approval: - Ends Statements !Strategic Issues: Employment/Prosperity; Strategic Issue # 7- Marketing Strategy to recruit business to improve retail development. Item: Consider entering into a development agreement with Latour Investments and SCC Development, Ltd. Item Summary: In May of 1995, Council approved a preliminary plat of the Latour Subdivision with the condition that a development agreement be brought back to Council outlining what the City would gain in return for certain deferrals being requested by the developer. Subsequently an agreement w<~s approved by Council, however, it was never executed by the applicant as the pending sale had fallen through. This is a new agreement because a new buyer is interested in the property. The Latour property is a 12.23 acre tract being divided for sale and development of the front 4.339 acres along Harvey Road. The 72.23 tract being divided (Latour Investments tract located at Harvey Road and Kyle S.) is Currently involved in bankruptcy proceedings, The agreement outlines the responsibilities of the seller (Latour), the buyer of the 4.339 acre lot(SCC Development, Ltd.) and the City, The development agreement is proposed to address several development requirements and property dedication issues. This development agreement is similar to the one previously approved by Council forthis tract. In general the following are addressed: Wolf Pen Creek dedication, partial Kyle Street R®W dedication, access easements, time of accrued tax payment, bankruptcy court order or reorganization plan verification, limit against future Kyle Street assessments, allocation of Kyle Street grade study (for future street) cysts and the typical legal protections for the City. More specifically, the developer is asking to (1) defer the construction of a 12" waterline, (2) defer the submission of impact studies until the final plat, (3) defer the payment of back taxes until the sale of Lot 1, (4) pay only a part of the administrative costs for preparation of this development agreement, and (5) be relieved of any assessment for design and construction of Kyle where the right-of--way is being dedicated with this plat. In exchange the City is gaining (1) a monetary guarantee for the waterline design and construction, (2) the actual Kyle St. right-of- way through the future reserve tract, (3) the WPC dedication, (4) an access easement to the WPC dedication area for maintenance and (5) an access easement granted to Austaco so that a future relocation of the Taco Bell curb-cut to a safer location may be possible. Further, the City is gaining (6) a guarantee that future acquisition of the Kyle right-of--way through Lot 1 will not include the cost of any improvements thereon (Developer of Lot 1 intends to build the entrance: drive in the future Kyle right-of way to the City's current street specs. This insures City will not have to pay for these improvements when acquiring the right-of-way.), (7) receipt of 1 /2 the co:~ts of document preparation and (8) participation in an engineering study to determine grades for Kyle extension across the creek through the WPC area. This participation is proposed to be City 50%, SCC 25% and Lacour 25%. In the event that the sale does not occur within 150 days the agreement is void. Financial Summary: The agreement requires that Latour pay one-half of the administrative costs of the agreement up to $2,500, that cost being $1,540.50. The agreement also provides that the accrued taxes, $328,210.88 in total, $60,071.60 to the City of College Station, be paid out of the proceeds of the sale of lot one. Staff Recommendation: Staff recommends approval. City Attorney Recommendation: Approved as to form. Council Action Desired: Approval of the agreement. Supporting Materials: 1. Agreement with cover letter dated February 23, 1996. fr70RKSHOP CITY COUNCIL MEETIPdG WEDI3ESDAY, FEBRUARY 22, 1984 PAGE 3 Councilman Runnels, Chairman of the Capital Improvements Council Committee, reported that the committee met on Monday, February 13, 1984. Director of Capital Improvements Ash presented a summary of the results of the meeting. I3e explained the proposed traffic control devices displayed on the map. He stated that the main complaint about the proposed. plan concerns the median on Highway 30 at Kyle South. Councilman Anderson asked what purpose the median will serve. Director of Capital Improvements Ash stated that the median will provide storage for left hand traffic turning onto Kyle South. He furthE~r stated that the movement .from Kyle South into Taco Bell will be prohibited. . Councilman Prause arrived at the meeting. Councilman ReinY.e suggested the possibility of switching the entrance and exit of the Taco Bell on Highway 30. Councilman Anderson suggested eliminating the median to see what effect the light will have at that intersection. Councilman Boughton suggested that the plan be submitted to the State Highway Department as designed. She stated that it will take several months before it will be approved and ready for implementation, <~nd at that time the Council can review the traffic control device to determine if the median at Highway 30 and Kyle South is necessary. Councilman tgcIlhaney requested that the median on Highway 30 at l~Cyle South be listed as an alternate on the plan submitted to the State Highway Department. Councilman Boughton moved to submit the plan as designed, with tlhe median on Highway 30 at the intersection of Kyle South designated as an alternate, and delay the construction of the median until the effects of the traffic signal at that intersection are determined. Councilman Anderson seconded the motion. In response to Councilman Reinke°s suggestion to switch the entrance and exit of the Taco Bell, City Manager Bardell pointed out curb cut policies concerning the distance for entries from major intersections. The motion was approved unanimously, 7-0. Agenda Item No. 3 - Discussion of location and funding for .Chamber offices. Louis M. Newman, President of the Chamber of Commerce, stated his appreciation for this opportunity to speak to the Council. He summarized the events that have transpired to this point and explained that the 0~i4~~4 OX Regular Item Consent Item _____ Statutory Item Item Submitted By: For Council Meeting Of: Director Approval: Jane R. Kee, City Planner _ May 11, 1995 _ Executive Member Approval: _ Ends Statements /Strategic Issues: Transportation/Mobility -Citizens benefit from the ability to move into, out of, and within College Station in a safe and efficient manner. Parks & Recreation -Citizens benefit from parks space and recreational activities which are geographically and demographically accessible and serve a diversity of interests. Health & Public Safety -Citizens benefit from a reasonably safe and secure environment. Education/Information -Citizens benefit from access to broad based information and knowledge. Quality Service -Citizens benefit from a reasonable tax revenue for the value and quality of service delivered. Cultural Arts -Citizens benefit from participation in the arts. Employment/Prosperity -Citizens benefit from an environment that is conducive to providing diverse employment opportunities. Civic Pride -Citizens benefit from well planned, attractive residential and commercial areas. Item: Consideration of a Final Plat and Related Development Agreement for Lot 1 of the Lacour Subdivision, a 4.339 acre lot located along SH 30 east and adjacent to the existing Taco Bell and approximately 1050 feet east of the intersection of SH 30 and Texas Ave. City. Council Regular Meeting Page 3 Thursday, May 11, 1995 The consent items were approved by common consent with the exception of C-10. REGULAR AGENDA R-11 Consideration of a Final Plat and Related Development Agreement for Lot 1 of the Lacour Subdivision, a 4:339 acre lot Located along SH 30-east and adjacent to the;existing Taco BeII and approximately 1050 feet east of the intersirction of SH 30.and Texas Avenue. City Planner Jane Kee described the Final Plat and Related Development. Agreement: ~~ An overhead of-the location. map-.was. displayed. 'Mayor Ringer opened the meeting for comments. Mr. James C. Noonan of Houston addressed the council.- Mr: Noonan stated that he is the owner of the Noonan eight-acre tract and is currently in the process of selling the property to First. Worthing Company. If the City extends Kyle through the. property this would reduce the tract of land by 0.55 acres and not suitable for this project. Mr. Noonan .requested the City Council delay their consideration on the Lacour plat wuth the Kyle Street extension until property owners can meet and discuss this matter with the -City of College Station. Mr. George Ball, 3355 Golden Trail, addressed the Council. He stated that the First Worthing Company is ready to come forward with' a plat and continue with this project. Mr. Ball suggested the city divide the right-of-way among the four property owners in equal proportions: Mr. -Ball. questioned the width of the 70 ft. right-of-way. Mr. Ball requested the City Council delay their consideration on the. dedicated right-of-way. Mr. Phil Callahan, of 8706 Appomattox and realtor representing First Worthing Company, addressed the Council. The company's intent is the development of a high quality. apartment complex. Mr. Callahan requested.. the City. Council table this itenn to allow the city staff to work on the development agreement and to continue working with the adjacent property owners. Mr. Greg Taggart, 1218 Berkeley, addressed the Council Mr. Taggart of Municipal Development Group, represented Lacour Investments. Mr. Taggart suggested deleting the Kyle Street extension. Lacour Investments directed Mr. Taggart to agree with the City recommendations; therefore, this would allow the' Lacour Investments to close. Due to time constraints, Mr. Taggart urged the City Council to approve the plat as submitted along with the recommendation of the city staff. ~,, .. City Council Regular Meeting page 4 Thursday, May 11, 1995 Following brief discussion, Councilman Hickson .moved approval of the final plat and development agreement, with staff recommendation. Councilman Fox seconded i:he motion:... Councilman Crouch amended the motion to allow a replat to show a different alignment that would move the right-of-way and waive: the fees for submitting a replat. The amended motion passed unanimously.- - ,~ Mr. Row, 6481 Waterway, suggested modifying the plat to illustrate the curve westward. Therefore, the Noonan track would retain more of its acreage. . Mayor Ringer- stated that the city cannot plat part of the street on a single plat.. Interim City Manager Brymer suggested entering into a development. agreement with the Latour Investments and :Noonan Estate to address the realignment of Kyle Street to the west. Ms. Kee stated thaf a development agreement is a contract and the city is in a po;>ition to negotiate. As long as the development agreement is-tied to the final plat, Latour Inv. cannot file the final plat and sell Lot 1. If this is negotiated,. then the property owners to the west will have an interest in the Latour developmenf. This could delay the process by :Latour. The original. motion as amended passed unanimously.. 1R-2) Approval of the Carter Lake Acres subdivision Preliminary Plat in the City's ETJ, Case No. 95-307 Project Engineer Brett McCully presented this item to the Council. After discussion by Council, property owner Burt Munro asked why a private road (Harris) is being upgraded at the owners expense. Mr. McCully replied this is due to the accessibility from Harris and Bradley Road. Also, in question were county maintenance and future dedication. Included in the plat is the dedication. Councilman Hickson moved approval of the preliminary plat without staff recommendations regarding road improvements. Motion seconded by Councilman Mariott which carried unanimously. Chairman Hawthorne opened the public hearing Project Engineer Mike McClure of McClure Engineering approached the Commission and :>tated that the applicant could not be at the Commission meeting; however, there is a letter from Mr. Munro in the packet concerning the preliminary plat.. Mr. McClure offered to answer any questions pertaining to the proposed rezoning request or preliminary plat. Chairman Hawthorne closed the public hearing. Mr. Gribou moved to recommend approval of the rezoning request of approximately 2.315 acres within the E.T.J. Carter Lake Acres Subdivision, located generally at the northwest corner of the Rock Prairie Road and Bradley Road intersection, from A-O Agriculture-Open to R-1 Single Family Residential. (95-108) AGENDA ITEM N0.3: Consideration of a preliminary E.T.J. plat for the Carter Lake Acres subdivision. (95-307) Assistant City Engineer Morgan presented the staff report and recommended approval of the preliminary plat with the condition that Harris and Bradley Roads be upgraded, the additional right-of--way along Rock Prairie Road be dedicated with the final plat and with the remaining comments as outlined in the Presubmission Conference Report. Carter Lake Acres is an :E.T.J. subdivision located at the northwest corner of the Rock Prairie Road and Bradley Road intersection. Due to the fact that these lots take their sole access from Harris Road and Bradley Road, staff recommended that these existing streets be brought up to County rural road standdards. The Subdivision Regulations state within the Special Conditions in Area of Extraterritorial Jurisdiction that, "Streets...does not require a curb and gutter, but requires all-weather, gravel or crushed stone base, road surface with not less than a two course inverted penetration asphalt surface." This description would meet the County rural standards. Both roads as existing cio not meet these standards. Commissioner Hall questioned staff concerning annexing the entire Carter Lake Acres subdivision into .the city limits. City Planner Kee informed the Commission that the subject property is not included in the 1995 potential annexation area. She stated that the Commission may see other cases similar to this one because of the annexation along the center line of Rock Praine Road. There is a current policy that if those lots outside the city limits wanted city services, they would have to petition for annexation prior to getting those services. City Planner Kee stated that City Council could give staff policy direction in dealing with cases such as the Carter Lake Acres subdivision. Commissioner Hall stated that if a developer wants to develop property for profit, they :>hould take the time to annex that property into the city limits so that services can be provided to those lots. The .proposed subdivision allows city services to one lot and no city services Ito the remaining lots. Commissioner Garner moved to recommend approval of the preliminary plat of the Cartel- Lake Acres E.T.J. subdivision with staff recommendations. Commissioner Lane seconded the motion which passed (6 - 1); Commissioner Hall voted in opposition to the motion. AGENDA ITEM NO. 4: Consideration of a final plat for the Lacour Subdivision in the Wolf Pen Creek zoning district. (95-206) City Planner Kee presented the staff report and recommended approval of the final plat with the following conditions of the plat and development agreement: P&Z Minutes April 20, 1995 Page 2 of 6 The applicant is asking: (1) To defer the design and construction of a 12" water line. (2) To defer the submission of impact studies addressing the reserve tract until-it final plats. . (3) To defer the payment of back taxes on the property until the final plat is filed and the sale can occur. (4} To defer the design and construction of a sidewalk along Highway 30 until the site plan is submitted for the lot being final platted. (5) To pay only part of the City's administrative costs for the preparation of this development agreement. (6) City shall not make any future assessments against the developer for design c,r construction of Kyle Street where the right-of--way is being dedicated. In consideration for these items staff recommends that the following be accomplished.• (1) Developer shall design and construct a 12" water line within 12 months of the date of the agreement. (2) The Kyle Street right-of--way through the Wolf Pen Creek dedication and the reserve tract shall be dedicated with this final plat. (3) An access easement shall be granted to Taco Bell with this final plat and their easternmost curb opening closed within thirty days of the Certificate of Occupancy fir the buyer of the lot being final platted. (4) An access easement shall be granted with this final plat giving access to the Wolf Pen Creek dedication area. (5) When the City purchases right-of--way through the lot that is being platted now and constructs Kyle Street through the entirety of the property, the City reserves the right to assess the lot currently being platted for improvements. (6) Developer pays 50% of the administrative costs of this agreement up to $2,500. City Planner Kee stated that the Wolf Pen Creek dedication on lot I will be dedicated with the site plan for that lot. The access easement for the adjacent Taco Bell site may need to be adjusted at the time of site plan review and staff would suggest that this adjustment not be required to come back before the Commission and City Council. If the sale of lot I does not occur within ninety days of the development agreement, the agreement expires. Representative of the applicant Greg Taggart with the Municipal Development Group approached the Commission and stated that the back taxes on the property will be paid upon the sale of lot 1. He urged the Commission to take into consideration that Taco Bell is a third party to this agreement and if they do not sign the agreement, the owner of the subject property cannot plat the property in order to sell lot 1. City Planner Kee stated that the applicant approached staff asking for deferments of ordinance requirements and staff began negotiating items that were in the best interest of the City. Closing the existing Taco Bell driveway will improve the safety of that intersection. P&Z Minutes April 20, 1995 Page 3 of 6 Commissioner Lightfoot stated that if the developer and the owner are interested in developing the property, then they will work together to get Taco Bell to sign the agreement. It is not the responsibility of the City. Commissioner Lightfoot moved to recommend approval of the; final plat with all staff recommendations. Commissioner Garner seconded the motion which passed unopposed (7 - 0). AGENDA ITEM NO. S: Public hearing to Ordinance (Ordinance No. 1638) pertaining structures other than single family. (95-802) consider an amendment ~ to the Zoning to parking requirements for residential Senior Planner Kuenzel presented the proposed ordinance amendment recommendations. At a recent meeting of the City Council, staff was directed to prepare an ordinance amendment relating to multi-family parking requirements. Specifically, Council is concerned with the parking problems and appearance problems associated with multi-family development. The amendment draft that is currently being prepared by out legal staff will do the following: (1) Require 2 parking spaces for each 1 bedroom duplex unit. (2) Require 3 parking spaces for each 2 bedroom duplex unit. (3) Require 3.5 parking spaces for each 3 bedroom duplex unit. (4) Impose a green space percentage requirement to allow more flexibility for the placement of parking lots and limit the amount of concrete. (5) Require 250 points of landscaping per duplex unit and that these plantings consiist ofdrought-resistant species. (6) Require 1.5 spaces for each 1 bedroom apartment unit. (7) Require 2.5 spaces for each 2 bedroom apartment umt. (8) Require 3 spaces for each 3 bedroom apartment unit. Senior Planner Kuenzel stated that these changes and other possible solutions were discussed at a Focus Group meeting on April 5, 1995. This group was made up of builders, bankers, architects, engineers, apartment owners and managers and City staff. Several more complex issues we;re also discussed. However, most of these will be left for the Community Enhancement Study that is currently under way. That study headed by Dr. Charles Graham, will address additional parking and site requirements for duplexes and effects a change in the parking required for apartments. The study will be much more m depth than is possible at this time. Staff is therefore making the above recommendations to address the largest concerns and will forward suggestions to the parking subcommittee of the Community Enhancement Steering Committee on the more complex issues. That subcommittee will be made up of several of the people that were present, at the Focus Group meeting. The interim ordinance amendment will remain in place until the Community Enhancement Study is implemented. Commissioner Hall expressed concern with "grandfathering" existing duplexes in town. In order to be fair and equitable and achieve the City's goals, the City should look at the possibility of requiring existing duplexes to come into compliance with local codes and ordinances apt some point such as the sale of the property. As College Station continues to grow, there will be duplexes that meet our ordinances and duplexes that become further and further out of compliance. At a minimum, the existing duplexes should be required to meet the landscaping requirement. P&Z Minutes April 20, 1995 Page 4 of 6 PRESUBMISSION CONFERENCE REPORT Apri17, 1995 TO: Greg Taggart, Municipal Development Group 203 Holleman Drive East, College Station, TX 77840 Lacour Investments, c/o Louisiana Treated Lumber 2401 Fountainview, Suite lOQQ, Houston, TX 77057 FROM: Project ReviewCommLttee~ ~; Jane Kee, City Planned` . Veronica Morgan; Assistant City Engineer Winnie Garner, P & Z ,Representative Others Attending ~U~°'' Natalie Thomas, Planning Technician Shirley Volk, Development Coordinator David Moore, Building Official Don Lusk, Electrical Line Designer Ray Crow, Assistant County Engineer Laverne Akin, G.T.E. Representative SUBJECT: Final Plat -Lacour Subdivision; proposed plat of 4.339 acres divided into two lots in the Wolf Pen Creek District located approximately 1050' east of the; Texas Avenue and Highway 30 intersection along the south side of Highway 30 just east of the existing Taco Bell restaurant. (95-205) A Presubmission Conference Meeting was held Wednesday, April 5, 1995 to discuss the; above mentioned final plat. The following is a list of ordinance requirements identified by the Presubmission Conference. This list does not relieve the applicant of total compliance with all current ordinance requirements. Ordinance Requirements: _ Include the Wolf Pen Creek dedication on the final plat and note the acreage for that entire dedication and the remaining acreage of the reserve tract. (Include the dedicatory verbiage that was used on the Southcreek Phase One final plat.) _ Show the proposed access easement to be shared with the adjacent Taco Bell development. The access easement should line up with the existing drive on the Taco Bell site that runs parallel to State Highway 30. Remove the acreage notation from the proposed Kyle Street "70' right-of--way" dedication. Remove the. note pertaining to public infrastructure on the plat. PRC Report Lacour Subdivision Case #95-205 Page 2 of 2 Comments/Concerns: _ The development agreement must be executed prior to the final plat being filed for record with the Brazos County Clerk's office. _ The proposed private access drive must be extended to the Wolf Pen Creek dedication area to provide access to that property as part of the site plan. The City will install removable bollards or gates. _ An overhead utility pole with a transformer bank affixed on it at the northwest corner of the development looks like it will need to be relocated. The developer is responsible for 100% of the relocation cost. Conduit will need to be installed in the development to the building on lot 1 as well as to Taco Bell. The developer is also responsible for 20%~ of the total job cost for electrical service. Coordinate service details with Electrical Line Designer Don Lusk at (409) 764-3660. _ If any development occurs that requires telephone service for this phase, easements will be required or the developer/owner will be required to provide and place conduit to the Harvey Road right-of--way. Coordinate details with G.T.E. Representative Laverne Akin at (409) 821-4723. SUBMIT 15 COPIES OF THE REVISED FINAL PLAT BY THURSDAY, APRII., 13, 1995 TO BE INCLUDED IN THE PLANNING AND ZONING COMMISSION PACKETS FO]'~ THE MEETING OF THURSDAY, APRIL 20, 1995. THE CITY COUNCIL WILL CONSIDER THE PLAT ON THURSDAY, MAY 11, 1995. BOTH MEETINGS WILL BE HELD IN THE CITY HALL TRAINING ROOM AT 1101 TEXAS AVENUE AT 7:00 P.M.