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HomeMy WebLinkAboutMiscellaneous`~ CITY OF COLLEGE STATIOI`I ,~ Planning Division //'~ L l~ ~ ~~ ~I ~Za~-~j~lr-- ~o~ G! 3 or ~~ : u ~ ~ ~ c~~..~ y t,~ if ~ 1~7~ ,~~ /° °~ ~ ~ ~. ~.~,~- -~ PLEASE DETACH STATEMENT BEFORE DEPOSITING CHECK 05/07/96 13:8 $~09 776 6239 BRUCHEZ & GOSS ~~-~ DEVELOFIIIENT SVCS i31tUCi~iLT, GOBS, "1'l~lUltN'l~ON, MII2ONOrP', 1UiICi~1CL & I IAV~I'i IORN1/, P.C. 4342 Carter Creek I'arkw~ry, Suite ]OZ Bryan, Tcx~rS 77802 (409) 77G-2244 GONi; Iljt; 'I'IA~~.Nt) 1'KIYIt.,lr,~l?I) llv~ lnh+rtrutk+n ~elainoJ Fn tliic t~imik ie p+evikRed efrl e+~efirtentu) Infe+rmslic+n inteerrc*r f+ir the ~r+ie ~ ~l fist acLlrtuce. rf the s~rrer of lhie farsimle ie TMi the ineenrkrt +rrir+irnl, rr the emi+r.~ee M scent rrsrw+nul+k rcx elelioerirt6 it t,o the Infen~ ~t+Kn4 y-;a are kr~ ootirred that anj dsses+inalion, diAn7+ulioel rr ~yins d lh's mnmunioaiirn 4 dridJt p,oh@+ited. 1f ~,u h~ teczi~td thk r+/1X rn emx, I+Icaee imeeediatet~ nt~iy the peraoe lived Uclo., aver ttlvre the ori~nsl r:.rsca~e In tht: oenerer at the addnst: Isre'd abo~. t~~,t~: •rt,: Corrrpirny Nrrrtit:: irrnm: Cornrnentsf Special instructions: °t'elecoPy Nirrrri~er Sending '1'0: ~LJ 'P Q Jr -rr4-~44G Return 't'e[t:copy Number: (4(?9) 776-(1239 'Total Nurrrber of t'ages: ~ {lnciuding this cavcr street) ~~ ile No.: 9~-lU70 [~ ool Shclittcl yrnt have any pmhiems receiving lire 'i'elec~i~y, Irlease tali the sending tarty at (409) 776-2244. j -- _ C .~--_ - ~ ~~ BRUCHEZ, DOSS, THORNTON, MEitONOFF, MICHEL & HAWTHORNS, P. C. 4342 Carter Creek Parkway, Suite I02 Bryan, Texas .77802 Telephone No. {409) :776.2244 CONFIDENTIAL AND~RTYILEGED The information contained in this facsimile is privileged and confYdential information intended for the sole use of the addressee. If the reader of this facsimile is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communica- tion is strictly prohibitedo If you have received this FAX in error, please immediately notify the person listed below, and return the original message to the sender at the address listed above. Date: May 6, 199b To: Philip C. Giovinco Joseph W. Gaynor Company Name: Brandywine Group Joseph W. Gaynor, P.A From: College Station, L.L.C. to Burton Creek Pub, Inc. Comments/Special Instructions: Dear Phil and Joe: Please find attached the documents that we discussed this morning. To satisfy the City, the attached language should be added to paragraph three of the Restrictive Covenants. Kindest regazd, Bill. Telecopy Number Sending To: (b10) 459-3581 (813) 791-7920 Return Telecopy Number: (409) 776-6239 Total Number of Pages: File No.: 5 (including this cover sheet) 96-107U:WST Should you have any problems receiving the Telecopy, please call the sending party at (409) 776-2244. 05/07/96 13:9 $~09 776 6239 BRUCHEZ & GOSS -~~~ DE~~ELOPMENT SVCS 1002 Notwithstanding the foregoing, by signature below Burton Creek far itself, its successors and assigns, acknowledges and agrees that, in the event College Station elects.. at any time to close the access point into the Shopping Center Parcel from Tract 2, (i) the said 7Cract 2 shall never have any access to Valley View Street except by way of the- curb cut existing on the Abutting Property; and {ii) Burton Creek shall never seek, request;or petition the City of College Station for any curb cut or access directly from Tract. 2 to' Valley View Street. MAY. 9.1996 3~i1PM JOSEPH W GAYNOR, PA JOSEPH W. GAYNOR, P.A. Attorney-at-Law 263711IcCormick Drive, Suite B Clearwater, FL 3Ab19 Joseph W. Gaynor, Esq. ~/9/S~ TELEFAX COVER SHEET TO: /Y~s /17ar~ ~Q~; S~~,r/~.,lc~ ~+ Jar.~l1~. ~' ,~,r~ l.a-~i4 FAX NO. ~-/U ~-~~ ~- 3~/S°~_ FROM: FYI !~ ~'A- .~ RE: N0. 165 P.li2 {813) bb9-9200 Fax (813) 791-7920 No. Of Pages; c~- COMMENTS; ~,R-s-~ ~~? N ~ ~~ ~r7 b~~c THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL CLIENT INFORMATION AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED HEREIN. IF THE READER OF THIS MESSAGE IS NOT TFIE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THL- INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA U.S. POSTAL SERVICE. THANK YOU. Confirmation Copy to follow by mail / not to follow MAY. 9.1996 ~~11PM JOSEPH W 6AYNOR, PA JOSEPH W. GAYNOR, P.A. Attortzey-at--Law 2637MrCortnick Drive, Suite B Clearwater, FL 34619 Joseph W. Gaynor, Esq. City of College Station P.O. Box 9960 1101 Tea-as Avenue Collage Station, TX 77842-9960 Attn: Veronica J.B. Morgan, Asst, Engineer RE: Brandywine Final Plat Dear Ms, lr/Iorgan: May 9,1996 N0. 165 P.2i2 (813} G69-9200 f'ax (8l3} 791-7920 VIA TELEFAX {409} 7b4-3496 Pursuant to paragraph 3 of your letter Qf May 1, 1996, this letter is to confirm that: A. Callege Station, L.L.C., the owner of the subjoct properly understands that it is responsible far 100% of the cost of the conduit and its installation and the amount of the conduit has no~v uicreased from 165 feet to 404 feet, as a result of the shift of the easement. B. College Station, L.L.C., further understands that it is responsiblE for twenty percent {20%) of the cost of wiring, which is installed by the City, again as a result of the length being increased from 165 feet to 444 feet. C. College Station, L.L.C., further understands that it will be required to pay the entire cost outlined in A and B above upon the first outparcol requesting electrical service and that College Station, L.L.C., will be allowed to split this cost among each outlot as it desires, Should you need any additional confirmation regarding Callege Station, L.L.C,'s understanding with respect to the relocation of the electrical easement, please do not hesitate to contact the undersigned. Very truly yours, COLLEGE STATION, L.L.C., an Alabama ]imitod liability company By: JWG/cw cc: Phillip C. Giovinco (via telefax) Bill Thornton, Esq. (via telefax 409/77G Jim Allen (via telefax 409/846-6300) Shirley Volk, Development Coordinator Jane Kee Kent Lana B dyws a Corporation, aD laware corporation, i Agent By: JOS . GA eneral Counsel From: Veronica Morgan To: City of College Station.City Hall(JKEE, KLAZA, NTH... Date: 5/2/96 9:11am Subject: Still Another Brandywine! Reply when i talked to bill thornton on monday evening he told me about the $5,000 letter of credit for electrical. that was the first i had heard of it. i was the one constantly talking to electrical about moving the easement and it was not mentioned during any conversation that i had with ray. i dont know how bill thornton got to talk to ray havens, i dont know if bill called ray or ray called bill. my bet is on bill called ray to find out requirements and then during that conversation a new requirement was added. anyway, when i talked to bill, i told him that i would try to fmd out what happened. i spent tuesday and Wednesday trying to get ray to fmd out where the. five thousand came from. anyway, it is now resolved, we aze not asking fora $5,000 l.c. for electrical. i wrote a letter yesterday to phil givenco and it was cc:d and faxed to everyone yesterday afternoon. that included bill thornton, jim allen, and Chris galindo. all should be resolved and again, it is in brandywines court to get all conditions taken caze of so we can file the plat. »> Shirley Volk 05/01/96 02:27pm »> Just talked to Bill Thornton (for Jane) about the access to Tract 2. He agree have the atty's in Houston (who aze preparing the covenants, etc.) add a pazagraph or sentence referring to Tract 2 never having access to a public r.o.w. except through Tract 2. He says that they thought they had taken care of access to tract 2 in pazagraph 1 which limits use of that tract to parking and a building which is attached to the existing building located on the abutting property or a single new structure built partially on Tract 2 and the abutting property... Also, he would like to have a copy of the letter regazding the easement requirements faxed to him, too, so he knows what's going on all the time. He also said that when the closing had been set for this week, nobody had looked at the contract because it give them until June to close! Alll of this for not much of anything! Anyway, maybe we'll get the problem we've recently had with Electric taken care of? CC: City of College Station.City Hall(JCallaway), From: Natalie Thomas To: snoe Date: 4/30/96 1:54pm Subject: Brandywine Replat Veronica and I have been working with Bill Thornton and Christian Galindo who are the local representatives of the owner. Last night after 5:00, Veronica spoke with Bill Thornton concerning the outstanding items that need to be taken care of before the plat is filed. Bill sent over. a copy of the covenants and restrictions this morning for our review. Earlier this morning Veronica and I spoke to Chris Galindo regarding the easement changes that need to be made to the plat: He said that he completed the necessary changes last week; however, the owner has told him not to turn in the plat to us until he says it's okay. Chris is going to call the owner today to remind him that he has still not turned in the revised drawing. Veronica and I have been working closely with these two over the past few weeks and the ball is still in Brandywine's court. Pll update you of any progress. CC: jkee, svolk, jcallaway, vmorgan t_, ;;~ ~ 4 c CITY OF COLLEGE STATIOI`I ~`r ~ ~~` Post office fox 9960 1101 Texas Avenue "~_ ~' "~ College Station, Texas 77842-9960 (409) 764-3500 Phil Giovinco College Station Partners c/o Brandywine Corp. Brandywine 1 Building, Suite 300 Chadds Fords Business Campus Chadds Ford, PA 19317 RE: BRA1vI)~'WINE FINAL PLAT Dear Mr. Giovinco: May 1, 1996 In order to fulfill your obligations under. the Subdivision Regulations and the request made to change the electrical easement location after the plat had been approved by Council, the following needs to be accomplished to file the plat. Submit a letter of credit or other acceptable instrument (as outlined in the Subdivision Regulations) for the water and sanitary sewer improvements associated with the plat. AcGOrding to the engineer's estimate on this project, these improvements will cost $17,175, which is also the amount of the guarantee. 2: We have read the covenants and restrictions that Bill Thornton submitted yesterdayo We are concerned that Lot. 2 in Brandywine may potentially lose it's access through the abutting property. If this happens, and all other access is cut offbetween Lot 2 and the remaining lots in Brandywine, Lot 2 may be placed in a position where they would request an additional curb cut on Valley View. This is contrary to what the Council approved with regard to cross access. 3. With regard to the relocation of the electrical easement. Staff requested that Brandywine submit a letter of understanding which contains the following: a. Brandywine understands that they aie responsible for 100% of the cost of the conduit and it's installation and. the am®unt of conduit is now increased from 165' to 404', as a result of the shift. in easement. b. Brandywine understands that they are responsible for 20°/® of the cost of wiring, which is installed by the City, again whose. length has increased from 165' to 404' . o:\group\deve_ser\v\brandy.doc fame csf 'ryas A~1~ Ci~iversity c. Brandywine understands that the first out-parcel to request electrical service will be required to pay the entire cost outlined in a. and b. above. Brandywine may split this cost among each lot as they desire. 4. The original mylar needs to reflect the changed electrical easement location as shown on the attached drawing. Once all these have been accomplished, please submit the original mylar to the City for signatures and filing. If you have any questions, please do not hesitate to call. Sincerely, (/~~ ~ ~~~~~~ cam- Veronica JB Morgan Assistant City Engineer attachments cc: Chris Galindo, Galindo Engineers Bill Thornton Jim Allen Shirley Volk, Development Coordinator Jane Kee, City. Planner Kent Laza, City Engineer file o:\group\deve_ser\v\brandy.doc ....'lfTl~v ~_ V ca! ~ I co \ ~~~ '- ~r, ,~ ~ ~ ~ ~ ~\ ~ ~ ~ ''~'' ~ L ~.~ ~_ ~ ~ e ( / +~ J ,~v ~~-a sr ~ t .~_ ~~ ~ / ~ ~ ~ a c _~. ® ~ J ~ 2 o ~. Q r `\ 2 '~ fU -- s. Z o ~.° '' • nJ ,, ~--~ o IO • x e 1, ~ S ~ c c'3. o I 4. q ,, -~ v ~ \ ~ ~~-~ r~ ~^ ~ 1 ~ _ ~ ~ ~, ~ .. Gig' ~ ~ ~ ~~ z ~ \ °~ ` ~ ~ .tom t~A) ~~ `~~. `- ~ ~. ,~ ~ ~ ~ W Q,, ®_ v ~ ~ ~, ~ ~ s ~~ ~ _ / / _ ~j ~ ~- ~ '~S 25 _ __.. _ ~ s 1 r e~~~ _ - - - ~ ~ c, ~ ^~ -- s - t ,~~ °G ` S 0 G~ ~~ ~ 3 ~' ~, ~ cz~ ~; ~ ~ ~~ ~~ ~~~~~~ o~ ~aa~~~o~~a~ ~ 1NE ARE SENDING YOU ~ Attached ^ Under separate cover via ^ Shop drawings ^ Prints ~ Plans ^ Copy of letter ^ Change order ^ DATE pS, JOB NO. ATTENTION RE: the following .items: ^ Samples ^ Specifications ^ Resubmit copies for approval ^ submit copies for distril,ution ^ Return corrected prints REMARKS ^ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: AUG- 17-95 THU 16 :35 GAL I NDO ENG I NEEF'S .,..Y=: y~468S68 .,_ P ° O 1 ~ALINI30 ~'~~l~~~xs ~ ~r~ .~~A ~~~~s 3833 South Texas Ave., Suite 280 6ryan, Texas 77802 (a09} 8a6.8868 FAX TRANSMITTAL LE'T`TER GEP Pro3ect: ~-'9~ Date: ~}CtG~ /7/ j99,~ ~'o : 5~4 S lice kt/,E'N z,E~ fi;4 X 7~~--.3•¢9.6 . FROM: Cfj~/~ GAS //1l.DD NUMBER OF PAGES : 7~/y ~L GIS 7'~D COMMENTS : ,K-if~f~4RT 9j ~ ~~-,~k/.~~ ~~a~ ys~~ cc : alt ~ Kam" `V 1G 5 ~N ,4 ~r. cH ~ 7-E-c T oNE` 7`U~'Fi~i4 , ~~itjS~S s4UG-17-~5 TI-IU 16:35 GALINDO ENGINEEPS ..~-.,~~~46856$ P.O~ ~ ~~ ~ TOTAL PARKING SPACE3~ , 4r~ ` \ \ PAINTER - DOUBLE .S"TRIPES 474 Q^•~ / ~ '~ ~ J'~ eltdCL. 5 hANDICAPPEDI pa' , w y 4 ~~? NOT PAINTED - SINGLE LINES 2Br3 -~o R ~~ ~ ° ~ s- ~ ~ ` TCITAL 762 t 4y°','~.'2•~` °-~~ ~ I •'~ ~ ~.~ ° F `~ 4~~ -~ ~ ' > ~ b z ~ ~ N ~ ~ .9 y E ~ ~ ~ ~ ~, ~e ~E~~ ~9 i~ s' w~ ~~ ~~ 1 ~' l~~ RF 53\`t ~ ~C° ri ~~°i. .. NOV ~d2 fOR~ER ~ ~ ~ `/lS t"~ a2 J{~~ ~,~ TE=X-! RAMC ES NG SI ~ " Y` ~j~ '~~~ ~ 1124/902 , ~ 3 _ ,~ ti l 3 v` ~ 7i~ "~' } ,~,, '~` 1 t ~~ SIG ~ STDRM `~ ~ ~ '~ Q Pa~:r I INLE ~ Sti`v S r' ~ e 6 ~ ~ a1 J ~ 2`~ 2G~' s. 8 tik c LQr ka SQ ~5 .fi`b` ~ rJ S .o ~ gLO~K i0 SOUTkVdUD k8° D1P 2~ SRF vC'i' a LP Et, ~ s"cC714N 28 V.L. -}p ~l~ IINEAS ~~~' 2SQ S s , ~ 6 y (f'LATTEN ~f ~ Z2~~~~ ~ 9~ ~ ~' i' ~ IS ~l ~} ~. 34' 00 E LP z~ ~ t ,72 ~~ 5 ~ ,~'c~u TE y 0 ° ~'~`4~°` ~ "~ I N S v Sa ~r~7' ,~, ~ Fi , S 4 ~z ~ Gg ~. 3°36'49" ,~ ~~,Se ~~~~Y S~~4. ~ e iR` ~t ~~ ~`'~ ' COVERED P SAS , 3 ~ ~ ~. ~~}~~ /~\ f IF2S Spy '~"r~ 'Pv ~', 2 Sq4"' gU4,~° ~ U \7'3 f ~ V E FS CNA /`x.330 <F. ~ ~ ~ ~ ~ ~ ~ ~~r LP ~ S4 ~ ~ ~ LINK ~ / LP FENCE -~ cls. g~S 4r~S rf ~ ~ ~~ J ` 6° VCP ~ $Ar1 SwR, ~Q~ .;'~,- 6~A COV£REB ~. ,~SQ ~ (, w ~ ~ ~ ~~ ~ 54°34'32" G/ T9 ~ ~,1 `'• ~arE (~ ~/ _ ~~ ~, ~ 9 1-STIJRY INLET ~b CONCRETE ~ crrP.). '-75~~Q \ie• DIP COMMERCIAL BUILDING ~` =290.00 v,L,~ ~' z4- r / ~~ ~ ~v~~ % iEL=22`09'164 ~oTRS ~ M£ '~ r 2^ ~~ L ~ 11 / V'~ ' L07 ~ I ~, / BLOCK l2 ,~ ~ /~ N / SOUTk~/OpD SECTION i?6 ~~ ~ $ `` GN dL°j /.~~~~ 310/687 ,~ .O ` ~+ H I~ g,~ ~, 5 cPLATTED> .~J Q, ~~S (5,~ ijlf j~ ~ GOvERED ~, ` f ry'Oll ~ f r~o ~ LIPOCN Q~~ ~ /5 aV a ~~~ n~~ ~.~ ~ ~j a „~ FENCE ~ 2 1 " = 110' '~- `'S , .~ ~ ~ i ~., b~ ~ , 3 ~ti. ~ r T , ' ~/ ,~, .TEL, ~ 10.5284 ACRES C R ) _. ~ ~n.S~a~ aryl-c r nn ~ AUG- 1 7-95 THU 1 6 :36 GAL I NDO ENG I NEEt2S ___, _~_~~= ~503E8 - ~' ~ O~ ~r'ALINI~O ,~N~I1~LL~RS ,~1VI~ .,~N~VE~~s 3$33 South Texas Ave., Suite 280 Bryan, Texas T788Z (409) 846-886$ 19-Jul-95 BRANDY~INE SUBDIVISION 4-95 Parking Anaivsis Building Parking Parking Parking Area, sq.ft. Spaces per Spaces Spaces sq. ft. Required Frovided Existing Building 85,650 250 343 Proposed Exp. ;?' 19,330 250 77 t3pan Storage .. 15.218 120,198 420 500 F~,.'~ ~ ,; Mr ~ .`. ~ , ~~ L ~~ ~ ,~4{ a5 t POST OFFICE BOX 9960 1101 TEXAS AVENUE ' ~` ~ ''~ COLLEGE STATION, TEXAS 77642-9960 (409) 7643507 MEMORANDUM ~ ~~~ ,~° TO: Veronica Morgan, Assistant City Engineer = ~~~ FROM: Roxanne Nemcik, Senior Assistant City Attorney RE: Brandywine Replat -- Provision of Cross Access ®ATE: March 8, 1996 Your request for legal assistance was received in the Legal Department on February 21, 1996 and assigned to me for a response. I was on vacation from February 23 -March 6 and as a result this is the first chance I have had to respond to this RFLA. FACTS: The owner/developer of this tract is, according to the replat that you included with your RFLA, College Station Partners c/o Brandywine Corporation. You. have stated that staff has requested Brandywine Corporation to provide a cross access between their property and Mr. Ferreri's property. The stated purposes of this exaction are: (1) to provide Ferreri's property and business with additional parking and (2) to provide access to his garbage dumpster at a site that he has chosen and (3) to enable him to receive deliveries at the spot that he has designated for these activities. You have not detailed the proposed location of the cross access or the delivery and trash pick-up points. Brandywine has informed .you that they have tried to negotiate an agreement but have been unable to come #o any agreement. I assume that the negotiations undertaken have been between Brandywine and Mr. Ferreri. Since negotiations have been between these two parties, I will also assume that staff has not requested dedication of this cross access to the city but merely seeks to have these two parties enter into a private cross access easement or license agreement for the stated purposes. If these assumptions are incorrect, please let me know. QUESTIONS PRESENTED: 1. Whether the City is legally obligated to exact a cross access from the adjacent property owner to enable Mr. Ferreri to keep his dumpster in the same location on the ~ I assume that Mr. Ferrari owns Lot 2 on this plat -- the corner tract that fronts on Texas Ave. South Service Road and Valley View Drive. Veronica Morgan Page 2 March 8, 1996 property, to continue accepting deliveries at his existing delivery area and to provide overflow parking for his business? 2. Whether the City may provide some type of assistance in acquiring the cross access through a development agreement with Brandywine and Mr. Ferrari? DISCUSSI®IVe Chapter 3, Section 3(k) specifically authorizes the City to require private cross access easements when replatting or development occurs as follows: °'Shared Access (a) A joint private access easement may be required between adjacent lots fronting on arterial and collector streets in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The location and dimensions of said easement shall be determined by the City Engineer. (b) Private cross access easements may be required across any lot fronting on an arterial or collector street in order to minimize the number of access points and facilitate access between and across individual lots. The location and dimension of said easement shall be determined by the City Engineer°'. In the case. under review here, it appears that Brandywine fronts on an arterial or collector street. Thus, separate and independent of Mr. Ferreri's situation concerning trash pickup and supply delivery, staff should review the replat of the Brandywine Subdivision to determine whether a cross access can be required between Brandywine and Ferreri°s.2 Clearly, the relevant ordinance provision cited above enables the City to impose the cross access as a condition of replatting this property. Consequently, staff should assess the Brandywine replat and information obtained pursuant to the PRC process to determine whether the cross access is appropriate.3 If it is, then a discussion of Mr. Ferreri's problem is rendered moot by this determination as he will be able to continue to locate his dumpster and delivery points at the existing' sites. 2This case is distinguishable from the Post Oak Square/Post Oak Mall situation where we cannot require cross access from the Mall. In this case Mr. Ferreri ostensibly is willing to dedicate any portion of his property that would be necessary to complete the cross access even though we could not require him to do so because his property is already developed and he is not rezoning or replatting.. In the case of the Post Oak Square/Post Oak Mall, the Mall is unwilling to dedicate the portion of its property necessary to complete the cross access between its property and Post Oak Square. The City cannot require the Mall to dedicate its property for that use because the Mall is not replatting or rezoning its property. 31n making the assessment staff should consider the requirements of Dolan v. City of Tigard, U.S. , 114 S.Ct. 2309 (1994). Essentially, staff must consider whether the facts/evidence of this replat justify the imposition of a cross connection. For example, evidence such as providing cross access would facilitate trash pickup, decrease traffic on Valley View Drive or Longmire Drive, improve traffic safety by reducing access points or protect the pedestrian traffic would be considered sufficient evidence. The test is one of°rough proportionality" -- that the easement is related in nature and extent to the proposed development's impact to justify imposing cross access. js/c/mar96/ferrer.doc Veronica Morgan Page 3 March 8, 1996 In the event staff. determines that a cross access is not warranted under the authorization granted in the ordinance, I have provided some options concerning trash pickup. 1. Mr. Ferreri°s dumpster location The location of the dumpster is one that can be changed subject to the following restrictions: (1) It must be placed on an all weather access route capable of supporting the container service truck used to pick it up. Chapter 11, Section C.5.e. (2) Any applicable zoning ordinance concerning screening of the dumpster. See, Section 10.2. L. of the City of College Station Zoning Ordinance. 2. Mr Ferreri's parkins trash dumpster and service bay If his property is insufficient to accommodate parking, trash receptacles or delivery, then another alternative is available to him through SECTION 202.058 of TFiE TExa,s TR~,NSPORTATIOIV Co®E. This statute authorizes the Texas ®epartment o$ Transportation to agree with the owner of real property abutting or adjoining property acquired by the department for the right-of-way of a road in the state highway system, allowing the owner to use or cultivate a porteon of the right-of-way not required for immediate use by the department. An agreement .must be m writing and may provide for: (1) the use or cultivation of the property; (2) construction of improvements on the property; (3) placement of fences on the property; and (4) other matters. Since Mr. Ferreri's property abuts up to 2818 and Texas Avenue, he qualifies under the statute to submit his request to TXDOT. Oral Agreement with K Mart Included in your FZFLA were minutes from a ZBA meeting held on January 23, 1989, which reflect that Mr. Ferreri. was granted a parking variance for 111 parking spaces. The minutes reflect that Mr. Ferreri informed staff that he would secure an easement for parking from K Mart, the lessee of the Brandywine property. K Mart is no longer leasing .the property from Brandywine. Apparently, Mr. Ferreri never secured a written agreement from K Mart giving him permission to have his patrons park in their lot.4 Thus, any agreement that he had with K Mart would constitute only a license which does not convey any interest in land but instead is merely permission to do some act on the land of another person. It is revocable at any time and unassignable. See generally, TEX. JUR. EASEMENTS SECTION 3 (THIRD E®ITION) and cases cited therein. However, even if Mr. Ferreri had an agreement in writing, it 4THE STATUTE OF FRAUDS, SECTioN 26.01 of the Property Code requires that a promise or agreement for the sale of real estate or a lease of real estate for a term longer than one year is unenforceable unless it is in writing and signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him. js/c/mar96/ferrer. dos Veronica Morgan Page 4 March 8, 1996 would only be valid for the term of the leasehold interest that K Mart possessed. As K Mart no longer leases the property, any written agreement would have terminated with the termination of K Martel lease. CONCLl1SION: A cross access can be required as a condition of replatting the Brandywine property if staff determines it falls within the ordinance cited hereinabove. However, the Coty is not legally obligated to require the cross access. If staff determines that a cross access is insupportable based on the information in the replatting application .submitted by Brandywine, then it may consider the other alternatives that have been provided to address the particular site concerns of Mr. Ferrari. The City may enter into a Development Agreement with Brandywine and Mr. Ferrari provided it falls within Council's established policies. RN:jls cc: Skip Noe Tom Brymer js/c/mar96/fewer. doc ~~ ~ ~~~e~ '" 320 PLUS PARK BLVD. ~~~~~~ I NASHVILLE, TENNESSEE 37217 615-366-4600 TO WNOft IT f~1AY CONCERN: TSC Stores is a 5$ year old company with 1~0 stores in 21 states. TSC caters to its prime customer the farmer, plus offers merchandise for the urban-suburban trade.. Most stores are 15,000 square feet and are divided into four quadrants of merchandise as follows: 1. Durable work clothing -- Overalls, work shirts, underwear, work shoes and boots, etc. 2. Farm Supplies -- Hydraulic parts, feed and salt, animal health supplies, mower and haying supplies, bearings and PTO parts, tillage supplies, fencing, etc. 3. Automotive supplies -- Lubricants; tractor and automotive batteries, tires, pick-up truck supplies, etc. 4. Hardware supplies -- Hand tools, power tools, plumbing, electrical, etc. In addition, in the middle aisle TSC carries seasonal goods such as .heating supplies, baler twine, field fencing, power equipment, and livestock feeders and waterers. LH:yr FAR1Vf . HOME e ~ ~1 TO ®~ by Joe Scarlett he history of TSC dates back to the founding in 1938, however, many of the details of that history are not well known. One of the first TSC employees was Gardner Abbott who is cur- rently our landlord for the Danville, IL, store. On March 26, Mr. Abbott stopped by to see Real Estate Vice President Lee Haberer on a trip from his home near Chicago to a southern vacation spot. I was privi- leged to meet Mr. Abbott and spend about 30 minutes discussing TSC's history. I found Mr. Abbott to be astute in business and acharm- ing individual. Following are a few interesting points of TSC history: • The company was founded in 1938 by Charles Schmidt • Charles Schmidt and Gard Abbott were college room- mates at the University of Chicago • Gard Abbott was one of the first employees hired in 1938 • Minot, ND, was the first store and Gard Abbott managed it for the first two years • Minot was chosen because its proximity to Canada helped facilitate prepaid orders going over the border • The second store was in Omaha, NE • Company owned and fran- chised stores continued to be added • .Tractor parts were the back- bone of the business in the early years. Few tractors were produced during the 1940s which created a huge demand for repair parts. First TSC store was located in Minot, ND World War II accelerated the demand for tractor parts • Tractor Supply Company parts were always less expansive than pans sold by dealers • Richland Industries was pur- chased in 1961 in order to keep TSC well supplied with low-priced tractor parts including engine sleeve sets and also sprayer pumps and air compressors • Tractor Supply Company became a public company in 1959 and was soon listed on the New York Stock Exchange • Spindle Specialty acquired in 1960 • Robertson's Farm Supply acquired in 1962 • Huskee Bilt acquired in 1963 • Big Bear acquired in 1967 • Tractor Supply Company emerged with Community Discount Stores in 1968 to form TSC Industries • Tires became the number one product category in the late 1960s • Tractor Supply Company was purchased by National Industries in 1969 • Both Mr. Schmidt and Mr. Abbott left the company shortly after the 1969 pur- chase. I hope we will again get the opportunity to meet Mr. Abbott and learn more about the early years of our company. GALINZ?® .L.iNG1'NEL~IZS AND .~LANNElZS 3833 South Texas Ave., Suite 280 Bryan, Texas 77802 (409) 846-8868 May 10, 1995 Mr. Thomas W. Webber, Manager Permitting Section Watershed Management Division TNRCC 12100 Park 35 Circle P. O. Box 13087 Austin, TX 78711-3087 Subject: Sanitary Sewer Design 10.53-acre tract Brandywine Subdivision College Station, TX Dear Mr. Webber: Please find enclosed, for your review and approval; our report on the referenced subject. Also enclosed is a copy of the complete set of construction drawings that are being submitted to the City of College Station, Texas. Sincerely, GALINDO ENGINEERS AND PLANNERS Christian A. Galindo, P.~., R.P.L.S. President cc: Mr. Kent Laza, P.E. City Engineer City of College Station BRANDYWINE SUBDIVISION SANITARY. SEWER DESIGN 4-95 1. INTRODUCTION The purpose of this project is to provide sanitary sewer service to a commercial development, Brandywine Subdivision, located at the southwest intersection of Texas Avenue and Valley View Drive, College Station, Texas. This subdivision, which is a replat of Lot 1, Block 13, Southwood Section 26, will consist of four commercial lots. Lot 1, Block One, contains an existing anchor commercial building and parking lot and is already served by sanitary sewer. Lots 2, 3 and 4, Block One, will be the outlying parcels and sanitary sewer service to them needs to be extended. No definite utilization for these parcels has yet been determined but for purposes of design they are assumed to be restaurants. The sewer line being designed will connect to an existing 10" City of College Station line as shown on the drawings. 2. DESIGN STANDARDS The City of College Station construction standards, specifications, methods and requirements are part of these construction documents. 3. CAPACITY CALCULATIONS Exhibit 1 summarizes the criteria followed to calculate the capacity of the two segments of the sewer line. The resulting flow capacities coupled with the sewer lines slopes were then used to calculate the characteristics of each segment of pipe as shown in Exhibit 2. It is estimated that increased loading on the existing 10" line upon completion of this project will represent almost 23% of its capacity. See Exhibit 2. 4. SPECIFIC REFERENCE TO CHAPTER 317 317.1 .c. See end of report. 317.1.c.1.A See Exhibit 2 - 1 - 317.1.c.1.C See previous sections of this report. 317.1.c.1.D Type of pipe to be used is D.I.P., Class 52 or PVC SDR 26. Maximum loading of new pipe will be 52.05%: See Exhibit 2. 317.1.c.1.E See attached construction drawings. 317.1.c.1.F No expnasion is expected. 317.1.c.1.G I&I T.V. scanning of the interior of the pipes will be performed as the lines are installed to determined anticipated infiltration and inflow. See constructions drawings. Capacity Calculations have been performed with an 1&I factor of 2,000 GPD per inch per mile. 317.1.c.1.H No unfavorable soil conditions are expected. This assessment is based on experience with previous similar construction on adjacent sites. 317.i.d.1 See attached construction drawings. 317.1.d.2 See attached construction drawings. 317.1.d.3 See attached construction drawings. 317.1.d.4 See attached construction drawings. 317.2.a.1 See Section 3, Exhibit 1, above. 317.2.a.2 All pipe shall be D.I.P. Class 52 or PVC SDR 26. 317.2.a.3 See College Station Water & Sewer Specifications. 317.2.a.4 See 317.1.c.1.G 317.2.a.2 See College Station Water & Sewer Specifications. 317.2.a.5.A See College Station Water & Sewer Specifications. 317.2.a.5.B See 317.2.a.2 317.2.a.6 No water main/sanitary sewer crossings. 317.2.a.7 No combined sanitary and storm sewers shall be installed. 317.2.a.8 No active geologic faults are known to exist on the project site. 317.2.b.3 See Section 3 above. 317.2.c.1 All lines will be 6" in diameter. 317.2.c.2 No full flow velocity is lower than 2.65 feet per second. 317.2.c.3 No flow velocity at highest capacity is higher than 5.65 feet per second. 317.2.c.4 All pipes are in straight alignment and uniform grade between manholes. 317.2.c.5 See attached construction drawings. 317.2.c.5.A See attached construction drawings. No brick manholes shall be installed. 317.2.c.5.B Longest spacing between manholes is 337 feet. 317.2.c.5.D See attached construction drawings. - 2 - 317.2.c.5.E No drop manholes are designed. 317.2.c.5.F All proposed manhole covers on this project are located outside the 100- year flood plain. 317.2.c.5.G Access to all manholes will be by portable ladder. 317.2.c.6 No inverted siphons are planned. ., ~ ~ ~ a ,.~~ '` r' ~ ,~-~ ~.._ - CHRISTIAN A. CALINDO, P.E. # 53425, R.P. L.S. # 4473 May 10, 1995 ~~®~®®~~~~~®~~~~~ ®®m• 0..,..`:,,r . °a ~`d ~~P mom, o ° ts' c'+-~ mammoommooomoaaoma+aoa uo~moaao eea9o ~C~~~~~°I~~~~~ ~~o ~:~~:~~F~ ~~4~ mdm9mm9tlmmm.9rrB++~~~a096mJms}ryJm ffG.:9Ge089S.> + ~~ .sag ® ® ~y .+ Y ` 5 ~~ c.1. ~ d F, ~ ° i°p x G'a ~~2! ~cyi,.. ~~n~ ~~~~fiy`~~~ r n. '~ r ssµ ~y r.r+,,.> 1 ~'~ i. - 3 - x L ~° y ny~yy m"V M m /, ' G ' ! _.~ ~ - 95 6,~>4 ~~ Y G~ ENE s ~,~ ,oi v, '.`~A N I Tat} ,~ ',~ 5 E l~/~.r.' ~.;,- ,s~ C:"!1 G.~/ 7%~,~~' ~-~ EXHIBIT 1 if TER CDr'~,f Gf.tr~`r ''O:a'G77G!~` _ :~ /GAO '_C~~C.I> ~ ", ~_T~ ~i L l.~,.a-,'t~- ~ k': i~,~~'~ P~=a~ _ 370 / 7 ~ 1~ L~/-[l~w~~~......,~r({l,Y...w~J' U.~r°C_a~ / ~lfy~ _.. = _ '. G /.:J ,._. ,. ... .... _. PER //L/C;'f !~~"~' /r1,~', ,~' __ .~.-._ rte,, UOU ,._Gr".~ . EIIV~'.2 ~~' O!/f/ _ ~0.8'Q.~' ...3 .~' /c']dJC ;~OO~C -'~~7'~~ -~- C2,OCJUX C~_X 3?~. _ '``-' ', ©,.2..50 CAS ,~?~'QL!/~~~ '_ ~L.OPE, __ U, 8..73 jv ' '_ W ~ f?.. FL 4 ~ _ ~ O, ~ 7D. CFS , PRO VI l~ ~L u EXfIIBIT 2 Worksheet Name: BRANDYWINE SUBDIVISI Worksheet Name: BRANDYWINE SUBDIVISI Comment: FLOW AT EXISTING MANHOLE Comment: FLOW AT PROPOSED MANHOLE Solve For Actual Depth Solve For Actual Depth Given Input Data: Given Input Data: Diameter.......... 0.50 ft Diameter.......... 0.50 ft Slope ............. 0.0087 ft/ft Slope............. 0.0340 ft/ft Manning's n....... 0.013 Manning's n....... 0.013 Discharge......... 0.28 cfs Discharge......... 0.28 cfs Computed Results: Computed Results: Depth ............. 0.26 ft Depth............. 0.18 ft Velocity.......... 2.71 fps Velocity.......... 4.48 fps F1owArea......... 0.10 sf F1owArea......... 0.06 sf Critical Depth.... 0.27 ft Critical Depth.... 0.27 ft Critical Slope.... 0.0080 ft/ft Critical Slope.... 0.0080 ft/ft Percent Full...... 52.05 % Percent Full...... 35.53 % Full Capacity..... 0.52 cfs V . z. 61 FPS Full Capacity..... 1.03 cfs V =. ,5.6.5 FP5 QMAX @.94D... ..... 0.56 cfs ~~ ~'`~) QMAX @.94D... ..... 1.11 cfs ~ tiril x) Froude Number. .... 1.05 (flow is Supercritical) Froude Number. .... 2.18 (flow is Supercritical) Worksheet Name: BRANDYWINE SUBDIVISI Comment: INCREASED LOADING AT EXISTING 10" SAN. SWR. Solve For Actual Depth GivemInput Data: Diameter.......... 0.83 ft Slope ............. 0.0125 ft/ft Manning's n....... 0.013 Discharge......... 0.28 cfs Computed Results: Depth ............. 0.19 ft Velocity.......... 2.99 fps Flow Area......... 0.09 sf Critical Depth.... 0.23 ft Critical Slope.... 0.0060 ft/ft Circular Channel Analysis & Design Percent Full...... 22.95 % Solved with Manning's Equation Full Capacity..... 2.42 cfs QMAX @.44D........ 2.61 cfs Open Channel -Uniform flow Froude Number..... 1.44 (flow is Supercritical) =) CHECKLIST FOR FINAL PLATS Requirements based on field survey and marked by monuments and markers: 1. Drawn on 24" x 36" sheet to scale of 100' per inch. 2. Name & address of subdivider, recorded owner, planner, engineer and surveyor. -°w~"~ 3. Name & address of all lenders on the property. ---^°°""°"~ 4. Name & address of all easement holders. 5. Proposed name of subdivision (not spelled or pronounced similarly to any other subdivision in Brazos County, Texas). ~~ 6. Date of preparation, scale in feet and north arrow. '~ [~' 7. Application fee. ___._..- -- ~_ ~^ 8. ~ .~ d construction documents on 24" x 36" sheets. `°~._e_ ^ 9. Paid tax certificates from Cfy of C~olleg~~~aton, Brazos County and the C.S.LS.D. tal area intended to be develo ed. ^ 10. To P ^ 11. Subdivision boundary lines indicated by heavy lines. ^ 12. Certificate of Ownership & Dedication; Certificate of Surveyorship and/or Engineer; Certificate of City Engineer; Approval of Commission; Approval of City Council; Certificate of the County Clerk. (Owner(s)' signature(s) must be in place before taking plat to P&Z for consideration). ^ 13. Number of lots. ^ a. number of lots by Zoning District. ^ b. average acreage of each residential lot by Zoning District. ^ 14. Approximate area of street right-of--way. ^ 15. Proposed parkland dedication. ^ 16. Requested oversize participation items, if any. ^ 17. Location of the One Hundred Yr. Floodplain according to the most recent available date. ^ 18a If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch. ^ 19. Parkland Dedication information. ^ 20. Exact location, dimensions, name and legal description of all existing or recorded streets, alleys, reservations, easements or other R.O.W. within the subdivision, intersecting or contiguous with boundary or forming boundary with accurate dimensions, bearings or deflection angles and radii, area, .center angle, degree of curvature, tangent distance and length of all curves. ^ 21. ^ 22. ^ 23. ^ 24. ^ 25. ^ 26. ^ 27. ^ 28. ^ 29. ^ 30, f ~glmWlplt\I-95 Same information for proposed streets, alleys, etc. as preliminary plats. Lot corner markers and survey monuments (by symbol) and tied to basic survey date. Street, alley, and sidewalk plans, profiles and sections, with specifications and detail cost estimates. Sanitary sewer plat with 2 foot contours, plan and profile lines, showing depth and grades, with cost estimates. Water line plat showing fire hydrants, valves, etc. with specifications and a detailed cost estimate. Storm drainage system plat with 2 foot contours, street lines, inlets, storm sewer and drainage channels, with profiles and sections, and showing drainage and runoff areas, and runoffbased on 5, 10, and 25 year rain intensity. Detail drainage structure design and channel lining design if used, with specification and detail cost estimate. Street lighting plan showing location of lights, design, and with specifications detail cost estimate. Submit a statement addressing any differences between the final plat and approved Master Preliminary Plat & Plan. Indicate any variances requested and reasons for same. Are there impact fees associated with this development? ~RA~/V D ~Wf/~~ Name of Subdivision P&Z Case No. Date Received MINIMUM REQUIREMENTS FOR FILING RESUBDIVISION, REPEAT OR AMENDING APPLICATIONS "~ 1. Film positive plus 16 folded copies of the plat. 2. Attached application. completed in full. ~' 3 . $200.00 handling/filing fee. ~a, 4. Acknowledged signatures of all owners of subject land. ~ ~~>~~f~~ ~~~~%~'6 ~~''~~'~`~~~ '~'~`~ 5. Paid Tax Certificates from: ~'`~t,~~ `~ `~~~~`~~~ ~~~~~a a. City of College Station b. Brazos County c. College Station Independent School District 6. All replats require a public hearing. ADDITIONAL REQUIREMENTS if subject land is zoned R-1, R-lA or R-2: 1. Notice in newspaper 15 days prior to public hearing. a. Applicant pays $50.00 to cover cost. b. City prepares and places ad in newspaper. 2. Notice to landowners within 500 feet of subject lot(s) if there are more than 100 lots in the subdivision, or notice to all landowners in subdivision if there are 100 or fewer lots in the subdivision. a. Planning Division prepares list of owners from approved Tax Rolls. b. Applicant pays $4.00 for each person on above list (handling fee). c. Applicant furnishes reduced copy of replat with a location map (8 1/2 x 11). d. City prepares and mails notification with copy of replat to above owners. * EXCEPTIONS TO PUBLIC HEARINGS & NOTIFICATION: 1. If replat corrects errors on previous plats. 2. If number of lots is not increased. 3. If replat only involves relocation of lot line(s) to eliminate inadvertent encroachment. ~~* PLEASE NOTE THAT THE PLAT CANNOT BE SCHEDULED FOR PLANNING AND ZONING COMMISSION MEETING UNTIL ALL OF THE ABOVE REQUIREMENTS HAVE BEEN MET. *** DEADLINE: Received in the Planning Division by noon 22 days prior to a Planning & Zoning Commission meeting. Regular meetings held first and third Thursdays of each month. Notify Planning Division at least 3 working days prior to deadline date to allow time for preparation of list of landowners to receive notification. GALINDU ENGINEERS AND PLANNERS 3833 South Texas Ave., Suite 280 Bryan, Texas 77802 (409) 846-8868 TRANSM_,-IT_TAL- LETTER GEP Praiect: 4-~~ Date: 1e'.~`S. ~l /99~ FROM : _ ......-.C1~/.~~"......~~L..o~f~A.. _ __ _ ___ . TRANSMITTED; (") herewit?i ( 1 as per your request ( ) under serarate corer ACTION REQUESTED: ('°S review --r~+~~.' ( ) apx~roval and si c~?7ature ( 1 information ~ ) use / files DOCUMENTS: ( ) drawings ( ) cost estimate / cruotation ( ) s~aecificati.ons ( ) correspondence ( ) other date I copies I description _______-I--------I---------------------------------------------- ®2~vea/~~I Ih I ,~~'i/r,'.~"-~~ ~~~L ~ T 't~'~~f'c~~yyvo^oE- - - - - - - - - ------------------------ T-------- --------- I I Sl1~~/Y/~10~ PL L/S T,~N/ ~,~,A ~ ~ -------~-I--------I---------------------------------------------- I I U,~C G/~16+~1G , --------I--------I--------------------------------------------- T I __------I-------- ----------- COMMENTS : -- _.~.ae'__.~i~_... M_~"~'T/i(/~ TffLS_ .~,~R~/!S/C..t d GA~INDO ENGINEERS AND PLANNERS 3833 South Texas Ave., Sulte 280 Bryan, Texas 77802 (409) 845-8868 February 2, 1996 ~ ~ / ~ ! ltd' '' C. ~-~ ~ ~-C' ~L...-> G~~2"~~. ~ ~~ ~C~'C J L-L~Li ~ ~G~ ~~ ~~ , . rte' ~-~,~C'~J iJ .~ ~~~ ~~ r ~ ~ ~, '~ ``/ j V 7 G~ ~- ,~ ~ ~ _.- ~ y ~-~ G ,' ~ ,%~ :.~ , l GALINL)O.1~NGINEERS ANL) PLANNERS 3833 South Texas Ave., Sutte 280 Bryan, Texas 77802 (409} 846-8868 February 2, 1996 r !' ~~~ ~~ ~~' C-C-iL-~' ,j ~~~~~ ~.~ l _ /~ G~ ,/ / l- l G'~ i h 7 L) ~~ ~ ~ ~ Z 7 ~ ~ z ~ ~~~~ ~ ~~ ~~/ ~~.~~ J i ~ y ~ , ~ ~~C~ .~~ 1 ~. PRC 5-1'1°-95 --~-®-®®®N LUSH T64-5502 ELECTRICAL V111~YIVE CURT SIVdW CONE a- ® ~'~ f f-t~ a `c c. `°~'~sELi ~®~' uJ ~ ~-' I TE METER WILL BE REQUIRE®-FOR TH S A C~QN I PLACED FROM PdWER PdLE.ALONd 1l9/!TH R[Gtfl CdNDUIT T HE Pd1tVER PdLE THE CUSTCn11ER WlLBs EE ASKED TO CdNTR1I3U1"E 20% dF THE TdTAL CdST ®F THE PROJECT Td SERVE THE EUILDlNC. INTERNATIONAL. SUPPLY THERE WILL BE A ~ O FT EASEMENT REQUIRED ALONCz THE NtiIEST PROPERTY LINE OF THE PRQPERTY. THE CUSTOMER VNILL 13E ASKED TO PR®V!®~ 2-4 INCH C(7NDUlTS FROM A POWER PG3LE LOCATED AT THE NORTHWfaST PF20PERTY CORNER ALONG THE WEST PROPERTY LINE Td A POINT APPROdCIMATELY 90 FEET FROM THE SOUTHWEST PROPERTY CORNER.THERE VV1LL IIE A PADMOUNT TRANSFdRMER AT THIS PAINT. THE CUSTOMER VI(!LL FRdM THIS Pd1NT PRdVlDE GONflUIT Td THE LOCATIdN OF THE METER t?N THE BUILflING.TO BE SLED 1IVF9EN LOAD DATA 1S AVAILABLE. THE CUSTOMER WILL SE ASFCED TO CONTRlSUTE 20% dF THE TdTAL COST TO SERVE THE SUIL®lNd: JST CONCFETI~ THE CUSTOMER WILL SE ASKEfl TO PROVIDE 2-41NCH CONDUITS {N THIS EASEMENT. A PADMOUNT TRAIVSF~RMER WILL SE LOCATE® AT THE END dF THIS EASEMENT. THE CUSTOMER WILL flE ASKEfl TO CONTRIEUTE 20®!o dF THE COST TO SERVE THESE LOTS. . tty t y t t a t a y t t t e°+' 1` .' •i~!~J~I~J,!~d~~ J~J.l~J9J~I~J~J,ItJ~J•J•i J.,.t .,.,.,.,.,. J.,. J. J.,.,.J.,. J.,.J.,.,. 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J•J•I J•!•J•AI•! l•p.l•p.p././.l.P p.p. e.p.p•p.p•p.e•p.p• r.7 i • \ t a \ 4+ I\ 1~ .~l \ S t l 1 1 l \ t \ \ ~ \ 4 t L•\•t'1'1'\•t't't'\'\•\'\'t• t t l l \ \ \ 1 t t \ \ \ 1•t•1 l t 11 t .:.J., .'•I•J.F•J•/•!.1•I•!•J•t•/•/.J.J.J.J.p •F-J-E-f•1 •I.J •J h _._ -_ / ~!~ :•J / f 1a ~ ~r '~~.:.::!`l ;rtftt\`trtr :`1(\rt, x® Regular Item Consent Item Statutory Item Item Submitted By: For Council Meeting Of: Director Approval: Executive Member Approval: Veronica J.B. Morgan, Asst. City Engineer March 14,1996 Ends Statements /Strategic Issues: #8 -Civic Pride: Citizens benefit from well-planned, attractive residential and. commercial areas, and from preserving historic areas. Item: Consideration of a final plat for Brandywine Subdivision located at the intersection of Valley View Drive and. the frontage road of Texas Avenue near FM 2818. Applicant is Brandywine Corporation.(95-219) Item Summary: This plat encompasses the old K-Mart store site and consists of 10.53 acres being subdivided into 4 Icts. This plat does not incorporate the corner lot where Ferreri's restaurant is Located, as it is a separate lot, Lot 2, Block 13 of Southwood Section 26. A Presubmission conference was held on this plat on 5/17/95 at which time staff requested that the applicant work with Lot 2 (Ferreri's) to show shared access between Ferreri's and the rest of the center. The original plat was subdivided for the K-Mart site with a single out-parcel for a retail user. The out-parcel was originally developed as IRA's, a retail establishment, and later changed to Ferreri's restaurant. At that time, Ferreri's was granted a parking variance by the ZBA. At the ZBA meeting and during site plan review, Mr. Ferreri explained that he had verbal permission from the K-Mart owners to use parking on their property as well as access to serve his solid waste container and delivery door, both located on the southwest corner of his building. Access through the Brandywine property is the only way to access these two items in their existing configuration. At staffs urging, the owner, Brandywine, began working with Mr. Ferreri on a solution to the out-parcel's parking and dumpster/delivery access problem. Several weeks ago, Brandywine approached staff and explained that they had tried to work out a solution on shared access but had arrived at an impasse. They requested that their plat not be held up from review because of this problem. As the outside boundaries of the plat are not changing and the subdivision that is occurring is in compliance with our subdivision regulations, staff agreed that the plat should continue through the review and approval process. Staff agrees that the access problems to the existing out-parcel are important issues, but are unrelated to the platting of the Brandywine property. Staff is continuing to look into the access problem as a separate issue. When the original plat was filed, the one large lot and the out-parcel were viewed as a single building plot for signage. City Council may opt to continue to support this and require that Lots 1-4, Block 1 of the Brandywine Subdivision and Lot 2, Block 13 of Southwood Section 26 be defined as one building plot and thus allowed only the 1 existing freestanding. sign. This sign does have additional area that may be used to advertise all the out parcels. This would be consistent with the Albertson's/Wal-Mart center. It would be up to Brandywine whether to allow Ferreri's on this sign, as it is on their property. In this event Council may choose to allow Lot 2, Block 13 Southwood Section 26 (Ferreri's~ to have a separate low profile sign. The applicant has approached staff since the P&Z meeting and may request that the out-parcels be allowed a low profile sign each. This would be consistent with the HEB/Target center. Staff would support this scenario. In this scenario, Ferreri's should be allowed 1 low profile sign as well. The Planning and Zoning Commission heard this item at their February 15, 1996 meeting and recommended approval. Financial Summary: Staff will work with Mr. Ferreri on a dumpster relocation plan and fund 50% of the screening cost for the necessary improvements to relocate his solid waste container. Funds are available in the Public Services budget for the dumpster screening program. Staff Recommendation: Staff recommends approval of the final plat with each out parcel, including Ferreri's allowed one low profile sign. City Attorney Recommendation: Council Action Desired: Approve plat as presented and give staff direction with regard to signage. Supporting Materials: 1. Location Map 2. Staff Report 3. Application 4. Copy of Plat 5. P&Z Minutes o:\devserv~cvsht195219. doc AGENBA ITEM NO. 6: Consideration of a final plat of the Brandywine Subdivision totaling 10.53 acres divided into four C-1 General Commercial lots locat d on the northwest corner of the Texas Avenue South and F.M. 2818 intersection. (95-219) Assistant City Engineer Morgan presented the staff report and recommended approval of the final plat with the condition that lots 1-4, block 1 of the Brandywine Subdivision and lot 2, block 13 of Southwood Section 26 be considered as a single building plot for signage. The original plat was subdivided for the K-Mart site with a single out parcel for a retail user. The out parcel changed use several years ago and became a more intense use (restaurant), which was granted a parking variance by the Zoning Board of Adjustment. At that time, there had been a verbal agreement that the smaller user could access the parking on the K-Mart site, as well as utilize that access for solid waste pick-up and deliveries. Ferreri's dumpster and delivery door is on the most southerly corner of the building, and access to these can only be gained by using the K-Mart parking lot. The applicant has been working with Mr. Ferreri since May of last year trying to work out an amenable solution to Mr. Ferreri's parking and access problems and to date have been unsuccessful in their negotiations. The outside boundaries of this plat are not changing and the subdivision that is occurring is in compliance with the City's Subdivision Regulations. These access problems to the existing out parcel are important issues, but are unrelated to the platting of the Brandywine property and its compliance. with the Subdivision Regulations. Staff is continuing to look into the access problems as a separate issue. When the original plat was filed, the one large lot and the Ferreri's out parcel was viewed as a single building plot for signage. In light of the decisions made on the adjacent Albertson's/Wal-Mart center, the Commission and Council may desire to place restrictions on this plat to consider the entire property and the out parcel as a single building plot for signage. Representative of the applicant Christian Galindo informed the Commission that no additional curb cuts are requested, the existing driveways will be utilized for access. He stated that a representative of the owner is in the audience to address any additional concerns of the Commission. Owner of the adjacent Ferreri's Italian Restaurant, Joe Ferreri, informed the Commission that when he originally purchased the restaurant the rear loading and garbage pick-up was done with the consent of K-Mart. He stated that he assumed that Brandywine would continue that original agreement. I~Tow that Brandywine is redeveloping the property, the original agreement no longer exists. Mr. Ferreri stated that he can no longer receive deliveries or have the garbage picked up without access thr®ugh the Brandywine property. He stated that he attempted to purchase the additional land required to provide the access; however, he was not able to afford the price of the property. Mr. Ferreri stated that he can no longer operate his business without access for deliveries and garbage pick up. Assistant City Engineer Morgan informed the Commission that there are alternatives to Mr. Ferreri such as relocating the existing dumpster at his expense so that it can be accessed by the Sanitation Department. However, this is a separate issue from the final plat and the plat submitted meets the City's Subdivision Regulations. Commissioner Lightfoot moved to recommend approval of the final plat for the Brandywine Subdivision with staff recommendations. Commissioner Garner seconded the motion which passed (6 - 1); Commissioner Smith voted in opposition to the motion. P & Z Minutes February I5, 1996 Page 13 of 14 APR-24-96 WED 12:13 GAL%NDO ENGINEEPS 4©93463363 0 P-®1 ~irAL~1~1~0 L~'~~~1v~~.~s ANA 1'LAN~VE~Rs 3833 South Texas Ave., Sutte 280 Bryan, Texas 77802 (409) 846-8E368 ... .... 9642 {~~/Q~1'~r~,~>~ TRACT 2 M®~~~ ~ j o,S567-ACfIE TRAC~OUTtiWOOD SEC'CION 26 LOT t, BLOCK i3 ~Y COLLEGE 3TAT10N, BRA20S COUNTY, TEXAS NOTES: / ~~ i. ALL LINEAR DIMENSIONS ARE IN FEET {~~ ~ ~ ~ / ~' UNLESS OTHERWISE NOTED. , Z1 2 , / z. roraL AREA { R) = O.ai 6~ acR. ~ 2~' ~Gj , ^ `° 3, BEARING BASE Is PLAT -N 517/71 i , ~~ ~ Gj~ rL - ,/ 4. BASE LINE !5 NflfED WITH ~s- , w` ~1 ~o ~ ]~~~ 5. BLS ESTABLISHED BY PLAT AtyD BY CITY o~ ' ~` ORDINANCE FOR C-1 ZONING DSITRICT. , ~ / j ~~~/\j ~^ a 4\l\\\ \ , O ~~ ~ / ~ SLY \ 1 / ~ ~ L^ ~e PQU E~ t'~ / ~~ '~ .e~,,~ ~ s ' \./ ~ '~~ Q .e ,. $~~ \~ y 1 Gj * ! Rf~Tu~~LNl r ~ o ~ ~ ~/ ~~m~~ wo ~ ~~ /~~ \ ~ ~ NOW O}~ FOf~ME~LY 1~\~ ~~. ~ti/~ ~ ~. ~ ~ ~~4 TEX-J ~RANCHESr INC c v tom/ ~ ~ti5 ~,Oj ~/~ ] -o \ c~ ~ c 1 124fx102 ~f F I'Sl/DT / i ~~.~" O' ~~-,~ SA aeE,s~ 1o eTwa~ 4~~ 5 ,~~ ~ ~ 9C, a qh' qG / , ~ ~ ,a. 9soy TRACT S •~• \ Fs o~ ,e ( ,q~ vaurc. ' t/ \~`~~' / ~,~ Co L ~9, `~\ ~ ,00,1 G //~, ~' 'Y~\ i/?' ~O ~_ -~~~' ~ ~j PART 0~ sv^, ~~IRf ~ o'~j ;~~~ ~'~ •~ LOT 1, BLOCK 13 D~~ `~' ~~ SOUTHWOOD SECTION 26 ~ ; 1 s ~ ~/ \° ~, 28, 605 S. F. f ~~ SCALE ? , .~ piC. 1 Q ~ O ~ $ ~'",_ ,~~,~.~~\ ~ ~~ ~~o / ~ ~,~~ 27,036 S.~ ~~ cu ooNr~Te YI~RKER we . MaRr CtJ bOitCftETE ~ *~.~0 ~ ., s S//R =SET GR FOUND fA . PfNCE P05T Q~ ,f`(,Q.. NAB ~ ~ I ~ . fC ~ FENCE CORNErt _ ROY ~ W GtiT Of YA7 ~~ °~-.. / O G'+ 88 9AfX Td SFCI( OF' Cline PROP, ~" ~' ~ ~~ L ~ OJ •~ EL ~. EL71l.ONQ LNE PvE = PuBUC UTUTY USNF, ~ 5~ S SWR~~~ASd~}T, ~ \ ~O ` y.~ PJf P~PotlP+G/nCCE53 Et,Y'F. ,~, Y' EM -~ EIECTRFr ~Eit 'Q~ LP ET - EIECTR4 T•c~.-ar-CF8I~ILR A "~O~" 4~ E1V/L ~ £LELTRr.+~1K11-fJUGtl7 ~ ',,~ ~/,y ~ ~~~ '~%~~ ~ ~.,~ 36,481 S.F- SS = SJJiiaRr SYEwfR C(1 ~~ Fk . FI(~ PfT0R4tlT ~ Ow =OAS YETTJt T/9 ='IrJ,EP'MWE PEDF3GL \~ ~\ p~~Jly . ~ \\ ~V r ~~ CITY OF COLLEGE STATI®I~I `~ ~ '~~ ~ host ®ffice Box 9960 1101 Texas ~wenue ~`~ ~}' College Stateoee, Texas 77l$42-9960 (~I39) 764-3500 ,s„ Phil Giovinco May 1, 1996 College Station Partners c/o Brandywine Corp.. Brandywine 1 Building, Suite 300 Chadds Fords Business Campus Chadds Ford, PA 19317 RE: BItANDYWINE FINAL PLAT Dear Mr. Caiovinco: In order to fulfill your obligations under the Subdivision Regulations and the request made to change the electrical easement location after the plat had been approved by Council, the following needs to be accomplished to file the plat. 1. Submit a letter of credit or other acceptable instrument (as outlined in the Subdivision Regulations) for the water and sanitary sewer improvements associated with the plat. According to the engineer's estimate on this project, these improvements will cost $17,175, which is also the amount of the guarantee. ~. We have read the covenants and restrictions that Bill Thornton submitted yesterday. We are concerned that Lot 2 in Brandywine may potentially lose it's access through the abutting property.. If this happens, and all other access is cut off between Lot 2 and the remaining lots in Brandywine, Lot 2 may be placed in a position where they would request an additional curb cut on Valley View. This is contrary to what the council approved with regard to cross access, With regard to the. relocation of the electrical easement. Staff requested that Brandywine submit a letter of understanding which contains the following: ~. Brandywine understands that they are responsible for 100% of the cost of the conduit and it's installation and the amount. of conduit is now increased from 165' to 404', as a result of the shift in easement. ~/~ Brandywine understands that they are responsible for 20% of the cost of wiring, which. is installed by the City, again whose length has increased i`rom 165' to 404'. o:lgoup\deve_ser\v\braady.doc ~c~~€e of Texas ~~~~ ~e~~veesity Brandywine understands that the first out-parcel to request electrical service will be required to pay the entire cost outlined in a. and be above. Brandywine may split this cost among. each lot as they desire. 4. The original mylar needs to reflect the changed electrical easement location as shown on the attached drawing. Once all these have been accomplished, please submit the original mylar to the City for signatures and filing. If you have any questions, please do not hesitate to Gall. Sincerely, Veronica JB Morgan Assistant City Engineer attachments cc: Chris Galindo, Galindo Engineers Bill Thornton Jim Allen Shirley Volk, Development Coordinator Jane Kee, City Planner Kent Laza, City Engineer f le o:\group\deve_ser\v\brandy.doc \~ ~' a~ ~ !~~ C/`• :1; Ca 2' ~ CO ~ ~.. ~' ~ t 3 J ~ rv / ~\~ ` -~ R)~ -1 'v ~ ~ ~"- ~ ~ t ~ ~~ ~"off! - .. ~ ~ ( / ~ o 1 ~ \\~ /' ~ J ~/ ~ ~ l ~, o ~ ../ ~ ~ ~ z ti ~ ~ , ~~~ ~.. ~- __ °s® - ~ ~ X00 2 ``~ ~~ ~~ ~ o- o0 1~~~ s~I~N ;o ; x~ ~~ S 2. 7 pl. ,j,_ ;T ~ ~~a ti``' ~4b ~ ~ n z ~ ~ . ~ ~a a ~ ~ ~-~ r~ ~ R; ~ ~ ~ L` ~ ~~, ? ~ ~ -~ J> .A W ~O ~ i # ~ ~ ~, ~ ~ s ,~ ~ i i C~1 rl ~QS 25' ~ ./ ~ / ~ \, ~ ^~ ~ G~ '~ ~ 3 J S ~ ed s ~: -~ `~'~ ~~~ ~~ y vim- -3~~ S`a ~yatP `dv~. ~~ ~ ~: OS L~ BRUCHE~, GOSS, THORNTON, MERONOFF, MICHEL & HAWTHORNS A Professional Corporation ATTORNEYS AT LAW 4342 Carter Creek Parkway, Suite 102 Bryan, Texas 77802 ERNE4T V. BRUCIIEZ Board Certified -Oil, Gas and Mineral Law Texas Board of Legal Specialization JAY B. GOSS Board Certified -Civil Trial Law and Personal Injury Triai Law Texas Board of Legal Specialization KYLE I3AWTHORNE PATRICIA E MERONOFF C. RANDALL 11iiICEffi, Board Certified -Civil Trial Law Texas Board of Legal Specialization WILI,iAM S. THORNTON, JR VTi~IAN A. SCHROEDER Jane Kee City Planner City of College Station 1101 South Texas Avenue College Station, Texas. 77840 May 16, 1996 RE: College Station, L.L.C. to Burton Creek Pub, Inc. Dear Jane: (409) 776-2244 FAX (409) 776-6239 Attached are the revised Restrictive Covenants. Please review these at your earliest convenience and contact me as to whether they are .acceptable as revised. I have the original Letter of Credit, and I understand that. Chris Galindo has the original mylar of the replat. My client is ready to proceed with the replat if you are satisfied. I look forward to hearing from you .soon. Kindest regards, Enclosures 96-1070 William S. Thornton, Jr. ~~ `~ hhiied From: Roxanne Nemcik ;y~~~t~1 a Date: 3/7/96 4:17pm Subject: Brandywine replat Veronica, I am working on an opinion to answer your RFLA on the above listed subject. I have some questions: l.you statated in your rfla that Brandywine corporation has tried to negotiate this cross access and parking but that all attempts have failed. Please explain: -who did Brandywine negotiate with? -what were the terms/conditions of the cross access parking? -why did these negotiations fail? 2.Is staff requiring dedication of the cross access to the city or that Brandywine enter into a private cross access and parking agreement with Ferreri? 3.Can the dumpster be placed at another location on the property? 4. Did K mart own the property or only lease it from Brandywine? Gs~r~ 4-18-96 MEMO TO FILE: i FROM: KENT LAZA AND JANE ~E•`'~ •~ RE: BRAND~WINE REPEAT \,_,f'' Kent and Jane agreed to administratively handle the following without going back thru any platting process. To allow utility easement shown on this plat, as running between the two lot 2s, to be relocated to the western side of the "new" lot 2 (Brandywine lot 2) only IF: Engineering construction docs. show that it will work in this location for all utilities involved. Galindo will submit revised plans showing whether this will work. If it can't work from an engineering standpoint then the easement will remain as shown presently. Once guarantees are submitted we will file the plat. If this does work, from an engineering standpoint, then the easement location will be redrawn by Galindo and once all constructions guarantees are furnished, we will file the plat. Kent and Jane agreed to administratively handle the following without going back thru any platting process. To allow utility easement shown on this plat, as running between the two lot 2s, to be relocated to the western side of the "new" lot 2 (Brandywine lot 2) only IF: Engineering construction does. show that it will work in this location for all utilities involved. Galindo will submit revised plans showing whether this will work. If it can't work from an engineering standpoint then the easement will remain as shown presently. Once guarantees are submitted we will file the plat. If this does work, from an engineering standpoint, then the easement location will be redrawn by Galindo and once all constructions guarantees are furnished, we will file the plat. _~ ..~~ ` ~~~ ~- o .~ \O _ _,`;!~ icy ~~ ~~elE~~ ~~~ia~r~ ° ~~~~~~~€~~ ~~r~~~ ~~~~~~ :, , ~~ ~ x ~ -# 7E~ mss- ., >,~~ LLLL ~ s~i t1 ~~,~A.~`.~ g , Y,~c~~f~. l.~.~ ._ __ _. / a _ ({ sr ~~~~~~ y 7 i F9~v~6ssp~eat ~~ev~ee~ ° ~~i~~~~~~~ ~i~~~~~s~ r ~'~~~~ ~i~.~ ~' ~ c~. ~@~a~ik~l~ sayer i~~~~~~ra~k~/R~~tri~~t~rs~ ~~~~~ 1 $~\, ~~y ~ (,~" Z's ~~~I ~~_ l3~~~~ap~x~~3 ~ea~~~~s - ~~~~~r~~~ 9~€t,`s~:~~a 2 0/13/96 16:16 $=~09 776 6239 BItUCHEZ & DOSS ~~-~ DEVELOPMENT SVGS X1002 REPEAT iVOTATION REs CROSS PARKI11TfY/ACCESS ge A Joint Access and Cross Parking Agreement is hereby created affecting all Lots in the Brandywine Subdivision. See restrictive covenants recorded in the Official Records of Bxazos Countya Texa~;far-e~taf ~~~e~~d r-esg®~ihifi-fie~s°re`lat°t goer-Lets-~-~c-~u~da.~s~ 03/13/96 16:15 '$~09 776 6239 DRLiCHEZ & GOBS -~~~ DEVELOPMENT SVCS x]001 " l BR~7CHEZ, GOBS, THORNTON, ,~„- , ~~~,, MERONOFF, MICHEL & 1-IAWTHORNE, P.C. ~~ ~r„ ~ ~, 4342 Carter Creek Parkway, Suite 102 ~,,~: Bryan, Texas 77802 `~y (409} 776-2244. ~ d CONFIDENTIAL AND PRI'V'ILEGED The mfmmat~an enntaiood in th"s ~k is goivlegeQ and oanfidential infa~atioa iatendcd for the sofa use of the adcheasee. Yf the reader oc this faiaimife is not the mtend~d neapient, or the employCC or agEnc tespoostble four ddiK~ it to the intendc~ 1~ripicnt, you ate hereby notified chat a~ dis;cminstion, disntbutian or ooppmg of this c~matai®tion is strictly paciu-biocd. Tf you lug neoQOed this FAX la error, please immediately trokify the petsfln l~ted bdn~, and iedt~n rho oli9iaa[ message to the ssndcr at the address lissod ahae. COVER SHEET Date: March 13, 1996 To: Jane Kee, City of College Station 'Veronica. Morgan, City of College Station aim Allen, Accord Commercial, Inc. Christian Galindo, Galindo Engineers Frnm: William S. Thornton, Jr. Re: College Station, L.L.C. CommentsJSpecial Instructions: Dear Ladies and Gentlemen: Please review and let me know your thoughts about the attached as a proposed addition to Note 8 on the Repiat. Kindest regazds, Bill Thornton Telecopy Number Sending To: Return Telecopy Number: Total Number of Pages: Sent By: File No.: City of College Station - 764-3496 Accord Commeraal, Inc. - 846-6006 Galindo Engineers - 846-6686 (409} 776-6239 2 (Including this cover sheet) Shawn-Dal for William S. Thornton, Tr. 96-1007 Should you have any problems receiving the Telecopy, please call the sending party at (409) 776-2244, C ~~ ~. ,~ ~ ~ ~, ~~~ ~~ r.j.r./.l.l.r. r.J.r. e: t. r.J. r.; "' ~~':.J.Ll.J.J.J.LLJ.l.r.l.J.r-r . r.J .r.J.J.;.r.r.f.r.r.l.l.,.J.l ~IT1' QF C•QLLE~E ST~6TlaN ` ~AEUELQ~hiENT SERUt~•E~ '.;•l \•\ _\ _l .\•\•\• ~'•l•`•'•`•''`~ ~BLLE~E STATi4N, TEXA~i 7784(3 L•1•\•\•4•\•\•\ 1•\•t \ \ \ .. ./.J.J.t.J.J.r.J./.J.t. t.r.r.. -l•l•l•\•l•1-1-~.\.\.t. ~. ~.~. ~. Off,r,J,r,r:J<r.::J,;:J>;,;,.<;, .r.f.r.r.l.l.l.;-J••.J.l.r.r. ,.J.LJ.~ d•l•l•l•J•J•r-l-l-: •J••.r.J.,.J.f.J., .I.I.J.J.J.J.r.l.l.r.f.r.J.r.r.r.r.r.. 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