HomeMy WebLinkAboutMiscellaneous06/04/96 16:45 'C3`409 764 3496 DEVELOPMENT SVCS
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Facsimile Cover Sheet
To:
Company:
Phone•
Fax:
From:
Company:
Phone:
' Fax:
Date:
Pages including this
cover page:
Comments•
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(40~} 764-570
t409) 764-3496 FAX
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TITLE SLIDE
This request includes .property that was discussed twice in 1994 before the Commission
and the Council.
HISTORY MAP
First request (June: and July, 1994) involved 15 acres at the southeast corner of Sebesta
and SH 6. Was for C-1 General. Commercial. P&Z recommended approval. Staff
recommended :approval to Council conditioned upon: the applicant submitting a larger
rezoning request addressing buffering and step-down zoning issues. Council denied the
request because of a large amount of opposition from nearby .neighborhoods and because
there was no larger zoning.plan. Denial was made without prejudice and applicant came
back with: another request in September, 1994.
That request included 69 acres and was for a combination of commercial, townhome
and multi-family zones. The Commission recommended denial. Again there was
opposition. and concern about additional traffic. impacts. on surrounding neighborhoods.
CC Development Policies subcommittee met three times to discuss the case (once with
the developer .and once with representatives. of the affected subdivisions and once with
staff). Council denied the request on 9'-22-94.
At .the tmerezoning was being processed, CC was entering into. contract with HOK: for
a new Comprehensive. Land Use Plan and Water and Wastewatrer Master Plan.:.
Contract signed August '94 with anticipated completion fall '9S.
HOK SLIDE OF % COMPLETE
Project divided into phases:.
Data gathering phase included public involvement through focus groups and one
on one interviews withpublic officials and community leaders. It also included a
review of existing studies and completing an inventory of physical and man-made
features in the study .area. Large study .are includes the City and an area 4 miles
beyond:. During .this. phase CC approved two additional amendments. to HOK's
contract (one for facilities needs tudy and one. for a housing count. and. condition
survey):.
To date HOK has completed. all data collection for .the 20,000 acres within the
City .and the 4 mile area outside with the exception of the .housing study which is
7S% complete. Have counted 20,000 dwelling units. thus far.
Analysis. of Water/Wastewater systems is well underway. Enterring data into the
water model and .have. developed an outline for the water section of the final
report. Identifying service area connections for entry into the wastewater mndel
and $0 % complete with digitizing the existing land use data for use. in the model.
Over the next few weeks will be completing housing. condition survey, landscape
values evaluation (looking at natural areas that may need to have special
attention) and continuing. modelling of the infrastructure systems.
Anticipating first-.Community meeting to review work to date and get feedback in
early May...
.Update orn HOK progress so P&Z and CC will realize that the City will not have a new
Comprehensive Plan until sometime after. September. HOK will be looking specifically
at the East By-Pass because they understand the sensitivities here. A review of
specific zoning cases is beyond their scope of-services but :the project .manager was in
antendance at one of the previous .hearing. on this case and I have discussed it in general
terms with. him. We have discussed bufferring and even the idea of a parkway running
along .behind the retail uses. The problem is as you move toward Woodcreek the
subdivision is so close to the By-Pass that it makes a parallel roadway not workable.
Are buffering solutions. Not any magdal solutions to this situation. There will always
be areas like this where these conflicts must be negotiated and solutions found that are
fair to the `landowners who want to develop while protecting the neighborhoods. 'That
will always be a difficult thing to accomplish.
HISTORY MAP SLIDE
Staff supported 2nd proposed commercial zonings. That was. because the proposal
included step down zonings to buffer the low density residential areas. This. request does
not ncludethis. step down approach and places the R-1 adjacent to the C-l.
The request is for 5.643 acres of A-P Administrative Professional and 34.020 acres of
C=1 General Commercial adjacent to existing Woodcreek .and 22 acres of proposed R-
1.
Staff is able to recommend approval of this only with the establishment of buffer areas or
landscape reserves. The establishment of these buffers would constitute a change of
conditions in the .area that would be a basis for a zoning change.
Staff recommends approval of this request because .City's. current Development
Policies support commercial land uses. at locations such as this. Policies state that
commercial activities should be located at points of .high vehicular access. Defined
as grade separations. along controlled access freeways and at intersections of
aerterial and cohector streets. Changes. in the. Land Use Plan since the 2818 Study
adoption.:constitute changes that.. justify thee. support for .commercial land uses here
rather than just office uses as shown..
VACANT COMMERCIAL. PROPERTY MAP - ON WALL
Currently there is vacant commercial property located along Texas Ave. , Wellborn
Road, University and SH 6, Most of the .available property along, Texas and Wellborn
is relatively small and would not support large users.. Larger commercial. lots are
located along University and SH 6, but the commercial. lots on University are more
restrictive as they are zoned C-B. SH 6 properties are. the only ones with enough. area
to allow for larger scale developments. These properties are located on either side of
this property under consideration and farther to the south in relatively undeveloped
areas. This intersection has by previous zonings been. established as a commercial
corner.
FISCAL IlVIPACT ANALYSIS-FOR COUNCIL MEETING (+ $366,441)
Staff recommends approval with the following conditions:
RECS SLIDE
1. To insure that. the existing and proposed single family neighborhoods are protected,
the C-1 zoningshould be conditioned upon final platting of the single family area.
The C-1 zoning will not be effective until the R-1 development has final plats. approved
and filed for record.:
2. 'There should. be 25 feet of additional landscape reserve adjacent to the proposed
R-1 to increase the 1O foot buffer strip shown on the. proposed R-1. The landscape
reserve. should be developed prior to any :development on the C-1 or A-P tracts and
should include berms, trees and other plantings as well as a brick wall along the
common boundary.
3. Along the remainder of the .common boundary between the C-1 and R-1, the
landscape reserve .area should be extended to include the creek. If leaving the
creek in its natural condition. is preferable., staff would :recommend that be done and be
contained within the landscape reserve area. If the natural condition is not preferable,
staff would recommend that it be improved and a minimum 25 foot landscape reserve
be platted and :developed as in item 2 above.: This reserve should be in place prior to
any commercial or A P development.
4. A 20 foot landscape reserve should be provided adjacent to the existing
Woodcreek development along the common boundary of the proposed A-P. This. should
consist of screen fencing. (which is required by ordinance) but should also consist of
additional vegetation along the common ;property lines. This should be installed prior
to any development on the commercial or A-P tracts.
5. The entrance drive for the R-1 should be a boulevard section as shown to lessen
the impact of a single access subdivision.. However, as the remainder of the properi:y to
the east develops, particularly if it is residentially zoned, there should be two access points
on Sebesta to avoid a single access subdivision. Secondary access. is most important for
efficient public .and emergency service, as well as for convenient traffic circulation...
6. The Project Review Committee,. in reviewing site plans. for the commercial and A-
P tracts should use its discretion within the Germs allowed by the Zoning Ordinance
to lessen 'as much as possible any negative impact of these developments on
surrounding residential land uses. One of HOK's comments in our .discussions was that
this case has really more to do with building and site design issues than zoning issues: Our
PRC is a public meeting where site plans are reviewed. PRC does not. have full unbridled
discretion but there are areas where it does have discretion and would use this in this rase.
The'conditons of this rezoning however, strengthen their ability to use this discretion.
7. Access should be denied to Sebesta for the. commercial tracts. In the event that; the
corner is platted and developed as a neighborhood convenience facility (i.e.; gas station,
convenience store, cleaners, etc.) access should be considered to .Sebesta. This will allow
the convenience,goods to be accessible to the surrounding neighborhoods.
TRAFFIC ISSUES
Traffic: Using: standard ITE (Instate of Traffic Engineers) trip generation
numbers and reasonable assumptions of what could develop locally on this site,
staff can estimate the traffic that would be generated at full build-out under various
scenarios.
If the entire 69 acres were to develop .residentially .(this excludes the Ledbetter
tract which is not under consideration) it would generate approximately 2800
vehicles .per day. This traffic .would be dispersed across both Sebesta .and the
Frontage Rd: Residential development would likely increase the cut-through
traffic that has been a problem in the Emerald Forest Subdivision as a result of the
conversion of the frontage roads to one-way.
By comparison if the entire 69 acres develops as proposed, it would generate
approximately 20,400 vehicles per .day. The net effect on surrounding residential
areas would be about the same if access to Sebesta is denied from the commercial
tracts.
If the Ledbetter tract develops residentially (staff would not support (nor does the
existing Land Use Plan) any uses other than residential. on his property) it will add
an estimated 1880 vehicles per day to Sebesta Road.
Sebesta,Road and the Frontage Road are both designed to handle these. increases
and still maintain an acceptable level of service.
Parkland.: There is an area shown as parkland which is not included in the
rezoning as it is currently zoned. A-O. The Parks. Board will discuss this property
and make their recommendation at the time of platting.
NOTIFICATION;
Legal Notice Publication(s):
Advertised Commission. Hearing Date(s): 4-6-95
Advertised Council Hearing Dates: 4-20-95
Number of Notices Mailed to Property Owners Within 2.00' : 58
Response Received: Several Inquiries/Opposition
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~lat~rai state #ar it#e of
the ®eed FBestrictle~ns
2
11/1/95 09:25
$~09 76~ 352 COLL STA PUB tiTL f~j 001
Post-lt°° brand fax transmittal memo 7671 #oipages
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'['ho College Station Fire DepartmCnt upposes~the Proposed closing of Bent Yee Drive and Sebesta Rd ,
intersection due to the following concerns.
Closing the intersection of SentTree and Sebesta rd. eib nor ~x~~lytwo minutes. th('h~s increase is • .
Rosebud Court, Gree4wood, Driftwood, and Bent Tr Y PP wa of Fmeralcl
due to fire ~yparatus sad other emergency vehicles required to enter Emerald Forest by y
parkway, or Sebesta at Gre~enieaf rather than the Sebesta at Bent Tree route.)
• Any increase ui respo:se time to an existing emergency greatly increase& the poficntial for the. emergency to
be~ catastL ophic_ We have spent. a great deal of time insuring that we can respond to as much of our
community as efficiently as possible. Our continued success literally is measured ~ thshou d enhance our
to get to an emergency incident Changes in existing infrascNCture of this community
.response time not diminish from it.
Chapter 3 (Building Regulations} Section 3 D. (i) attd again in Chapter 4 (Subdivisions) Section S-G (5 -
6} of the College Station City Ord es a, p~~ ~~ ~ ~a~a for all cul-des ac sw'lthin the city limits of f
a cul-dasao on the other hand req u
Collage Station.
'Ihe value of these standards plays. a major tale for the fire departmm t~tbis e6sen a~to effic ent operatp~ons.t
we operate. '174e ability. to maintain high mobility with large equip aratus m their movement and turn .
:Closing Bent Tree will create a condit"son that limits emergency app amtus will place an
. atoned capabilities. Placing this type of restriction on the operation of emergency app
. .undo hardship on skis neighborhood concerning tiTe.protection, and emcsgeacy medical services.
In conclusion it is our position that the intersectionT nfBenot'~main open lets us better serve tl7isle asset to
the neighborhood that it serves. We feel that alto g
comflt~untty- ff
David Giordano
Asst Chief Operations
C S. Fire Deaprtatent
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JAN. 29. 1996 4:13PM P 1
FROM : MUNSCH PHONE N0. 12148557584
..
ATTORNEYS & COUNSELORS
MUNSCH
~AI~T 4000 FOUxI'AIIV PtacE
1445 ROSS AVENUE
KOPF ~ I?,4I.I.AS, TExas ~saoz-279o
'I~tEPxoNS: (214) 555-7500
HARR & ~ Fax: (214) 855-7584
DINAN
A PROFESSIONAL r -- ~ -- -
CaRnoRa'noN
To: Ms. Jane Kee
Firm: City of College Station
Fix #: {409} 764.3496
PLunr #: (409) 784-3370
From: Rob Baldwin
Phone #: (214} 855-7582
Subject: Draft deed restrictions -Revised per Bill's comments
Pages: 6 (including this cover sheet}
Hard Copy of Document to Follow: No
C/M#: 3021.1
Spacla! Measagea:
Attached pleas@ fled the revised draft deed restriction for the 34-acre tract that
Bob Bower is requesting to `iRezone. PI@ase 17ote that section A was changed
to require mechanical equipment to be screened and section F was revised to
ref@r@nC@ the City's. 9xistinp nuisance ~eAufati~ns. Pleases call mo with s~ny
questions, comments or changes. Thanks.
Confidentiality Expectation
THE INFORMATION CONTA,MED M THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED
ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT, OR TIC EMPLOYEE OR A(Dl?NT RE5PONSIBLE TO DELIVER IT TO TI3E INTENDED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OP 'PHIS COMMUNICATION IS STRICTLY FROHIBITED. IF '
YOU HAVE RECEIVED THIS COMMUNICATION 1N ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN
THE ORIGMAL MESSAGE TO US AT THE ABOVE ADt?RESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
Should. you encounter any difficuities with the r®ception andlo~ quality of this transmission, please cant~oct our
Telecommunications Department at {214f 880.7607.
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ATTORNEYS & COUNSELORS
. .. ,
MUNSCH
HARDT ~ °wa,~~ ? s~°~~~,,
KOP F
HARRN
DI NA
A PROFESSIONAL CORPORATION
1/23/96
Jane Kee
City Planner
College Station, `TX 77845.
4000 FOUNTAIN PLACE
1445 ROSS AVENUE
DALLAS, TEXAS 75202-2790
TELEPHONE. (214)855-7500
FACSIMILE (214) 855-7584
WORLDWIDE WEB HOME PAGE
HTTP://RA M PAG ES.O N RA M P. N ET /~ M U N SCH/
WRITER'S DIRECT DIAL
855-7582
RE Proposed deed restrictions. fora 34.1 acres in the area of Sebesta Road and the
East Bypass
Dear Jane Kee:
Thank you .very much for attending January 16, 1996 meeting at Texas Digital Systems,
Inc. where we discussed Bob Bower's proposal to construct a new headquarters on the above
referenced properly.
As promised, .attached please fmd a copy of the proposed deed restrictions for this
property. As you can see,.. these. proposed restrictions limit the permitted uses as well as prescribe
construction and development. standards for. this property. These restrictions are intended to be
filed with the .County Deed Records and are. currently written. in such a way that the City of
College Station is responsible for enforcement. Please note that the. City is reviewing these
restrictions and will probably suggest more modifications. We welcome you comments on these
proposed restrictions.. Also please find a summary of the January 16, 1996 meeting .for your
...information.. Please'let me l~no`v if you haze ar~y questions or co~r~rne us abut the Content of this
summary.
Again, thank you very much for taking .the time to attend the meeting last week.. Please
call me at (214) 855-7582 if you. have any questions or comments.
Ver truly yours,
r
illiam S. ahlstrom
WSD:rbb
cc: Council Member Crouch
Jane Key
P:\REAL\3021\1\[-IOMOW NR3.MER
1 rbb 1/22/96
January 26, 1996 ,~~ ~~/`~
~i
TO: Sebesta Road Area Representatives
Bill Dahlstrom, Attorney
Bob Bowers,. Texas Digital Systems
From:. Skip Noe, .City Manager
Re: Pending Application for Rezoning
The purpose of this memo is to articulate the agreement that has been reached among the
parties relative to the development of this tract by Mr. Bowers for the expansion of TDS
and similar businesses in the future.
1. The case of M-1 zoning will continue as an interim zone.
2. Mr. Bowers willfile deed restrictions as interim protection to limit the potential land-
uses on the site. A copy of the draft has been prepared and should be provided to the
parties. The City under that agreement agrees to provide enforcement.
3. The staff has been directed by City Council to prepare a new.. zoning district which
would be a variation of M-1 designed for high tech businesses similar to TDS and
consistant with the land uses that are allowed under. the proposed covenants. All
parties will be allowed to review the proposed zone prior to presentation to the
Planning and Zoning Commission or City Council to ensure that it meets the
understanding herein.
4: Once the new zoning district has been approved, the parties agree that the subject
property will be rezoned from M-1 to the new district. The deed restrictions would be
eliminated at that time.
This is my understanding of what has been discussed. All of this would be subject to
approval by the Planning and Zoning Commission and City Council. If this reflects
the understanding of all of us, I will have it drafted in the appropriate legal format.
I look forward to hearing from you on this matter.
Skip Noe
City Manager
cc: Jane Kee
Nancy Crouch
Lynn McIlHaney
FROM MUNSCH
JAN. 25. 1996 10:15AM P11
PHONE N0. ~ 1214E5575E4
NAME ADDRESS P)ETONE NO.
Bill Dahlstrom 4000 Fountain Place 214/855-7582
.1445 Ross Avenue
Dallas, TX 75202-2790
Wayne Steelman 9273 Brookwater Circle 409193-5865
College Station,, TX 77845
Curtis C. Stauffer, M.D. 9206 Sunlake Ct. 409!693-3588
College Station, TX 77845
Col. and Mrs. R, E. Wilson 9245 Brookwater Circle 4091693-5055
College Station, TX 77845
Sherry Ellison 2705_ Brookway' Dr. 409!696-6793
College Station, TX 77845
Bab Long 2612 Sandlewood Ct. 409!764-4553
Co1l~ge Station, TX 77845
Larry Teverbaugh 9225 Brookwater Circle 409!696-1616
College Station, TX 77845
Judi Bigda 2205 Bent Oak 409!696-5308
Cotiege Station, TX 77845
Jane Kee City l?lanner 409!764-3570
City ofCoIlege Station
Wayne T, Rufe 9255 Brookwater Circle 409/764-8382
College Station, TX 77845
Keith Kutler 111 i BriarcreSt Dr. 409!776-1111
Bryan, TX 77802
Bob Albanese 9407 Scarborough Dr. 409!764-1721
College Station, TX 77845.
Rob Baldwin 1445 Ross Ave., #4000 2141885-7503
.Dallas, TX 75202-2790
Craig Hall 1702 Amber Ridge
College Station, TX 77845
Stacy Gunnels 1007 Howe
College Station, TX 17845
Ray Marlyn 7803 Appomattox 409!693-9106
College Station, TX 77845
Susan Clegg 9002 Sandstone 409/696-7691
College Station, TX 77845
P:IREALI3 0211 I IA T"CEN D 16. L ST
1 kjg 1!1')/96
~(r ~ ~ (~ 9'` 1 r~ ~ ~ -~---
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®•> CITY OF COLLEGE STATIOI`I .
Post Office Box 9960 1101 'texas Avenue
College Station, Texas ?7842-9960
(409) X643500
G ~~ ~ ~~9~
March 8, 1996...
1VIr. William S. Dahlstrom
Munsch Hardt, Kopf, Harr & Divan
i
4000 Fountain lace
~ 1445 Ross Avenue
Dallas, Texas 75202-2790
Re: TDS Rezoning in College Station
Dear 1VIr. Dahlstrom:
Pursuant o our telephone discussion, I have drafted the release provision to be
added to the restrictive covenants that are to be filed on the tract of land owned by Mr.
Bowers. Please review it, and if it meets with your.. approval, incorporate it into the
restrictive covenants.
I have completed the rezoning ordinance and sent it to Jane Kee four inclusion on
the Council agenda. Jane and I agree hat it would be -best for you to submit the final:-
restrictive covenants to the tall with the platting of the property. At the same time you
can discuss with staff during the .platting process the amount of property to be dedicated
to the City to give it a property interest sufficient to enforce these restrictive covenants. I
am sure you are aware that the property can either be dedicated by plat or deed and you
can discuss this with the Planning Department as well.
If you have any questions or comments, please feel free'to contactme. The release
language follows hereinbelow: `
'', RELEASE
The City by .this Agreement does not consent to litigation, and the City
hereby expressly revokes any consent o litigation that it may have granted
by the terms of this Agreement, charter or applicable state law. The
rrwlc:/mr-ap96/tdsreldoc
FI®ene of Texas ASM tlniverslty
;~
Letter to Mr. Dahlstrom
March 8,1996
Page 2
property owner, -his successors, .heirs :and assigns who take any interest in
the property that is subject to these deed :restrictions, hereby .agree to
release, relinquish. and discharge the City, its officers, agents, and
:employees from all claims, demands, and: causes of action, including the
', cost of defense thereof, that is caused by or alleged to be caused by, arising
out of, or in connection with, the City of .College Station's enforcement of
these restrictive covenants. This release hall .apply :regardless of whether
said claims, demands, and causes of .action area covered in whole or in part
by insurance and regardless of.whether such damage was caused in who-le
or in part by the negligence of the City:
Yours sincerely,
~~~r~~~ ~>rn-~
Roxanne Nemcik
Senior Assistant. City Attorney
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FEE-15-1996 1Ea12 FROM FILL LETEETTER
IA i~ifY~a IDe I~bett~t
TO 14097643496 Pa01
fax (~
FAX
TO: CITY QF COLLEGE STATION PLANNING 8~c ZONING COMMISSION
ATTN: Jane Kee / City of Cogege Station Planning Dept. @ {409} 7b4349b
Total No. Pages {indudingthis Cover Page: t pie
PP ~~ e fir,
FROM: WiI[iam D. Letbetter, Ph.D. W .~~.
DATE: February i 5, 1996
RE: Rezoning Request {City of US Case No. 96-) 00)
Only upon receipt of a "Notice of Public Hearing" {dated 1 / 19I9b} on January 22, 199b
from the City of College Station did 1 become aware of the above•referenced .matter. I, at
least initially,.. am representing the interest of my family (Letbetter} who owns the 4 j + acres
of {A -O}-zoned property east o€, immediately ad}acertt to, and between tFte parrs[ proposed
for rezoning and Foxfire, and this matter is of particular personal and fnancial interest to us.
Fortunately, since that time, all paRles who appear to have interest In the outcome
of this hewing have been most cooperative in bringing me up to speed on the relevant details.
For that I _am rnost gratefu) to the following peoples Sabine Kuenzel and Jane Kee of the City
of College Station Planning Division; Skip Noe. of the. City of CoI[ege Station; Ray Martin,
Chairman of the East6ypass Homeowrtes3 Cooperative; and, finally, Dr. Robert Bower, CEO
of Texas Dlgltal Systems and his Counsel, William S. llatrlstram. From them, I have teamed
that, at this point, most {if not ail} parties who have expressed an interest in this. rezoning
matter have reached a consensus that the proposed change in zoning of the 34.1 subJect
acres to M-1 Planned lndunrlal 'with voluntary deed restrictions, which will subsequently
become a new zoning category ratted, perhaps,. "R Bt Q'° upon appropriate action at a later.
date by the City of College Station, is acceptable.
In ~ener 1, we also can accept this general conceal Qf a new "Mixed-Use" zoning
dassiflcation. However, I do express a genera[ cancem ,about the dangers in pre-approving
an °'as-yet-not-clearly-deflned° zoning entity. I'm concerned also about the fact that there
apparently is still neither a completed Comprehensive Plan from HC+K nor an approved one
by the C;Ity. It would seem, on the basis of what Information l have received, Cha[ if our
property likewise could eventually be rezoned: to, at least, the same mixed-use category as
propncpd for the _ad)acent property under.. consideration here, our future personal and
financial interests would be safeguarded and preserved as well as those of the other .parties
implicated here tonight.
Thanks for your consderation of our concerns.
02!15/96 10:19 '~ OCEAN DRILLING f~j001
2907 Adrienne Drive
College Station, TX 77845
February 15, 1998
City of College Station
Planning and Zoning Commission
City Hall
1101 Texas Avenue S.
College Station, TX 77840
Via Fa ~ 64-3498
Re: Request to Rezone 34 acres at Hwy 6 Bypass 8~ 5ebesta Road
Comments for2115/96 Public Hearing
Dear Commissioners:
This is to express my opposition to the. request to rezone 34 acres of la«d at the
Hwy 6 Bypass. and Sebesta Road in College Station to "Planned Industrial."
Many residents .have invested in homesites in the adjacent area based on the
zoning specifications in effect, and a change to the zoning. criteria would alter the
nature of their residential environment. !t would also affect neighboring facilities,
including a recreational. site and an existing church.
The issue is whether the City of College Station intends to honor their original
zoning commitment and the good faith investment of those who would be potential
neighbors. The request for rezoning keeps resurtacing, in spite of continued objections
from concerned citizens. Please vote NO to this request and resolve this conflict once
and for a1l_
Respectfully yours,
~~'~.~~
Linda K_ Norton
l ~~ j, f
t °~rv ~~_
,,
~•~ CITY OF COLLEGE STATIOI~I
~'~ LEGAL DEPARTMENT
/ POST OFFICE BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960
(409)764-3507
MEMORANDUM
TO: Jane Kee, City Planner
Skip Noe, City Manager
FROM: Roxanne Nemcik, Senior Assistant City Attorney
RE: TDS Rezoning -Covenants and Restrictions
DATE: February 15, 1996
~~
QUESTION PRESENTED:
Whether the City can enforce private deed restrictions if the property owner designates
and authorizes the City to do so.
FACTS:
Texan ®igital Systems is a .company .that currently operates a business in College
Station. It's owner, Mr. Bob Bowers, owns a parcel of property along the bypass of
approximately 34 acres and wishes to relocate and consolidate his business at this site.
This parcel is currently zoned R-1 and A-0. Bowers has filed an application to rezone
this property from.-the current classifications to M-1.
The adjacent property owners are concerned about the compatibility of adjacent uses in
having M-1 abut up to R-1. The applicant is willing to file deed restrictions on his
property addressing public concern and to leave the creek area as a natural reserve,
thus creating a buffer zone .between':. the residential property and the M-1 zone.
Additionally, the applicant has indicated a willingness to down zone his property from
M-1 to a new district zoning classification Ghat. is currently being drafted by the Planning
Department that would be the substantial equivalent of the M-1 zoning wi h deed
restrictions and would be more compatible zoning district abutting up to residential
property.
js/c/feb96/tds.doc
Jane Kee
Skip Noe
February 15, 1996
Page 2
DISCUSSION:
1. Who can enforce restrictive covenants?
Generally, restrictive covenants can. only be enforced by parties to the restrictive
covenant or agreement, or by those who can prove that .the. covenant was imposed on
land for the benefit of iand .owned by them. Baker v. Alford, 482 S.W.2d 9~8, 909
(Tex. Civ. App. -- Houston [1st .Dist.] 1972); Davis v. Skipper, 83 S.W.2d 318 (Tex.
1935); see generally, 51 A,L.R. 3D 556, SECTIOnI 4(a)~. The right of a person not a party
to a restrictive covenant or agreement to enforce it depends upon the. intention of the
parties `- that is, where the restriction. is created by deed, the intention of the grantor
and the .grantee -- in imposing it. Interstate Circuit, Inc.. v. Pine Forest Country Club,
409 S.W.2d 922, error ref. n.r.e. (Tex. Civ. App.. -- Houston [1st Dist] 1966, r.n.r.e.). In
order to confer a right of enforcement upon one other than a party to the agreement, it
.must appear that it was.. intended to create a servitude or right which would inure to the
benefif of the Land acquired by,them_ Interstate Circuit, Inc. V. Pine Forest Country
Club , 409 S.W.2d 922, 926-27 citing Davis v. Skipper, 83 S.W.2d 3.18 .(Tex. 1935). In
the absence of proof either that the plaintiff is a party to the covenant or that: he is an
intended beneficiary because the restriction benefits his land, the. covenant is
considered a personal. rather than a' real covenant. ld. at 926, Baker v. Alford, 482
S: W.2d at 909.
11. The distinction between "real" and "personal" covenants
-The primary. distinction between real and personal covenants is that real covenants run
with the land, binding. the heirs-.and assigns of the covenanting parties, and personal
covenants do not. In order to "run with the land", a covenant must be made by parties
in privity of estate 2 at the time the. conveyance of property is made.. Tarrant App. D. v.
Colonial Country Club, 767. S.W.2d 230, 235 (Tex. App. -- Fort Worth 1989, no writ);
Clear Lake Apts: v. Clear Lake Utilities, 537. S.W.2d 48, 51 .(Tex. Civ. App. -- Houston
[14th Dist.]), modified on other grounds, 549 S.W.2d 385 (Tex. 1.977). In Texas, to
establish a covenant that runs with the land the requirements are:
Annotation, Comment Note -- Who may .enforce Restrictive Covenant or Agreement as to Use
Of Real Property.
2"Privity of Estate" means that there must be a mutual or successive relationship to the same
rights of property. Westland Oil Development Corp. v. Gulf Oil, 637 S.W.2d 903,.910-11 (Tex. 1982).
js/c/feb96/tds:doc
Jane Kee
..Skip Noe
February 15, 1996 .
Page 3
1. .there must be "privity of estate" between the parties to the
agreement;
2. the covenant must relate to something in existence, or specifically
bind the parties and their assigns;
3. the covenant must touch or concern the land;3
4. it is intended by the original covenanting parties that the restrictive
covenant run with the land;4
5. the successor to the burden has notice.
Unless all of these `requirements are met, the covenant cannot run. with the land and
cannot bind subsequent purchasers.s
On the other hand, personal covenants bind. only the actual parties to the covenant and
those who purchase the land with notice of the restrictive covenants, if the restrictions
concern land or its use. Frey v. DeCordova Bend Estates Owners Assn, 632 S.W.2d
877, 879 (Tex. App. -- Fort..Worth 1982), affd, 647 S.W.2d 246 (Tex. 1983). However,
-the #act that restrictions are based upon personal. covenants does not affect their
validity. Tarrant App. D. v. 'Colonial Country Club, 767 S.W.2d at 235. Rather, it
determines vvho is bound by the restrictive covenant,; not whether the covenant is valid,
Id. Thus, in cases where covenants are personal rather. than real, to ensure
subsequent purchasers are bound by the restrictive covenants,. ..they must take the
property with. notice of the covenant or servitude.6 Id.; Col um v. Neuhoff, 507 a.V1/.2d
920 (Tex Civ. App. -- Dallas 1974, no writ}.
3The term touch and concern has been .interpreted as (1) affecting the nature, quality or value of
the thing independently of collateral circumstances or (2) if it affects the mode of enjoying it or (3) if the.
promisee's legal relations in respect to that land are increased -- his legal interesf as owner rendered
more value by the promise. Id. at 911..
4lntent of the parties is determined from the language of the deed itself. Jim Walter Homes v.
Youngtown, Inc_, 786 S.W.2d 10, 12 (Tex. App. -- Beaumont 1990, no writ).
5lnwood Homeowners' Association v. Harris, 736 S.W.2d 632, 635 (Tex.. 1987); Billington v.
Riffe, 492 S.W.2d 343, 345-46 (Tex. App. -- Amarillo 1973, no writ); .Jim Walter Homes v. Youngtown,
Inc., 786 S.W.2d 10 (Tex. App. -- Beaumont 1990, no writ}.
6Notice, in law, is of two kinds, actual and-constructive. Constructive notice is implied by law
from duly recorded instruments or from the possession of land. Sickles v. White, 66 Tex. 178 (1886};
Westland Oil Development Corp. v. Gulf Oil, 637 S.W.2d at 911. Actual notice. can be of two kinds,
express and implied'. Id Express actual notice, is express knowledge of a_facta Woodward v. prfiz, 237
S.W.2d 286 (1951)... Implied actual .notice or inquiry notice is an inference of fact. When a person. has
knowledge of such facts as would cause a prudent man to make further inquiry, he is chargeable with
notice of the facts, which by use of ordinary intelligence, he would have ascertained. Flack v. First
National Bank of Dalhart, 226 S.W.2d 628 (Tex. 1950).
js/c/feb96/tds.doc
Jane Kee
.Skip Noe
February 15, 1996...
Page 4
lll. Exceptions to the. General Rule Concerning
Enforcement of Restrictive Covenants
a. Governmental. entities
There are two Texas statutes in which the legislature has recognized public interests in.
enforcing restrictive covenants without having a property interest or owning a property
that is an intended beneficiary: The TExAS t_OCAL GovERNMENT Co~E7 and THE
GREENBELT AcT8. Through these statutes .the legislature authorizes .the designated
governmental entity the authority. to enforce restrictive covenants on private land even
.though. they do not have a concomitant property .interest. Consequently, the legislature
has carved out an exception to the. common law and allowed municipalities without
zoning ordinances with a population of 1.5 million or more to enforce restrictive
covenants as if they owned benefited property. Similarly, THE GREENBELT ACT affords
landowners the right to have their property taxassessedaccording to the act if they
restrict the use of their Land ao scenic, park and recreational use and incorporate the
language. of article 7150n and subchapter F .into the deed restrictions., Texas courts.
have held such a reference to the statute as sufficient to manifest the parties' intent o
create, and the terms necessary. to create, a valid and enforceable legal covenant.
See, Tarrant App. D. v. Colonial Country Club, 767 S.W.Zd 230 (Tex. App. -- Fort
Worth 1989,.. no writ). It should be noted that the court, withouf expressly articulating,
infers that the state has acquired a right in the property by virtue of affording ahe owner
a reduced tax assessment. This case is distinguishable from our rezoning case for two
reasons:' First, the legislature has' not specifically authorized a city of our size the
ability to enforce deed restrictions, and second, the GREENBELT AcT does not apply to
municipalities.
My research ..has not. uncovered a Texas case that addresses the. issue in this
memorandum -- Does a municipality have legal standing to enforce deed restrictions if
they are named as the enforcing party in deed restrictions by parties to the restrictions
but do not own benefited. property? It is unclear. If ahe courts decided the issue in the
affirmative, it would be on the theory of giving effect to the intention of the parties. On
the other hand, it would be just as likely that the court could .determine the City does
not .have standing to enforce -these restrictions absent a property interest to the
property subject to the restriction or benefited by them.
TEX. LOCAL GOVERNMENT CODE, SECTION230.001 ET SEQ.-- ENFORCEMENT OF LAND USE
RESTRICTIONS CONTAINED IN PLATS AND OTHER INSTRUMENTS (VERNON SUPP. 1995),
8TEX. TAX CODE ANN. SEC. 23.82(C) (VERNON 1992)
js/c/feb96/tds.doc
Jane Kee
Skip Noe
.February 15, 1996
Page 5
b. The Texas Property Code
SECTION 202.004(8) of the TEX. PROP. CODE (VERNON 1995) allows "a property owners'
association or other representative designated by an owner of real property may
initiate, defend, or intervene in .litigation. or an administrative proceeding affecting the
enforcement of a restrictive covenant or the protection, preservation, or operation of the
~~
property. covered by the. dedicatory instrument . Under this section the property owner
could designate the City as its representative to enforce the deed. restrictions by
expressly stating so and referencing the above-mentioned. section of the Property
Code.
CONCLUSION:
The City can enforce deed restrictions in this case by being named in the restrictive
covenants in one of two ways:
1. Name the City as the designated representative under the PROPERTY' CODE
SECTION 202.004(b) in the restrictive covenants. Under this method, the City does not
have to have a property interest. However, the problem with this option is .that until the
owner sells or conveys any of the property, the deed restrictions could be considered
ex paste and unenforceable because as sole owner of the restricted property he can
modify or remove the use restrictions at will. See e.g., Burns v. Wood, 492 S.W.2d
940, 943-44 (Tex. 1973).
2. Name the City as the enforcing entity in the restrictive covenants and either (a)
convey a small parcel of land to the City so that it becomes a party to the restrictive
covenants.. by virtue of the conveyance of a piece of the property or (b) specifically state
that the restrictive covenants are to benefit the adjacent property that the City awns as
park land.
The most conservative method to ensure that the City would obtain legitimate
enforcement authority of the restrictions would be to use method No. 2 above and have
the owner convey a small parcel of the property to the City. In this way the owner has
made a conveyance of the property, thus ensuring that the restrictive covenants are
binding upon him and the City has a property interest and can enforce the restrictions.
Finally, the enforcement. of deed restrictions by a municipality is a proprietary and not a
governmental function. Cf. City of Houston v. Muse, 788 S.W.2d 419, 422 (Tex. App. --
Houston [1st Disf ] ~ 990, no writ). As a result, it would behoove the City. to ask the
js/c/feb96/tds.doc
Jane Kee
Skip Noe
February 15, 1996
Page 6
property owner to release and indemnify us for the enforcement of the deed
restrictions.
F2N:jls
js/c/feb96/tds.doc
a
'Meeting with Bob. Bowen
and East. Bypass. Area
Property :Owners and Homeowner's Associations
Tuesday, January 16,1996
7:30 - 10:00 PM
Texas. Digital Systems' .Offices
The. purpose of this meeting ; vvas to alley Bob. dower tQ present .his proposal for a new
headquarters for Texas Digital Systems, Inc., on a 34-acre parcel east of -the East Bypass and
south of Sebesta Road, to the surrounding property owners and Homeowner's Associations.
The meeting was facilitated by City Councilmember Nancy Crouch, representatives from the
Woodcreek, Emerald Forest, Foxfire Stonebridge, Shadowcrest and Amberlake neighborhoods
and. representatives of the owners of the subject property participated in the meeting. Jane Kee,
the City Planner for College Station and twa staff planners also attended this meeting. A complete
list. of the..participants can be found attached to this document.
The meeting began with. Councilmember Crouch setting the agenda and. ground rules for .the
current meeting and. by Ms. `Crouch reviewing the outcomes of the. first meeting with the
neighborhood representatives, .which was held in June of 1995.. In the previous meeting, the
neighborhood representatives determined that the following uses were acceptable on the subject
parcel:
l . The land uses should reflect the uses listed in the HOK Plan.
2. Planned .Unit Development (PUD) with patio homes or single-family
townhomes
3. . M-1 Light Manufacturing
4. Government Dses
5. Churches
6. Service uses
a. .daycare
b. dry cleaner
c. video stare.
d. pharmacy
e. quality restaurant
7. Light Retail
8. Retirement housing
9. Professional offices
The group also reached consensus that the following uses were unacceptable at this location:
®RAFT
January 22, 7996
i ~
. 1. Automotive body shop
2. Apartments
3. Large. retail .(such as a Wal-Mart or Office Depot)
4. Auto dealers
5. Oil field supplq/pipe laydown yard
6. Night Club
7. Service Station
CRAFT
January 22, 1996
The meeting was then turned over to Bill Dahlstrom who discussed that a rezoning request has
been filed. for the property and that time is bf the essence for getting this project under. way.. Mr.
Bob Bower then. explained to he group what: Texas Digital Systems ("TDS") did and provided
a brief description of the history of the company and a summary of the products the Company
designs. and assembles. The,participants were thengiven a tour ofthe existing facilities.
Once the tour was .completed, Mr. Bower's architect, Bill Scamardo, showed the participants a
model of the proposed technology park and renderings of what TDS' new buildings would look
like. The participants were invited to ask questions about the proposed project. Mr. Bower then
.initiated a discussion with the property owners' regarding the deed restrictions he was. willing to
place on the. property. The proposed deed restrictions would limit permitted uses and establish
architectural and operational requirements. Mr. Bower also promised to keep a significant "no-
build" area between his proposed. project and the homes that back up to this project.. Mr. Bower
agreed to sell-a portion of the no-build area to the adjacent'property owners if there is interest in
..the proposal. and if the property owners agreed to erect a fence'between the two uses...
Councilmember .Crouch then opened the discussion on the merits of ;the proposed project.
Generally, everyone was supportive of the project itself, but there was agreement that the
residential property owners did not trust the City's development system to guarantee that the
project would be built as promised, if at all. Mr. Martyn expressed his opinion that no rezoning
should be approved: before the.:. Comprehensive Plan, currently being prepared by HOK, was
adopted and the new Mixed-Use zoning classification.. was developed.
Other issues .that the surrounding property owners had concerns about included:
1. Who. was going to guarantee that the. offered deed. restrictions would be enforced?
Would the City be responsible for the. enforcement, or would the property owner
be responsible?
i
DRAFT
January 22, 1996
2. The traffic circulation issues in the .area must be addressed. It was suggested that
the Technology Park construct an additional access point. from the Bypass service
road, which would be in addition to the access: point from Sebesta Road. There
was also a discussion of techniques to "calm" the cut-through traffic that residents
'~ of Emerald Forest are now, experiencing.
3. There was concern aboutthe development ofthe front half of the propertry. This
.property is not part of the current rezoning'request or development plan. It was
suggested that he development of the back part. of the property would set the
I' "tone" for the development of the front part.
4. There: was also a concern "that: this rezoning. would set a precedent for the
1 remainder of the property along the Bypass.
1
5 . Questions.. as to the definition of "mixed-use" development were also raised. The
definition of mixed-use that was presented by HOK was read to the audience..
6. One member of the audience wanted to know ifthe use of the project would be
environmentally friendly and if there would be toxic chemicals used on the site.
Mr. Bowen told her that no' toxic chemicals would be used in this location.
7. Finally, the audience questioned. whether any .agreement reached would be
enforceable in the future.
When asked what they liked about the project, -the audience stressed that they liked the proposed
plan and that this plan. was much better than any other development. proposal that has been
presented for this property. There was a consensus that high~technology use was acceptable for
his property, and that Mr. Bower ran a business that .was responsible and cared about the
.community. Finally, the audience hoped that the. quality of the. proposed plan would set the tone
for quality development for the front parcel and for other properties along the Bypass.
'..The audience requested that the deed restrictions be available for review prior to the rezoning
hearing. Mr. Bower assured everyone'that each participant will be sent a copy of the proposed
deed restrictionsprior. to the Planning and Zoning Commission hearing.
~i
I
The neighboring property owners suggested that .:they could:. support the proposed plan if the
following conditions could be met:
1. That enforceable deed. restrictions were prepared and recorded- with the .County
Deed Records..
2. The existing traffic .problems should be addressed.
i
®RAFT
January 22,1996
3. The owner agrees. not to oppose a future City initiated rezoning of the property if
'' - 'the proposed plan is not begun within a specified period of time.
4. The "no-build" area must be maintained by all future owners of lots within the
technology Park.
The final conclusion was that the .proposed plan was good, but the neighboring property owners
distrust the rezoning and development process.
P: \REAL\3021 \ 11RES ULTS2. DOC
1 rb 1/21/96
i
II
I
;a
z
Meeting with .The East ..Bypass Development Group
and Adjacent Homeowner's Associations
Tuesday, June 27, 1995
7:00 - 9:.00 PM
College Station City Hall
The purpose of this meeting was to initiate a dialogue between the owners of the property on the
northeast corner of Sebesta Road and the East Bypass and the. representatives of the residential
subdivisions located adjacent to the property. Another purpose. of the meeting was to get all
parties to agree on the key issues that should be considered in the development of this property.
l ~'
The meeting was facilitated by Cit}= Council Mer~~be~ Nancy Croach, repr.~sertatives from the
Emerald Forest, Foxfire, Stonebridge, Shadowcrest and Amberlake neighborhoods and
representatives of the owners of the subject property participated in the meeting. A complete list
of the participants can be, found attached to this document.
.~
..~
The group identified 15 issues that should be addressed when the property is developed. These .~
issues were narrowed by group consensus to the five (5) most important issues. The five. most
important issues are:
1. The property should be developed according. to the planned balance of land uses
that will be reflected in the Comprehensive Plan being prepared by HOK.
2. The interests of all citizens. of the City should be considered when this property is
developed.
3 . The .property should. be developed to .reduce the effect of pollution on adjacent
properties. This pollution includes light/glare, air pollution and noise pollution.
4. The ultimate use of the property should preserve the .property values of the
ad,~acent .•es.w~nt.al areas.
5. The development of the property .should be sympathetic to the traffic impacts on
surrounding. areas. These traffic impacts can include:
a. The time the .traffic visits .the :site;
b. The amount of traffic (density) attracted to the site;
c. The type of traffic (criminal activity, teenagers);,. and
d. The. frequency of the traffic.
The participants also listed. the land uses that would be acceptable and unacceptable on the site.
The acceptable uses included:
1. The land uses should reflect the. uses listed in the HOK Plan..
2. Planned Unit Development (PUD) with patio. homes or single-family
townhomes
3. M-1 Light Manufacturing
4. Government Uses
5. Churches
6. Service uses
a. daycare
b. dry cleaner
c. ~~iden store
d. pharmacy.
e. quality restaurant
7. Light Retail
8. Retirement housing
9. Professional offices
The following uses were suggested to be unacceptable at this location:
1. Automotive body .shop
2. Apartments
3. Large retail (such as a Wal-Mart or Office Depot)
4. Auto dealers
5. Oil. field supply/pipe laydown yard
6. Night Club
7. Service Station..
The group agreed that the meeting was constructive and worthwhile. The group agreed to meet
again once the HOK Plan has been presented which is currently scheduled to occur in mid to late
August.
FROM ~ MUNSCH
JAN. 19. 1996 2:52PM P 1
PHONE N0. e 1214E5575E4
Ar1~7reh~7r5dt Cve.:~5c~o[e5
MUNSCH
HA12DT 4000 FOUNrAIN PLACE
] 445 Ross Avl;rrua
~OPF DALLAS, TExA3 75202-2790
TECEPHOxI:: (214) 555-7500
HARK & FAX: (214) 855-7584
DIVAN
January 19,1996
A PROPE3510NAL
CORPORATION
~^
To: Ms. Jane Kee
Firm: City of College Station
Fsx #: {409} 764-3496.
Phone #: {409} 764-3570
From: Rob Baldwin
Phone #: (2 i 4) 855.7582
Subject: Draft deed restrictions and meeting summary
Pages: 10 (including this cover sheet)
Hard Copy of Document to Follow: No
C/M#: 3821.1
Special Messages:
Attached piease find the draft deed restriction for the 34-acre tract that Bob
Bower is r®quesfing to rezone. Please also find a draft summary of the
meeting: we held at Bob's office Last Tuesday. Please coil me with any
questions, comments or changes. Thanks.
Confidentiality Expectation
THE 1NFORMATiON CONTAINED IN THIS FACSIMILE MESSAGE IS PRNILEGBD AND CONFIDENTIAL INFORMATEON INTENDED
ONLY FOR TF~ USE OF THE INDMDUAL OR ENTITY NAMED ABOVE. IF THE READER OF T1iiS MESSAGE I3 NOT THE INTENDED
RECIPIENT. OR THE EMPIAYEE OA A('rENT RESPONSIBLE TO DELIVERIT TO THE INTENDED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYINC'ir OP THiS COMMUNICATION IS STRICTLY PROHIBITED. IF
YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN
THE ORIGINAL MESSAGE TO US AT THEAI30VE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU,
Should you encounter any difficulties with the reception and/or quality of this transmission, please contact our
Tel®communicatinns Department at I214T 880-7607.
~~..
CRAFT
Jaauary 22, 1996
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged. before me on , 1996 by Robert
Bower, Jr. an individual."
Name
My Commission expires:
P:\REAL\3021\1\DEEDRESI.DOC
2 RBB/kjg 1/19/96
I
i
i
{
j
DEED RESTRICTIONS Page 5
i
ZONING DLSTRICT INFORMATION SUMMARY
Case #96-100
From R-1 and A-0 to M-1
EXISt111QA-O A.Qrculti~r~al Ope~i Zoning District:
PURPOSE: This district includes lands within
the. corporate limits of the City which are -not
subdivided. and are relatively undeveloped. It
may also include those .areas mentioned in
Section 5 above.. This.- district is designed to
promote orderly, timely, economical growth
and to recognize current conditions. It is a
reserved :area in which the future growth of
the City can occur.
PERMITTED USES:
Single family dwellings.
Barn, stable for keeping private animal stock.
Country club (publicly or privately owned).
Crop production..:
Farm.
Truck. :garden ...(including greenhouse for
commercial purposes),
Golf course.
Home occupations.
Pasturage.
Poultry production (non-commercial).
Riding. academy. (private).
Proposed M-1 Planned Industrial Zoning Dist~•ict:
PURPOSE:. Tlus district is provided: for high
technological,' light manufacturing, non-
pollutng industries, properly proportioned
and designed .for aesthetic appeal, with
controlled design` of plant e~.teriors and
construction materials. Not only sits; design
and .layout,. but facades, materials, llighting,
and apparent architectural aspects of the
project are subject to review and approval. All
vehicle access shall be paved.. The M-1
District may be compatible with adjacent uses
in ..any other district, depending upon the
character of the operation and the conditions
imposed.
PERMITTED USES:
Research and development.
Laboratories.
Instrument and component manufacturing.
Apparel manufacturing.
Rubberandplastics product manufacturing.
Transportation component manufacturing.
Printing and allied products.
Electrical machine manufacturing.
Fabricated. metal products manufacturing.
Office equipment and supplies manufacturing.
Offices.
Existing R-1 Single Family Residential District:
PURPOSE: This district includes lands
subdivided for single' family ..residential
purposes and associated uses. This district is
designed to provide sufficient, suitable
residential neighborhoods, protected from
incompatible uses, provided with necessary
facilities and services..
PERMITTED. USES:
Warehousing.
Large recycling collection facilities.
Small recycling collection facilities.
Other ` uses will be considered by the
Conunission.
Single family dwellings.
Home occupations.
...~'~ a
95-06 ,
EAST BYPASS DEVELOPMENT GROUP:
ATTN: ~iI~~ITT~ pcxx
3001. RUSTLING OAKS DR
BRYAN, TX 77802
95-106
LUCILLE D LETBETTER
c/o WILLIAM D LETBETTER
2348 ECHO CLIFFS CT
ATLANTA, GA 30345
95-106
JABR, INC
8711 EAST BYPASS SOUTH
COLLEGE.STATION, TX 77845
95-106
CSL -0F TEXAS., INC
ATTN: HARTZELL ELKINS
PO BOX 433
BRYAN, TX 77806
95-106
CARL ANDREW & CARIE SVAJDA
P. O. BOX 2091
BRYAN, TX 778Q6
-C.~ ~ ~-
95-106
T D LETBETTER'. JR.
4058 MIRAMONTE PLACE
RIVERSIDE, CA 92501
95-106
TAC REALTY, INC
1008 WOODCREEK
COLLEGE STATION, TX 77845
95-106
STYLECRAFT BUILDERS.
7610 EASTMARK STE 201
COLLEGE STATION, TX 77840
95-106
WAYNE & ANN RIFE
9255 BROOKWATER CIRCLE
COLLEGE STATION, TX 77845
95-106
John & Pamela Hanson
2101 Fairfax
College Station, TX 77845
95-106
THOMAS JAY & GLENDA STEIGER
9237 BROOKWATER CIRCLE
COLLEGE STATION, TX 77845
95-.106
Maxine Jones
1005 Huntington
College Station, TX 77845
95-1.06
CALVIN BOYKIN
EMERALD FOREST HOA
8407 SHADOW OAKS
COLLEGE STATION, TX 77845
95-106.
PATSY & DONALD DEERE
1500 FROST DR
COLLEGD STATION, TX 77845
95-106
BILL & JANET DAVIS
9271 BROOKWATER CIRCLE
COLLEGE STATION, TX 77845
95-106
MIKE CAUDEL
8406 WHITE ROSE CT
COLLEGE STATION, TX 77840
95-106
BILL STINE
204 HEARTHSTONE
COLLEGE STATION, TX 77840
95-106
WAYNE & BETTY STEELMAN
9273 BROOKWATER CIRCLE
COLLEGE STATION, TX 77845
95-106
DARRELL BRUFFETT
.1518 FOXFIRE DR
COLLEGE STATION, TX 77845
~.
.._ .r,,
95-106 95-106
ARTHUR HARRISON HOLY CROSS LUTHERAN CHURCH
DBA HARRISON HOMES 1200 FOXFIRE
503 N TEXAS AVENUE COLLEGE STATION, TX 77845 ~~~ J~'-~~
BRYAN, TX 77803
~ 1
95-106 9 6 6 < 41 YCS~~~
.LARRY & KATHLEEN TEVERBAUGH PYI ~'
9225 BROOKWATER CR ~'"'~~~~• - i'
m
~~
`
COLLEGE STATION, TX 77845 IG
- 'r~ rcres .,
~~H
B
95-106 95-106
JAY. & MARY ANN McILVAIN Mary Ekenhorst
9239 BROOKWATER CIRCLE. Sandstone Homeowners Assn.
COLLEGE STATION, TX 77845 2000-0akwood Traily
College Station, TX 77845
95-106. 95-106
Col. R.E. & Joy Wilson Gene Clark
~ 9245 Brookwater Stonebridge Homeowners Assn.
College Station, Tx 77845 1302 Sussex
College Station, TX 77845
95-106 95-106
ROBERT D LINN JR Linda Rundell ;~
9247 BROOKWATER CIRCLE Shadowcrest Homeowners Assn.
COLLEGE STATION, TX 77.845 9213 Riverstone Ct.
i College Station, TX 77845
95-106 95-106
THOMAS & :CINDY MURRAY Stacy Gunnels
9249 BROOKWATER CIRCLE Foxfire Homeowners Assn.
COLLEGE STATION, TX 77845 1.007 Howe
College Station, TX 77840
' 95-106 95-106
DAVID & PATRICIA YOUNG John R. Ellison
9209 SHADOWCREST 2705 Brookway Dr.
COLLEGE STATION, TX 77845 College Station, TX 77840
95-I06 95-106
JOHN,& TAFFEE ALBERNAZ Marianne & John Ferriola
9231 BROOKWATER CIRCLE 9201 Riverstone
COLLEGE STATION, TX 77845 College Station, TX 77845
95-106 95-106
THOMAS PROPERTIES George Jackson
PO BOX 10106 1403 Sussex
COLLEGE STATION, TX 77842.. College Station, TX 77845
I
95-106
95-.106
JOSEPH & ANNE SCAMARDO David ~^.cWhirter
~ 9251 BROOKWATER CIRCLE 1708 Amber Ridge Dr.
COLLEGE :STATION, TX 77845 College Station, TX 77845
~ (1.~~~ f~~~~ 1 ~
95-106
Robert & Vicky Newman.
2509 Fitzgerald-
College Station, TX, 77845
95-106
Joe Bruegging
2104 Fairfax
College Station, TX 77845
95-106
Dr. Julian Gaspar
9303 Amberwood Court
College Station, TX 77845
95-106
Rick McCreary
1401 Sussex
College Station, TX 77845
95-106
Jeff & Melody Braun
9217 Timber Knoll
College Station, TX 77845.
95-106
James & Phyllis Stuckey
9227 Brookwater
College Station, TX 77845
95-106
Jimmie L.~ Vernon
2103 Farley
College Station,. TX 77845
95-106
Richard Crooks
2517 Fitzgerald
College Station, TX 77845
95-106
Christian P. Borger
9204 Waterford.
College Station, TX 77845.
95-106
Bobette McFarland
9206 Waterford
College Station, TX 77845
95-106
Frank J. & Maria Rosa Bosquez
3130 E. Villa Maria#805
Bryan, TX 77802
95-106.
Paul & Lorene Ellinger
9257 Brookwater
College Station, TX 77845
95-106
David & Tamara Dodson
9210 Brookwater Cir.
College Station, TX 77845
s-lo l
yra al E tat
2 OS Te s S Ste 08 ,
Co 1 ge S ti n, T 778 0
106
J c Bo Hom
4 Sh do O s
oll g S o , T 77
95-106
Philip & 1VlaranBeremand
9208 Brookwater Cir..
College Station, TX 77845
95-106
Daniel & Pamela Speck
9240 Brookwater Cir.
College :Station, TX 77845
95-106.
Douglas Bryan ~~ ~t_,,~f 2~Q~1 +~.~~C"t~ L>n
1101 Edgewood
Bryan, TX 77802
9 ,106
ph or
1 g C'
7
95-106
James & Mary Beth Bond
9218 Brookwater Cir..
College Station,. TX 77845
,z ~
95-106 95-106
David Geidroc Peter & Tina Dacn
9229 Brookwater 9254 Brookwater
College Station, TX 77845 College Station, TX .77845
95-106. 95-106.
Cheryl Stauffer Gibson Residence
~~, 9206 5unlake Ct. 9266 Brookwater
d College Station, TX 77845 College Station, TX 77845
(.y~c~~
C ~ ,
~~~~
~~ ~ ~(
I,I ~ ~ ~
~-~ ~~
~~.
~~~ ~ ~
I~" - ~ ~~5
ill
jl
,~
96-100
ARTHUR HARRISON
DBA HARRISON HOMES
503 N TEXAS AVENUE
BRYAN, TX 77803
96-100
.HOLY CROSS LUTHERAN CHURCH
1200 FOXFIRE
COLLEGE STATION, TX 77845
96-100
LARRY & KATHLEEN TEVERBAUGH
9225 BROOKWATER CR
COLLEGE STATION, TX 77845
96-100
JAY & MARY ANN McILVAIN
9239 BROOKWATER CIRCLE:
COLLEGE .STATION, TX 77845
96-100
Col. R.E.. & Joy Wil~,pn
9245 Brookwater
College Station, Tx 77845
96-100-
Keith H. Kuttler
Amberlake Homeowners Assn.
1111 Briarcrest Dr., Ste. 300
Bryan, TX 77802
96-100
Mary Eikenhorst
Sandstone Homeowners Assn.
2000 Oakwood Trail
College Station, TX 77845
96-100
Gene Clark
Stonebridge Homeowners. Assn.
1.302 Sussex
College Station,. TX 77845
96-100
ROBERT D LINN JR
9247 BROOKWATER CIRCirE
COLLEGE STATION, TX 77845
96-100
THOMAS & CINDY MURRAY
9249.BROOKWATER CIRCLE
COLLEGE STATION, TX 77845
96-100
DAVID & PATRICIA YOUNG
9209 SHADOWCREST
COLLEGE STATION, TX 77845
96-100 .
JOHN & TAFFEE ALBERNAZ
923.1 BROOKWATER .CIRCLE
COLLEGE STATION, TX 77845
96-100
THOMAS PROPERTIES
PO BOX 10106
COLLEGE ,STATION, TX 77842
96-100
JOSEPH & ANNE SCAMARDO
9251 BROOKWATER CIRCLE
COLLEGE .STATION, TX 77845
~B
96-100
Linda Rundell
Shadowcrest Homeowners Assn.
9213 Riverstone Ct.
College Station, TX 77845
96-100
Stacy Gunnels
Foxfire Homeowners Assn.
1007 Howe
College Station, TX 77840
96-100
John R. Ellison
2705 Brookway Dr.
College Station, TX 77840
96=100
Marianne & John Ferriola
9201 Riverstone
College Station, TX 77845
96-100
George Jackson
1403 Sussex
College Station, TX 77845
96-100
David McWhirter
1708,Amber Ridge Dr.
College Station, TX 77845
96-100
Robert & Vicky Newman
2509 Fitzgerald
College Station, TX 77845
96-100
Joe Bruegging
2104 Fairfax
.College Station, TX 77845
96-100
Dr. Julian .Gaspar
9303 Amberwood Court
.College Station, TX 77845
96-100
Rick McCreary
1401 Sussex
College Station, TX 77845
96-100
Jeff & Melody Braun
9217 Timber Knoll
College Station, TX 77845
96-100
James & Phyllis Stuckey
9227 Brookwater
College Station, TX 77845
96-100
David, & Tamara Dodson
9210. Brookwater Cir.
College Station, TX 77845
96-100
Ray Martyn
7803 Appomattox
College Station, Texas 77845
96-100
Barbara Wolf
2604: Calico: Ct.
College Station, Texas. 77845
96-100
Philip & Marian Beremand
9208 Brookwater Cir.
College Station, TX - 77845
96-100
Jimmie L. Vernon
2103 Farley
College Station, TX 77845
96-100'
Richard Crooks
2517 Fitzgerald.
College Station, TX 77845
96-100
Christian P. Borger
9204 Waterford
College Station,. TX 77845
96-100
Bobette McFarland
9206 Waterford
College Station, TX 77845
96 100
Frank J. & Maria Rosa Bosquez
-3130 E. Villa Maria #805
Bryan, TX 77802
96-100
Paul & .Lorene. Ellinger
.9257 Brookwater
College Station, TX 77845
96-100.
Daniel & Pamela Speck
9240. Brookwater Cir.
College Station, TX 77845
96-100
Doug Bryan Construction
1101 Edgewood
Bryan, TX 77802
96-100
William S. Dahlstrom
400 Fountain Place
1445 Ross Avenue
Dallas, Texas 75202-2790
96-100.
James & Mary Beth Bond
921$ Brookwater Cir.
College Station, TX 77845
96-100
David Geidroc
9229 Brookwater
College Station, TX 77845
96-100
Cheryl Stauffer
9206 Sunlake Ct.
College Station, TX 77845
96-100
East Bypass Development Group
Attn; Bill Atkinson
3001 Rustling Oaks Drive
Bryan, Texas 77802
~' 96-100
Lucille Letbetter
c/o William D. Letbetter
2348 Echo Cliffs Ct.
Atlanta, GA 30345
96-100
CSL of Texas, Inc.
Attn: Hartzell Elkins
P.O. Box 433
-< Bryan, Texas .77806
96-100
j Bob: Long
2612 Sandiewood Ct.
:College Station, Texas 77845
96-100
TAC Realty, Inca
1008 Woodcreek
.College Station, Texas 77845
96-100
Wayne & Ann. Rife
9255 Brookwater Circle
College Station, Texas 77845
96-100
Thomas Jay & Glenda Steiger
9237 Brookwater Circle
College Station, Texas 77845
96=100
Calvin Boykin
Emerald Forest HOA
8407 Shadow Oaks
College Station, Texas 77845
96-100
Peter & Tina Dacin
9254 Brookwater
College Station, TX 77845
96-100
Gibson Residence
9266 Brookwater
College Station, TX 77845
96-:100
John & Pamela Hanson
2101 Fairfax
College Station, Texas 77845
96-1:00
JABR, INC.
8711 East Bypass South
College Station, Texas 77845
96-100
Carl Andrew & Carie Svajda
P.O. Box 2091
Bryan, Texas 77806
96-100
T D Letbetter Jr.
4058 Miramonte Place
Riverside, CA 92501
96-100
Stylecraft Builders
7610 Eastmark Suite 201
College Station, Texas 77840
96-100
John & Pamela Hanson
2101 Fairfax
:College Station; Texas 77845
96-100
Maxine Jones
1005 Huntington
College Station, Texas 77845
96-100
Patsy & Donald Deere
1500 Frost Dr.
College Station, Texas 77845
96-100
Bill &'Janet Davis
9271. Brookwater Circle
College Station, Texas 77845
96-100
Bill Stine
204 Hearthstone
College Station, Texas .77840.
96=100
Darrell Bruffett
1518 Foxfire Drive
College Station, Texas 77845
96-100
Robert & LInda Batker
9243 Brookwater: Circle
College Station; Texas 77845
96-100
Mike. Caudel
8406 White Rose Ct.
College Stataion, Texas 77840
96-100
Wayne & Betty Steelman
9273 Brookwater Circle
College Station, Texas 77845
96-100
Janice Epstein
9200 Sunlake Ct.
College. Station, Texas 77845
96-100
Bi11y Bielamowcz
9235 Brookwater Circle
College Station, Texas 77845
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NAME ADDRESS. PHONE NO.
Bill Dahlstrom 4000 Fountain Place 214/855-7582
1445 Ross Avenue
Dallas, TX 75202-2790
Wayne Steelman 9273 Brookwater Circle 409/93-5865
College Station, TX 77845
Curtis C. Stauffer, M.D. 9206 Sunlake Ct. 409/693-3888
College Station, TX 77845
Col. and Mrs. R. E. Wilson 9245 Brookwater'Circle 409/693-5055
College Station, TX 77845
Sherry Ellison 2705 Brookway Dr. 40/696-6793
College Station, TX 77845
Bob Long 2612 Sandlewood Ct. 409/764-4553
College Station, TX 77845
:Larry Teverbaugh 9225 Brookwater Circle 409/696-1616
College Station, TX 77845
Judi Bigda 2205 Bent Oak 409/696-5308
College Station, TX 77845
Jane Kee City Planner 409/764-3570
City of College Station
Wayne T. Rufe 925:5.Brookwater Circle 409/764-8382
College Station, TX 77845
Keith Kutler 1111 Briarcrest Dr. 409/776-1111
Bryan, TX 77802
Bob Albanese 9407 Scarborough Dr. 409/764-1721
College Station, TX 77845
Rob Baldwin 1445 Ross Ave:, #4000 214/885-7503
Dallas,,`1'X 75202-2790
Craig Hall 1702 Amber Ridge
College Station, TX 77845
Stacy Gunnels 1007 Howe:
College~Statian, TX,.77845
Ray Martyn 7803- Appomattox 409/693-9106
College Station, TX 77845
Susan Clegg 9002 Sandstone 409/696-7691
College Station, TX 77845
P:\REAL\3021\1\ATTENDI6.LST .
1 kjg 1/17/96
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COLLEGE ~TATiO(V, TE4A~ 77844
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ATTORNEYS & COUNSELORS 4000 FOUNTAIN PLACE
F 1445 Ross AVENUE
MU N S C H
I DALLAS, TEXAS 75202-2790
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_
DI NAN HTTP://RAMPAGES.ONRAMP.NET/'MUNSCH/
A PROFESSiorvaL CoRaoRnnoN WRITER'S DIRECT DIAL
855-7582
November 9, 1995
Ms. Jane Key
Director of Planning
City of College Station
P.O. Box 9960
College Station, 'PX 77842-9960
RE: City of College. Station Comprehensive Plan
Dear Jane:
It was a pleasure meeting with you last week at the City's second community workshop on
the ComprehensivePlan. The: City's planning program: seems to be progressing and I was impressed
at the depth of the consultant's background data. However, I am disappointed at the initial land use
recommendations of the consultants for he property on the East Bypass and Sebesta Road. As you
may recall, this firm has been retained by the owners of the vacant property. located at .the
intersection of Sebesta Road and the East Bypass. In this capacity, we have been working with the
City and the neighboring property owners to come up with an appropriate land use plan for this
property.
Last June, Council Member Nancy Crouch hosted a meeting attended by representatives of
the residential areas surrounding this...property, the owners of this property and myself. At this
meeting, the participants generally reached a consensus that a maj ority of this property is not suitable
for residential uses due to;.its location along the East Bypass, .and that the residents seemed not as
concerned as to what went on the property, but rather how the proposed use was constructed on the
site: ®ne point than the neighbors stressed is that high density residential and apartment
developments were unacceptable on this property. Yet, two of the three concepts presented at the
most recent community workshop identified this land'as high density residential.
Attached please find a copy of the minutes of the neighborhood meeting:' Please note that
the neighborhood,representativesstated that this property would be ideal for high-quality re earcl
or light industrial development, light commercial or service uses. Apartments and automotive uses
were deemed.. to be unacceptable on this property. Would you please forward a copy of the
Ms. Jane Key
November 9, 1995
Page 2
neighborhood meeting results to your land use consultant so the findings can be incorporated into
the future land use plan for this .:area?
Finally, pursuant to our conversation of last week, I would like to request that this area be
included as one of the four special study areas you are requiring the planning consultant to produce
as part of their contract. A lot of time and effort have been invested in making sure that this property
is developed properly..:. As a special study area the City could build on the previous effort in this area
and develop a plan that would benefit the owners of this property, the residents that live adjacent to
this property and the City...
Thank you in advance for your assistance with this matter. Please do not hesitate to call me
if you have any questions, or if I could be of any further assistance. I will be back in town to attend
the next. community workshop on November 15,1995.
Ve truly yours,
William S. Dahlstrom
Enclosure
P:\REAL\3 021 \ 1 \KEY2. LTR
1 RBB 10/2/95
v
Participants
Rob Baldwin Munsch, Hardt, Kopf, Harr &Dinan 214/855-7503
Keith Kuttler Pres., Amberlake Homeowners Assn. (wk) 776-1111
Col. R.E. Wilson 9295 Brookwater Circle... 693-5055
Steve Rials (?) 9215 Shadowcrest Dr. (w) 690-0307/(h) 696-8607
Gene Clark, P.E. 1302 Sussex Dr. 693-6376
Mary Anne Murray 2702 Wind. Wood Dr. 693-8632
Stacy Gunnels 1007 Howe Dr. 693-6593
Bill Atkinson 300.1 Rustling Oaks 776-1.943
Bob .Bower 3409 Parkway Terrace 693-9378
Jim Simpson 8704 Chippendale 6993-8338
Wayne Rife 9255 Brookwater Circle (w) 776-2282/(h) 764-8382
Bill Dahlstrom Munsch, Hardt, Kopf, Harr &Dinan 214/855-7582
Ray Dietrich 1814 Rosebud 696-3552
Cal Boykin 8407. Shadow Oaks 693-0224
Patsy.Deere 1500 Frost 693-7363
p:\real\3021\1\resultsl .doc
2 rbb 062995
Homeowner's Associations
Mr. Ray Martyn Mr. Bob Long
' Raintree 2612 Sandlewood Ct.
~, 7803 Appommattox Dr. College. Station, TX '77845
College Station, TX 77845
Ms. Stacy Gunnells
Foxfire
` 1007 Howe
College. Station, TX 77845
Mr. Ke1th Kuttler P:\REAL\3021\1\MEET2.LST
Amberlake 1 rbb 1/8/96
1111 Briarcrest -.Suite 300
Bryan, TX 77802
Ms..Lnda Rundel
Shadowcrest
9213 Riverstone Ct.
.77845
n T
lle a Statio
Co
g
Mr. Cal Boykin
I~
, rest.
Emerald Fo
' 8407 Shadow Oaks
College Station, TX 77845 '
Mr. Gene Clark
Stonebridge
1302 Sussex
Cciilege Statio.~, T~ 77845
Ms. Barbara Wolfe
Raintree
2604 Calico Ct.
College Station, TX 77845
Ms. Susan Cla
Y
I
; Sandstone
~ 9008 Sandstone
College Station, TX 77845
I
C ~-/0(Q
~~
~~
~'° e Development Policies address access by recommend. that drive entrance hould be
minimized through the platting end/or site plan process.. Access could be denied to Sebesta for the
commercial: tracts at the corner. However, as the remainder of the property to the east develops,
' particularly if it is resided±ially zoned, it would be best: to provide access to both the frontage road
i
and Sebesta o avoid a single. access subdivision. Secondary access is most important for efficient
public and emergency service as well as for convenient traffic circulation.
At the previous public hearing before Council there was much concern about the drive-through
traffic affecting .the Emerald Forest Subdivision.:As mentioned in the. previous hearing these
problems. are aresult- of residential cut-through traffic that. will continue until improvements are
made in the City's thoroughfare plan to provide better. access on the east side of the Bypass.
Development of the subject property will contribute to the traffic regardless of the land use.
TRAFFIC GENERATION BOARD .
Traffic. generation is .always something that we look at in any rezoning request. We do not
typically go .over the numbers but rather present to you conclusions and recommendations
resulting from our analysis. Bui for the benefit. of those in the audience and because concerns
about traffic have been at the forefront of :this case I'd like to present some data re: to traffic
generation.
Based on research from the Institute of Traffic Engineers which is the .standard used to determine
traffic impacts of various development we find:
Trip per day -define
Comm. - 17,000 (15 ac C-1:200,000 sf shopping center like P.O. Sq. and 7 ac C-3 - 75,000 sf -
PO Village)
A-P 6,000 -office bldg. like CS Professional or Bank
R-4 2,300
R-3 1,200
TOTAL -= 22,000
If R-4 and-R-3 remain A-O or R-1 and develop as such then the total drops slightly to 19,700
Sebesta as a res. collector is designed to carry from 1,000 to 5,000 vehicles per day. Examples of
other residential collectors are -Walton (3,000), Glade, Emerald Parkway and Woodcreek which
each carry about 4,000.
The traffic generation from the commercial is why staff suggested that access. to Sebesta could be
denied in the original rezoning request. Staff still feels that. this is am important consideration.
The traffic. generated from development of the rest of the property would be dispersed over
Sebesta and the Frontage Rd. ` As the property `develops and plats it may be important to have a
roadway that goes from: Sebesta to Woodcreek to disperse traffic even more.
°~ t
The bottom line is that the traffic generation to be expected from
negatively impact surrounding land uses. There will be an increase,
Roads available are designed to handle it, particularly. if access t
commercial tracts.
LOW DENSITY RESIDENTIAL SLIDE
these rezonings should not
but that is to be expected.
o Sebesta is denied. for the
Development policies state that areas planned for low density residential uses will predominantly
consist of single family dwellings. Other housing types maybe used but the overall density of the
area should remain low. Appropriate .types include patio .homes, zero lot line housing and
townhomes. Crross area densities should not exceed 6 dwelling`units per acre. The R-3 portion of
this request. complies with these policies. The R-4 portion is a low density apartment district.
The densities can go up to 16 dwelling units per acre which is higher than. is intended for low
density areas.
BUFFER SLIDE
Explain slide
COLOR SAM SLIDE
The overall request provides for a good step-down approach. As per Development Policies the R-
3 is placed adjacent to the existing R-1 of Woodcreek. The R-4 is-used. as a buffer between the
commercial and lower density residential areas to the east (Foxfire). The A-P and C-3 are placed
adjacent to existing C-1.
The A-P is also. acting, as .supported by the policies, as a buffer between residential and
commercial land uses. It is placed in such a fashion as to separate existing Woodcreek lots from
the proposed C-3 along the Bypass. Additional buffering of potential A-P uses from -the existing
single family might be considered to lessen any possible impacts.
This request went to the P&Z on 9-1. After a public hearing the Commission voted unanimously
to recommend denial. Minutes are in you packets that summarize the concerns expressed and the
people who spoke in opposition.
After the P&Z meeting the applicant requested a meeting with the Council Development Policies
Subcommittee. This subcommittee met on 9-7 with .the applicant and staff and again on 9-f~ with
the staff. 'Members in attendance were Councilwoman McIlhaney, .Councilman Mariott and
Councilman Hickson.
COLOR SAM SLIDE
Their recommendation to Council is that the corner Tract A be zoned C-1 General Comm.,
11 acre Tract B be zoned C-B Business Comm.,
Tracts E and F be zoned C-3 Planned Comm. and A-P Administrative Professional respectively.
They further recommend that access to Sebesta be denied for these commercial properties.
The Subcommittee is also concerned about buffering future residential development that may
occur to the east from the commercial properties'along the By Pass. If the commercial zonings
can be conditioned upon this, the Subcommittee recommends doing so.
ATTORNEYS 8 COUNSELORS ~ 4000 FOUNTAIN~LACE
1445 ROSS AVENUE
M U N S C H oALLASr TEXAS 75202-2790
HARDT
~ KOP r TELEPHONE (214).855-7500
i, rp ,~Y FACSIMILE (214) 855-7584
H A ~l \ lX WORLDWIDE WEEI HOME PAGE
j HTTP://RAMPAGES.ONRAMF'.NET/'MUNSC:H/
DINAN
A PROfES51ONAL CORPORATION : WRITERS DIRECTDIAL
855-7582.
'i, January 8, 1996.
1VIr. Ray Martyn
78:03 Appomattox Dr.
'~ College Station, TX 77845
RE: Rezoning of 34,1 acres in the area: of Se6esta Road and the East Bypass
Dear Mr. Martyn:
As the representative of the owner of the property referenced above, I would like xo invite
you, as President of the Raintree Homeowner's Association, to a meeting on January 16, 1996
at 7:30 in the evening at Texas Digital Systems, Inc.'s offices located at 512 West Loop (2818)
in College. Station. The purpose of this. meeting is to allow -the prospective owner of the above
'~ ro osal for _constructin his new offices at this location. This.
I'~~ referenced property to present lus p p g
'; meeting .will be moderated by City of College Station City Council Member Nancy .Crouch.
Representatives .from the other residential subdivisions who are :members of the East bypass
Homeowner's Coalition and :the City of College Station's Planning Department have also .been
'', invited to this meeting..
Please call meat (214) 855-7582 if yoga will bP abbe ty atte d tl~~:~ meetinng or if y:,u have
any questions or comments.: I look forward to seeing you next week.
Very truly yours,
'~ William S. Dahlstrom
WSD:rbb
cc: Council Member Crouch
I Jane Key
ATTORNEYS & COUNSELORS
NtUNSCH
HARDT
KOP F
HARR ~
DINAN
A PROFESSIONAL CORPORATION
- ~ 4000 FOUNTAIN PLACE
1445 Ross AVENUE
DALLAS, TExAS 75202-2790
d ~Q ~ ~ ~~~ TELEPHONE. (214) 855-7500
"_~„~~~ ~~eA`i FACSIMILE (214). 855-7584
WORLDWIDE WEB HOME PAGE
HTTP://RAMPAGES.ONRAMP.NET/"MUNSCH/
WRITER'S DIRECT DIAL
855-7503
January. 8, 1996.
Ms. Jane Key
Director of Planning
City ofCollege Station
P.O. Box 9960
College Station, TX 77842-9960
RE: Public meeting with residents of the Sebesta Road area
Dear Jane:
Attached please find a copy of a letter we sent to the homeowner's associations in the vicinity
of Sebesta Road and the East Bypass inviting them to Bob Bower's office on January 16, 1996 to
discuss his proposal for the property. I have also attached a list of everyone who was sent a letter.
I hope that you and Sabine can be present. ~ If you have any questions, orneed any additional
information, please do not hesitate to call me.
Very truly yours,
.~--
Robert B. Baldwin, AICP
Land Planner
ATTORNEYS & COUNSELORS
MUNSCH
HARDT
KOP F
HARK ~
DI NAN
A PROFESSIONAL CORPORATION
William C. Atkinson, President
East Bypass Development Group
3001 Rustling Oaks
Bryan,. Texas 77802
_, r ~- ~~,~- ~ ~~~
~' . ~ =3 ~~ /tip,„,, -~ ~, :
~ea~ EJG /D~ /S~
~~~ -/DD
4000 FOUNTAIN PLACE
1445 ROSS AVIENUE
DALLAS, TEXAS 75202-2790
TELEPHONE (294)855-7500
FACSIMILE (214) 855-7584
WORLDWIDE WEB HOME PAGE
HTTP://RAMPAGES.ON RAMP. N ET/'MUNSCH/
January 8, 1996
WRITER'SDIRE6:T DIAL
(214) 855-7503
VIA OVERNIGHT MALI.
RE: Rezoning Applicationfor the City of College Station
Dear Bill:
Attached please find the .Rezoning Application Form for the City of College Station.
Please sign the second page and .prepare.. a check for $250.00, made payable to the City of College
Station. Bi11 Scarmardo will come by on Tuesday to pick them up and submit the entire package
to the City. The Planning and Zoning: Commission will hear this request on February 1, 1996.
We have scheduled a meeting with the surrounding neighborhood associations for January
16, 1996. This meeting will be held at Bob's office and will take place at 7:30 PM. Council
Member Nancy Crouch and Jane Key from the City's :Planning Department will attend this
meeting .
Please call me if you have any questions or comments.
Ver truly yours,
~~
Robert B. Baldwin, AICP
Land Planner
cc: Bob Bower
Bill Dahlstrom
P: \REAL\3021 \ 1 \ATKINSN7. LTR
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ATTORNEYS Bt COUNSELORS - 4000 FOUNTAIN PLACE
.1,445 ROSS AVENUE
A A >! i N CT~ u DALLAS. TEXAS 75202.2790
1 HA RD j 1 - ~ ~ TELEPHONE (214)-855-7500
KOP F FACSIMILE (214) 855-7584
I~ A 17 ~. ~Y - - ..WORLDWIDE WEB.HOME PAGE
D I N A N ,. HTTP://RAMPAGES.ONRAMP.NET/"MUNSCH/
APROFESSIONAL CORPORATION. - WRITERS DIRECT DIAL
855-7582
I
' ~I~~~ .~A ~ ~ 199~P
January 9, 1996.
Ivlr. Skip No
Ci Mana er
Ci of liege Station
'P.U B 9960
CoT a Station, TX 77842-9960
~!~ 1~: Public meetfng with. residents of the Sebesta. Road area
Dear 1`v1r. Noe:
This firm represents.Bob Bower and the East Bypass Development Group in their efforts to
rezone the above referenced property. to accommodate the development of Texas Digital Systems' new
headquarters on a 35 acre tract outh of Sebesta Road and east of Highway 6. Im this capacity, I would
like to invite you, as City Manager for College Station, to a meeting on January 16, 1996 at 7:30 in
the evening at Texas Digital Systems, Int.'s. offices located at 512 West Loop (2818) in College
Ij Station., .:The purpose of this meeting is to allow Bob Bower to present the plans for his proposed
development to representatives of the neighborhood associations in the area. Attached please ~md a
list of all: of the neighborhood. representatives invited to this meeting. This meeting will be moderated
by City of College Station City Council Member Nancy Crouch. Jane Key has -also been invited to
this'meeting.
Pleasecallme at (214) 855-7582 if you will be able to attendthis meeting or if you have any
questions or comments. I look forward to meeting you next week.
Ve truly yours,
William S. Dahlstrom
Enclosure
cc: Council Membe Crouch
Jane Key
Bob Bower
P:\REAL\3021\1 WOE 1.LTR
1 rbb 1/9/96
i
02/15>96 10:19 $
OCEAN DRILLING
2907 Adrienne Drive
College- Station, TX 77845
February 15, 199fi
City of College Station
Planning and Zoning Commission
City Hall
1101 Texas Avenue S_
College Station, TX 77840
Via Fay ° 64-3496
u~ i-'-
Re: Request to Rezone 34 acres at Hwy 6 Bypass 8~ 5eb®sta Road
Comments for2115/96 Public Heaping
®ear Commissioner:
This is to express my opposition to the request to rezone 34 acres of land at the
Hwy 6 Bypass and Sebesta Road in College Station to "Planned Industrial."
Many residents have invested in homesites in the adjacent area based on the
zoning specifications in effect, and a change to the zoning criteria would alter the
nature of their residential environment. 1t would also affect neighboring facilities,
including a recreational site and an existing church.
l~ 0 01
The issue is whether the City of College Station intends to honor their original
zoning commitment and the good faith investment of those who would be potential
neighbors. The request for rezoning keeps resurfacing, in spite of continued objections
from concerned citizens. Please vote NO to this request and resolve this conflict once
and for a11.
Respectfully yours,
Linda K_ Norton
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