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EXECUTIVE MEMBER APPROVAL:
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EXPLANATION OF FACTS.: ,,,,~._
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air
QUESTIONS REGARDING THE ISSUES:
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STAFF GOAL ON THIS REQUEST:
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SU PPORTING,D000 MENTATION:
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2. l.~ ~
3.
js/c/jonr~slarsist
04/11 /94
C"%1
Ci
of College Station
FAX
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Date: ~ - 1 ~ °~
Number of pages including cover sheet:
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Phone: (409) 764-3570
Fax phone: (409) 764-3496
REMARKS:
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^ Urgent ~or your review ^ Reply ASAP
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Development Services
P.O. Box 9960, Coll
TX 77842-9960
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~xH~B~T A
DEVELOPMENT AGREEMENT
This Agreement is entered into this the day of 1996, by .and
between the CITY OF COLLEGE STATION, TEXAS,. a Texas Home-Rule Municipal Corpgration ,
(hereinafter referred. to as the "City"), and POOH'S PARK DEVELOPMENT, LTD., a Texas Limited
Partnership (hereinafter referred to as "Pooh's Pazk").
WI~REAS, Pooh's Pazk is the owner of an approximate fourteen (14) acre tract depicted and
described on the ,plat attached hereto as Exhibit "A" (hereinafter referred to as "Property");.:.and
WHEREAS, Pooh's Park is currently zoned "WPG Wolf Pen Creek Development Corridor"
which has specific development requirements for properties in the floodway and minimum reservation
area as addressed in Section 721D of Ordinance 1638, the Zoning Ordinance of the City of lollege
Station; and
WHEREAS, the WPC District. requires the development or dedication. of the floodway and
minimum reservation azea to City to conform with standazds of the :Development Corridor, and
WI~REAS, development .may be permitted within the floodplain upon submission and
approval of a reclamation plan by the City Engineer;. and
WHEREAS,. a portion of the Property is within the floodway and floodplain; and
WHEREAS, Pooh's Pazk has requested the rezoning of the Properly from WPC to C-1,
General .Commercial; and
WI~REAS, as a condition of the rezoning, the City Council required Pooh's Pazk to comply
with the City's Wolf Pen Creek Zoning Ordinance by dedicating to the City or developing the floodway
and minimum reservation area required. by the Zoning. Ordinance, as deternuned by the Nathan D.
Maier Wolf Pen Creek Revised Existing. Conditions Study.
NOW THEREFORE, for and in consideration of the recitations above, and. inconsideration of
the promises and covenants herein expressed, the parties hereby agree and covenant as follows:
1. Prior to development of the Property, Pooh's Park agrees to and shall dedicate to the City
the portion of the Property that is contained in the floodway as reflected in the Nathan D. Maier Wolf
Pen Creek Revised Existing Conditions Study as required in Section 7.21D, said portion estimated as
approximately. four (4) acres of the Property, hereinafter referred to as the "Wolf Pen Creek Dedica-
tion".
DEVELOPMENT AGREEMENT -Page 1
js/ddec '9b/poohagmt. doc
11J19/96
2. Prior to development of the Property, Pooh's Park agrees to and shall dedicate to the City a
strip of land hereinafter referred to as the "minimum reservation area" adj acent to the Wolf Pen .Creek
Floodway Dedication, said strip of land being twenty feet (20~ wide,. as shown on Exhibit "A°'. The
remainder ofthe Properly,. including land in the floodplain, may be developed in accordance. v~frth the
requirements contained in Section 7.21D of the Zoning Ordinance and the City's drainage policies,
ordinances, and other applicable development codes.
In conjunction with the aforementioned dedication, and at the time of site plan develop-
ment, Pooh's Park, its heirs or assigns, agrees to dedicate to the City a maintenance access
easement at a location approved by the City that begins at a public right-of--way. and terminates at
the minimum reservation area. This easement shall tibe ten feet (10') in,width. Pooh's Park shall
construct the maintenance;access easement as a permanent all weather surface as defined id the
City's Zoning Ordinance.
3 a At or before the time of development, Pooh's Park, at nts sole cost, shall provide: or Cause to
be provided. to the City, a sealed metes and .bounds. description of the Property indicating, the
demarcation line of the floodway and minimum reservation area with a diagram prepared by a incensed
surveyor licensed to practice in Texas.
4. The above-referenced dedications will be made incompliance with, and fulfillment"oly all of
the requirements of Section 7.21 E. of the Wolf Pen Creek District Zoning. Ordinance. No. 1638. No
construction of improvements within the dedication areas will be required of Pooh's Park. Notwith-
standing the aforementioned dedication, Pooh's Park. shall comply with any other applicable drainage
requirements including but not limited to Chapter 13 of the City of College Station Code of Ordinances
and related drainage policies and regulations
5. As a precondition. of development, Pooh's Park agrees to dedicate. the right-of--way for the
future extension of Kyle South as reflected on the City's Thoroughfare Plan.
6. The City agrees to and shall abandon all of its right, title and interest, if any, in Pooh's Lane
to Pooh's Park by enactment of an ordinance. City shall waive the fee of Two Hundred Fifty Dollars
($250.00) for abandonment of the. right-of--way as well as the payment for the fair market value. of the
surface estate being abandoned. However, Pooh's Park shall. provide to the City, at its sole cost and
DEVELOPMENT AGREEMENT. -Page 2
`~, js/c/dec'96/poohagmtdoc
', 12/19/96.
expense,. a sealed metes and bounds description prepared by a licensed surveyor of Pooh's Lane for use
by the City to :prepare the ordinance abandoning the right-of--way.
7. City agrees to waive the Two Hundred Dollar ($200:00) fee for preparation of this
agreement as established by :the .City Council. However, Pooh's Park shall be responsible for
reimbursement of the City's legal staff time spent in preparation of this agreement as perCouncil's
policy to be paid prior to council consideration of the development agreement.:
8. INDEMNIFICATION: Pooh's Park agrees to and shall indemnify, hold hai~nless,
and defend the: City, its officers, agents, and'. employees, from and against any and all .claims,
losses, damages, causes of action, suits and liability of every kind, including all eapernses of
litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to
any property, or for breach of contract, arising out of or in connection with this Agreement, the
work to be performed hereunder, and the properties. designated, regardless of whether'such
injuries, death, damages, or,breach are caused in whole or in part by the negligence of the City.
9. RELEASE: Pooh's Park, its successors-in-interest and assigns hereby release,
relinquish and discharge the`City, its agents, ofTicers, and employees from all claims, demands,
and causes of action. of every. kind and character, including the cost of defense thereof, for
any loss of or damage to property (whether .property of either of the parties hereto,. their
employees, or of third parties). that is caused by or alleged to be caused by, arising out of,
or in connection with this-development agreement. This release shall apply regardlless of
whether said claims, demands, and causes of action are covered in whole or in part by
insurance and :regardless of whether such loss, or damage was caused: in whole or in part by
the negligence of the City.
10. It is understood that this Agreement shall be governed by, and construed and enforced in
accordance with, and subject to, the. laws of the State of Texas.. The parties agree that performance of
this Agreement shall take place in Brazos County, Texas, and that venue shall lie in the cc-urt of
competent jurisdiction in Brazos County, Texas.
11. The parties agree that they have read the terms of this Agreement and familiatizsd
themselves with the requirements hereunder and agree -that they understand. their rights and responsi-
bilities hereunder.
DEVELOPMENT AGREEMENT -Page 3
js/c/dec'96/poohagmtdoc
12/19/96
12. It is understood and agreed that this Agreement shall be binding upon and. shall inure to the
benefit of the parties and their respective heirs, lessees, representatives, successors, and assigns.
13. It is understood. that this Agreement containsthe entire agreement between the parties and
supersedes and all prior agreements, arrangements, or understandings between .the parties relating to
the subject matter. No oral understandings, statements, promises or inducements contrary to the teens
of this Agreement exist. This Agreemenrt cannot be changed or terminated unless in writing and agreed
to by both parties.
14. The: parties executing this Agreement state that they are: each authorized to-sign on behalf
of their respective .corporations.: Owner shall provide proof of his authorization to enter onto this
Agreement.
Dated this`the day of_
POOH'S PARK DEVELOPMENT, LTD.
1996.
CITY OF COLLEGE' STATION,. TEXAS
BY:
Printed Name:
Title:
BY:
LYNN McILHANEY, Mayor
ATTEST:
CONNIE HOOKS,. City: Secretary
APPROVED:
GEORGE K. NOE, City. Manager
APPROVED AS TO FORM:
RO~~,ANNE NEMCIK, Acting City Attorney
APPROVED AS TO FINANCING:
GLENN SCHROEDER, Director of Finance
DEVELOPMENT AGREEMENT -Page 4
js/c/dec'9~/poohagmt.doc
12/19/96
STATE OF TEXAS ) r
ACKNOWLEDGMENT
COUNTY OF BRAZOS
This instrument was acknowledged on the dayof , 1996 by
LYNN. McII,HANEY, in .her capacity as Mayor of the City of College Station, Texas, a Texas
Home. Rule Municipality, on behalf of said. municipality.
Notary Public in and for
the State of Texas
STATE OF )
ACKNOWLEDGMENT
COUNTY OF )
This instrument was acknowledged on the day of , 1996, by
as of POOH' S PARK
DEVELOPMENT ZTD., a Texas limited partnership, on behalf of said limited partnership.
.Notary Public in and for
the State of
DEVELOPMENT AGREEMENT -Page 5
js/c/dec'9CJpoohagmt.doc
12/19/96
A~boYS of Wolf Pen Creek, Ltd.
8144 Walnut Hill Lane Suite 550
Dallas, Texas 75231
Ms. Jane Kee October 17,1996
City of College Station -Planning Dept.
P.O. Box 9960
College Station, Texas 77842-9960
Re: Dixie Dale For Dondaco, Inc.
.Rezoning Request
Dear Jane.-
In response to your notice dated October 4, 1996 regarding the adjacent
property owner's request to rezone, the owners of the Arbors of Wolf Pen Creek
are apposed to any rezoning that removes any property currently in Wolf Pen
Creek district from same. The owners of the Arbors were. held to the high
standards of the district and expect every current landowner in the district to be
held to the same set of standards. Wolf Pen Creek is an amenity that the owners
of the Arbors fully expect. to be improved and this cannot be done without the full
support of the current land owners. By removing land from this district, the city
jeopardizes further improvements to Wolf Pen Creek and the overall quality of the
entire district.
If you have any questions or matters you wish to discuss, please give me a
call at (214 739-8141.
Si v
vn .Utley
President
P.S. Jane, you can always have the adjacent property owner contact me if they
would like further explanation.
C1
C"f
~f College Station
FAX
Development Services
P.O. Box 9960, College Station, TX 77842-9960
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Phone:
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CC:
Date: ~~ ,(~ ,~
Number oC pages including cover sheet- -~
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Phone: (409) 764-3570
Fay phone (409) 764-3496
10/10/96 11:47 ^C 409 764 3496 DEVELOPMENT SVCS
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START TIME 10/10 11:44
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REC~I V~~ ~ P 1 1 1996
RICHARD D. TALBERT, P.C.
ATTORNEY AT LAW
424 YARROW, SUITE I03
COLLEGE STATION, TEXAS 77840
TELEPHONE 409-846-2055
September 9, 1996.
The City of College Station
Attn: Mr. Jim Callaway
1101 Texas Ave. S
College Station, Texas 77840
RE: REQUEST FOR CHANGE IN ZONING;
14.7412 ACRES-POOH' S PARK DEVELOPMENT, LTD.
Dear Mr. Callaway:
TELECOPffiR 409-846-1272
This letter is to request a change in zoning for the ;above referenced property from WPC
to C-1 Commercial. This property fronts on`Texas Ave., and is bound by Wolf Pen Creek to the
.North, theproposed extension of Kyle South on the east, and lots fronting Holleman Drive to the
South. This request for rezoning is in part due to the fact that-the orientation and development
of this property is best suited for commercial development facing and with access from Texas
Avenue. Also, there is very little likelihood of the type of .development .WPC requires on the
North Side of the Creek adjoining this property, as the depth of the property from Harvey Rd.
to Wolf Pen. Creek. is very minimal, and the proximity to the intersection of Texas Avenue and
Harvey Road would make it difficult, for any development on Harvey Road. This property has
received a high degree of interest for commercial. development over the past two years, 'and has
in fact been under contract at two different times for a commercial development. However, in
each case, t'rIe Wolf Pen Creek zcning was a big negative factor in going forward vv~th the
proposed plans due to the requirements and orientation of WPC zoning. This property being
zoned WPC has inhibited„the development of the property, and has possibly caused the loss of
a $8 million dollar improvement and loss of increase in your tax base. Prior to the: passage of
the Wolf Pen Creek zoning. ordinance several years ago, this property was zoned C-1, and we are
requesting that it be restored to that same zoning.. In addition,. as the Wolf Pen. Creek
Development has stopped,. and circumstances changed since the WPC zoning first went into
effect, the continuation of the zoning for this particular property does nothing more than inhibit
the development of this property to its highest and best use, and causes -the continuation of the
existing use of the property for an indefinite period of time until the property may be used more
appropriately. for its highest and best commercial use.
The City of College Station
September 9, 1.996
Page (2) Two
Please consider. this request for rezoning and if you need any further documentation or
information to submit this request for consideration by Planning and Zoning or the City Council,
please contact me. Thank you for your .assistance.
Sincerely yours,
RICHARD D. TALBERT, P.C.
RDT:jmr
2
XO Regtalar Item
^ Consent Item
Statutory Item
Item Submitted By: Jane R. Kee, City Planner
For Council Meeting Of: November 20 1996
Director Approval;
City Manager Approval:
.........................................................................................................................
Ends Statements /Strategic Issues: Civic Pride
Item: Public Hearing and Consideration of a rezoning request for 14.74 acres north of
Holleman to Wolf Pen Creek & east of Texas Avenue to the Arbors of Wolf Pen Creek
Apartments (known as the Pooh's Park Subdivision) from WPC -Wolf Pen Creek to
C-1 Generat GommerciaL Applicant is Dondaco Inc., General Partnership by
Dixie Dale for Pooh's Park Development, Ltd. -owner. (case # 96-116)
Policy Issues: Whether to continue implementation of the Wolf Pen Creek Master Plan
Item Summary: The .particular property under consideration for rezoning is a tract with
Texas Avenue frontage and. frontage on the future Kyle. extension. It has a large
amount of creek frontage and is on the periphery of the WPC district at the upper end
of the creek near the Texas Avenue J SH 30 intersection. Property owners have
expressed concern over their ability, to market the property and develop it for retail use
under the WPCregulations. !t is a large tract of land that is attractive to the big box
retailer orshopping center. Thesebusiness orient to major arterials and draw vehicuDar
traffic to their sites from these adjacent roadways
Allowing this property to develop oriented to Texas Avenue and without the
architectural review of the WPC district witl not'harm the future implementation of the
Wolf Pen Creek Master Plan as long as certain conditions are placed on this :rezoning.
Conditions should include those that wotald not .preclude improvements to the creek and
the minimum reservation area that are necessary to implement the plan.
Council determined that Kyle. is to extend through from SH 30 to Holleman. Only half of
the. right-of-way will be coming from this Tract and the City will be constructing the street
at some future date. A condition of this rezoning. should also be that the necessary
right-of-way be dedicated for the future extension.
Financial Summary: The tax value of the, property making up this rezoning
request has remained constant since the creation of the Wolf Pen Creek Tax
o:\groupWeve_ser\cvsht\96-116:doc
increment Financing (TIF) District in 1989. The changing of the zoning would
not cause these property slues to be removed from the TIF District.Property.
Staff .Recommendation: Staff recommends approval of this rezoning with the condition
that fhe property owner address drainage, erosion controland other Wolf Pen Creek
Master Plan elements related to the creek and minimum reservation area as well as the
Kyle extension. The PAZ held a public hearing on 10-17 and .recommended
unanimously to deny this request for C-1 zoning.. Minutes are attached.
City Attorney Recommendation: Legal will prepare the rezoning ordinance and any
potential development agreement in conjunction with. the staff.
Council Action Desiredc Approve rezoning with conditions or deny. request
Supporting Materials:
1, Location Map
2. Application
3. Staff Report
4. P&Z Minutes
o:lgrou p\deve_ser\cvsht\96-116:doc
Permitted uses consist of various commercial uses such as restaurants, retail
establishments, night clubs, etc. as well as apartment uses. The idea was to have
residential uses among a variety of small commercial enterprises that would take
advantage: of the drainage and park improvements and. thus orient themselves to the creek
area where pedestrian traffic could flow into and out of the commercial areas.. The
ordinance: provides incentives for creek orientation and for property dedication along the
creek..
Thus far the uses that have developed in the corridor have been multi-family projects and
larger retail establishments that. do not depend on pedestrian traffic but draw from the
adjacent arterial roadways (ie: Wolf Nursery and proposed big box retailers). The multi-
family uses have oriented some units to the creek while the commercial projects have
oriented to the major roadways.
MASTER PLAN REVIEW
The. master. plan for the entire district. is under review at this time as part of a Council
Issue.. Staffwill be re-examining the master`plan and involving public and property
owners along the corridor. Recommendations will be made to Council next spring.
Obvious choices will be to continue,implementing the master plan as originally adopted,
see if there is some logic to treating different parts of the creek corridor differently than
others thus making changes to the master plan, or disregard the masterplan altogether.
There maybe recommendations to change the requirements in the WPC zoning district or
to alter the review process. At this time there are no answers as to which direction the
City will take.
NOTIFICATION
Legal Notice Publication(s); 10-2-96
Advertised Commission Hearing Dates(s): 10-17-96
Advertised CouncilHearing Dates: 11-20-96
" ~• Number of Notices Mailed to Property Owners Within 200':23
Response Received: One. is opposition
Regular Item
Consent Item
Statutory Item
Item Submitted By: Jane R. Kee, City Planner
For Council Meeting Of: November 20, 1996
Director Approval:
City Manager Approval:
.......................................................................................................................
Ends Statements /Strategic Issues: Civic Pride
Item: Public Hearing and Consideration of a rezoning request for 14.74 acres. north of
Holleman to Wolf Pen Creek & east of Texas Avenue to the Arbors of Wolfe Pen Creek
Apartments (known as the Pooh's Park Subdivision) from WPC -Wolf Pen Creek to
C-1 General Commercial Applicant is Dondaco, Inc., General Partnership. b~~
Dixie Dale for Pooh's Park Development, Ltd. -owner. (case # 96-116)
Policy Issues: Whether to continue implementation of the Wolf Pen Creek Master Plan
Item Summary: The particular property under consideration for rezoning is a tract with
Texas Avenue frontage and frontage on the future Kyle extension. It has a large...,
amount of creek frontage and is on the periphery of the WPC district at the upper end
of the creek near the Texas Avenue / SH 30 intersection. Property owners have'
expressed concern over their ability to market the property and develop it for retail use
under the WPC regulations. It is a large tract of .land that is attractive to thee. big b'ox
retailer or shopping center. These business orient to major arterials artd draw vehicular
traffic to their sites from these adjacent roadways
Allowing this property to develop oriented to Texas Avenue and without the
architectural review of the WPC district will not harm the future implementation of the
Wolf Pen Creek Master` Plan as long as certain conditions are placed. on this rezoning.
Conditions should include those that would not preclude improvements to the creek and
the minimum reservation area that are necessary to implement the plan.
Council determined that Kyle is to extend. through from SH 30 to Holleman. Only half of
the right-of-way will be coming from this tract and the City will be constructing the street
at some future date. A condition of this rezoning should also be that the necessary
right-of-way be dedicated for the future extension.
Financial Summary: The tax value of the property making up this rezoning
request has remained consfant since the creation of the Wolf Pen Creek Tax
o:\group\deve_ser\cvsht\96-116.doc
Increment Financing (TIF) District in 1989. The changing of the zoning would
not cause these property values to be removed from the TIF IJistrict.Property.
Staff Recommendation: Staff recommends approval of this rezoning with the condition
that the property owner address drainage, erosion control and ofher Wolf Pen Creek
Master Plan elements related to the creek and minimum reservation area as well as the
Kyle exfension. The P&Z held a public hearing. on 10-17 and recommended
unanimously to deny this request for C-1 zoning. Minutes are attached.
City Attorney Recommendation: Legal will. prepare the rezoning ordinance and any
potential development agreement in conjunction with the staff.
Council Action Desired: Approve rezoning with conditions or deny request.
Supporting Materials:
1. Location Map
2. Application
3. Staff Report
4. P&Z Minutes
o:\group\deve_ser\cvsht196-116. doc
Permitted uses consist of various. commercialuses such as restaurants, retail
establishments, night clubs,. etc. as well as apartment uses: The idea was to have
residential uses among a variety of small commercial enterprises that would take
advantage of the drainage and park improvements and thus orient themselves to the creek
area where pedestrian traffic could flow into and- out of the commercial areas. The
ordinance provides incentives for creek orientation and for property- dedication along the
creek:
Thus far the uses that have developed in the corridor hate been multi-family projects and
larger retail establishments that do not depend on pedestrian traffic but draw from the
adjacent arterial roadways (ie: Wolf Nursery and proposed big box retailers).. The multi-
familyuses have oriented some units to the creek while the commercial projects have
oriented o the major roadways.
MASTER PLAN REVIEW
The master plan for the entire district is under review at this time as part of a Council
Issue. Staffwill be re-examining the. master plan and involving public and property
owners along the corridor. Recommendations will be made to Council next spring.
Obvious choices will beta continue implementing the master plan as originally. adopted,
see if there is some logic to treating different `parts of the creek corridor differently. than
others thus making changes to he master plan, or disregard the master. plan altogether.
There may-be recommendations to-change the requirements in the WPC zoning district or
to alter the review process. At this time there are no answers as to which direction the
City will .take.
NOTIFICATION
Legal Notice Publication(s): 10-2-96
Advertised Commission Hearing Dates(s); 10-17-96
Advertised Council Hearing Dates: 11-20-96
Number of Notices Mailed to Property Owners Within 200':23
Response Received; One is opposition
~Planning Dtvlslon - Pooh's Park Rezoning
WPC MASTER PLAN OBJECTIVE
• Deter Greek bank erosion
• Promote urban development
•Avoid piecemeal projects
•Open Space park connector
• Preserve natural beauty
~Planning Dlvfslon - Pooh's Park Rezoning
STAFF RECOMMENDATIONS
dApproval with Condition. for
Development Agreement
- Provides far WPG Plan Implementation
- Kyle Extension R8W
Planning Division - Poah's Park Rezoning
• WPC Master Plan Objectives
~ Comprehensive Plan Policies
~ WPC. District Regulations.
1
~%
~OCT- 1 ~ -96 THU kj l : Gb I-'r1 W 1 LL i A('1;~. ?tF'Kt'`:.=.. LUt~t 4~y r r'~ 47G'~ F-'. E9i'
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"~'exaco ~~-press Lube
1797. I3riarcreet 301 N. Te.~s 305 E. Holleman 208 H~~~ 75 N.
I3xyan, 'IX 7780y $tt'an, TX 77803 College Station, TX 7780 Huntsville, T177i~7.
(~09) 77Fr8200 tom) 779-8300 (~d9) 7'7993 (~09) 291$200
October 16, 1996
Jane Kee
College Station, TX
RE: Rezoning part of the Wolf Pen Creek Corridor to Commercial C 1 property
Dear Ms. Kee,
It has come to our attention that. you oppose the rezoning of this property to C 1. We do
not know what the specific reasons are for your opposition but we would like to voice our
opinion in favor of the rezoning.
We have seen a lot of interest in the development of this property throughout the years,
until the developers find out what the actual restrictions on the property are because of the
current zoning status. After that, they go elsewhere, We feel that if the property were
rezoned back to C 1 property there would be businesses there rather than vacant lots. We
are well aware of the drainage problems of Wolf Pen Creek. We are also aware of the fact
that the voters of College Station voted not to pay for the proposed drainage solution. If
the property were Cl property, the businesses that come into this area. would naturally
have to build there own. retention ponds for drainage which would solve your problems of
flooding the Wolf Pen Creek Park: Plus, the. businesses would draw more people into this
area who would see Wolf Pen Creek Park and maybe use its facilities that are already in
place.
Also, for those of us who are in business at this time, if or when we decided to sell our
businesses, we'd be .able to. As it is zoned now, I don't believe we Gvould be able sell our
properties at a competitive market price, if at all, considering how long it took for the
apartments to go in down the street,
Please reconsider your opposition to this rezoning. I think that once you consider
everyone's best interests, including the citizens of College Station who have more than
enough parks already since most of them are relatively empty most of the time, you will
~'-
~~
cl
of College Station
FAa
Phone. _ __
Fax~honc _
CC
Development Services
P:O. E3ox 9960, Collcgc Station, TX 77842-9960
Date: ~ ~~ ~~( ~
Number of pages including cover sheet ~--
Fron
Phone. (409) 764-3570
Fax hone. (409) 764-3496
Please comment
Rl•:MARKS: ^ Urgent ^ For your review ^ Rcpl}' ASAP
ArboYS of Wolf Pen Creek, Ltd.
8144 Walnut Hill Lane Suite 550
Dallas, Texas 75231
Ms. Jane Kee October 17,1996
City of .College Station -Planning Dept.
P.O. Box 9960
College Station, Texas 77842-9960
Re: Dixie Dale For Dondaco, Inc.
Rezone°ng IXequest
Dear Jane:
In response to your notice dated October 4, 1996 regarding the adjacent
property owner's request to rezone, the owners of the Arbors of Wolf Pen Creek
are opposed to any rezoning that removes any property currently in Wolf Pen
Creek district from same. The owners of the Arbors were held to .the high
standards of the district and expect every current landowner in the district to be
held to the same set of standards... Wolf Pen Creek is an amenity that the owners
of the Arbors fully expect to be improved and this cannot be done without the full
support of the current land. owners. By,removing land from this district, the city
jeopardizes further improvements to Wolf Pen Creek and the overall quality of the
enti~edistwict.
If you have. any questions or matters you wish to discuss, please give me a
call at (214) 739-8141.
Si
ev n R. tley
President
P.S. Jane, you can always have the adjacent property owner contact me if they
would like further. explanation.
OCT-17-96 THU 01:20 PM WILLIAMS.XPRESS.LUBE 409 774 4929
~s f i~
Texaco ~~-pzess Lube
_..__...._......
P. 02
~7'9~ Iiriarcreet
'IX 77503
lixyaa~ 30~ N. Texas
B,[Yan, TX 77803 305 E. Holleman
College Station, TK 7780 308 Hws~ 75 N.
Huntsville,lZ 773~k1.
,
t~49) 77fi-800 (~J) 779.8,300 tom) 78~-7993 tA~0~9) 391500
October 16, 1996
Jane Kee
College Station, TX
RE: Rezoning part of the Wolf Pen Creek Corridor to Commercial C 1 property
Dear Ivls, Kee,
It has come to our attention that you oppose the rezoning of this property to Cl. We do
nat knave what the specific reasons are for your opposition but we would like to voice our
opinion in favor of the rezoning.
We have seen a lot of interest in the development of this property throughout the years,
until the developers find out what the actual restrictions on the property are because of the
current zoning status. After that, they go elsewhere. We feel that if the property were
rezoned back to C 1 property there would be businesses there rather than vacant lots, We
are well aware of the drainage problems of Wolf Pen Creek. We are also aware of the fact
that the voters of College Station voted not to pay for the proposed drainage solution. If
the property were C 1 property, the businesses that come into this area would naturally
have to build there own retention ponds for drainage which would solve your problems of
flooding the Wolf Pen Creek Parka Plus, the businESSes would draw more people. into this
area who would see Wolf Pen Creek Park and maybe. use its facilities that are already in
place.
Also, for those of us who are in business at this time, if or when we decided to sell our
businesses, we'd be able ta. As it is zoned now, I don't believe we would be able sell our
properties at a competitive market price, if at all, considering how long it tools for the
apartments to go in down the street,
Please reconsider your opposition to this rezoning. I think that once you consider
everyone's best interests, including the citizens of College Station who have more than
enough parks already since most of them are relatively empty most of the time, you will
OCT-17-96 THU 01:21 PM WILLIAMS.};PRES~.LUEE 409 774 4929 P. 03
see that rezoning the proposed property to C1 will do nothing but enh~.nce and advertise
the Wolf Pen Creek Park and amphitheater that is already in place.
Thank you for your time.
Sincerel ,
Lori Williams for Williams Lube Kilts
cc: Ritchard Talbert
Oct-15-96 O7:19P Z.Bavelloni-Tom Ruff 972 644-5020 P.O1
Walter E. Ruff
373$ Truesdell
Da11as,Texas 75244
October 15, 199b
Re: Rezoning request
City of College Station - Planning Division
P.0. Box 9960
1101 Texas Avenue
College Station,Texas 77842
Attn. Ms. Jane Kee
Dear Ms. Kee,
Regarding your October 4, 1996 letter., I agree with and
completely support the rezoning request apglied far by Ms. Dixie
Dale for Dondaco, Inc./Pooh's Park. As you may or may not be aware
both my property (Block 4 Lot 1) and that of Dondaco, Inc/Pooh's
Park were acquired in -the 19b0's long before the current Wolf Pen
Creek Corridor zoning district was planned, THIS ARBITRARY LAND
GRAB WAS VERY ILL-CONCEIVED: Please give the property rights badk to
the owner's who are actually paying the bill.
There are many reasons to overturn this un-fair restriction on
the groperty awner's.~(1) Eliminate the liability hanging over the
city, the city council and the planning division concerning this policy.
(2) Consider the increased tax and higher employment benefits to the
community that a single large user could bring once the property is
zoned commercial.(3} There are more than enough park facilities both
close-by ano th~z~ughout the city already.
in conclusion I a§k you to please support Ms. Dale in her rezoning
request. Please give support to those of us who are paying the taxes
and not to some utopia deemed desirous~by someone not paying the freight.
Sincerely yours,
alter E. Ruff
PERRY EELTON ID~817-939-6577 OCT 15'96 1618 N~.007 P.01
•~00 Chishbim Trail ~`8
Salado, Texas 76571
October 25,1996
Fax to:
Kr. Richard Talbert
409-846-2055
Ma. die KeA
409~4~-3496
I have received corresQondence from the City of
College Statfon regarding the application of
Dondacc,Inc (Case Number 96~116)tQf Rezone their
properties from wPC to C-1.
as Or~ner of .Lot. 2, Alock 4, adjacent to their
properties, I strongly su~rt their application
and urge its approval.
Your ery trul ,
r
~y.=,.`
John S. Denison
~~~ CITY OF COLLEGE STATIOI~I
`~ LEGAL DEPARTMENT
POST OFFICE BOX 9960 t 107 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960
(409) 7643507
MEMORANDUM -
DATE: November 4, 1.996
TO: Natalie Thomas, Planning Technician
FROM: Carla Robinson, Assistant City Attorney ~~~~
RE: Rezoning Ordinance - 1907 Texas Avenue; 104, 207-213 Holleman Drive
r
As requested, please find attached the proposed. rezoning ordinance for he above referenced
.property. The applicant is Pooh's Park Development, Ltd.
If we can be offurther assistance, please advise.
CRaah
Attachment:
:~
lahloagroupllegallrezoninglpoohpr/cdoc
11/04/96
4_
RICIiARD D. TALBERT, P. C.
ATTORNEY AND COUNSELOR AT LAW
424 YARROW, SUTTE 103
COLLEGE STATION, TEXAS 77840
TELEPHONE 409-846-.2055
February 24, 1997
Attn: Ms. Roxanne Nemcik, Acting. City Attorney
City of College .Station
1101 Texas Avenue
College Station, Texas 77842.
vf~c~'a3
!-
,.~'~~TY OF COLLEGE STAT~C~:
,; -
.. - .- ~ wj
~` 4~ ~~ ~ JJy.~ a~j~,/Q~'`~,~ ~7
:__ ~ .~~f7~PT. ~~~.~~~.ooo
RE: POOH'S PARK DEVELOPMENT, LTD. -ABANDONMENT OF POOH'S LANE
Dear Ms. Nemcik:
Enclosed is the Application for Abandonment of Public Right-Of--Way that has been
completed and signed by the. appropriate parties.. The. application. has been. signed and notarized,
and includes the Exhibit '#3, containing the signatures of the various utility representatives. It is
my understanding that you already have the metes and bounds:,description and the plat. for the
exhibits one: and two, and that you will .secure .the signatures of the city officials on Exhibit #4,
and that no signatures will be required for #5.
Please prepared the ordinance and Quitclaim Deed, and place this matter on the next
council agenda. The Grantee's name to be placed on the Deed is "Pooh's Park Development,
Ltd." If you..have any questions, or need any additional information, please advise me. I
appreciate your. prompt attention to this matter..
Sincerely yours,
Gam,
RICHARD b. TALBERT, P.C.
RDT:jmr
ENCLS '
~ v
-w ~ ~ p~
~,~~~
~~ -..
ZONING DISTRICT INFORMATION SUMMARY
Case #96-116
From WPC to C-1
Existing WPC Wolf Pen Creek District: Proposed C-1 General Commercial District:
PURPOSE: This district is designed to
encourage development in a predominantly
open and undeveloped area with drainage,
erosion and flooding problems. It is designed
to encourage the public .and .private use of
Wolf Pen Creek as an active and passive
recreational area while maintaining an
appearance consistent with the Wolf Pen
Creek Master Plan. Development should
enhance and preserve property values in the
Corridor.
PERMITTED USES
Retail sales & services with no outside storage
of merchandise.
Personal services.
Cleaners with no on-premise cleaning (drop
off & pickup only).
Professional offices.
Financial institutions.
Photographer's.studios.
Travel agencies or tourist bureaus.
Art galleries.
Music or dance studios.
Restaurants.
Hotels/motels.
Night clubs, taverns, bars.
Theaters or motion picture houses.
Arenas or coliseums.
Apartments built under the restrictions of the
R-6 zone.
Other uses maybe allowed as conditional uses
by the Planning & Zoning„Commission ;upon
recommendation by the Design Review Board.
PURPOSE: This district is designed to
provide a location Apr general commercial,
retail uses which serve the entire community
and its visitors.
PERMITTED USES: All in A-P and C-3, plus
the following:
Alcoholic beverage sales (retail & wholesale).
Arena -coliseum.
Automobile sales, rental & repair.
Automobile repair shop.
Bookstore, retail and wholesale.
Bowling alley.
Restaurant.
Car wash.
Cleaner, dry and pressing. plant, laundry
and/or linen supply.
Cold storage.
Commercial amusements.
Convalescent home.
Domestic. household equip. rental, storage.
Dormitories.
Drive-in eating establishment.
Filling. station, retail.
Funeral .homes.
Furniture, appliance store, sales, service.
Garage, commercial.
Hardware: store.
Hospital, sanitarium, nursing home or
convalescent home.
Hotel/Motel
Marine and fishing :equipment sales.
Mobile home sales,. storage.
Nursery plant sales..
Public parking building or lot for operating
vehicles.
Printing and reproduction.
Private lodges, fraternal.
Radio or TV stations or studios, (no towers).
Retail sales and services.
Shopping center.
Storage garage.
Theaters and motion picture houses.
Warehouses for uses permitted in this district.
Other uses will be considered by the
Commission.
96-116
Arbors of Wolf Pen Creek
8114 Walnut Hill Lane #550 LB-6
Dallas, Texas 75231
96-116
Chelsea, inc
C/P for Wolf Creek Lube
300 Harvey Rd
College Station, Texas 77840
96-116
Dale & Elora Dale
3512 Parkway Terrace Cr
Bryan, Texas 77802
96-116
Dondaco Inc
c/o Dale Construction Co
Box 10405
College Station, Texas 77842
96-116
First United Methodist Church
P.O. Box 10276
College Station, Texas 77842
96-116
Homecraft Electronics
Bryan Radio TV/Wilburn Coe
4105 Tanglewood
Bryan, Texas 77802
96-116
Israel & Micaela Martinez
1810 Lowry
Laredo, Texas 78041
96-116
Arvindbhai Patel
c% E-Z Travel Motor Inn
2007 Texas Avenue S
College Station, Texas 77840
96-116
Neilon J. Rowan
9273 Lightsey Ln
College Station, Texas 77845
96-116
Sandi Inc
300 Harvey Rd
College Station, Texas 77840
96-116
John Beltrand
3610 S. College Ave
Bryan, Texas 77801
96-116
Clarke & Wyndham, Inc.
3608 E. 29th St #100
Bryan, Texas 77802
96-116
John S. Denison
800 Chisolm Trail #8
Salado, Texas 76571
96-116
Dondaco Inc
Pooh's Park Development Ltd
.3.512 Parkway Terrace Cr
Bryan, Texas .77802
96-116
Lydia Hilton
c% Henry Hilton
4978 Afton Oaks
College Station, Texas 77845
96-116
Lacour Investments
c/o Tom McLaughlin
P.O. Box 153
Kenner, LA 70063
96-116
Le Roy Melcher
3900 Essex, Suite 1040
Houston, Texas 77027
96-116
The Richard Smith Company
411 Texas Ave S
College Station, Texas 77840
96-116
Walter Ruff
3738 Truesdell Pl
Dallas, Texas 75244
96-116
Taco Bell
500 Capital of Texas Hwy Blvd #2
Austin, Texas 78746.
96-116 96-116
Tire and Auto Holdings Washington Chappel Baptist
2107 Grand Ave 906 Holik
Kansas City, MO 64108 College Station, Texas 77840
96-116 96-116
Alvin E. Williams Richard D. Talbert
2900 Arroyo Ct S 424 Tarnow Suite 103
College Station, Texas 77845 College Station, Texas 77840
^X Regular Item
Consent Item
^ Statutory Item
Item Submitted By:
For Council Meeting Of:
', Director Approval
City Manager Approval:
Item Summary: The following are points included in a draft development
agreement designed by staff (Exhibit. "A") to meet the above condition as presented
to Council on 1-9-97. Council delayed action on this item until this meeting to allow
more time :for negotiation on the issue of the Kyle extension. Results of these
negotiations will be presented at the meeting bn 1-23-97.
1. Owner dedicates floodway as per WPC / No construction required.
2. Owner dedicates minimum reservation as per WPC / No construction required.
3. Owner'provides metes and abounds :description of dedication areas.
4. Owner dedicates 1/2 Kyle ROW (35') /.City reserves right to assess (implied not
stated)
5. City abandons Pooh's Lane, waives $250 fee and waives payment for value of
estate being abandoned.
6. Owner gives City metes and bounds description.
7. City waives $200 development agreement preparation fee, but not legal costs of
preparation.
8. With site plan, maintenance access:easement to the dedication areas is to be
granted.
Policy Issue Statement: This .item .impacts the Transportation/Mobility Ends
Statement because of the issue of Kyle as well as the. Civic Pride Ends Statement
calling for a well planned community: Other policy issues affected are floodplain
development,. continuation of the Wolf Pen Creek Master Plan and the Council Issue
of Encouraging Retail Development.
Jane R. Kee, City Planner
Item Background: Council approved the rezoning of Pooh's Park from WPC to C-1
subject to conditions vvhich were reflected in the staff recommendations on 11-20-96.
Staff recommendation was that the property owner address drainage, erosion control
and other Wolf Pen Creek Master Plan elements. related to the creek and minimum
reservation area as well as the. Kyle extension as a condition of receiving C-1 zoning.
This item was considered at the.January 9,:1997 Council meeting. Direction was
.given at #hat time to continue negotiating the remaining item in dispute and attempt to
reach a resolution. Direction was also given to bring this item back for Council
consideration at this meeting.
Budgetary and Financial Summary:. The development agreement as written by
staff provides a dedication of land for right-of-way to extend Kyle... The estimated
value of the dedicated right-of-way is approximately $150,000. The estimated cost of
the extension. of Kyle associated with this tract of land is approximately $150,000.
which includes a portion of the roadway-and the design and engineering. There are
no funds currently available for the construction. of Kyle. The 1995 Bond
Authorization includes some funds for thepurchase of additional .right-of-way for the
Kyle extension.
Staff Recommendation: Recommendation will be made at the meeting once
negotiation has been exhausted.
City Attorney Recommendations/Comments: Approved as to forma Legal
prepared agreement with Development Services staff.
Council Action Options:.Approveagreement as presented by staff, Approve
alternative if presented by developer. Direct staff to revise agreement.
Supporting Materials:
1. Location Map
2. Map showing properties abutting Kyle
3. Council Minutes from .Rezoning if available and from 1-9-97 meeting
4. Draft Development Agreement by Staff Exhibit "A"
property outside the common boundary line as established in the agreement.
9.K. Easement dated February 12,1997, executed by Pooh s Park Development,
Ltd. to City of College Station, and recorded in Volume 277fi, Page 35 of the
Official Records of Brazos County, Texas. (Tract 3}.
Purchaser requires written confirmation from Sellerthat Seller has completed
or is ira the process of completing its obligations pursuant to the Agreement
as allocated by the Contract. Purchaser also requests a copy of the
Maintenance Access Easemen# required by Section 2, Page 2 of the
' Agreement.
® .CITY OF COLLEGE STATIOI`I
Post Office Box 936® I lot Texas Rsvencxc
ColieOe ~tatton, Texas 77842-9x360
(409) 7643500
February 1, 1999
Mr. Richard D. Talbert, P.C.
Attorney and Counselor at Law
424 Tarrow, Suite 103
College Station, Texas 77840
Re: POOH' S PARK
Dear Mr. Talbert:
Per your request for easement information and verification I present the following:
The easement is a "Sewer Easement", also called a "Wastewater Easement" and is solely
for sewer/wastewater access.
The City of College Station does not claim an easement for any other purposes across this
unrecorded sewer easement and that such unrecorded easement does not extend to any
other areas other than the area upon which the present sewer/wastewater line is located as
indicated on Brad Kerr's survey dated September 17, 1994.
Please feel free to contact me if you have any .questions or concerns. I can be reached at
(409) 764-3660.
Sincerely,
La rence Carter, Field. Operations Superintendent.
cc: Bill Riley, Water/Wastewaterbivision Manager
Jane Kee, City Planner
E{ome of Texas A&P~ Ctn€ver~€ty
01-19-1999 04:52PM FROM KENNADYPC2TALEERT PCP. C. TD
~ ,' ~
7643496 P.01
RICHARD D. TAl.BERT, P.G.
ATTORNEY AND CpUN9ELOR At LAW
424 TAi\ROW , 9UI7E t03 _~/
COLLEGE NATION, TEXAS 77840
i
TELEPHONE 409-846-055 FAX 4~D9°846-t272
FAX TRANSMITTAL COVER PAGE
CONFIDENT(ALITYN0TICE: THE DOCUMENTS ACCOMPANYING TH15 TELECOPYTRAN5M155fON CONTAIN
CONFIDENTIAL INFORMATION WH[CH 15 LEGALLY PRIVILEG-ED. THE INFORMATION 15 INTENDED ONLY
FOR THE USE OF THE RECIPIENT NAMED BELOW. IF YOU HAvE REGEIV7=D THIS TEL>=COPY IN ER1zOR,
PLEAS= IMMEDIATELY NOTIFY U5 SY .TELEPHONE TO ARRANGE FOR RETURN OF THE ORIGINAL
DOCUMENTS TO US. YOU APE HEREBY NOTiF(cD THAT ANY DI5CL05URE, COPYING, DISTRIBUTION,
• OR THE TAKING OF ANY ACTION ON RELIANCE ON THE CONTENTS OF THIS TELECOPIED INFORMATION
15 5TR[CTLY PROHIBITED.
. Date: ~ • 9~ Eile No.: ~7~.~zi•o•~o
Piea;~e deliver the following pages to:
NAME: ~/Q ~~ l~~e.
. COMPANY/FIRM:: ~ ~ ••~ '~
CITY &. STATE: ~ ~ y
FAX~NO.: ~ ~~~ ~ ~~~
FRO~vI 'FAX NO.: (409) 8~•6-1272
-- /,-{'rte ~ ~. _ ._:.~.c,+N- c~fi v~ r s~-~ ....
COMMENTS: ~ ~.~~ ~~~ ~~,•~~_ ~~ ~~u~
1Ne are transmitting co~ie5 (including this cover le-~ter}.lf trar15mi55ion i5 n.
complete, call:
0}~erator'S Name: {409} S~Ei-.2055
01-19-1999 04~53PM
~ l
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~ W
i
I
I
FROM KENNADYPC2TALEERT PCP. C. TO 7643496 P.02
legible. Purchaser requires a legble copy of this easement so that
Purchaser can determine if any objections are necessary. Purchaser
~ therefore reserves its objections, if any, to Phis exception and wiR provide
further comments to samewithin twenty(20}days of receipt of a legible copy
of the easement.
9'.F: 15' Sewer Easement dated October 15, 1978, execu#ed by Don R. Dale to
the ..City of College Station, and recorded in Volume 409, Page 7fifi, of the
Deed Records of Brazos County, Texas, in northwest portion oftract. (Tract
3).
The easement does not specifcaily provide what type of easement is
permitted pursuant to the rights granted in the easement. ..The Survey
provided by Seller states that it is a "Sewer Easement"..Purchaser requires
_~,written.verification from the City of College Station that the easement is
solely for sewer access.
9:.H' Unrecorded Easement for sewer Tine as shown on survey by Brad Kerr,
R.P.L.S. #4052 dated September 17,1994, from the northwest line to center
of tract to southeast side of tract. (Trac# 3).
Seller must provide vysit~etL~rlf cati~ the City of College Station that
_ > the City of .College. Station does not claim an easement for any other
purposes across this unrecorded sewer easement.anslthat such unrecorded
easement does not extend to any other areas other than. the area upon
which the present sewer line is located as indicated on Brad Kerr's survey
dated September 17 1994
J
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