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00 Regular Item
D Consent Item
D Statutory Item
Item Submitted By:
For Council Meeting Of:
Director Approval:
City Manager Approval:
Jane R. Kee. City Planner
November 13.1997
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Item: Discussion and Possible action on a Development Agreement which was a
condition of a rezoning on Lot 1, Block 1, Wheeler Subdivision, located at the
southeast corner of University Drive and Lincoln.
Item Summary: On 8-12-97 Council approved a rezoning request from A-P to C-B for
2.5 acres at the corner of University Drive and Lincoln Avenue. The applicant at the
time presented an impact study regarding sewer and presented conceptual site plans
and architectural elevations to show the intended use. The proposed project is a 3
story Marriott Towne Place Suites extended stay hotel.
Council's motion was for approval with the condition that a development agreement be
entered into whereby the proposed project would be built within a given time frame or
the zoning would not become effective. The agreement was also to outline
participation for sewer improvements and to ensure that the project is eventually built
as shown on proposed plans and drawings. The latter is to assure the adjacent
neighborhood that what was shown to City Council will be what gets built. In summary
the agreement does the following:
1. The developer will upgrade a given sewer line based on .impact study
recommendations from an 8" to a 10" line. The City will pay for oversizing the line to
a 12" line. The City will also pay design and construction costs for upgrading
another portion of sewer from an 8" to a 12" line. This portion is not necessary to
the development but accomplishes a needed upgrade for the area. The developer
will design and construct all sewer improvements. Reimbursement from City will
occur after accepted by City.
The Wheeler representatives have also asked the City to reserve sewer capacity for
the remainder of the Wheeler subdivision (property on the southwest corner). The
City does not "reserve" sewer capacity for individual future developments. The
sewer upgrades the developer is doing have to be done specifically for the Marriott
Towne Suites project. But there will be excess capacity after these upgrades.
There is a paragraph in the agreement that states that when the remainder of the
Wheeler property develops, if there is insufficient capacity due to other development
that has occurred, the City will reimburse the developer at that time all reasonable
costs to additionally upgrade the system.
2. The agreement calls for building the project within two years or the zoning
reverts back to A-P.
3. It calls for a buffer to be maintained as was presented on the conceptual site
plan. The buffer can be used for only passive recreational uses or storm water
management.
4. Access is limited to one cut on University and one on Lincoln for the southeast
property.
5. Building height is limited to 3 stories, facade shall be at least 25%. brick. Colors
shall be muted earth tones. These items were all presented on the elevations at the
Council hearing.
6. The number of suites is limited to 95.
The remainder of the agreement has the standard indemnification and insurance
clauses. These do expire 5 years after execution of the agreement. There is also
warranty language that states warranty expires after one year from acceptance of
sewer line.
Policy Issue Statement.: Civic Pride
Budgetary and Financial Summary: Cost to the City for oversizing the line required
for the development is $10,208. Cost to the City for upgrading the additional line for
the area is estimated to be $50,206. Total cost is $60,414. There is $40,000 available
in the sewer collecti.on rehab fund and $50,000 available in sewer oversize for this
year. There could potentially be minor cost to City if there. is insufficient reserve sewer
capacity when remainder of Wheeler property develops, if this paragraph is included in
the agreement..
Staff Recommendation: Approve agreement as. presented.
City Attorney Recommendations/Comments: City Attorney's office worked closely
with Development Services staff and applicant's attorney in preparation of this
agreement.
Council Action Options: Approve agreement as written or direct staff to make
changes.
Supporting Materials:
1. Signed Development Agreement with Exhibits A-H
2. Council Minutes of 8-12-97
Regular 8/12/97
Page 5
Councilman Mariottmade a motion to approve the Comprehensive Plan. The
motion was seconded by Mayor Protem Kennady.
Discussion by councilmembers related to the fact that the final report was not
presented to Council prior to consideration.
Mr. Kennady made an amended motion to delay the vote until the final document
is brought before the Council at the earliest date possible.
Councilman Esmond seconded the motion which failed by a vote of 2-2-1.
FOR: Mayor Protem Kennady, CounCilmembers Esmond
AGAINST: Mayor Mcllhaney, Councilmembers Mariott
ABSTAINED: Councilman Anderson
The original motion to adopt the comprehensive plan by resolution carried 3-2.
FOR: Mayor Mcllhaney, Council members Kennady, Mariott
AGAINST: Councilmembers Anderson, Esmond
Item No. 50: Public hearina and consider rezonina of approximately
4.24 acres located on the southeast corner of University Drive and
Lincoln Avenue from A-P Administrative-Professional to C-B Business
Commercial. (97-106).
City Planner Jane Kee presented the staff report and stated that the existing
A-P zoning conforms with the University Drive Corridor Land Use Plan, which
shows business commercial uses to the west of Lincoln and lower impact
administrative professional uses to the east of Lincoln. The C-B zoning would
shift the boundary line between the business commercial and the administrative
professional tethe east, adjacent to the existing Post Oak Forest offices. The
applicant has requested that the policy relating to land uses on the south side of
University be changed to reflect more business commercial as opposed to
administrative professional. The existing policy guarantees that the city has
some vacant land"reserved for office uses. Staff recommended against the
rezoning because the policy change in rezoning would no longer reserve a
significant amount of land for office use and it does not conform with council
policy reflected in the Comprehensive Plan. If the rezoning and policy is
changed, staff recommended approval with the condition that a sewer impact
study be provided at the time of development analyzing the impact of
dev~lopment on the sewer infrastructure and that anyiITIprovements are borne
by the developer. Planning and Zoning Commission voted 4-1 to recommend
denial of the request.
Mayor Mcllhaney opened the public hearing.
Regular 8/12/97
Page 6
Hank McQuaide of 12939 SH 30, spoke in favor of the rezoning to C-B.
Fain McDougal of4150 Shadowbrook, real estate broker representing MicroAge
stated that the proposed Marriott Suites will harmonize with the newly built
townhomes along Lincoln Avenue.
Jonathon Brinsden with Hamm Corporation informed the Commission that he is
currently working with MicroAge for development of a freestanding office building
and Marriott for extended stay suites called Town Place Suites.
Dow Hamm, 11\ President of Hamm Corporation in Humble, Tx. addressed the
Council and encouraged Council to approve the request.
Stewart Kling, local engineer, addressed the Council on the sewer line
infrastructure. Council asked several questions regarding this issue.
The following citizens addressed the Council in opposition to the rezoning. The
concerns related to the development affect on the quality of life, integrity of
neighborhood, and the fact that previous council's have set a direction by
establishing a zone in the area.
Oran Nicks, 901 Munson
Joe LaCour, 608 Summerglen
Horace Hodge, 601 Summerglen
Steven Miller, 906 Munson
Greg Bennett, 612 Summerglen I
Mayor Mcllhaney referred to letters receivr from Councilman Dick Birdwell and
Bill Smith, a resident from College Hills SUrdivision.
Mayor Mcllhaney closed the public hearing.
I
Councilman Esmond made a motion to apJrove Ordinance No. 2254 with the
condition that the develOP. er provide the st"er capacity and an acceptable
development agreement be brought back tr. council. Councilman Esmond
clarified his motion to restate that the develloper is responsible for terms of the
development agreement and if he fails, the I rezoning of this property is not valid.
Mayor Protem Kennady seconded the motion. Motion carried. 4-1, Councilman
Anderson voted against the motion.
~
3. There shall. be a buffer area m.aintained by HAMM as shown on the conceptual
site plan attached as EXHIBIT F. All existing vegetation shall be maintained
within this buffer area by HAMM and supplemented by street trees as required
by the City's streetscape regulations. The buffer area may be used for passive
recreational activities or storm water management. It may contain pedestrian or
bike trails, but no active recreational activities shall be allowed. No parking or
building shall be allowed in the buffer area.
4. Access shall be limited to one right-in, right-out drive onto University Drive and
one access drive onto Lincoln.
5. Building height shall be limited to 3 stories, building facades shall consist of at
least 25 percent brick and colors shall be muted earth tones as shown on the
rendering presented to City Council (EXHIBIT G).
6. The number of suites shall be limited to 95.
7. All notices and documents required herein shall be sent and provided to the
parties at the addresses and telephone numbers listed below:
W. Dow Hamm, ill Corporation
Dow Hamm, III.
20202 Highway 59 North, Suite 100
Humble, Texas 77338
City of College Station
City Planner
P.O. Box 9960
College Station, Texas 77842
All notices and documents. shall be deemed received when mailed with sufficient
postage and deposited in a regular mailbox of the United States Post Office. The
parties may change addresses upon thirty (30) days' written notice sent certified
mail, return receipt requested.
8. This Agreement shall be filed of record in the Official Records of the Brazos
County Clerk, Brazos County, Texas.
9. HAMM agrees to and shall indemnify, hold harmless and defend 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 expenses
of litigation, court costs, and>attorney's fees, for injury to or death of any person,
or for damage to any property arising out of or in connection with this
:Development Agreement. . Such indemnity shall apply where the claims, losses,
damages, causes of action, suits, or liability arise in whole or in part from the
negligence of the CITY. Said indemnification shall be.in full force and effect for
five (5) years from the date of execution of this agreement and will then
terminate. HAMM's liability to repair or replace defective materials or
workmanship or both. in cOJ;1I1ection with the im.provements to be constructed
pursuant to this agreement shall cease one (1) year after the sewer line is
accepted by the CITY as provided in Item l' above.
"O''DEVE_SER''DEV-AGR''BRlNSDEN.doc'' 3
00 Regular Item
D Consent Item
D Statutory Item
Item Submitted By:
Jane R. Kee, City Planner
For Council Meeting Of:
Director Approval:
City Manager Approval:
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Item: Discussion and Possible action on a Development Agreement which w~s a
condition of a rezoning on Lot 1, Block 1, Wheeler Subdivision, located at th~
southeast comer of University Drive and Lincoln.
,
There is a paragraph in the agreement that states that when the remainder of the
Wheeler property develops, if there is insufficient capacity due to other development
that has occurred, the City will reimburse the developer at that time all reasonable
costs to additionally upgrade the system.
2. The agreement calls for building the project within two years or the zoning
. f<.. reverts back to A-P. .
<~g,; 3. It calls for a buffer to be maintained as was presented on the conceptual site
V'ff plan. The buffer can be used for only passive recreational uses or storm water
V management.
4. Access is limited to one cut on University and one on Lincoln for the southeast
property.
5. Building height is limited to 3 stories, facade shall be at least 25% brick. Colors
shall be muted earth tones. These items were all presented on the elevations at the
Council hearing.
6. The number of suites is .limited to 95.
The remainder ofthe agreement has the standard indemnification and insurance
dauses. These do expire 5 years after execution of the agreement. There is also
warranty language that states warranty expires after one year from acceptance of
sewer line.
Policy Issue Statement: Civic Pride
Budgetary and Financial Summary: Cost to the City for oversizing the line required
for the development is $10,208.. Cost to the City for upgrading the additional line for
the area is estimated to be $50,206. Total cost is $6Q,414. There is $40,000 available
in the sewer collection rehab fundan~ $50,000 available in sewer oversize for this
year. There could potentially be minor cost to City if there is insufficient reserve sewer
capacity when remainder of Wheelerproperty develops, if this paragraph is inCluded in
the agreement.. '"
Staff Recommendation: Approve agreement as presented.
City Attorney Recommendati(m~/Comments: City Attorney's office worked dosely
with Development Services staff and applicant's attorney in preparation of this
agreement.
Council Action Options: Approve agreement as written or direcfstaff to make
changes.
Supporting Materials:
1. Signed DevelopmentAgreement with Exhibits A-H
2. Council Minutes of 8-12:'97
~ ~
DEVELOPMENT AGREEMENT
This Agreement is entered into this the 13th day of November, 1997, by and between the
City of College Station. a Texas Home-Rule Municipal Corporation (hereinafter referred
to as "CITY"), and W. Dow Hamm, III., Corp (hereinafter referred to as "HAMM"), a
Texas Corporation.
WHEREAS, HAMM is the developer of the property more particularly described as Lot
1, Block 1, Wheeler Subdivision Phase One, (hereinafter referred to as "MARRIOTT
PROPERTY"), as shown on the plat, a copy of which is attached hereto and incorporated
herein by reference;
WHEREAS, City Co~ncil approved a motion to rezone 2.5 acres on the southeast corner
of University Drive arid Lincoln from A-P Administrative Professional to C-B Business
Commercial with conditions offered by the applicant, and
WHEREAS, HAMM has proposed to build a Marriott Towne Place Suites extended stay
hotel on this 2.5 acres, and
WHEREAS, HAMM offered several conditions to mitigate potential negative impacts of a
3-storyhotel at this location, and
WHEREAS, impact studies have shown inadequate sewer capacity in the system for this
use, and
WHEREAS, HAMM agreed to pay for upgrades to the system to accommodate this
particular use, and
WHEREAS, HAMM desires to assure future sewer capacity for all properties within the
Master Plat for the Wheeler Subdivision (planning case file #97-316) (EXHmrr A),
attached and incorporated herein by reference.
WHEREAS, The CITY has deten;riiqed it necessary to do additional upgrades th~t ~e not
related to this particular use but nycessary for future developments in the area, and
WHEREAS, The CITY and ~ "have agreed to participate in these upgrades,
WHEREAS, The City Council copsidered and approved this Development Agreement on
November 13, 1997,
NOW, THEREFORE, for and in consideration of the recitations above and in
consideration of the promises and covenants herein expressed, the parties hereby agree
and covenant as follows:
"'!I" ~
"O''DEVE _ SER"DEV -AGR"BRINSDEN.doc"
I. HAMM shall be responsible for the cost of upgrading the 8 inch sewer line for
the MARRIOTT and WHEELER PROPERTIES, as shown on the Wheeler
Master Plat from M029 (Sheet 033, B I) to M007 (Sheet 032, B2) (EXHIBIT
B) to a 10 inch sewer line as outlined in the Impact Study submitted by.Kling
Engineering (EXHIBIT C) attached and incorporated herein by reference.
CITY shall be responsible for the construction cost to oversize the above
referenced line from a 10 inch to a 12 inch sewer line.
CITY shall also be responsible for the design and construction cost to upgrade
the 8 inch sewer line from MOI8 to M029 (Sheet 033, BI) (EXHffirr D) to a
12 inch line.
EXHIBIT E outlines cost participation for both HAMM: and CITY.
These improvements shall be. designed and constructed by HMvfM as part of the
development of the MARRIOTT PROPERTY. During construction, the City
Engineer shall have the project inspected. Once the sewerline is constructed,
HAM:M shall remit .a "Completion Letter" to the City Engineer. If the inspector
agrees that all work has been completed in accordance with the City's
specifications, the City Engineer shall provide written documentation to HMvfM
of the formal acceptance of the sewerline. Upon receipt of the acceptance letter
by CITY, HAMM: shall invoice the CITY for CITY'S participation referenced in
EXHffiIT E. CITY shall remit payment within thirty(30) days of invoice.
Per the sewer impact study provided hy HAlvDvi during the processing of
the Wheeler Master Plat, all properties within the Wheeler Subdivision
shown on EXHIBITA will require the construction of a 10" sewerline as
outlined in Item 1. above. HAlvDvi desires. to assurefuture capacity for all
properties within this subdivision, but the CITY does not currently
"reserve" sewer capacity for any future development. However, in. view of
the concerns expressed by HAlv!M, the City does hereby agree to as,sure
future sewer capacity for all properties within. th~Wheeler Subdivision,
peranticipatedjlows outlined in the referencedimpact study. In the event
that such future sewer capacity is not avatlable to' said properties within
the sewerline improved and paid for by HAfi1M. pursuant to this
development agreement, CI1Y agrees to reimbkrse HAMM or any other
developer all reasonable costs and expenses to be incurred in increasing
sewer capacity necessary for the development of any and all properties
within the Wheeler Subdivision as referenced in the impact study.
2. IfHMvfM does not build the project as described within two (2). years from the
date of this agreement the zoning will revert back to A-P Administrative
Professional on Lot 1, Block 1, Wheeler Subdivision Phase One. ..-
~ ~
"O"DEVE _ SER'"DEV -AGR"BRINSDEN.doc" 2
3. There shall be a buffer area maintained by HAMM as shown on the conceptual
site plan attached as EXHIBIT F. All existing vegetation shall be maintained
within this buffer area by HAMM and supplemented by street trees as required
by the City's streetscape regulations. The buffer area may be used for passive
recreational activities or stonn water management. It may contain pedestrian or
bike trails, but no active recreational activities shall be allowed. No parking or
building shall be allowed in the buffer area.
4. Access shall be limited to one right-in, right-out drive onto University Drive and
one access drive onto Lincoln.
5. Building height shall be limited to 3 stories, building facades shall consist of at
least 25 percent brick and colors shall be muted earth tones as shown on the
rendering presented to City Council (EXHIBIT G).
6. The number of suites shall be limited to 95.
7. All notices and documents required herein shall be sent and provided to the
parties at the addresses and telephone numbers listed below:
W. Dow Hamm. HI Corporation
Dow Hamm, III.
20202 Highway 59 North, Suite 100
Humble, Texas 77338
City of College Station
City Planner
P.O. Box 9960
College Station, Texas 77842
All notices and documents shall be deemed received when mailed with sufficient
postage and deposited in a regular mailbox of the United States Post Office. The
parties may change addresses upon thirty (30) days' written notice sent certified
mai~ return receipt requested.
8. This Agreement shall be filed of record in the Official Records of the Brazos
County Clerk, Brazos County, Texas.
"
9. HAMM agrees to and shall indemnify, hold harmless and defend 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 expenses
oflitig~tion. court costs, and attorney's fees, for injury to or death of any person.
or for. damage to any property arising out of or in connection with this
Development Agreement. Such indemnity shall apply where the claims, losses,
damages, causes of action. suits, or liability arise in whole or in part from the
negligence of the CITY. Said indemnification shall be in full force and effect for
five (5) years from the date of . execution of this agreement and will then
tenninate. HAMM's liability to repair or replace defective mat~ria1s or
workmanship or both in connection with the improvements to .be coilstructed
pursuant to this agreement shall cease one (I) year after the se\Wf line is
accepted by the CITY as provided in Item 1 above.
"Q"DEVE _ SER''OEV-AGR''BRINSDEN.doc'' 3
10. For five (5) years from the date of execution of this agreement, HAMM shall
procure and maintain at its sole cost and expense, insurance against claims for
injuries to persons or damages to property that may arise from or in connection
with the performance of the work hereunder by HAMM its agents,
representatives, volunteers, employees or subcontractors. HAMM's insurance
coverage shall be .primary insurance with respect to CITY, its officials,
employees and volunteers. Any insurance or self-insurance maintained by CITY,
its officials, employees or volunteers, shall be considered in excess of the
HAMM's insurance and shall not contribute to it. Certificates of Insurance and
endorsements shall be furnished to the CITY and approved by CITY before
CITY issues a Certificate of Occupancy. A Property Insurance Policy shall be
required. The following general requirements shall be applicable to the policy:
A. Property insurance shall be written by a carrier with an A: VIII or better
rating in accordance with the current Best Key Rating Guide.
B. Only insurance earners licensed and admitted to do business in the State of
Texas will be accepted.
C. Deductibles shall be listed on the Certificate of Insurance and are
acceptable only on a per occurrence basis for property damage only. The
deductible limits shall not exceed Ten Thousand Dollars ($10,000.00).
D. Claims Made Policies will not be accepted.
E. The coverage. shall contain no special limitations on the scope of protection
afforded to the City, its officials, employees,. or volunteers.
F. The insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, cancelled, or reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City of College Station.
G. The following Commercial General Liability will be required and
maintained during the period of this Agreement.
a. Minimum Combined Single Limit of $600,000.00 per occurrence for
Bodily Injury and Property Damage.
b. Coverage shallbeat least as broad as Insurance Service's Office form
'"
number CG 0001.
c. No coverage shall be deleted from the standard policy without
notification of individual exclusions being attached for review and
acceptance.
Certificates of Insurance shall be prepared ... and executed by the insurance
company or its authorized agent, and shall. contain provisions and warranting the
following: .0
a. The company is licensed and admitted to do business in the State of
Texas.
b. The insurance set forth by the insurance company are underwritten on.
forms which have bee approved by the Texas State B,oard of
Insurance or ISO. . -
~ ~
"O"DEVE _ SER"DEV -AGR"BRlNSDEN.doc" 4
c. Sets forth all' endorsements and insurance coverage according to
requirements and instructions contained herein.
d. Shall specifically set forth the notice of cancellation, termination, or
change in coverage provisions to the City of College Station.
e. Original endorsements affecting coverage required by this section
shall be furnished with the certificates of insurance.
11. This Development Agreement.has been made under and shall be governed by the
laws of the State of Texas. Venue shall lie in a court of competent junsdiction in
Brazos County, Texas. If it is determined that the CITY OF COLLEGE
STATION had no authority to enter into this Development Agreement, then
HAMM agrees that it shall meet all conditions as required by this pevetopment
Agreement or zoning shall revert back to A-P Administrative Professional on Lot
1, Block I, Wheeler Subdivision Phase One and each party shall be considered to
be returned to the position he was inbeforetlUsDevelopment Agreement was
entered into except that sections 9 and 10 shall remain in full force and effect.
12. In the event of litigation, HAMM agrees to pay and shall pay for all of the
attorney's fees,court costs and other litigation costs of CITY.
I3. HAM1v1 shall provide proof of its authorization to execute this Development
Agreement, which proof of authorization to sign is attached hereto as Exhibit
H.
14. This agreement shall be binding upon and inure to the benefit of any successor,
heirs or assigns.
Executed trus the 13th day of November. 1997.
HAMM
BY:#~~~
CITY OF COLLEGE STATION
BY:
Lynn McUhaney, Mayor
.
~
ATTEST:
Connie Hooks, City SecretaI)'
APPROVED:
George K. Noe, City Manager
Harvey Cargill, City Attome}t
~ ~
''O''DEVE_SER''DEV-AGR"BRrnSDEN.doc''
Charles Cryan, Acting Director
of FiscaIlHuman Resources
STATE OF TEXAS
)
)
)
ACKNOWLEDGMENT
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally ,
as President of HAMM, a Corporation. known to me to be the person whose
name is subscribed.to the foregoing instrumept, and acknowledged.to me that he executed
the same for the purposes and consideration. therein expressed.
Given under my hand and seal of office on this the day of . 1997.
Notary Public in and for
The State of Texas
STATE OF TEXAS
)
)
)
ACKNOWLEDGMENT
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally appeared Mayor
Lynn McDhaney, as Mayor of the City of College Station, a Texas Municipal
Corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal'ofoffice on this the day of . 1997.
Notary Public in and for
The State of Texas
~
~ ~
"O''OEVE_ SER''OEV-AGR''BRINSDEN.doc'' 6
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SANITARY SEWER IMPACT STUDY
FOR
BERT WHEELERS INC.
8.471 & 4.242 Acre Tracts
Richard Carter Survey, A-8
College Station, Brazos County, Texas
August 7, 1997
DEVELOPED BY
Bert Wheelers loc. '
10665 Richmond
Houston, Texas 77042
PREPARED BY:
"Kling Engineering & Surveying
4013-Texas Ave., Suite 212
Bryan, Texas 77802
__-,.{~~~) 846-6212 -
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