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HomeMy WebLinkAboutMiscellaneousPZ200U04 City of Colleqe Station 11/02!00 Project General Information 09:36:39 Project number Type information, press Enter. Project description Application date Project type code~(F4) Project status code (F4) . Applicant Old Case File Number . Planner assigned (F4) Accounting project nbr . Number of dwelling units . Total square footage . Building Permits notify 99 00000164 FAIRFIELD RESIDENTIAL (REZ) . 110199 E~ Z - REZONING IN INACTIVE STANLEY D ROSENBERG SM SABINE MCCULL . Blank=None, 1=Notify, 2=Hold F3=Exit F9=Prompt F12=Cancel The 8225 Central Park Drive, Suite 100 P.O. Box 22007 Wallace Waco, Texas 76702-2007 Grou ,Inc. (254) 772-9272 I~ FAX (254) 776-2924 Engineers ^ Architects ^ Planners ^ Surveyors LETTER OF TRANSMITTAL To: City of College Station Attn: Natalie Ruiz From: Talye Farrar Project: Fairfield Residential Project No.: 9794 Date: October 20, 1999 Pages: cc: Enclosed Please Find The Following For Your Use: Co ies Dated Descri lion 2 Plat & field notes for re-zonin 1 A lication for re-zonin 1 $250.00 A lication fee 1 Ownershi deed w/ Le al Descri lion Remarks: MEMORANDUM November 23, 1999 TO: Planning and Zoning Commission FROM: Sabine McCully, Senior Planner SUBJECT: Rezoning request for proposed Gateway Subdivision The subject property is a triangular sliver of land that is requested to be rezoned so that the existing R-5 zoning will align with a proposed ownership boundary. The proposed Gateway subdivision consists of a future mix of C-B and R-5 development, which is consistent with the Land Use Plan (updated through the University Drive Corridor Study in the early 90's) and with the zoning decisions that took place about five years ago. The Commission has reviewed preliminary plats on the entire Gateway area as well as final plats for smaller portions. Staff recommends approval. Attachments: 1. Area map 2. Application J:\PZTEXT\PZ02310.DOC ZONING DISTRICT INFORMATION SUMMARY Case #99-128 From C-B to R-5 Existing C-B Business Commercial PURPOSE: This district is intended as an alternative to general commercial districts in areas where certain commercial uses may be appropriate, but where more intensive uses of the land may not be compatible with the surrounding character. Only limited outside business activity is allowed. Outside business activity is defined as outside display of merchandise for sale but does not include outside storage of merchandise. Outside business activity locations are permitted only in areas no further than 50 feet from the building where the primary business is located and are not allowed in areas out in the parking lot. Outside business activity is not permitted within 50 feet from any adjacent roadway. PERMITTED USES: Administrative/professional offices. Alcoholic beverage sales (retail). Art studio or gallery. Cleaner (no on-site cleaning). Dance or music school. Domestic household and office equipment rental. Dormitory. Financial institution. Hotel/motel. Personal service shop. Radio or TV station or studio (no towers). Restaurant. Retail sales. Theater or motion picture house. Veterinary hospitals. Other uses may be considered by the Commission. Proposed R-5 Apartment Medium Density PURPOSE: This district provides land for development of apartment and condominium units at medium densities. This district may serve as a transitional zone between residential areas and non-residential areas. PERMITTED USES: Single family dwellings, built under the zoning restrictions of District R-lA. Duplex dwelling units, built under the zoning restrictions of District R-2. Townhouse dwelling units, built under the zoning restrictions of District R-3. Apartment(s) and Apartment buildings. Convalescent homes. Home occupations. Dormitories. Parking lots associated with other permitted uses in this district. Rooming and boarding houses. DEVELOPMENT AGREEMENT This Agreement is entered into this the _ day of , 2000, by and between the CITY OF COLLEGE STATION, TEXAS, a Texas Home Rule Municipal Corporation (hereinafter referred to as the "City"), and FF REALTY LLC, a Delaware limited liability company (hereinafter referred to as "Developer"). WHEREAS, Developer has entered into a contract to purchase the tract of land depicted and described on the plat attached hereto as Exhibit "A" (hereinafter referred to as "Property"); and WHEREAS, the City has required that Developer enter into this Agreement in connection with the development of the Property. 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. DEVELOPER'S OBLIGATIONS. Subject to Developer closing its acquisition of the Property, Developer agrees as follows: a. Developer agrees to dedicate and convey, or cause to be dedicated and conveyed, to the City at the time that the final plat for the Property, as approved by the City, is recorded, additional right of way for Jones-Butler Road which is described on Exhibit "B" attached hereto and made a part hereof, to the extent such land has not then previously been conveyed to the City; and b. Prior to the issuance of any certificates of occupancy for any structures located on the Property, Developer shall post or caused to be posted with the City the sum of $40,116.00 as a fiscal deposit in connection with the improvement of one-half (%) of DEVELOPMENT AGREEMENT -Page 1 C:\WINDOWS\TEMP\Devagr.wpd Jones-Butler Road adjacent to the Property. The City agrees to accept such deposit as payment in full for all fiscal requirements in connection with the construction ofJones-Butler Road along the frontage of the Property, and that the City shall not be entitled to levy any other assessment or charge of any nature whatsoever against the Property or the owner of the Property in connection with the construction ofJones-Butler Road. 2. GRADING ON ADJACENT PROPERTY. The City agrees that Developer shall be entitled, in connection with the development of the Property, to enter on to the land owned by the City which is described on Exhibit "C" attached hereto and made a part hereof for purposes of transition and drainage Swale and/or ditch grading, and shall be entitled to drain storm water from the Property into such drainage swale or ditch. 3. GOVERNING LAW. 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 court of competent jurisdiction in Brazos County, Texas. 4. BINDING EFFECT. It is understood and agreed that this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 5. ENTIRE AGREEMENT. It is understood that this Agreement contains the entire agreement between the parties and supersedes all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated unless in writing and agreed to by both parties. The parties agree that they have read the terms of this Agreement and familiarized themselves with the requirements hereunder and agree that they understand their rights and responsibilities hereunder. DEVELOPMENT AGREEMENT -Page 2 C:\WINDOWS\TEMP~Devagr.wpd 6. AUTHORITY. The City and Developer each state that they are each authorized to sign this Agreement. 7. TIME. Time is of the essence. Unless otherwise specified, all references to "days" shall mean and refer to calendar days. Business days shall exclude all Saturdays, Sundays and Texas legal banking holidays. In the event the date for performance of any obligation hereunder shall fall on a Saturday, Sunday or Texas legal banking holiday, then that obligation shall be performable the next following regular business day. 8. SEVERABILITY. If any of the terms and conditions hereof shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other of the terms and conditions hereof and the terms and conditions hereof shall thereafter be construed as if such invalid, illegal, or unenforceable terms and conditions had never been contained herein. 9. COUNTERPARTS. This agreement may be executed in any number of identical counterparts, and each counterpart hereof shall be deemed to be an original instrument, but all counterparts hereof taken together shall constitute but a single instrument. 10. PRESUMPTION CONCERNING INTERPRETATION. This Agreement shall not be construed more strictly against one party against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all of the parties to this Agreement have contributed substantially and materially to the preparation of this Agreement. 11. FURTHER ASSURANCES. In connection with this Agreement as well as all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as maybe DEVELOPMENT AGREEMENT -Page 3 C:\wuvnOWS\TEMP\Devag.wpd necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and conditions of this Agreement and all such transactions. 12. RECITALS. Any recitals in this Agreement are represented by parties hereto to be accurate, and constitute a part of the substantive agreement. 13. CONDITIONS TO DEVELOPER'S OBLIGATIONS. Notwithstanding any provision contained in this Agreement to the contrary, Developer's obligations under this Agreement shall be subject to, as a condition precedent, Developer (or its assignee) closing the acquisition of the Property. If Developer (or its assignee) does not close its acquisition of the Property, this Agreement shall terminate and Developer shall have no obligations or liabilities hereunder. If an assignee of Developer closes the acquisition of the Property, the purchaser of the Property shall be substituted for Developer hereunder and FF Realty LLC shall have no further obligations hereunder. Dated this the day of , 2000. By: CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation Mayor FF REALTY LLC, a Delaware limited liability company By: FF Properties, Inc., a Delaware corporation, Manager By: Glenn D. Jones, Vice President DEVELOPMENT AGREEMENT -Page 4 C:\WINDOWS\TEMP\Devagr.wpd THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of _ by ,MAYOR of the City of College Station, Rule Municipal Corporation, on behalf of said municipal corporation. My Commission Expires: THE STATE OF TEXAS § COUNTY OF TARRANT § 2000, Texas, a Texas Home Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2000, by GLENN D. JONES, VICE PRESIDENT of FF PROPERTIES, INC., a Delaware corporation, GENERAL PARTNER of FF REALTY LLC, a Delaware limited liability company, on behalf of said corporation and limited liability company. My Commission Expires: Notary Public, State of Texas DEVELOPMENT AGREEMENT -Page 5 C:\WINDOWS\TEMP\Devagr.wpd ~" `, T,HE, . WA1~,LA:C;E GR~U1P, 'INC.' ......__... .. _..... E N G I N E E R S A R C H I T E C T S P L A N N E R S January 18, 2000 S U R V E Y O R 5 WACO K I L L E E N City of College Station TEMPLE 1101 South Texas Avenue AUSTIN DALLAS College Station, Texas 77840 Attn: Natalie Ruiz -Assistant Development Coordinator _ Re: Fairfield Residential -Holleman Village Section II: Jones-Butler Road Dear Natalie: On behalf of Fairfield Residential, Inc., we hereby submit our Engineer's Opinion of Probable Cost for improvements to 6901inear feet of Jones-Butler Road along the northern property boundary of the above-referenced Project. The developer is dedicating lean Flaherty, R.PL.S. 45 feet of ri ht-of-wa alon this bounda necessa for the construction of the future g y g ry ry Kevin Hessel, R. P.L.S. George,ezek, ".'.^. roadway. Attached herewith is our cost estimate based upon a 39-foot street width (face- Mike Keahey, P.E., R. P.L.S. kes PE ,arse L of-curb to face-of--curb) comprised of 12 inches of flexible base and 2 inches of a , . y David Marek, PE. bituminous surface course. Our understanding is that the developer (Falrfield) will ve Thomas 1. MireurJc, R.PL.S. ~' x ~ SP a financial responsibility for 50% of the roadway improvements along this boundary Pavlas E. J: Jake . David B. Porter, PE. adjacent to Jones-Butler Road. Scott Posey, R.P.L.S. Lynn Simpson, R.P. L.S. Darrell Vickers, A.I.A. PE lk d' W ' l Please call me if you have any questions or concerns regarding t is matter. c, . a er, George E. le R.E.'Bob' Wallace, P.E., R.P. L. S. Otto E. Wiederhold, P.E. John F. Winkler, PE. Sincerely, i~~ George E. "Jed" Walker, Jr., P.E. The Wallace Group, Inc. GEW:nrn Attachment Fax and Mail - - cc: File -Project # 10994 Jeff Tondre, P.E. -City of College Station David Wright -Fairfield Residential, Inc. P.O.Box22007 Waco, Texas 76702 8225 Central Park Drive Sui[e 100 Waco, Texas 76712 (254)772-9272 (800)336-1683 Fax (254)776-2924 www.wal lace-gro up.com ...._ ,r' w FAIRFIELD RESIDENTIAL EDSEL-JONES-TRACT JONES-BUTLER ROAD ENGINEER°S OPINION OF PROBABLE COST October 20, 1999 Item Description Unit Quantity Unit Price Amount 1.01 Unclassified Street Excavation S.Y. 3,300 $ 4.00 $ 13,200.00 1.02 12" Flexible Base S.Y. 2,760 $ 8.10 $ 22,356.00 1.03 2" H.M.A.C. Pavement S.Y. 2,760 $ 4.10. $ 11,316.00 1.04 Concrete Curb and Gutter L.F. 1,380 $ 7.00 $ 9,660.00 1.05 Curb Inlets EA. 2 $ 2,000.00 $ 4,000.00 1.06 18" RCP L.F. 50 $ 35.00 $ 1,750.00 1.07 48" RCP L.F. 70 $ 85.00 $ 5,950.00 1.08 Reinforced Concrete Headwall EA. 2 $ 2,500.00 $ 5,000.00 1.09 Street Lights EA. 2 $ 3,500.00 $ 7,000.00 Tofal Construction Cost` $ 80,232.00 Falnreld's Pro-Rata Share (50%) $ 40,116.00 ' Assumes no lime stabilization of the subgrade is required. d'~-C~ or r`~t P .o.~e• ~-+' V ~~ •°' ''. q OS • s 0 r '~v * a~ * ; ~ 9 t. A ..a..~.,o.-.....a..._ GEG°GE E. ~"JA! KEh. !R .~ et~..e.m~...~&o9~,~soa~ .~o .~~ G v~ irk '.% ,o~~#~^ 6 60 ~, ~ <<~ a:ye, Qt .~ ~~ ;rt~ n ~`r~.~~.~ 1~ F<<-.