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Home My WebLink AboutLegal Documents (99-805)LAWRENCE J. (LARRY) HASKINS ATTORNEY AND COUNSELOR AT LAW 1700 KYLE SOUTH, SUITE 240 COLLEGE STATION, TEXAS 77840 BOARD CERTIFIED COMMERCIAL REAL ESTATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION December 7, 1999 Ms. Sabine McCully, Senior Planner City of College Station, Texas P.O. Box 9960 College Station, Texas 77842 TELEPHONE: (409) 696.1444 TELECOPIER: (409) 696.3651 Re: Proposed Zoning Ordinance Amendment (the "Proposed Amendment ") affecting the Northgate Zoning District (98 -812); considered and passed by the City of College Station Planning and Zoning Commission on November 4, 1999. Dear Ms. McCully: I have been retained by First American Bank SSB, Guaranty Federal Bank FSB and John C. (Jack) Culpepper III, collectively the owners of most of the real estate within the "NG -2 Commercial Northgate Sub - District ", to comment on the Proposed Amendment. As shown on the attached Exhibit "B ", the NG -2 Commercial Sub - District consists of land located northeast (called east) of Nagle Street and includes the undeveloped Ramparts Subdivision (Mudlot), University Square Shopping Center (formerly Albertson's), McDonald's, First American Bank and Guaranty Federal Savings. For the below stated reasons, my clients oppose the Proposed Amendment to the extent, but only to the extent, that the Proposed Amendment imposes special Northgate Design Guidelines, dictating architectural style, color and character, on development within the NG -2 Commercial Sub - District. Accordingly, my clients are requesting amendments to the Proposed Amendment prior to its enactment. Background Inspired by the January 1996 Northgate Redevelopment Plan prepared by Hellmuth, Obata & Kassabaum, Inc. (HOK), the College Station City Council adopted Ordinance No. 2183 rezoning the entire portion of the City bordered by Wellborn Road, University Drive, College Avenue and the City of Bryan, into a newly created Wk2,UftN3.b MCCUIIy 120299N,b Ms. Sabine McCully December 7, 1999 Page 2 NG- Northgate Zoning District. The newly created Northgate District was subdivided into three Sub - Districts: (1) NG -1 Historic Northgate, the area of the City commonly thought of and envisioned as "Northgate ", (2) NG -2 Commercial Northgate, the more recently developed and undeveloped areas located between Nagle Street and the intersection of College Avenue and University Drive, and (3) NG -3 Residential Northgate, the primarily residential use area located north of Historic Northgate and Commercial Northgate. My clients proposed adopted amendments to the 1996 Northgate Zoning Ordinance and enthusiastically supported its enactment as so amended. The 1996 Northgate Zoning Ordinance set up a scheme whereby site development or redevelopment, parking (including bicycle parking) , landscaping and dumpsters are subject to regulatory, review by a joint committee composed of: (1) a subcommittee of the Northgate Revitalization Board ( "NRB "), and (2) the Project Review Committee (a "subcommittee" of the Planning and Zoning Commission) . In addition, rehabilitation and facade work within NG -1 Historic Northgate was made subject to review by the Northgate Revitalization Board subcommittee based on criteria established for Historic Structures. Other than site development or redevelopment (site plan), parking (including bicycle parking), landscaping and dumpster review, the NG -2 Commercial Sub - District was not made subject to facade or architectural style or character control other than that generally applicable to all City development. The Proposed Amendment would make all construction within the greater Northgate District, including the NG -2 Commercial Sub - District, subject to committee review based on both "Northgate Design Guidelines" and the Northgate Revitalization (Redevelopment) Plan. My clients have no objection whatsoever to the NA29/1,ftWS.bi=M,C,11y1202"/be Ms. Sabine McCully December 7, 1999 Page 3 continuing site development and that would be imposed by the objections relate solely to architectural character "style District without "historic" or character. redevelopment planning and review Proposed Amendment. My clients' the imposition of subjective police" type criteria on a Sub - ny other established architectural Reasons not to impose architectural style and character guidelines on NG -2 Commercial Sub- District development Absent tangible municipal investment, municipal regulation targeted at a specific City area discourages rather than encourages development within the targeted area. During the Planning and Zoning Commission's consideration of the Proposed Amendment, a Commissioner pointed out the City's substantial investment in the character and nature of Northgate. However, to date, the City's tangible investment within the Northgate Zoning District has been confined to the NG -1 Historic Northgate Sub - District. The existing and specifically proposed parking lots, esplanades, park areas, and street and sidewalk treatments are all located or to be located in the heart of the NG- 1 Historic Northgate Sub - District. No such improvements are located within or proposed for the NG -2 Commercial Sub - District, or within blocks of the Commercial NG -2 Sub - District. The City should discern that simply placing another layer of regulatory requirements upon land does not encourage its development or redevelopment. Such special regulatory requirements are only appropriate and effective when coupled with special municipal resource investment. Passing an ordinance referring to not yet completed "Design Guidelines" chills potential development. Your October 28, 1999 Memorandum addressed to the Planning and Zoning Commission states, in part, "In the next few months, the NRB review subcommittee, in conjunction with the full NRB, will be revising and perhaps codifying Northgate Design Guidelines INA29 /LeucNti.Aie.McCUlly 120399rt Ms. Sabine McCully December 7, 1999 Page 4 to become more specific regarding architectural styles, color schemes, signage style and other elements ". Your November 22, 1999 letter addressed to me states, in part, "I anticipate a substantial change in the Northgate Design Guidelines in the next few months ... In other words, the reference in the draft ordinance to the Guidelines is to be a temporary measure to assure consistency with past decisions when the Guidelines were used ". Imposing ambiguous or incomplete regulations on development, especially as a temporary measure, has the effect of freezing all potential development plans prior to the finality and clarification of the regulations. No one dealing with a potential development or redevelopment project can effectively proceed during a period of ambiguity for reason that the cost and time associated with such development cannot then be ascertained. If a potential dormitory, hotel, or major retail tenant is interested in development within the NG -2 Commercial Sub - District, or if a present occupant has interest in remodeling, rehabilitation or renovation plans, such interest will be deferred, if not lost, during a period of regulatory ambiguity. Enacting an ordinance referring to not yet firmly established "Guidelines" (actually controls) would be putting the cart before the horse. Input from Commercial NG -2 Sub - District owners and merchants was not solicited or received during the promulgation of either the Proposed Amendment or the Northgate Design Guidelines. A review of the present membership of the Northgate Revitalization Board (roster attached to this letter as Exhibit "C") indicates seven members having specific residential, merchandising or real estate interests within the NG -1 Historic Northgate Subdistrict and /or the NG -3 Residential Northgate Subdistrict. The remaining four members represent location nonspecific vocational interests, such as architecture or TAMU affiliation. Not one member has specific merchandising or ownership interests in the NG -2 Commercial Sub - District. My clients do not believe the NRB membership reflects an intentional slight by either City Council or Staff. Rather, my clients D*29/Is S.bwMc Wlyl202"/b' Ms. Sabine McCully December 7, 1999 Page 5 suppose that when recruiting and appointing Northgate Revitalization Board members, such membership has been drawn from the area of the City commonly perceived of as being "Northgate ". My clients are not aware of any post 1996 City staff solicitation of input, from any merchant or property owner having specific interests within the NG -2 Commercial Sub - District, regarding zoning or development controls within the Northgate Zoning District. The Northgate Design Guidelines as presently written are inappropriate for the NG -2 Commercial Sub - District. The Northgate Design Guidelines repeatedly refer to the "historic" nature of Northgate. There are no buildings or other improvements within the NG -2 Commercial Sub - District that are more than fifty years old; there is no presently existing pre- Korean War development. The Northgate Design Guidelines seek to impose a circa 1940 -1950 architectural style and character on an area not substantially developed until after 1960. The Northgate Design Guidelines discourage buildings more than two stories in height, a goal not consistent with my clients' perception of City Planning goals for the NG -2 Commercial Sub - District. Applying the Northgate Design Guidelines to the NG -2 Commercial Sub - District would not preserve the existing character of the Sub - District, but would artificially impose a character on the Sub - District not consistent with its present character, reeking of "style police" connotation. REQUEST TO AMEND PROPOSED AMENDMENT My clients respectfully request that prior to adopting the Proposed Amendment, the Proposed Amendment be amended as indicated by the handwritten changes marked on Exhibit "A" attached to this letter. My client's proposed amendments to the Proposed Amendment will not affect site plan review of development proposals within the NG -2 Commercial Sub - District, but will have the effect of preventing architectural "style and character" regulation within the NG -2 Commercial Sub - District. U k39 /IsO.rvS.bi Mc IIy 1 2029 k Ms. Sabine McCully December 7, 1999 Page 6 If you or any City Council or Staff member have any questions regarding the comments or requests set forth in this letter, please do not hesitate to contact me. Thanking you for your time and consideration, I am Sincerely yours, Lawrence J. Haskins CC: The Honorable Lynn Mcllhaney, Mayor City of College Station P.O. Box 9960 College Station, Texas 77840 The Honorable James Massey, Council Member City of College Station P.O. Box 9960 College Station, Texas 77840 The Honorable Ron Silvia, Council Member City of College Station P.O. Box 9960 College Station, Texas 77840 The Honorable Winnie Garner, Council Member City of College Station P.O. Box 9960 College Station, Texas 77840 The Honorable Larry Mariott, Council Member City of College Station P.O. Box 9960 College Station, Texas 77840 WV9 1Is—Ubi,,Ma Wly 120299rb.b Ms. Sabine McCully December 7, 1999 Page 7 The Honorable Dennis Maloney, Council Member City of College Station P.O. Box 9960 College Station, Texas 77840 The Honorable Anne Hazen, Council Member City of College Station P.O. Box 9960 College Station, Texas 77840 Mr. Paul Darmitzel First American Bank Bryan, Texas via: telecopy to (409)776 -6288 Mr. Stephen L. Crawford Guaranty Federal Bank Houston, Texas via: telecopy to (713)973 -8628 Mr. John C. Culpepper III 1700 George Bush Drive East, Suite 240 College Station, Texas 77840 I TA29 L ftleS.Aine- -.11y120299,— LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY NOVEMBER 24, 1999 ONLY BILL TO: The City of College Station Development Services P.O. Box 9960 College Station, TX 77842 161198 :11136]�1113K[yMI FTAIVI►[0 The College Station City Council will hold a public hearing to consider an amendment to the College Station Zoning Ordinance, to change the regulations in the Northgate zoning district. The hearing will be held at the City Hall Council Room, 1101 Texas Avenue South at 7:00 p.m. on Thursday December 9, 1999 Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764 -3547 or (TDD) 1- 800 - 735 -2989. For additional information, please contact me at (409) 764 -3570. Sabine McCully Senior Planner 1 LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY OCTOBER 20, 1999 ONLY BILL TO: The City of College Station Development Services P.O. Box 9960 College Station, TX 77842 ------------------------------------------------------------ ------------------------------------------------------------ NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing to consider an amendment to the College Station Zoning Ordinance, to change the regulations in the Northgate zoning district. The hearing will be held at the City Hall Council Room, 1101 Texas Avenue South at 6:00 p.m. on Thursday, November 4, 1999. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764 -3547 or (TDD) 1- 800 - 735 -2989. For additional information, please contact me at (409) 764 -3570. Sabine McCully Senior Planner QX� LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY SEPTEMBER 29, 1999 ONLY BILL TO: The City of College Station Development Services P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: The College Station City Council will hold a public hearing to consider an amendment to the College Station Zoning Ordinance, to change the regulations in the Northgate zoning district. The hearing will be held at the City Hall Council Room, 1101 Texas Avenue South at 7:00 p.m. on Thursday October 14, 1999. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764 -3547 or (TDD) 1- 800 -735- 2989. For additional information, please contact me at (409) 764 -3570. Sabine McCully Senior Planner r AX Ej LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY SEPTEMBER 1, 1999 ONLY BILL TO: The City of College Station Development Services P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing to consider an amendment to the College Station Zoning Ordinance, to change the regulations in the Northgate zoning district. The hearing will be held at the City Hall Council Room, 1101 Texas Avenue South at 7:00 p.m. on Thursday September 16, 1999 Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764 -3547 or (TDD) 1- 800 -735- 2989. For additional information, please contact me at (409) 764 -3570. Sabine McCully Senior Planner � 1�' Dow n