HomeMy WebLinkAboutMisc.October 18, 1999
Ms. Natalie Thomas Ruiz
Development Coordinator
City of College Station
P. O. Box 9960
1101 Texas Avenue
College Station, Texas 77842
~D ~4k P"_
Shelbv4#Estus
REALTY GROUP, INC.
RE: Proposed Eckerd at Texas Avenue & Southwest Parkway
Dear Natalie:
On October 6th, I sent you a letter requesting the withdrawal of our variance request. We
met with the Lube King property owner and, unfortunately, they are not interested in a
cross access on the existing driveway on Southwest Parkway (see attached). Please
accept this letter as our request to obtain a variance based on these facts. Please reinstate
the variance request we sent you on September 30, 1999.
Based on the City of College Station requirements, the driveway is required to be a
minimum of fifteen feet (15') off the northern property line because of your radius
requirement. We have moved the driveway an additional seven feet (7') to allow for
parking spaces along the northern property line. Consequently, the driveway will be
twenty-two (22') off the northern property line. The site plan sent to you with our
September 30, 1999, request (attached) is based on these facts.
Please let me know if you have any questions and the timetable for a response to this
request. We appreciate you help with this development.
Sincerely yours,
Bruce S. Shelby
Chief Executive Officer
Enclosure
cc: Phillip Rivers
Danny Hui
Dennis Eby
Bob Morris
\\Lynn\nancy_c\DATA\LETTERMnatalieruiz. hr.doc
ConsWity
Writes Emit Address:
bshe lby(cbshelbyestus. corn
1800 Bering, Suite 495 Houston, Texas 77057 (713) 974-1777 FAX (713) 975-2899
Exhibit "A"
METES AND BOUNDS DESCRIPTION
OF A
PORTION OF LOT 2, BLOCK 1
VACATING AND RESUBDIVISION PLAT
BRENTWOOD SECTION FOUR
VOLUME 459, PAGE 505
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A PORTION OF
SECTION BLOCK OUR, COLLEGE
VACATING AND RESUBDIVISION OF BRENTWOOD,
STATION, BRAZOS COUNTY, TEXAS, RECORDED IN VOLUME 459, PAGE 505 OF THE
DEED RECORDS OF BRAZOS COUNTY, TEXAS,
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A DRILL HOLE FOUND IN CONCRETE MARKING THE WA LINEEAST
CORNER OF SAID LOT 2 ON THE NORTHWEST
SOUTHWEST PARKWAY (80' R.O.W.);
THENCE: S 42° 00'50" W ALONG SAID RIGHT-OF-WAY LINE AND THE SOUTHEAST
LINE OF LOT 2, FOR A DISTANCE OF 154.43 FELT NO. ON THE PROPOSE
AVENUED NEW
RIGHT-OF-WAY LINE OF BUSINESS STATE HIGHWAY
THENCE: THROUGH SAID LOT 2 AND ALONG SAID PROPOSED RIGHT-OF-WAY, FOR
THE FOLLOWING CALLS:
S 73° 07'29" W FOR A DISTANCE OF 37.61 FEET TO A BRASS MONUMENT
FOUND;
N 49° 28' 56" W FOR A DISTANCE OF 305.76 FEET TO A POINT ON THE
NORTHWEST LINE OF SAID LOT 2;
THENCE: N 42° 05'30"E FOR A DISTANCE OFF 186.06 FEET TO
CORNER OF SAID ET 2ND FOUND
DRIVEN IN CONCRETE MARKING THE NORTH
ACRES O A DISTANCE OF LAND
THENCE: S 49° 29'43 " E ALONG THE NORTHEAST LINE OF LOTl FOR
324.95 FEET TO THE POINT SURVEIB'ED GlN_-NlNG CONTAINING ON THE GROUND JUNE, 1999. -
(60,166 SQUARE FEET) -
~ OF
'
99-1053 PAGE 1 '1~
i
Exhibit B
(Leal Description of Grantee's Parcel)
Lot 3R-1, Block 2, Brentwood Section Four an addition to the City of
College Station, Brazos County, Texas
10
STAFF REVIEW COMMENTS
No. 1
Project: ECKERD'S #99-430
1. These interior parking slots located between the south side of the building
and Southwest Parkway need to be 20'X 9'.
2. Need to indicate the direction(s) for vehicular travel.
3. Provide dimensions for the driveway throat length, width, and radius.
4. These areas should be dimensioned, and, indicate the direction of vehicular
travel.
5. The dumpster pad is a minimum of 12'X12'. Provide the information for the
fence screening around the dumpster. (height, material, etc.)
6. Provide adjacent and opposite street(s)/driveway(s) with dimensions in
reference to this property.
7. Provide existing and proposed ROW, driveways, sidewalks, utilities, and
meter locations on the drawings. (Show the existing ROW, curbing, and
driveways on Texas Avenue and Southwest Parkway.)
8. Provide a key map.
9. Need to incorporate all descriptions (proposed project, applicant,
architect/engineer, date, and total area) into the title block.
10. Use engineer scale only. (not architect)
11. Show adjacent property ownership and current zoning of the parcel(s).
12. Show setback lines on landscape plan.
13. Show 24' landscape reserve on Site plan.
14. Provide existing fire hydrant locations with dimensioning.
15. Show firelanes if required.
16. Provide a curb and pavement detail.
17. Provide a proposed grading plan.
18. Provide a drainage report. (one letter)
19. If increasing impervious cover, address the increased run-off.
20. Provide water demands.
21. Provide layout of existing parking and circulation aisles immediately adjacent
to the north and east sides of the site.
Staff Review Comments Page 1 of 2 06/22/99
22. Indicate the difference between the existing to remain and the proposed
parking areas.
23. Please use lines with dimension call outs.
24. Use a different line designation for curbing.
25. What are these? They may need to be screened.
26. Incorporate end island to help delineate loading area and screen with
vegetation from Texas Avenue.
Reviewed by: Scott Hester
Staff Review Comments
Page 2 of 2 06/22/99
Sent By: Shelby Estus Realty Group, In; 713 975 2899;
MWIZ~Z~
LOBE KING
11 I Southwest Parkway East
College Station, TX 77840
(409)696.6189 or (409)695-9894
Fax: (409)696-3027
October 15, 1994
RE: Release of Easement
To Whom h May Concern:
Williams Lube King will agree to relew
and Care Plus for the sum of $10,000.0
that we will incur. We will handle the rc
time Eckerd's begins their construction,
the dumpster.
Also, we do not wish to have s shared
Southwest Parkway. Our drive will be
Sincerely,
Lori Williams
Comptroller
1791
Oct-18-99 16:27; Page 314
all claims to the easement between our property
This amount will cover the relandscaping costs
landscaping ourselves and will; do so about the
his time frame includes changing the position of
between the two properties coming off
d with a curb for parking spaces.
Dr., Bryan, TX 77802
Cd WJSS :20 6661 ST 'iDO 2v90 ARt, 1: 'nw zwn►u I rt7%
Sknt By: Shelby Estus Realty Group, In;
713 975 2899; Oct-6-99 8:39; Page 212
SREALTY GROUP. INC.
October 6, 1999
Natalie Thomas Ruiz
Development Coordinator
City of College Station
P.O. Bok 9960
1101 Texas Avenue
College Station, Texas 77842
RE: Proposed Eckerd at Texas Avenue and Southwest Parkway
Dear Natalie:
We have redesigned our site layout to maintain the existing driveway off Southwest
Parkway. The new layout reduces our parking spaces by one (1) to a total of 60 spaces.
Please accept this letter as our withdraw] of our variance request dated September 30,
1999.
We will discuss a cross access for the 50' section of the drive with Lube King. We are
not sure we will be successful with our attempt to obtain a cross access agreement with
Lube King.. As you know there is not a legal cross access in. place. In the event we are
not successful obtaining a cross access with Lube King, we will have to relocate
approximately S' of the northern portion of the drive that is on the Lube King property to
the southern portion of the existing drive that is on our property. Please call me if you
have any questions.
Sincerely,
gwu'
Bruce S. Shelby
Chief Executive Officer
cc: Dennis Eby
Phil Rivers
Danny Hui
Bob Morris
1800 aierillg. Suile 495 21 HOUSIOT1. Texas 77057 a (713) 974-1777 FAX ('113) !475-2899
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Shelbv4.-Estus
REALTY GROUP, INC.
January 4, 2000
Ms. Natalie Thomas Ruiz
Development Coordinator
City of College Station
P. O. Box 9960
1101 Texas Avenue
College Station, Texas 77842
RE: Proposed Eckerd at Texas Avenue & Southwest Parkway
Dear Natalie:
Please find enclosed two sets of revised plans (C 1, C 1 A, C 1 B, C3 and L 1) as
per your comments of December 30, 1999. Also enclosed the redline set and
a $100 processing fee check.
Please note we will not use gas service. The building will be serviced by all
electric. My civil engineer, Dennis Eby, talked to Ed Hand about the
parking spaces and Jennifer Reeves about the electrical transformer. We
request the building permit be issued subject to the recording of the cross-
easement agreement we sent you previously.
We appreciate your help and look forward to hearing from you soon.
Sincerely yours,
Bruce S. Shelby
Chief Executive Officer
BSS/nrs
Enclosure
Writer's Email Address:
bshelbv(a)shelbyestus.corn
C. \DATA\LETTERS\natal ieruiz. Itr. doc
Constcay
1800 Bering, Suite 495 Houston, Texas 77057 (713) 974-1777. FAX (713) 975-2899
0
V,
STAFF REVIEW COMMENTS
No. 3
Eckerds
1. No comment. (Staff comment found to be OK)
2. Show the location of the proposed cross access easement on the site plan.
Note that building permits for the site will not be issued until the City receives
a copy of the executed agreement for the cross access.
4. Add a note on the site that the sign must be approved by separate permit.
Z4. Modify cross access driveway with a larger radius in order to allow for
smoother, less abrupt turn into the Eckerd site. See suggestion on site plan.
As designed the end island may pose problem with vehicles running over it.
Y 5. Modify the location of the fire lanes markings. See comments on site plan.
. Provide sewer loadings in gal/day and water demands in gal/min. Provide
L irrigation demand in order that meter can be sized. n
V7. Will site get gas service via the line under Texas Ave.? A/ 1. 4) o,j,,~~
LANDSCAPING COMMENTS
Please move the crepes along Southwest Parkway to within 3 feet of the
future property line in order that they will not have to be removed when the
City installs a right turn lane in this area.
vl~ Please show the locations of the existing trees along Southwest Parkway.
Existing trees within public right-of-way may not be removed. Staff strongly
encourages that other existing trees along SW Parkway, particularly the 22"
oak, also remain.
v,'f0. Show the symbol for liriope and show where it will be located on the site.
. For all of the canopy trees along SW Parkway and for two of them along
Texas Ave., staff suggests a canopy tree other than Live Oak be used due to
it close proximity to the roadway and the plans for widening of both of these
roadways. See comments on Landscape Plan. A red oak with its more
upright growth habit would be less likely to have future problems with
branching out into the street.
/11"2. Provide backflow prevention device for irrigation. This device must be
approved by the City's Building Department.
Reviewed by: Ed Hard & Scott Hester Date: 12/30/99
Staff Review Comments Page 1 of 1
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Shetby4,,,Estus
REALTY GROUP, INC.
September 30, 1999
Ms. Natalie Thomas Ruiz
Development Coordinator
City of College Station
P. O. Box 9960
1101 Texas Avenue
College Station, Texas 77842
e.A
U
i
RE: Proposed Eckerd at Texas Avenue & Southwest Parkway
Dear Natalie:
We received your site plan comments for our proposed Eckerd development.
Items 9 & 11 are a significant problem for our development. Please accept
this letter as our request for a variance to permit the relocation of the
driveway.
At our first meeting with you on April 20, 1999, we presented our site plan
that indicated the relocated driveway and elimination of the cross access.
We were informed at this meeting that the cross access was eliminated when
the property was replatted several years ago. It is important that we do not
have a shared drive because we want to maximize the parking on this site,
which requires parking spaces in the area of the cross access. Additionally,
we do not want the additional Lube King traffic using this drive and the
necessity of a dumpster truck entering the Eckerd property to service the
Lube King dumpster. As you know, Lube King has another drive on
Southwest Parkway for their egress and ingress. It is important for Eckerd
to have a dedicated drive for their use only, just as Lube King has a
dedicated drive for their use only. We do not want our customers to be in
conflict with cars entering or exiting the Lube King.
Please find enclosed an as-built survey of the existing improvements and a
site plan of an Eckerd development indicating the drive as requested. We
Writer's Email Address:
bshelby@shelbyestus.com
1800 Bering, Suite 495 Houston, Texas 77057 (713) 974-1777 FAX (713) 975-2899
believe the relocated drive solely for Eckerd will create less of a traffic
hazard than a combined drive approximately 20' further from the
intersection. Our proposed drive will be at least 130' from the intersection
after the right-of-way dedication to TXDOT. Please call me if you need
additional information.
Sincerely yours,
&,Ic~
Bruce S. Shelby
Chief Executive Officer
Enclosures
cc: Phillip Rivers
Danny Hui
Dennis Eby
Bob Morris
Writer's Email Address:
bshelby@shelbyestus.com
6-10-99
Please accept this application and fee for the proposed development of a new building at this site.
This is a preliminary site plan and We are looking for a preliminary approval only on the information
and location of items as shown.
If we are in the guide lines of your requirements we will correct the plans per your comments and proceed
to produce a full set of documents - civil and architectural - for your final review and hopefully approval.
Thank you for your time and efforts on our project
Sincerely
Phillip Rivers -
5. Irrigation plan will be reviewed at the time of Building Plan.
/6. Clarify site area. Is it 1.381 acres or 59,200 sq. ft.
,fl. What are these?
Transformers and utility connections will need to be screened.
Islands need to be a minimum of 180 sq. ft and the existing concrete in these
area will need to be removed.
Reviewed by: Ed Hard, Scott Hester & Jessica Jimmerson Date: 9/27/99
Staff Review Comments Page 3 of 3
CITY OF COLLEGE STATION
PLANNING DIVISION
POST OFFICE BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960
TELEPHONE: (409) 764-3570
December 31, 1999
Robert Scott
Center America Property Trust
3901 Bellaire Boulevard
Houston, TX 77025
Re: Rock Prairie Crossing Shopping Center at Rock Prairie Road & State Highway 6.
Dear Robert,
Attached are the approved site plans for the Rock Prairie Crossing Shopping Center. As
we discussed, I've highlighted a few areas that are still not approved. I also want to
reiterate that the City will not allow parking spaces within the private access easement
between the bank and your property. (For the exact location of the access easement, see
the approved final plat.
I understand that negotiations are on-going with First National Bank; however, at a
minimum, we will require that the access easement on your property remain. We
expect that the easement will continue to the common property line and will not
contain parking. (As a reminder, end islands will be required on either side of the drive
at the end of the parking rows.)
If you have any questions, please give me a call at (409) 764-3570.
Happy Y"" Year,
;"Thomas uiz
roment Coordinator
Attachment. Appzvved site plan (Z)
61~ r
Texas Department of Transportation
1300 N. TEXAS AVE. • BRYAN, TEXAS 77803-2760 . (409) 778-2165
February 14, 2000
Mr. Jeff Tondre, P.E.
Acting Assistant City Engineer
City of College Station
P.O. Box 9960
College Station, TX 77842
RE: Utility Permit for Eckerd Drug Store
BS 6-R (Texas Avenue) at Southwest Parkway
Lot 2, Block 1
Brentwood Section Four
Dear Mr. Tondre:
We are returning the attached permit and denying the placing of 15" RCP drainage pipe
within the BS6-R right-of-way. No connection to any TxDOT drainage facility within
TxDOT right-of-way will be allowed since an increased drainage is proposed.
If you have any questions concerning this matter, please call.
Sincerely,
Patrick T. Williams, P. E.
Area Engineer
RCG/bja
Attachments
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CITY OF COLLEGE STATION
PLANNING DIVISION
POST OFFICE BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960
TELEPHONE: (409) 764-3570
January 14, 2000
Bruce Shelby
Shelby-Estus, Inc.
Via Fax (713) 975-2899
a
Re: Building permit for Eckerd's Drug Store on Texas Avenue in College Station.
Dear Bruce,
Below is a punch list of items that need to be addressed prior to issuance of a Development
Permit and Building Permit for the above mentioned Eckerd's:
Development Permit: (Prior to issuance of a permit, the following items must be addressed.)
(1) Completed application of "Supplement Development Permit Information".
(2) Application fee of $100.
(3) Submit one copy of an Erosion control plan.
(4) Submit the Texas Department of Transportation (TxDOT) application and plans for the
proposed storm sewer connection in the Texas Avenue right-of-way. (The City will issue the
Development Permit and the Building Permit with the condition that no work be conducted
in the Texas Avenue right-of-way until TxDOT approves the permit. Any on-site storm
sewer that you install before TxDOT approval is at your own risk.)
Building Permit: (Prior to issuance of a permit, the following items must be addressed.)
(1) Submit the following plans to be stamped approved: One full set of construction documents
and Six sets of sheets C-1, C-1 b, C-2, C-3, C-4 and L-1 only.
(2) Water tap fee of $500 for the proposed 1" irrigation meter.
(3) Building permit fee of $2,460 based on the construction estimate of $900,000.
Certificate of Occupancy (Prior to issuance of a C. 0., the following item must be addressed.)
(1) Submit a filed copy of the "Easement Agreement for Access and Ingress and Egress"
between the subject property and the adjacent Lube King property.
If you have any questions or need additional information, please contact me at (409) 764-3570.
' Sinc el ,
tal e ` as Ruiz
Development Coordinator
cc: Case File #99-430
EASEMENT AGREEMENT
FOR
ACCESS AND INGRESS AND EGRESS
This Easement Agreement for Access, Ingress and Egress (this
day of
"Agreement") is made and entered into as of this - limited
by and between CStation SE, L.P, Texas I~r Ae ~;~,Gap~ ,
1999,
partnership, whose mailing address is 1800 Bering Drive, Suite 495, Partners Houston, Texas 77057 ("Grantor") and A & G Willies Southwest Parkway
Ltd,, a limited partnership whose mailing d1 be effective as of the
East, College Station, Texas 77840 ("Grantee") to
date Grantor is the owner of the property described in Exhibit "A" attached
hereto.
RECITALS
A. Grantor, as of the effective date of this Agreement, i inh College
in fee simple of that certain parcel of real pdescribed on Exhibit "A"
Station, Brazos County, Texas, more particularly
the "Grantor's Parcel") attached hereto and incorporated herein.
(
B. Grantee is the owner in fee simple of that certain parcel el o gibed
cular roperty located adjacent to Grantor's Parcel, as m he
partiand incorporated
p
in Exhibit "B" (the "Grantee's Parcel) attache
herein.
C. Grantor desires to grant and declare a non-exclusive ndsernent across
for vehicular and pedestrian access and ~ on Grantor's Pa cel, as more
the driveway area approximately 20
particularly shown hatched on Exhibit "C" attached hereto and incorporated
herein (the "Drive").
D. Grantee desires to grant and declare a non-exclusive leasement
for vehicular and pedestrian access and egress
over, Parcel, as more
the driveway area approximately 20
particularly shown hatched on Exhibit "C" attached hereto and incorporated
herein (the "Drive").
C o.\T.•\',klCKkiRP'•cstatVun cas Aix
E. Grantor and Grantee desire to grant and declare a non-
exclusive easement for vehicular and pedestrian access a d egress
wide,
upon, along, and across the shared driveway approximately 30'
labeled "Common Drive", as more particularly shown shached on
Exhibit "C" attached hereto and incorporated herein (the "Drive").
any present
F. Grantor and Grantee desire and intend that add all
other
and future owners, mortgagees, purchasers, tenants, occupants a
persons or parties acquiring an interest in the Grantor's Parcel and/or the
Grantee's Parcel, or any part or portion thereof, and their respective guests
and invitees (which parties are hereinafter, respectively, the "Grantor's
Parcel Benefited Parties" and the "Grantee's Parcel Benefited Parties") shall
subject t the rights,
enjoy the benefits of and shall hold their interest forth.
easements, provisions, and restrictions hereinafter set
NOW, THEREFORE, for and in consideration ofTenond t Dollarons
($10.00), the foregoing presents, the terms, covenants, and
ipt,
hereinafter set forth and other good and valuable consideration, the r ceand
sufficiency, and adequacy of which are hereby acknowledged,
and assigns, hereby
grantees,
Grantee for themselves and their successors,
declare as follows:
1. The above recitals are true, correct, and accurate and are ;
incorporated herein by reference.
7 Upon development of Grantor's Parcel for Grantee rd drug
store, Grantor hereby grants, releases, and conveys to and exclusive easement in perpetuity for vehicular and pedestrian for accuse and
egress to and from, over, along, upon, and across the Drive _
for the benefit and common use of the Grantee's Parcel andtethe d Grn tithe
Parcel Benefited Parties. The foregoing easement ran ees, and pon . t assigns
expressed condition that Grantor, itsdu n s Drive for vehicular and
reserve the non-exclusive right to use and enjoy he
pedestrian access and egress over, along, upon and across the Drive, but not
for parking purposes.
3. Grantor agrees that Grantor shall maintain and repair the Drive
on the Grantor's Parcel at its sole cost and expense.
2
4. Grantee hereby grants, releases, and conveys to Grantor a non-and exclusive easement in perpetuity for vehicular and pedestrian ccuss and
egress to and from, over, along, upon, and across the Drive f t
for the benefit and common use of the Grantor's Parcel and tea upon ranto is
Parcel Benefited Parties. The foregoing easement is gran
expressed condition that Grantee, its successors, grantees, and assigns
reserve the non-exclusive right to use and enjoy the Drive for vehicular nand ot
pedestrian access and egress over, along, upon and across sh but
for parking purposes.
Grantee agrees that Grantee shall maintain and repair the Drive
on the Grantee's Parcel at its sole cost and expense.
6. Grantor and Grantee shall each have the right t curb modify, cut
change or relocate the Drive provided (i) the access point
between the Grantee's Parcel and the Grantor's Parcel shall r remain
tad reloca
shown on Exhibit "C" hereto and (ii) the modified, changed
Benefited Parties and Grantee's Parcel
Drive shall provide Grantor's Parcel and Benefited Parties with direct, unimpeded vehicular and S pedestrian
t
access to the northern most driveway on GranparcelParcel
to s to
Texas Avenue.
Parkway and to the driveway on Grantor's
Notwithstanding the foregoing, Grantor and Grantee shall not have the right
to modify, change or relocate the Common Drive between theGrantor's ann
Grantee's Parcel as shown crosshatched on Exhibit C without
approval of all parties.
7. Mutual Indemnification: Grantor hereby agrees to indemnify,
defend, and hold harmless Grantee from and against an and all claims, fees,
liabilities, actions, causes of action, damages, losses, penalties,
levies, costs, expenses and fees, including, without limitation, reasonable
attorneys' fees and costs of court, relating in any way to any actions,
activities or omissions of Grantor and Grantors agent, employees,
and licenisees,
invitees
licensees, contractors, and tenants (including tenants
upon, about, or with respect to that portion of the easement on Grantee's
Parcel.
defend and hold harmless
Grantee hereby agrees to indemnify,
Grantor from and against any and all claims, liabilities, actions, causes of
3
action, damages, losses, penalties, fines, fees, levies, costs, expenses and
Gcosts of
fees, including, without limitation, reasonable attorneys' fees and
rantee
court, relating in any way to any actions, activities or omissions
licensees, contractors, and
and Grantee's agents, employees, invitees,
tenants (including tenants' invitees and licensees) upon, about, or with
respect to that portion of the easement on Grantors Parcel.
8. Grantor and Grantee agree that any maintenance oerrrepair
as
the Drive shall be performed at such ti n an 1 such li
interruption
expeditiously as possible, so as not to result any disruption or
in the normal and customary activity of the Grantee's Parcel Benefited
Parties and Grantor's Parcel Benefited Parties.
anfee
9. Grantor represents and warrants to Grantee that t holds
d
ry,
simple title to the Grantor's Parcel,
antlor has been duly authorized by all
performance of this Agreement by Ci
necessary corporate action, and that this Agreement constitutes valid and
binding obligations of Grantor and enforceable against Grantor.
10. The Drive and the rights herein granted, together with the
obligations herein imposed, are easements appurtenant
the benefit of, and are
the land. These easements and obligations inure
binding upon, the Grantor's Parcel Benefited Parties and the Grantee's
Parcel Benefits Parties, as the case may be.
11. Reference to the easements herein and othen rights of
obligations hereby created and imposed in any
evidence of obligation with respect to
conveyance, lease, mortgage, or other
the Grantor's Parcel and/or the Grantee's Parcel, or any par or portiond
thereof, shall be sufficient to grant such easement, and the rights
obligations thereunder, to the respective grantees, lessees, or to mortgagees
and to reserve to the grantor or lessor therein, their successors, a grantees,
easements .
assigns, all parties claiming by, th.oi 'under thern,
or he Grantee's Parcel,
appurtenant to the remainder to the Grantors as the case may be, the easements created by this instrument for the benefit
of any other owner, occupant, tenant, purchaser, mortgagee, or Parcel er
person acquiring any interest with respect to the Grantor's the
Grantee's Parcel, as the case may be, as fully and completely as such
easements and rights and obligations thereunder were recited fully and set
forth in their entirety in any such document.
12. This Agreement shall be interpreted and enforced Th in
Brazos County, Texas
accordance with the laws of College Station,
Agreement contains the entire Agreement of the parties under shall the
subject matter hereof. If any party hereto offect u teethe performance
required to seek legal recourse to enforce or e
hereof, the prevailing party shall be entitled Ito recover all costs ands
expenses incurred, including reasonablee attorneys fees. Any and all sent to the respective party at the
required or contemplated herein shall b
address above by postage prepaid certified mail, hand delivery, national
"overnight" courier service, or by facsimile followed by postage prepaid
certified mail.
13. As long as Eckerd Corporation, its successors and assigns,
("Eckerd") is a tenant on Grantor's Parcel, Grantee and Grantor agree as
follows:
a) that this Agreement shall not be amended, modified,
terminated, or rescinded in any fashion except by writing, in
recordable form, signed by Grantor, Grantee, and Ecker ,
b) that any notices given or to be made to Grantor index this
Agreement shall be copied to Ec bee• delivered tenant either inperson Parcel,
or by
and shall be in writing and shall
certified mail, return receipt requested to Eckerd Store #0382i2, Post
Office Box 4689, Clearwater, Florida 34618-4689, Attention: VP -
Real Estate. All rights available to Grantee under this Agreement
regarding provisions which require notice to Grantor and/or cure by
Grantor, shall not be effective until Eckerd receives actual notice and
has had a reasonable amount of time (not to exceed thirty (30) days)
in which to cure the default or respond to Grantee;
c) that Grantee will not directly or indirectly lease, rent, sell, or
sensGrantee's
otherwise permit (directly or indirectly) any portionof which the
Parcel to be used as a drug store or a business
dispenses prescription drugs, without the prior written permission of
Eckerd;
5
rent, d) that Grantor will not directly or indirectly lease the Gr ell, os
otherwise permit (directly or indirectly) any portion
whi'ch
Parcel to be used as an oil and lube center or a busi swithout
primarily sells or dispenses oil or oil and lubrication services,
prior written permission of Williams Lube King; and
e in the event of maintenance and repair of that portion jof`the
Drive labeled Common Drive (shown crosshatched o
attached hereto) between Grantor's and Grantee's lParcel fas shown
e n
Exhibit "C" attached hereto is tltantees or Grantor fail to properly
Grantee
Grantor, as provided herein, and
Grantor, Grantee or
maintain or repair such portion onotice hDrive,
all parties, perform such
Eckerd may after thirty (30) day
maintenance or repair obligations as are necessary and recovrantorer
cost of such repairs and maintenance from Grantee,
whichever the case may be.
14. Grantor and Grantee agree that provided o rant r or Grantee holder of any
has provided prior written notice of name r and G a dtorss Parcel in which a
mortgage placed on Grantees Parcel
ienholder (the "Lienholder") is-granted a lien on Grantee's Parcel or
1
Grantor's Parcel, then thereafter:
a) This Agreement shall not be amended, modified, terminated, or
rescinded in any fashion except by w iting, in recordable ' signed
by Grantor, Grantee and the Lienholders then holding a mortgage Grantee's Parcel or Grantor's Parcel; and
b Any notices given or to be made to Grantor or Grantee under
this Agreement shall be copied to then present Lienholder and shall
be in writing and shall be delivered either in person orl by available _
mail, return receipt requested, to the L elrregarding provisions
to Grantor or Grantee under this Agreement
which require notice to Grantee or Grantor, shall not be effective until
the then Lienholder shall have been given notice thereof.
6
IN WITNESS WHEREOF, the parties hereto' have
rs as caused
the date
Agreement to be executed by their duly authorized office
first above stated.
GRANTEE:
A & G Williams Family Partners,
Ltd., a Texas limited partnership
By: A & G Williams Enterprises,
LLC, a Texas limited partnership
its General Partner
me ! l.~- ID E. W~u.i►~-~S
GRANTOR:
College SE, L.P.,
partnership
By: Shelby/Estus
General Partner
a Texas limited
Realty Group, Its
By: i
Name: Bruce S. S lby
Title: CEO
7
STATE OF TEXAS }
COUNTY OF HARRIS }
This instrument was acknowledged b ore me this -.:51'7~ day as
o ,rx ,h o A 1999, by
of A & G Williams Enter ises, LLC, a Texas limited
partnership, as General Partner of A & G Williams Family Partners, a Texas
limited partnership.
My Commission Expires:
/v, LORI T. WILLIAMS* Z~0~
Notary Public, State of Texas /mS
My Commission Expires Name: /u°/ / w -
JUNE 16, 2001 Notary Public
STATE OF TEXAS }
COUNTY OF HARRIS }
This instrument was acknowledged before me this ~a- ( day
of E r►,tkse.~ 1999, by Bruce S. Shelby, as Chief Executive
Officer of Shelby/Estus Realty Group, Inc., as General Partn r of College
SE, L.P., a Texas limited partnership, on behalf of said partnership.
My Commission Expires:
NANCY R. STANLEY Name ~ a.nett
NOTARY PUBLIC
11JJ State d Texas Notary Public
tY~ rrun E 07-16-2001
8
Consent and Subordination of Lienholder:
The undersigned lienholder consents to the foregoing grant of semen and
itds
rights, and subordinates its lien to the rights and interests of the Grantee,
successors and assigns, such that a foreclosure of the lien shall not
extinguish said rights and interests.
LIENHOLDER FOR GRANTEE:
Compass Bank
By:
Steve Mobley
STATE OF TEXAS }
COUNTY OF HARRIS }
before me this ~7 r/ day of
This instrument was acknowledged P S Y P-
~u n K~ ✓r.~ by
0
My Commission Expires:
L. GEAR! EY
Mate of Texas
CL ;~mi ston Mxpiras
:PTE"i;=R 5, 2000
Name:
Notary Public
L'
9
Consent and Subordination of Lienholder:
The undersigned lienholder consents to the foregoing grant of easer Grantor, and
rights, and subordinates its lien to the rights and inttereft ~lof the
shall not
of
successors and assigns, such that a foreclosure
extinguish said rights and interests.
LIENI-IOLDER FOR GRANTOR:
Southwest Bank of Texas
By: A-;~
Marc Dunmire
STATE OF TEXAS }
}
COUNTY OF HARRIS
was acknowledged before me this "-4dav of
This instrument
1999, byre
c, - Z-00 1
My Commission Expires:
A2~ICGzt~~`v
_ , - gYANLEY
NANCY Name: a 5 a,n
NOTARY PUBLIC
stets of TeX" Notary Pu lic
Gomm EV 07-16-2001
10
COLLEGE STATION"'-4`1
P. O. Box 9960 • 1101 Texas Avenue College Station, TX 77842
Tel: 409 764 3500
MEMORANDUM
TO : Project Review Committee
FROM: Ed Hard, Transportation Planner
RE: Driveway Variance, Eckerd at Texas Avenue and Southwest Parkway
Date: November 4, 1999
This item is a request for variances to the City's Driveway Ordinance for a proposed
Eckerd site to be located on the northeast corner of Texas Avenue and Southwest
Parkway. The applicant is Bruce Shelby for Shelby-Estus Realty Group of Houston. His
letter of request is attached.
The proposed Eckerd site plan calls for the total redevelopment of the existing CarePlus
Clinic site. For many years, access to this 1.48 acre corner tract has been via a shared
driveway on Texas Avenue (with Commerce National) and a driveway on Southwest
Parkway which runs along the rear of the clinic building. A few years ago, the previous
owners of the clinic site allowed a cross access connection to the driveway on Southwest
Parkway as part of the development of the Lube King site to the east. This cross access
connection was made in the absence of a platted access easement.
The applicant is requesting a variance to the distance that the proposed driveway on
Southwest Parkway must be from Texas Avenue and a variance from the requirement that
cross access remain between the subject site and the Lube King site to the east. The
applicant desires to relocate the existing driveway on Southwest Parkway 28 feet closer
to Texas Avenue and to close off the cross access connection to the Lube King. A copy of
the site plan showing the existing driveway, the proposed new driveway, and the existing
cross access connection is also attached.
Ordinance Requirements. The existing driveway on Southwest Parkway to the CarePlus
site is located 205 feet from Texas Avenue. The new driveway on Southwest Parkway for
the proposed Eckerd site would be 177 feet from Texas Avenue. Under the driveway
ordinance, the minimum distance a driveway on Southwest Parkway should be from
Home of Texas A&M University
Eckerd Variance, Page 2
Texas Avenue is 230 feet. However, at intersection of major thoroughfares such as
Southwest Parkway and Texas Avenue, the city can use its discretionary authority under
the driveway ordinance to require that these driveways be located further away from the
intersection than the minimum distance. Over the years, the City has used this
discretionary authority and in many cases has required that driveways be located
anywhere from 300 to 500 feet away from a major intersection. This 300 to 500 feet
distance is what is typically needed in order to keep traffic from the driveway from
conflicting with the queue storage lanes for the traffic signal.
The driveway ordinance also calls for the proposed driveway to be located at least 125
feet away from the driveway to the Lacks shopping center on the opposite side of
Southwest Parkway. Neither the existing site, nor the proposed Eckerd site meet this
"opposite left" requirement. In this case, staff believes the distance between the sites
driveway on Southwest Parkway and Texas Avenue driveway is of greater concern.
In addition to the above spacing requirements, other provisions in the driveway ordinance
applicable to this case are listed below.
• In cases where the ordinance can not be met due to lack of frontage, the ordinance
says a driveway may be located such that the radius begins at the farthest property
line. For this site, the minimum requirement of 230 feet can not be met since the
property does not have enough frontage along Southwest Parkway.
• For developments that abut more than one public street, the ordinance says that access
to each abutting street may be allowed "if it is demonstrated that such access is
required to adequately serve driveway volumes and will not be detrimental or unsafe
to traffic operations on public streets
• The ordinance says that private cross access easements may be required between
adjacent lots fronting on arterial or collector streets in order to minimize the number
of access points and to facilitate access between and across individual lots. Over the
years, the City has allowed driveways that did not meet the spacing requirements if a
cross access to and between the adjacent sites was provided.
Recommendation. Staff recommends denial of the variance request to relocate the access
point to the subject parcel 28 feet closer to Texas Avenue considering the following
factors and concerns.
Eckerd Variance, Page 3
1. The existing driveway to the CarePlus facility does not meet minimum ordinance
requirements. Moving it closer to Texas Avenue would bring it further out of
compliance.
2. The proposed Eckerd site will generate more traffic than the existing CarePlus
facility.
3. The combination of a higher traffic generating use combined with moving the
driveway closer to Texas Avenue, will create more of a conflict between vehicles
attempting to turn left into the Eckerd site and vehicles queued on Southwest Parkway
waiting for the signal at Texas Avenue.
4. The widening of Texas Avenue in the next 4 to 7 years will decrease the distance
between the subject access point and Texas Avenue by about 15 feet.
Staff recommends denial of the variance appealing the requirement that cross access
remain between the subject site and the Lube King site to the east. Staff believes the cross
access should remain since it will afford some drivers the option of entering or exiting the
Eckerd site at a safer access point further removed from the congestion on Southwest
Parkway near the Texas Avenue intersection. It is staff's position that if cross access can
not be worked out between the two abutting properties, than a driveway should not be
allowed as part of the redevelopment of this site.
Attachments
STAFF REVIEW COMMENTS
No. 2
(First Complete Submittal)
Project: - Eckerds, 99-430
X Add legal description of property in title block area.
Add applicant's information in title block area
✓3. Provide ownership and zoning of adjacent properties.
p/4. Too much information is provided on this site plan. For clarity purposes, show
utility, topographic, and easement information on a separate sheet.
Show locations and dimensions of opposite and adjacent driveways on
Southwest Parkway. P,J lorkel- ~i trP,.~i
Show gross square footage of building
i
vfi. Show parking tabulations for number of parking spaces required by
/ ordinance. Also, indicate total number of parking spaces provided.
,/8. For area where handicap accessway goes through parking spaces, staff
suggests raised curbs or islands be used to delineate accessway. Staff also
suggests that at a minimum the handicap accessway should be 5 feet in
width. Note that these are suggestions only and not requirements.
9. Use existing driveway on Southwest Parkway. It can not be moved closer to
Texas Avenue as shown. The current curb cut does not meet the City's
driveway ordinance with respect to how close it is to Texas Ave. This
driveway will need to be as far away from Texas Ave. as possible in light of
the higher volumes with Eckerds and future right turn lane planned for this
area.
Also, provide cross access connection between subject site and the site
immediately to the east. This will require a dedicated cross access easement.
The easement can be dedicated by separate instrument, but the volume and
page number for this dedication must be shown on the site plan.
10. Show screening details for solid waste containers. Pads need to be a
minimum of 12'x12'.
X\11. Show location of cross access easement to be dedicated by separate
instrument.
"2. Only one free-standing sign will be permitted for this site. This sign must be
approved by separate permit.
13. Show building transformer locations and underground as well as above
ground service connections to building.
Staff Review Comments Page 1 of 3
v' 4. Label the existing right-of-way line and show the estimated future location of
this right-of-way line along Southwest Parkway.
--~(,15.A fire lane will be required on site. Show location(s) of fire lane through site.
Note that if concrete is used, the fire lane must be 6' reinforced concrete.)?, - t_-
,6. Label existing right-of-way line along Texas Avenue and also label proposed
new right-of-way line as shown on the Texas Department of Transportation's
most current plans for the widening of Texas Avenue
17. Show locations of any other utilities in the area along Texas Avenue.
A 8. Show the location of the future back of curb as shown on the Texas
Department of Transportation's most current plans for the widening of Texas
Avenue
b►~ .Address sight distance problem (large bushes) that will be created at the
intersection of the exit lanes with the east-west travel aisle.
Z20. Will the building be sprinklered? If so, show FDC's (Fire Department
Connections). 1 - , , ,1 1, i, , " , . ' < ; ~ .
2 . Will site's impervious cover increase? If no, provide "sealed" letter indicating
that it will not. If yes, show how increased run-off will be retained on-site.
22. Show Pavement Detail. See Section 9-2D of City's Zoning Ordinance. If
necessary, also show detail for reinforced concrete sections (ie. Fire Lanes)
3. Provide water and sanitary sewer legends. See requirements on check list
(#19).
Provide a letter regarding changes in drainage on site. Indicate what impacts
would be associated with increases in runoff if additional impervious cover is
proposed.
LANDSCAPE / STREETSCAPE COMMENTS
(Sheet L-1)
1. See Section 11 of Zoning Ordinance regarding Streetscape Requirements
along both Texas Avenue and Southwest Parkway. To determine the number
of trees: Lineal footage of Texas Avenue Frontage minus drive width divided
by 25 - equals number of trees required for Streetscape. Trees must be
within 50 feet of property line.
A2. Additional Landscaping points can be distributed over the site. Frontage
divided by 50 times 300 equals additional landscaping points required.
Live Oaks must be planted a minimum of 35 feet from each other.
4. Live Oaks must also be a minimum of 30 feet behind street curb.
Staff Review Comments Page 2 of 3
AGENDA ITEM COVER SHEET V'( a" ~JZ)5/
SUBMITTED BY: Jane Kee, Senior Planner
FOR COUNCIL MEETING OF: June 10 119,
DIRECTOR APPROVAL:
EXECUTIVE TEAM MEMBER APPROVAL:
ITEM: Discussion of a Master Development Plan of the Rock Prairie Estates and Edelweiss Estates
subdivisions located generally on the north and south sides of the future westward extension of Rock Prairie,
between Welsh and Wellborn. Applicant is Begonia Corporation.
ITEM SUMMARY: This property is proposed to be a residential subdivision with commercial, multi-family
and industrial land uses on the perimeter. There are 292 total acres allocated for: Commercial uses (49.2 acres),
Planned Industrial uses (8.3 acres), Multi-Family uses (15.6 acres) and Rights-of-Way and Single Family
Residential uses (218.9 acres). It will contain approximately 576 single family lots and approximately 312
multi-family units. The overall density will be approximately 3 dwelling units per acre with a projected
population of approximately 2,200 persons.
Land Uses:
The plan places commercial uses and planned industrial uses adjacent to single family residential uses but is
proposing landscape easements as a way to help buffer any negative impacts. It also proposes to place district
boundaries along back lot lines so that residential and commercial activities face away from each other as is
encouraged by the City's Development Policies.
A park site is located in the southern portion of the subdivision and it will buffer the R-1 areas from the
industrial uses along Graham Road. The R-5 locations will do the same. A proposed M-1 district is located
adjacent to R-1 and R-5 areas and P&Z expressed concern with this placement.
The proposed depths for the commercial districts along Wellborn and along the south side of Rock Prairie are
generally maintained at 400 feet. The depths of the proposed commercial districts along the north side of Rock
Prairie are generally 300 feet. The latter may not provide for adequate on-site circulation and do not meet
policy. P & Z expressed some concern over the quantity of commercial along Rock Prairie Road.
Roadways:
The proposed plan shows collectors providing adequate east-west and north-south movement. The westward
extension of Rock Prairie Road will separate Rock Prairie Estates from Edelweiss Estates. Oversize may be
requested on this if the developer puts in the street before the City does. As the Rock Prairie extension is part
of the final phases of this development, which may be several years away, pressure may be created for the City
to construct the extension due to the already heavy development in the area.
The plan also calls for the abandonment of Arnold Road. Staff will be working with the developer through a
development agreement that will come before Council concerning the details of this abandonment. Ideas
include using the roadway for pedestrian and bicycle traffic as it connects this development and the Junior
High.
There is a portion of Victoria that is presently unpaved and is not a part of this development. Victoria will
serve as the north-south collector reflected on the Thoroughfare Plan as the extension of Welsh. This unpaved
portion will cant' a considerable amount of traffic as these subdivisions build out.
FINANCIAL SUMMARY: Oversize participation may be requested on Rock Prairie Road if the developer
constructs it before the City does.
STAFF RECOMMENDATIONS: The plan complies with the City's Thoroughfare Plan and is generally
compatible with surrounding land uses and zoning districts. Staff recommends approval of the general plan
concept with concern regarding the lack of 400 feet of commercial depth on the north side of Rock Prairie, the
amount of commercial land use proposed along Rock Prairie and the adjacency of high intensity and low
intensity land uses in some locations. The City should encourage a developer/City partnership in getting the
unpaved portion of Victoria improved and in accomplishing pedestrian and bikeway improvements along the
abandoned portion of Arnold Road. If the City extends Rock Prairie it should do so and assess abutting
property owners. P&Z recommended approval expressing concern over the adjacency of the M-1 and R-1/R-5
acres.
COUNCIL ACTION DESIRED: Approve, deny or approve with conditions.
SUPPORTING MATERIALS:
1. Location Map
2. Staff Report
PREDEVELOPMENT MEETING
The purpose of a predevelopment meeting is to meet the City staff that will be involved with your
development and identify general issues that need further analysis. Along with the discussion o
these major issues, staff will talk about the development process, distribute necessary
information and discuss what permits will be required for your particular development. This
meeting is in no way acomplete review of your project. Staff will perform a formal thorough
review once the minimum requirements are submitted for your particular development.
General Information:
Date of Meeting: dl)6 / - l
applicant(s):
City Staff Present:
U
Proposal:
Development Issues
Land Use: ~
S
Zoning: (SnY
VV O
Special zoning distrixpr-v ormation -
-
Subdivision/Platting Issues:
wf.
T-Fare Plan/Street Issues:
1 C V
Dnveway Access.
co&~
n'e
Parkland/Greenways Dedication:
Parks Board Consideration
Drainage Issues:
W~(-4VtX C~ ( 'AS Q~
Utility Issues
Water Availability/Capacity:
ok(EE
Sanitary Sewer Availability/Capacity:
0 ~jr .
Impact Fees
Electrical ~
r
Miscellaneous: L -
ct) .
Landscapcng/Streetscape
UAJ~
c~-
Dumpster ocatcon w
Signs r
Scree 'ngBuffering / / 1~
Variance Requests
cx,
Permits req fired fort i- fi s developin _
Development Permit Q tiro (P-*-~~
V--` Building Permit
Conditional Use Permit
C i-,7~-TxDOT Driveway Percent for work in State ROW Q
TxDOT Utility Permit for work in State ROW
~,fppeciaeview required by:
Wolf Pen Creek Desi ew Board ( C
Northgate Re ' ' tion Committee
Parks ecreation Board n~-
P cng and Zoning Commission
City Council
Information Provided:
Zoning Ordinance
Subdivision Regulations
Specifications for Street Construction
Drainage Policy & Design Standards
I/ CS Building Regulations (Local Amendments to the Building Code)
Fire Department Construction & Development Guide
_/Driveway Access Location & Design Policy
Water & Sewer Specifications Manual
Northgate Design Guidelines
CS Business Center Covenants & Restrictions
Guide to Building & Development
Development Resource Guide
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ECKERDS`
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15% 3_----
:Natalie Ruiz - Fwd: Re: Eckerd pagi'D
From:
Edwin Hard
To:
Natalie Ruiz
Date:
Fri, May 7, 1999 2:32 PM
Subject:
Fwd: Re: Eckerd
Natalie,
FYI. See the correspondence re the right turn lane on SW Parkway.
Also, a Bill Rivers with Eckerds called me today about how much ROW the City will be looking to
acquire for the right turn lane. I told him 15 feet for the entire length of their frontage along SW Parkway.
He said that would be incorporating this into their site design.
Ed
CC: Jane Kee
SheLby4#Estus
REALTY GROUP, INC.
April 26, 1999
Ms. Natalie Thomas Ruiz
Development Coordinator
City of College Station
P. O. Box 9960
1101 Texas Avenue
College Station, Texas 77842
RE: Eckerd Drug Store
Dear Natalie:
We enjoyed meeting with you and your staff last week to discuss our Eckerd
development. Our development team will be as follows:
Civil Engineer - Dennis Eby
(713) 957-0788
Inspecting Architect - Phillip Rivers
(713) 520-0544
Our first step will be to layout the store on the property and attempt to meet
all your criteria. We will be contacting you soon to discuss our layout.
Sincerely yours,
&,t~
Bruce S. Shelby
Chief Executive Officer
Cc: Dennis Eby
Phillip Rivers
Writer's Email Address:
bshelby@shelbyestus.com
1800 Bering, Suite 495 4, Houston, Texas 77057 (713) 974-1777 FAX (713) 975-2899
Natalie Ruiz - Re: Eckerd Page.: I
From: Edwin Hard
To: City of College Station:bshelby@[shelbyestus.com]
Date: Thu, May 6, 1999 2:22 PM
Subject: Re: Eckerd
Bruce,
I got with our City Engineer today and we will be looking to acquire an additional 15 feet along SW
Parkway for the right turn lane.
Ed Hard
Bruce Shelby <bshelby@shelbyestus.com> 05/03/99 09:42AM
Thanks for the info - we need to know how much ROW you request asap so we
can layout our development.
Bruce Shelby
At 09:26 AM 4/30/99 -0500, you wrote:
>Bruce,
>The City is interested in acquiring the ROW necessary to construct a right
turn lane prior to redevelopment of that site. As I mentioned, this is one
of the "traffic management improvement" projects listed in our 1998 bond
program. Either I or someone else will get back with you next week with
more information about the timing.
>Ed Hard
Bruce Shelby <bshelbv@shelbvestus.com> 04/28/99 03:26PM
>Thanks for the update - we were talking to TXDOT and they have not done any
>studies that would indicate a need for a right turn off of Southwest .
>At 11:11 AM 4/28/99 -0500, you wrote:
>>Bruce,
>>I got your message and I haven't forgotten about you. I have discussed
>this with our departmental director and we still need check with some other
>City departments about this. I'll get back with you ASAP - as soon as
>know something.
>>Sorry for the delay
>>Ed Hard
Bruce Shelby <bshelbv .shelbvestus.com> 04/27/99 10:03AM
>>Edwin -
>>Please let me know the potential taking along SW Parkway that would affect
>>our Eckerd development. Please also let me know the timing.
>>Thanks, Bruce Shelby
She1bv,4#Estus
REALTY GROUP, INC.
December 22, 1999
VIA OVERNIGHT DELIVERY
Bridgette George
City of College Station
P. O. Box 9960
1101 Texas Avenue
College Station, Texas 77842
RE: Eckerd - College Station
Dear Bridgette: 0
Please find enclosed the easemei vith Lube
King. This agreement will be rec -ie if you
have any questions.
Sincerely yours,
Bruce S. Shelby
Chief Executive Officer
BSS/nrs
cc: Stephen Hollas
Donny Hui
Robert Moms
1800 Bering, Suite 495 Houston, Texas 77057 (713) 9744777 e• FAX (713) 975-2899
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believe the relocated drive solely for Eckerd will create less of a traffic
hazard than a combined drive approximately 20' further from the
intersection. Our proposed drive will be at least 130' from the intersection
after the right-of-way dedication to TXDOT. Please call me if you need
additional information.
Sincerely yours,
&XP--
Bruce S. Shelby
Chief Executive Officer
Enclosures
cc: Phillip Rivers
Danny Hui
Dennis Eby
Bob Morris
Writer's Email Address:
bshelby@shelbyestus.com
AGENDA
Project Review Committee
CITY OF COLLEGE STATION, TEXAS
City Hall Training Room
1101 Texas Avenue
Wednesday, November 10, 1999
9:00 A.M.
Bckerds 17ru sg tote: Discussion and consideration of a driveway variance for a
new store to be located at 2411 Texas Avenue S. at the corner of Southwest
Parkway and Texas Avenue S. (currently CarePlus Medical Center) (99-430).
This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign
interpretive services must be made 48 hours before the meeting. To make arrangements call 409-764-
3547 or UDD) 1-800-735-2989.
believe the relocated drive solely for Eckerd will create less of a traffic
hazard than a combined drive approximately 20' further from the
intersection. Our proposed drive will be at least 130' from the intersection
after the right-of-way dedication to TXDOT. Please call me if you need
additional information.
Sincerely yours,
&XO--
Bruce S. Shelby
Chief Executive Officer
Enclosures
cc: Phillip Rivers
Danny Hui
Dennis Eby
Bob Morris
Writer's Email Address:
bshelby@shelbyestus.com
Eckerd Variance, Page 2
Texas Avenue is 230 feet. However, at intersection of major thoroughfares such as
Southwest Parkway and Texas Avenue, the city can use its discretionary authority under
the driveway ordinance to require that these driveways be located further away from the
intersection than the minimum distance. Over the years, the City has used this
discretionary authority and in many cases has required that driveways be located
anywhere from 300 to 500 feet away from a major intersection. This 300 to 500 feet
distance is what is typically needed in order to keep traffic from the driveway from
conflicting with the queue storage lanes for the traffic signal.
The driveway ordinance also calls for the proposed driveway to be located at least 125
feet away from the driveway to the Lacks shopping center on the opposite side of
Southwest Parkway. Neither the existing site, nor the proposed Eckerd site meet this
"opposite left" requirement. In this case, staff believes the distance between the sites
driveway on Southwest Parkway and Texas Avenue driveway is of greater concern.
In addition to the above spacing requirements, other provisions in the driveway ordinance
applicable to this case are listed below.
• In cases where the ordinance can not be met due to lack of frontage, the ordinance
says a driveway may be located such that the radius begins at the farthest property
line. For this site, the minimum requirement of 230 feet can not be met since the
property does not have enough frontage along Southwest Parkway.
• For developments that abut more than one public street, the ordinance says that access
to each abutting street may be allowed "if it is demonstrated that such access is
required to adequately serve driveway volumes and will not be detrimental or unsafe
to traffic operations on public streets
• The ordinance says that private cross access easements may be required between
adjacent lots fronting on arterial or collector streets in order to minimize the number
of access points and to facilitate access between and across individual lots. Over the
years, the City has allowed driveways that did not meet the spacing requirements if a
cross access to and between the adjacent sites was provided.
Recommendation. Staff recommends denial of the variance request to relocate the access
point to the subject parcel 28 feet closer to Texas Avenue considering the following
factors and concerns.
Eckerd Variance, Page 3
1. The existing driveway to the CarePlus facility does not meet minimum ordinance
requirements. Moving it closer to Texas Avenue would bring it further out of
compliance.
2. The proposed Eckerd site will generate more traffic than the existing CarePlus
facility.
3. The combination of a higher traffic generating use combined with moving the
driveway closer to Texas Avenue, will create more of a conflict between vehicles
attempting to turn left into the Eckerd site and vehicles queued on Southwest Parkway
waiting for the signal at Texas Avenue.
4. The widening of Texas Avenue in the next 4 to 7 years will decrease the distance
between the subject access point and Texas Avenue by about 15 feet.
Staff recommends denial of the variance appealing the requirement that cross access
remain between the subject site and the Lube King site to the east. Staff believes the cross
access should remain since it will afford some drivers the option of entering or exiting the
Eckerd site at a safer access point further removed from the congestion on Southwest
Parkway near the Texas Avenue intersection. It is staff's position that if cross access can
not be worked out between the two abutting properties, than a driveway should not be
allowed as part of the redevelopment of this site.
Attachments
believe the relocated drive solely for Eckerd will create less of a traffic
hazard than a combined drive approximately 20' further from the
intersection. Our proposed drive will be at least 130' from the intersection
after the right-of-way dedication to TXDOT. Please call me if you need
additional information.
Sincerely yours,
&Xa-
Bruce S. Shelby
Chief Executive Officer
Enclosures
cc: Phillip Rivers
Danny Hui
Dennis Eby
Bob Morris
Writer's Email Address:
bshelby@shelbyestus.com
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