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HomeMy WebLinkAbout15-13~ ... 11111,..,..,..,""---------~CrTY OF Cm.LEGE STATION~ __ _._..-.-~------•_.,,,ID'IJllllll""" Home of Texas A&M University• ar?"'?1fbi' a lWi!h - MEMORANDUM DATE: March 5, 2015 I TO: Veronica Morgan, Mitchell and Morgan, LLP, via; v@mitchellandmorgan.com FROM: Jason Schubert, AICP, Principal Planner SUBJECT: CAPSTONE DEVELOPMENT (REZ) Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed . Please address the comments and submit the following information for further staff review by Tuesday, March 10, 2015 at noon to remain scheduled for the March 19, 2015 Planning & Zoning Commission meeting: City of College Station Transmittal Letter; Memo providing written responses to all of staff's comments (identify the specific page that each comment was addressed on or the reason for not addressing the comment); One (1) 24"x36" copy of the revised Rezoning Map; Thirteen (13) 11 "x17 " copies of the revised Rezoning Map; One (1) 24"x36" copy of the revised Concept Plan; and Thirteen (13) 11 "x17" copies of the revised Concept Plan. Please note that this application will expire in 90 days from the date of this memo, if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all required items are not received , your project will not be scheduled on the P&Z agenda. Your project may be placed on a future agenda once all comments have been addressed and the appropriate re- advertising fees paid. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting: http://www.cstx.gov/pz If you have any questions or need additional information, please call me at 979.764.3570. Attachments: Staff Review Comments PC: Rob Howland, Capstone-CS , LLC, via; rhowland@capstonemail.com ~ Amanda Wallis, Capstone-CS, LLC, via ; awallis@capstonemail.com f P&DS Project No . 15-00900013 Planning e!:r Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE SD\TfON ·TEXAS · 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 cstx.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: CAPSTONE DEVELOPMENT (REZ) -(15-00900013) PLANNING 1. Revise the Rezoning Map to show the correct location of the city limit line on the figure and its vicinity map. For reference, the vicinity map shows the correct location along Holleman Drive South, Saddle Lane, and Quail Run. The city limit line then crosses North Dowling Road at Quail Run and runs to the west along the north side of North Dowling Road right-of- way across the face of this property (the opposite side of what is currently shown). 2. Revise the bike/hike trail on the Concept Plan. The hike/bike trail along the public road is to serve as bike facilities in lieu of bike lanes. The portion of the hike/bike trail along the existing North Dowling Road is an extension of the existing trail on the Cottages property and is a private amenity as continued from the previous POD. Revise the Concept Plan and notes to reflect that distinction. 3. Revise the zoning/modification letter to add back in the meritorious modification to allow single and two-unit buildings on an R-4 Multi-Family lot, as provided in the existing POD ordinance. 4. Please note that as modifications are requested to the parkland dedication requirements, the Parks & Recreation Advisory Board will need to provide a recommendation regarding the proposed modifications. Reviewed by: Jason Schubert Date: February 26, 2015 ENGINEERING COMMENTS NO. 2 1. Please revise Note #7 to also include references to Zone A Special Flood Hazard area on the property and NAI being required for any fill in the floodplain. Reviewed by: Erika Bridges Date: February 27, 2015 TRANSPORTATION 1. Based on the TIA memo, Brownstone should T into Market Street as proposed. Right-of- way will still be required for the future realignment and reconstruction of Market, when traffic warrants the Brownstone to be the through movement. With the preliminary plan, please provide an alignment for this future realignment to show how much right-of-way should be required and verify the current Brownstone realignment will be able to be realigned to Holleman in the future. Please verify that this realignment can happen without affecting the ponds near Holleman. Reviewed by: Danielle Singh, P.E., Transportation Planning Coord. Date: March 5, 2015 NOTE: Any changes made to the plans that have not been requested by the City of College Station must be explained in your next transmittal letter. 2 of 2 CnY OF Cm.LEGE STATION Home o/Texas A&M Univmity" FOR OFFICE USE ONLY CASE NO.: l 5 -l 3 DATE SUBMITTED: Dl \ I y / 15 TIME: Y.: QtQ STAFF: f\""J __,___,~------- PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. [g] New Project Submittal D D Incomplete Project Submittal -documents needed to complete an application. Case No.: Existing Project Submittal. Case No.: Project Name Capstone Development Contact Name Veronica Morgan Phone Number_9_7_9_-2_6-'-0---'-6--'-9-'-6-'-3 _______ _ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): D Comprehensive Plan Amendment D Non-Residential Architectural Standards [g] Rezoning Application D Irrigation Plan D Conditional Use Permit D Variance Request D Preliminary Plan D Development Permit D Final Plat D Development Exaction Appeal D Development Plat D FEMA CLOMA/CLOMR/LOMA/LOMR D Site Plan D Grading Plan D Special District Site Plan D Other -Please specify below D Special District Building I Sign D Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS All infrastructure documents must be submitted as a complete set. The following are included in the complete set: D Comprehensive Plan Amendment D Waterline Construction Documents D TxDOT Driveway Permit D Sewerline Construction Documents D TxDOT Utility Permit D Street Construction Documents D Drainage Letter or Report D Easement Application D Fire Flow Analysis D Other -Please specify Special Instructions: 10/10 Print Form MITCHELL MM MORGAN To: City of College Station We are sending you: D Drawings D Letter 3204 Earl Rudder Fwy S College Station, TX 77845 (979) 260-6963 Phone (979) 260-3564 Fax info@mitchellandmorgan.com www.mitchellandmorgan.com Letter Of Transmittal Date: 1/14/2015 Job: 1445 Attention: Planning & Development Re: Capstone Development [X] Attached D Under separate cover via _____ the following: D Plans D Order D Prints D D Samples D Specifications Item Date # of Copies Description 1 1/5/2015 1 Rezoning Application 2 1/14/2015 1 Fee Check for $315.00 3 12/11/2008 1 Proof of Authority 4 12/23/2014 1 Traffic Impact Analysis -(previously submitted to Danielle Singh from Matthew Best with HOR Engineering) 5 1/14/2015 1 Metes & Bounds Description 6 1/14/2015 1 8 1/2 x 11 -Copy of the Concept Plan 7 1/14/2015 6 24 x 36 -Copy of the Concept Plan 8 1/14/2015 1 24 x 36 -Copy of Rezoning Map 9 1/5/2015 1 Bulk Variance Letter Transmitted as checked below: D For approval D Approved as noted D Resubmit ___ copies for approval D For your use D Approved as submitted D Submit copies for distribution D As requested D Returned for corrections D Return corrected copies IXJ For review D Other ____________ _ Remarks: If you have any questions or comments, please contact us at 979-260-6963. Copy to: File Signed: ...;,_;;..:..._ ___________ ~ Kerry Pillow Jason Schubert, AICP City of College Station Planning and Development Services P.O. Box 9960 College Station, TX 77842 M ITCHELL M M MORGAN March 9, 2015 Re: CAPSTONE DEVELOPMENT AT HOLLEMAN DRIVE AND DOWLING ROAD (REZ-PDD) Dear Jason, As discussed we have modified our original bulk variance request and have itemized those in this letter. Listed below are the bulk variances that we are seeking for the Capstone development: Understanding that we must choose a base zoning district for the residential development upon which we base all variance requests, we have chosen R-4 -Multi-Family (similar to the original rezoning request) as our base district. Residential Area Bulk Variance Requests: 1. Allow for block length variances along North Dowling Drive. We have indicated a new roadway (Junction Boys Road) to break some of the block length along North Dowling Drive. 2. Allow for 20' curb radii at intersections to create a more pedestrian friendly environment. 3. Allow for cottages (single detached units) and duplexes to be constructed within the POD (R-4 based) category. 4. Unit Types: The product we are proposing has a mix of unit types and bedroom counts. It is a mix of building sizes and styles with a bedroom mix ranging from three to five bedroom units with an average of 4.31 bedrooms/unit. There will be several single detached units as well as duplexes and townhomes constructed within this POD (R-4 based) category. This product is one that is gaining popularity in many college towns. The increased bedroom count allows for a more affordable product for students. In this case, the increased density from these bedrooms is appropriate given the location is within biking distance from the University. The desire in the City of College Station Comprehensive Plan has always been to increase student housing densities closer to campus to help with traffic congestion in the City. This increased bedroom mix will encourage this. Understanding that some concern may stem from the five bedroom units, we do offer that the original rezoning request to POD contemplated 5 bedroom units and those indeed were 3204 EARL RUDDER FWY. S. • COLLEGE STATION, TX 77845 • T 979.260.6963 • F 979.260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS info@m1tchellandmorgan com • www m1tchellandmorgan com approved in the 1st phase of this overall phased development. We do understand that another recent rezoning request has perhaps set a precedent for how to handle this extra unit density. To that we offer the following: 1. Parkland-given that we would be allowed to have all four bedroom units we would be willing to pay the cost differential from the 4 bedroom/unit basis to our average 4.31 bedroom/unit basis or whatever is ultimately permitted on the site if it is less than the 4.31 bedrooms I unit. For instance: Parkland Dedication based upon 4 bedroom units 4 bedrooms * 186 units = 7 44 bedrooms 186 units * $731/unit = $135,966 parkland fees due Proposed Bedrooms Onsite = 801 801 bedrooms - 7 44 bedrooms for 186 units = extra 57 bedrooms Assume all 4 bedroom units 57 bedrooms I 4 bedrooms per unit = an extra 14.25 units to get same# of beds without 5 bed units 15 units * $731/unit = $10,965 extra parkland dedication fees 2. Occupancy Assurance -similar to the other rezoning case which had a condition placed on it we agree to a condition that each bedroom be limited to 1 occupant More than 4 Unrelated Because the requested product is for more than four bedrooms, it makes logical sense that there will be more than four unrelated people in the five bedroom units. Our request for more than four unrelated individuals in a unit is within a POD zoning category and this product is NOT located close to single family residential property. Although one might argue how many unrelated individuals is too many for a single dwelling unit, it is our opinion that five individuals, when each room is provided with a bathroom facility, is not too much for a shared living and kitchen space. The market which is demanding these higher bedroom count units will also demand that the shared areas be of sufficient size to accommodate the higher student population occupying the space. Really, the cap on the number of unrelated persons per unit in a multi-family development stemmed from a health and safety issue. Namely, could a one bedroom unit with one bathroom handle five people trying to cram into that living space? The type of products offered to student housing have changed over the years and now it is very unusual to have shared bathroom facilities in the multi-family housing developments. We usually find that each bedroom has its own bathroom included. r , Rationale for Request The rationale for the above requests is that we are dealing with an innovative design concept that does not "fit" with the current regulations. Students are showing that they desire living in a complex that is not a "cookie cutter" row after row of apartment buildings. This complex will have a mix of unit types, styles and sizes with centralized green spaces including the large green space shown as pond I common area. In addition, the student housing market is showing that students do not mind sharing a common living space with more students as long as they have their own private living area and bath. Increasing the bedroom density will allow for a more affordable product for the students. As stated in the UDO, the purpose of the Planned Development district is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. A POD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts. Finally, the PD District allows development to vary from certain development standards so long as there are community benefits which outweigh the requested modifications. We believe that this project offers a unique product and its community benefits certainly outweigh modifications being requested. These community benefits are as follows: 1. The detention will be provided in the irrigation pond area. This feature along Holleman Drive provides for a nice view corridor from the street. 2. There is a hike/bike trail along the internal public street that the public will be able to enjoy. 3. There is only 1 access driveway from the residential area as well as the 1 connection of Junction Boys Road to North Dowling Road. Keeping th is number to a minimum will help ease the North Dowling Road traffic concerns that may arise from the adjacent single family residential properties. Veronica J. . org Managing Partner Cc: File If you have any questions please do not hesitate to call. Amanda Wallis, Capstone Collegiate Communities Erik Lindholm, Dungan-Nequette METES AND BOUNDS DESCRIPTION OFA 24.523 ACRE TRACT CRAWFORD BURNETT LEAGUE, A-7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAJN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 120.76 ACRE TRACT AS DESCRIBED BY A DEED TO CAPSTONE-CS, LLC RECORDED IN VOLUME 8900, PAGE 148 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF NORTH DOWLING ROAD (VARIABLE WIDTH R.O.W.) MARKING A SOUTHERLY CORNER OF SAID REMAJNDER OF 120.76 ACRE TRACT AND THE SOUTHEAST CORNER OF LOT 2R, BLOCK 2, THE COTTAGES OF COLLEGE STATION, PHASE I, ACCORDINGTOTHEPLATRECORDEDINVOLUME 11391 ,PAGE 1290FTHEOFFICIALPUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: ALONG THE COMMON LINE OF SAID REMAJNDER OF 120. 76 ACRE TRACT AND SAID LOT 2R FOR THE FOLLOWING CALLS: N 00° 00' 09" W FOR A DISTANCE OF 1013 .66 FEET TO A 1/2 INCH IRON ROD FOUND; N 14° 59' 07'' E FOR A DISTANCE OF 235.42 FEET TO A 112 INCH IRON ROD FOUND; N 51° 30' 03" W FOR A DISTANCE OF 40.01 FEET TO THE PLATTED END OF JUNCTION BOYS ROAD (60' R.O.W.); THENCE: N38°29' 57" EACROSS THE END OF SAIDRIGHT-OF-WAYFORADISTANCE OF 60.00FEETTO THE EASTERLY LINE OF JUNCTION BOYS ROAD; THENCE: ALONG THE EASTERLY LINE OF JUNCTION BOYS ROAD, THE SOUTHEASTERLY LINE OF MARKET STREET (60' R.O.W.) AND THE SOUTHERLY LINE OF HOLLEMAN DRIVE (80' R.O.W.) FOR THE FOLLOWING CALLS: N 51° 30' 03" W FOR A DISTANCE OF 28.13 FEET TO AN "X" SET IN CONCRETE MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HA YING A RADIUS OF 252.00 FEET; ALONG SAID CUR VE THROUGH A CENTRAL ANGLE OF 20° 46' 40" FOR AN ARC DISTANCE OF 91.38 FEET (CHORD BEARS: N 13° 37' 58" E -90.89 FEET) TO AN "X" SET IN CONCRETE MARKING THE END OF SAID CUR VE; N 03° 14' 38" E FOR A DISTANCE OF 125.45 FEET TO AN "X" SET IN CONCRETE; N 29° 25' 58" E FOR A DISTANCE OF 31.20 FEET TO AN "X" SET IN CONCRETE ON THE SOUTHEAST LINE OF MARKET STREET MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HA YING A RADIUS OF 230.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 43' 09" FOR AN ARC DISTANCE OF 163.46 FEET (CHORD BEARS: N 53° 14' 09" E -160.04 FEET) TO AN "X" SET IN CONCRETE MARKING THE END OF SAID CURVE; N 32° S2' 3S" E FOR A DISTANCE OF 4S.90 FEET TO AN "X" SET IN CONCRETE; N 71° 08' S8" E FOR A DISTANCE OF 28.48 FEET TO AN "X" SET IN CONCRETE ON THE SOUTH LINE OF HOLLEMAN DRIVE MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING ARADillS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28° 32' S7" FOR AN ARC DISTANCE OF 418.SS FEET (CHORD BEARS: S 86° 39' SO" E -414.24 FEET) TO AN "X" SET IN CONCRETE MARKING THE END OF SAID CURVE; N 79° 03' 42" E FOR A DISTANCE OF 94.S3 FEET TO AN "X" SET IN CONCRETE; S SS0 S6' 18" E FOR A DISTANCE OF 3S.36 FEET; N 79° 03' 42" E FOR A DISTANCE OF 80.00 FEET TO THE WEST LINE OF THE REMAINDER OF A CALLED 10.7466ACRETRACT AS DESCRIBED BY ADEEDTOTHECITYOFCOLLEGESTATION RECORDED IN VOLUME 69SO, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 10° S6' 18" E ALONG THE COMMON LINE OF SAID REMAINDER OF 120. 76 ACRE TRACT AND SAID REMAINDER OF 10. 7466 ACRE TRACT FOR A DISTANCE OF 397. 92 FEET TO A S/8 INCH IRON ROD FOUNDONTHECOMMONLINEOF SAID REMAINDER OF 120.76ACRETRACT ANDTHEREMAINDEROF A CALLED S.000 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 8222, PAGE 226 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE BEGINNING OF A CLOCKWISE CURVE HA YING A RADillS OF S7S .00 FEET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 120.76 ACRE TRACT AND SAID REMAINDER OF S.000 ACRE TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32° 27' 42" FORAN ARC DISTANCE OF 32S.77 FEET (CHORD BEARS: S OS0 17' 33" W-321.43 FEET) TO AS/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF NORTH DOWLING ROAD MARKING THE SOUTH CORNER OF SAID REMAINDER OF S.000 ACRE TRACT; THENCE: ALONG THE NORTHWEST LINE OF NORTH DOWLING ROAD FOR THE FOLLOWING CALLS: S 43° 01' 08" W FOR A DISTANCE OF 94. lS FEET TO A S/8 INCH IRON ROD FOUND; S 43° 01' 39" WFORADISTANCE OF 1261.97 FEET TO A 1/2 INCH IRON ROD FOUND; S 62° 17' OS" WFORADISTANCE OF3.93 FEET TO THEPOINTOFBEGINNINGCONTAINING 24.S23 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND FEBRUARY 2014. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4S02 D:\work\14-086-3.mab OPERATING AGREEMENT OF CAPSTONE -CS, LLC THIS OPERATING AGREEMENT (this "Agreement') is mru:le'and entered into as of the 4th day of December, 2008, by and between. Capstone -CS, LLC, an Alabama limited liability eompany (the "Company''), and Capstone Development Corp., an Alabama corporation (such corporation being sometimes referred to as the ''Member''). Recitals: WHEREAS, the Member is the sole member of the Company, and WHEREAS, the Company and the Member desire to enter into this Agreement to regulate or establish the affairs of the Company, the conduct of its business, and the relations of the Member with respect thereto. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties hereto agree as follows: 1. Capital Contributions. The Member has made a capital contribution to the . Company in the amount of cash or the fair market value of property set forth in Exhibit "A" attached hereto and incorporated herein by reference. The Member shall not be required to make any additional capital contribution to the Company, except as the Member may determine otherwise. 2. Loans by Member. The Member may, but is not obligated to, loan to the Company from time to time such sums of money bearing such rates of interest and being repayable under such terms and conditions as the Member may determine to be appropriate for the conduct of the Company's business and affairs. · 3. Allocation of Profits and Losses. Any and all profits and losses of the Company ~hall be allocated to the Member without apportionment. 4. Current Distributions. Except as otherwise provided in Paragraph 11 hereof, distributions shall be made to the Member at such times and in such amowits as the Member may detennine. 5. Member Management. The Member has the exclusive power, right and ~uthority to _manage the Company's business and affairs, and to make all decisions with respect thereto; provided, further, that no other person shall have the power, right or authority to act for or on behalf Opaating Agreemait -Caps10nc -CS I.LC DOC of the Company, to do any act that would be binding on the Company, or to incur any expenditure on behalf of the Company, without the consent of the Member. 6. Action by Written Consent. Any action required or permitted to be taken by the Member may, but need not, be effected m the form of a signed writing evidencing the same. 7. Officers. The Member may appoint one or more individuals as officers of the . Company. Any officer appointed by the Member may be removed by the Member at any time with or without cause; provided, however, that such removal shall be without prejudice to the contract rights, if any, of the individual so removed. Each officer, if so appointed, shall have the authority and shall perf oIID the duties as may be specifically delegated to such officer by the Member, and otherwise shall have the authority and shall perform the duties set forth as follows: (a) (b) (c) (d) President The President shall be the chief administrative officer of the Company and ·shall have general and active management of such areas and divisions of the business and affairs of the Company as may be designated by the Member.· The President may sign (with the Secretary's attestation) on behalf of the Company, any deeds, mortgages, bonds, notes, contracts, leases or other instruments, except where required by law to be otherwise signed and executed, and except where the signing and execution thereof shall be expressly delegated by the Member to some other officer or agent of the Company. Vice-President. In the absence of the President or in the event of bis death or inability to act, the Vice-President (or in the e\rent there be more than one Vice- President, the Vice-Presidents in the order determined by the Member) shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. A Vice-President shall perform such other duties as from time to time may be assigned to him or her by the Member or the President. . Seeretarv. The Secretary shall attest the President's duly authorized signature to any deed, mortgage, bond, note, contract, lease or other instrument; shall have responsibility for preparing actions by written consent of the Member and keeping 1hose actions by written consent in one or more. books provided for that purpose; have ~nsibility for authenticating records of the Company; see that all notices are d1lly given in accordance with the terms and conditions of this Operating Agreement, the Alabama Limited Liability Company Act or as otherwise required by law; be custodian of the Company records; and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the President or the Member. If there is no Treasurer of the Company, the Secretary shall asswne the authority and duties of the Treasurer. Treasurer. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Company, receive and give receipts for moneys due and payable to the Company from any source whatsoever, and deposit all such moneys in 2 Opaating Agreement -C~ ·CS UC DOC the name of the Company in such banks, trust companies or other depositories as may be designated by the Member, and in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him or her by the President or the Member. If required by the Member, the Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety or sureties as the Member shall determine. (e) Assistant Secretaries and Assistant Treasurers. The Assistant Secretary, or if there shall be more than one, the Assistant Secretaries in the order determined by the .Member, shall, in the absence or disability of the Secretary, perform the duties and exercise the.powers of the Secretary. The Assistant Treasurer, or, if there shall be more than one, the Assistant Treasurers in the order determined by the Member, shall, in the absence or disability of the Treasurer, perform the duties and exercise the powers of the Treasurer. The Member may require any Assistant Treasurer to give a bond for the faithful discharge of his or her duties in such sums and with.such surety or sureties as the Member shall determine. The Assistant Secretaries and Assistant Treasurers shall all perfonn such other duties as shall be assigned to them by the Secretary and Treasurer, respectively, or by the President or the Member . . The compensation of the officers shall be fixed from time to time by the Member, and no officer shall be prevented from receiving such c.ompensation by reason of the fact that he or she is a shareholder, officer, director, employee, affiliate, or agent of the Member. 8. Indemnification. The Company sh311 indemnify its members, officers, employees and other agents and make advances for expenses to the maximwn extent permitted under Sections 10-12~1 et seq. Code of Alabama (1975) as set forth in this Paragraph 8, provided that such. indemnification in any given situation is appfQved by the Member. The Company shall indemnify its members, officers, employees and other agents for and hold them harmless from any liability, whether civil or criminal, and any loss, damage, or expense, including reasonable attorneys' fees, incurred in connection with the ordinary and proper conduct of the Company's business and the . ·preservation of its business and property, or by reason of the fact that such person was a member, officer, employee or other agent; provided the member, officer, employee and other agents to be .indemnified acted in good faith and in a manner such person acting believed to be cqnsistent with the provisions of this Agreement; and provided further that with respect to any criminal action or proceeding, the person acting to be indemnified had no reasonable cause to believe the conduct was .unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of no lo contendere or its equivalent shall riot ofitself create a preswnption that indemnification is not available hereunder. The obligation of the Company to indemnify any person hereunder shall be satisfied out of Company assets only, and if the assets of the Company are . insufficient to satisfy its obligation to indemnify, such person shall not be entitled to c.ontribution from the Member. 9. Cessation of Membenb.ip. The Member shall cease to be a member of the Company only upon the occurrence of one or more of the following events: 3 Operating Agxec:meiit -Capstooc -CS [LC IX>C (a) The Member notifies the Company that the Member ceases to be a member by vollliltary act; or (b) The Member ceases to be a member of the Company by assigning the Member's entire interest in the Company when any assignee of the interest becomes a member with respect to the assigned interest. 10. Dissolution. The Company shall be dissolved and its affairs shall be wound up only upon the occurrence of one or more of the following events: (a) The written consent of the Member to dissolve; (b) When there is no remaining member, unless the legal existence and business of the Company is continued and one or more new members are appointed by the holders of all of the financial rights in the Company within ninety (90) days after the cessation of membership of the last member, (c) When the Company is not the successor limited liability company in the merger or consolidation with one or more limited liability companies or other entities; or (d) The entry of a decree of judicial dissolution tmder the Alabama Limited Liability . Company Act. l 1. Liquidating Distributions. Upon the winding up of the Company, the assets of the Company shall be distribµted in the following order· of priority: (a) To creditors (including the Member as a creditor to the extent otherwise permitted by .law), in the order of priority as provided by law, except those liabilities to the member for interim distributions or on accotmt of capital contributions; and (b) To the Member without apportionment. 12. Choice of Law. This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the State of Alabama, without regard to any conflict-of-laws rules to ·the contrary. 13. Entire Aereement; Amendments. Th.is Agreement embodies the entire understanding of the parties with regard to the regulation and establishment of the affairs of the Company, the conduct of its business, and the relations of the Member with respect thereto, and may not be amended or modified except by a written instrument made, executed and delivered by all of the parties hereto. 14. Severabilitv. If any provision of this Agreement or the application thereof to a person or circmnstance shall be held by a court of competent jurisdiction to be invalid, illegal or 4 Opc:rating Agrr.emcnt : CapStDDc -CS UC DOC unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 15. Heirs, Successon and Assigns. Each and all of the covenants, terms, conditions, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 16. Headings. The headings in this Agreement are inserted for convenience ofreference only and are in no way .intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provisions hereof. 17. Promouns. All pronouns used in this Agreement shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the person or persons may require. 18. Terminology. Unless otherwise indicated, tenns used but not specifically defined in this Agreement shall have the meanings ascribed to such terms in the Alabama Limited Liability Company Act. IN WITNESS WHEREOF, the parties have executed this Operating Agreement effective as of the date first written above: · · COMPANY: CAPSTONE -CS, LLC By: CAPSTONE DEVELOPMENT CORP. Its Sole Member By. ~o~ Its Chief Operating Officer MEMBER: CAPSTONE DEVELOPMENT CORP. ·By:_~-"------=--"~~c+----- RobHowland Its Chief Operating Officer 5 Operating Agreement -Capstone -CS U..C DOC Name and Address of the Sole Member EXHIBIT "A" Capstone Development Corp. 431 Office Park Drive Birmingham, AL 35223 Operating Agreement -CapslOllc ·CS ILC DOC Capital Contribution $100.00 1bis instrument prepared by : Christopher M Gill, Esq. Hand Arendall, L.L.C. Post Office Box 123 Mobile, Alabama 36601 (251) 432-5511 ARTICLES OF ORGANIZATION OF CAPSTONE -CS, LLC TO THE HONORABLE JUDGE OF PRO BA TE OF JEFFERSON COUNTY, ALABAMA: I, the undersigned organizer, for the purposes of forming a limited liability company under the provisions of the Alabama Limited Liability Company Act, as amended, cmrently codified at § 10-12-1, et.~., Code of Alabama (1975), do hereby make these Articles of Organization. 845112_1 Section 1. Name. The name of the limited liability company (the "Company'') is: Capstone -CS, LLC Section 2. Purposes. The purposes for which the Company is formed are: (a) To carry on and transact any or all lawful business for which limited liability companies may be organized under the Act, as amended from time to time, and to have and exercise all powers necessary or convenient to effectuate the purpcses of the Company . (b) To acquire, by purchase, lease or otherwise, any real or personal property, and to invest, trade, rent out and deal in any real or personal property deemed beneficial to the Company, and to encumber or dispose of any real or personal property at any time owned or held by the Company. . (c) To acquire, by purchase, lease, manufacture, or otherwise, any personal property deemed necessary or useful in the equipping, furnishing, improvement, development, or management of any property, real or personal, at any time owned, held, or occupied by the Company, and to invest, trade, and deal in any personal property deemed beneficial to the Company, and to encumber or dispose of any real or personal property, tangible or intangible, at any time owned or held by the Company. ( d) To do any and all of the things herein set out and such other things as are incidental or conducive to the attainment of the objectives and purposes of the Company, to the same extent as natural persons might or could do and in any part of the world, as principal, factor, agent, contractor, or otherwise, either alone or in conjunction with any person, firm, association, partnership> corporation, association, limited liability company> cooperative or any other entity of any kind whatsoever, and to have and exercise any and all such powers to the full extent authorized or pennitted to a limited liability company under any laws that may now or hereafter be applicable or available to the Company. The foregoing subsections shall be construed, in the broadest sense, as purposes and powers of the Company in addition to those powers specifically conferred upon the Company by law, and it is hereby expressly provided that the foregoing specific enumeration of purposes and powers shall not be held to limit or restrict in any manner the powers of the Company otherwise granted by law. Nothing herein contained, however, shall be construed as authorizjng the Company to carry on the busin~ of banking or that of a trust company, or the business of insurance. Section 3. Name and Address of Organiur. The name and mailing address of the Organizer of the Company are as follows: Kelly T. Fox, Esq. 1200 Park Place Tower 2001 Parle Place North Birmingham, Alabama 3 5203 Section 4. Initial Registered Office and Agent The physical address of the initial registered office of the Company is as follows: 431 Office Park Drive Birmingham, Alabama 35223 Tue initial registered agent at such address shall be Lisa J. Johnson. Section 5. Name and Address of Initial Member. The name and mailing address of the initial member of the Company are as follows: 845112_1 Capstone Development Corp. 431 Office Parle Drive Birmingham, Alabama 35223 2 Section 6. Member Managed. The Company shall be managed by its members. Section 7. Additional Members. The members of the Company shall have the right to admit additional members in the manner provided in the Company's operating agreement, as amended from time to time. Section 8. Amendment. The Company reserves the right to amend, alter, change or repeal any provision contained in these Articles of Organintion in the manner now or hereafter provided by law, and all rights conferred upon members herein are granted subject to this reservation; provided, however, that no such amendment, alteration, change or repeal shall be effective unless conducted in the manner provided in the operating agreement, as amended from time to time. Section 9. Terminology. Whenever the context requires, words used in the singular shall be construed to mean or to include the plural and vice versa, and pronouns of any gender shall be deemed to include and to designate the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the lllldersigned organizer has executed these Articles of Organiz.ation on this the 11th day of December, 2008. 845112_! 3 KELLY TilRAsHER .FOX, Organizer 200812111M!1S32300 313 Bk: LR200812 Pg:28549 Jefferson Co4.slty,Alabaaa 12/11/2908 11 :34:49 lll'1 lNC Fe. -$51 .00 Tota ! of Fees and Taxes-$S 1 .00 LYNN Judges Alao L King & Sherri C Friday PROBATE JUDGE Cashier LYNN Customer Nu.e HAND ARENDALL LLC JUUGE O.F PROBATE 716 Richard Arrington Jr. Blvd. North Birmingba~ AL,35203 Recordings (105) 325-5411 Receipt for Services Batch # 248924 Date: 12/11/2008 Time: 11 :34:49AM .. Da1e ~No Docu•eat Type Tramadioa Type Deed COiis. Mortpge Co-.s. Pg./Amt unlf.2008 11:34:49AM 20081211001632300 INC Party l: CAPSTONE CS LLC INC Fee Total: CHECK 14354-0 251432-551 I LR200812 28549 0.00 Partyi: Corporation .$51 Payment Total: 0.00 Total: 3.00 51.00 51.00 51.00 51.00 51.00 ACTION BY WRITTEN CONSENT OF THE SOLE SHAREHOLDER AND DIRECTOR OF CAPSTONE DEVELOPMENT CORP. IN LIEU OF A SPECIAL MEETING Pursuant to§ 10-2B-8.21 and § 10-2B-7.04, Code of Alabama (1975), the undersigned, being the sole shareholder and sole member of the Board of Directors of Capstone Development Corp., an Alabama corporation (the "Corporation"), does hereby consent to and adopt the following preambles and resolutions by written consent in lieu of a special meeting: WHEREAS, the Corporation caused, on December 11, 2008, the formation of · Capstone -CS, LLC, an Alabama limited liability company (''College Station"), pursuant to Articles of Organization filed with the Jefferson County Probate Court, with the Corporation . designated as the sole member of College Station; WHEREAS, College Station was formed for the purpose of acquiring, owning· and developing the Property (as that term is defined in the hereinafter defined PW"Chase Agreement); · WHEREAS, the Corporation entered into that certain Contract of Sale dated as of March 1, 2007 with TLS Properties, Ltd .. ("Seller'')~ as amended by that certain (i) First Amendment to Contract of Sale dated January 30, 2008, (ii) Second Amendment to Contract of Sale dated April 30, ·2008, (iii) Third Amendment to Contract of Sale dated August 26, 2008, (iv) Fm.nth Amendment to Contract of Sale dated October 13, 2008 and (v) Fifth Amendment to Contract of Sale dated November 24, 2008 (collectively, the "Purchase Agreement''), whereby TLS . Properties, Ltd. agreed to sell the Property to the Corporation; WHEREAS, the sole director and shareholder of the Corporation finds it desirable and appropriate that the Corporation, in its capacity as the sole member of College Station, be authorized to cause College Station to .purchase and acquire the Property by assigning the Corporation's interest under the Purchase Agreement to COllege Station pmsuant to an assignment and assumption agreement (the "Assignment'~ and by causing College Station to perform all of the obligations of the "Purchaser" thereunder; WHEREAS, upon its acquisition of the Property, College Station intends to develop and construct a cottage project on the Property (the ''Project"); WHEREAS, in order to enable College Station to purchase and acquire the Property and begin construction and development of the Project, College Station has been negotiating with Seller for a loan in the amount of $6,379 ,000.00 (the "Loan"); and WHEREAS, the conswnmation of the aforementioned transactions is deemed to be in the best interests of the Cmporation and in the best interests of Coltege Station. NOW, THEREFORE, BE IT RESOLVED, that the sole shareholder and director of the Corporation hereby authorizes, approves and empowers Michael A. Mouron, its President, Resolution -Capstone· College Station Ex ecution Vasion 1 and Rob Howland, its Chief Operating Officer (either of which are an "Authorized Representative" and both of which are collectively the "Authorized Representatives"), acting together or alone, to take all such steps and perform all such acts that may be necessary or required to cause the Corporation to assign the Purchase Agreement to College Station and to cause College Station to purchase and acquire the Property, to consummate the Loan and to coJ?.struct and develop the Project; BE IT FURTHER RESOLVED, that the Authorized Representatives, acting together or alone,. are hereby authorized, directed and empowered, as duly authorized representatives of the Corporation, to execute and deliver the Assignment on behalf of the Corporation; BE D' FURI'HER RESOLVED, that the Authorized Representatives, acting together or ~one, are hereby authorized, directed and empowered, as duly authorized representatives of the Corporation in its capacity as the sole member of College Station and on behalf of College Station, to: (a) execute and deliver the Assignment and all other agreements, assignments, instnnnents or other document$ (collectively, the "Property Documents") that shall be required by the Purchase Agreement to cause College Station to purchase and acquire the Property; (b) execute and deliver all agreements, assignments, instruments, certificates or other documents that shall be required to consummate the Loan, including, without limitation, a vendor's lien deed, a promissory note, and a deed of trust, :security agreement and financing statement (collectively, the "Loan Documents"); ( c) negotiate with a lender for additional construction financing for the . Project, and to execute and deliver all ~greements, assignnients, instruments, certificates, or other documents that shall be required to consummate such additional construction financing, including, without limitation, a loan agreement, a promissory note, and a deed of trust, secwity agreement and assignment of rents . and leases (collectively, the "Construction Loan Documents"); ( d) execute and deliver all agreements, assignments, instruments, certificates or other documents that shall be required to construct and develop the Project (collectively, the "Project Documents") (the Property Documents, the Loan Documents, the Construction Loan Documents and the Project Documents are sometimes hereinafter collectively referred to as the "Transaction Documents"); (e) to amend, modify, alter, extend, renew, or otherwise change any of the provisions, terms, conditions, covenants or representations contained in the Property Documents, the Loan Docwnents, the Construction Loan Documents or the Project Docwneats; Resolution -Capstone -College Station 2 BE IT FURTHER RESOLVED, that the Transaction Documents may contain such provisions, terms, conditions, covenants, warranties ·and representations as the Authorized Representatives, or either of them, in their or his sole and absolute discretion, deem advisable, n~sary or expedient; BE IT FURTHER RESOLVED, that the undersigned hereby ratifies, approves and confinns any and all acts and things the Authorized Representatives, or either one of them, have done with regard to the foregoing matters in the past, including without limitation, the execution of the Purchase Agreement, or which the Authorized Representatives, or either one of them, may · do in the future relating to or arising from or in connection with the Assignment, the Transaction Docmnents or these resolutions, and such acts and things of the Authorized Representatives, or either one of them, shall at all times receive the full faith and credit by all persons without the necessity of inquiry by said persons; BE IT FURTHER RESOLVED, that the Authorized Representatives, or either one of . · them, in their or bis sole and absolute discretion, if they or he deems proper and appropriate, may abandon and terminate the foregoing transactions prior to the consummation thereof. IN WITNESS WHEREOF, the undersigned sole-shareholder and director of the Corporation has set his hand and seal to this instrument on this the 12th day of December, 2008, and by these presents, has directed the Secretary of the Corporation to place this instrument in the ~utes of the o~cial proceedings of the Corporation. SOLE SHAREHOLDER AND DIRECTOR: MICHAEL A. MOURON Reso Jurioo -Capstone -College Station 3 , ' \ , Li8a J. Johnson From: Sent: To: . Cc: Subject: A~hments: Ben and Lisa, Jennifer Roselius [JRoselius@handarendall.com] Wednesday, December 10, 2008 4:20 PM Ben W. Walker, IV; Lisa J. Johnson Chris Gill aoslng documents for College Station Assiglment and Assumption ~eement-Capstone-COiiege Station.DOC; Resolution -Capstone - College Station.DOC; image001.jpg Attached please find drafts of the Assignment and Assumption Agreement and resolutions authorizing the purchase of the College Station property. Please let me know if you have any comments to these documents; I'd like.to send to Bill Earle tomorrow for his sign off .. I have not heard back from Texas regarding Lisa's proposed names for the LLC, but the name "capstone -CS, LLC' appears to be available. If this works for you, I' II have the articles of organization for the LlC filed tomorrow morning. Thanks, Jennifer Jennifer Roselius Hand Arendall UC RSA TCM'ef' SUte30200 11 North Waa Street Mabie AL 36602 phone 251-694-6380 ~x 251-544-1691 . E-MAIL CONRDENTIAUTY NOTICE: Thl$ e!ectrooic maH message and any attachment is Intended only for the person or entity lo which it is addressed and may contain Worma1fon that Is privleged, codidenllal or otherwise Pf0'8<:llld from disclosure. If you ant nol 1he Intended recipient. you are hereby notified that dl$seminatloo. dlstrilution (electlonic or otherwise) or copyng d this e-maU or lhe information conlalned herein is s1ridly prohibiled. If you have received tis &-mal in ecror, please lmmedlately notify ttie.sender by replying to lhls message or 11Y caling (251) ~ lo arrange fol' lhe return of the electronic mall, altactwnents, or doc:U'nents. Thanlcyou. . ORDINANCE NO. 2015-3651 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE ST A TI ON, TEXAS, BY AMENDING THE PDD PLANNED DEVELOPMENT DISTRICT FOR THE PROPERTY BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS BEING A 24.523 ACRE TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 120.76 ACRE TRACT AS DESCRIBED BY A DEED TO CAPSTONE-CS, LLC RECORDED IN VOLUME 8900, PAGE 148 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, GEl\TERALL Y LOCATED SOUTH OF MARKET STREET BETWEEN HOLLEMAN DRIVE SOUTH AND NORTH DOWLING ROAD; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE ST A TION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", as described in Exhibit "B", and as shown graphically in Exhibit "C" and Exhibit "D", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 3 5 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 9th day of April, 2015 APPROVED: ATTEST: cb~ APPROVED: ~Jd£~ ty ttorney ORDINANCE NO. 2015-3651 Page 2 EXHIBIT A That Chapter 12, ''Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District to amend the Concept Plan layout and uses: MlrrtS ANU BOllNJ>S DUCRIPTION OFA lUU ACRE TRACT CRAWFORD BURNElT u;At;UE, A-7 COLU:GltST1'TION1 BRAZOSCOVNTV, Tl:XAS METP.S AND MUNDS DliSCRIPTION OF ALL UiAT CERTAIN TRACT Oil PARCEL OF LAND {,YlNG AND REING SITUATtm ft\ TifP. CRAWFORD BURNETI f.lif\("M!, ABSfAAC1" NO. 1, COUEOU STATION, DRAZ-OS COUti!TY, TEXAS. SAID TRACT BEING A PORTION OF 'l'HE IU!MAINDBlt OF A CAU.BO 110.76 ACIUi TRAC.'1' AS DESCRIBED DY A DEliD TO CAPSTONE.CS, :U..C llSOOJU>l!D 1N VOLU~m 8900, PAGE 148 OF nm Of1.1ClAL ~LlC RECORDS OF BRAZOS COUNTY' TBXAS, SAID TRAC'f DEJNO MORE PARTICUl.ARL Y .Dt!SCRIBIID DY ~ffiTBS AND BOUNDS AS FOLLOWS'. DEGINmNG AT A ltZ INCH IRON ROD POONDON TlfBNOR1HWBSTUNP.0FNOl\ntDOWUN<l ROAD (VAlUABLn wmm "R 0 W.} M/\RKJNG " SOWtERLY C<YRNU& OF SAU> JUlMAJN0£R OP tl0.76 ~ TRACT Am>THBSOUntHASTC<)ll ~Of'LO'f2R.,IU.OCK2.. llWC0TrAOI.?~ OF COUEGRSTA'I10 • PHASE t, ACCO'RDINO TO THE PLAT RHCORDIID JN VOLUME t 1391, PAOlH29-0FTI-lEOH51Cll\LPUBUC IU!COR.DS OF' BRAZOS COUNTY. Tl!XAS; 111£NCt: ALON0TH£COMMONLJN£0FSA!UIU!MA1NDER0Fl20.'16ACRETAACT'ANDSAIDLOT2R FOR nm FOLLOWING CALLS: N 00"00'-09" W FOR A OtSl'ANCF. OF lOlJ.61HBltrTOA ltz.lNCHfRONROI>FOtlND; N W S9' 01" £FOR A DISTANCE OF 235.42 FE.BT TO A 112 INCH moN ROD FOUND; N st• 30' 03" w YOR A DISTANCE OF 40,0) J:EJn'TO nm PLATTRDEND OF JUNCTION130YS' ROAD (60'R.0.W.). 1'RJtNCr.: N 38° 2'1 57' E ACROSS THE HNI> OF SAID IUGHT·OF·WA Y FOR. A D.IST ANCI! Of 60.00 FEhJ'lO 1111! BJ\STFJU. Y LINE 01' JUNCl'!ON BOYS ROAI>; TUl:NCt: ALONG THB BASTRru,y LINE OF ruNCTION:BOYS ROAD. nm SOvrHHASTHRL y LINH OF MARKETSTR.SGi(Wit.o.W.)ANt>nffiSOlmffiRt.YUNSOFHOt;LHM.ANDIU\IE(BC'lto.W,)fO~nm FOU..OWlNG CALLS: N 31.'JO' 03"W fOR A DlSTANCt!Or 28 13 FRBT1'0AN "X" Se'l'INCONCRBTEMAJU<lNG nil! BEGINNING OJI A COUNTERCLOCKWIS.ll C...'URVE HAVING AIWJJVS OF:tS2.00EEBI', ALONG SAID CURVETitP.OUGHA CilN'raAL ANOU3 OF :ZOO 46' 40" FOR AN AP.C, DIST AN(:B OF 91.3& t'llT (CHORD Rll.ARS: N n• 37' 58" l? • 9CUI~ PRE'JJ TO AN ·x· SBT lN CON'CIUlTE MARKING TIIEEND OF SAID CURVE; N 00" 14' 38' n FOR A DlST ANCB OF 125. 4H'EB1' TO AN •x• SBT IN CONCRB'I'B: N l9' 25' .sa" E POR A DJSTANCS OF 31.J.O F'BET TO AN "X" sar IN CONCJU.n'B ON 1lill SOUTHEAST UNii OF MARKET STIUmT MAJUONG THB BBGlNNING OF A COUITTBRCl.OCKWISE CURVE HA VlNO ARADIVS OF 230.00 FERT; AI.ONG SAlD CURVE Tiill.OUOJ!A CllNTAAL ANGLE 01' '10" 43'09" FOil AN ARC DtSTA'NCE OF 161.46 tEB1' (<:HOim BF-MS.NW 14' 09" E • t60.04 FEJ!T) TO AN 'X' SET TN CONCI\m MAii.KING THE END Of SAID CURVE; ORDINANCE NO. 2015-3651 N 32° 5Z' 35" E FOR A DrSTANCE OF 45.90 FEET TO AN "X" SET IN CONCRETE; N 71° 08' 58" E FOR A.DISTANCE OF 28.118 FEET TO AN "X" SET IN CONCRETE ON THE soum LINE OF HOLl .EMAN DIUVE MARKING THE BEOlNNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 840.00 FfmT; ALONG SAID CURVE nmoumJ A CENTRAL ANGLE OF 28° 32' 57' FOR AN ARC DISTANCE OF 418.55 FEET (CHORD BEARS: s 86° 39' 50" E. 414.24 FEET) TO AN ·x· sm-IN CONCRETE MARKING THE END OF SAlD CUR.VE; N 79" OJ' 42" E FOR A DISTANCE OF 94.53 FEET TO AN "X" SET IN CONCRETE; s ss· 56' 18" E FOR A DISTANCE OF 35.36 FEET; N 79" 03' 42" E }'OR A DISTANCE Of 80.00 FEET TO TilE WEST LINE OF TIIB REMAINDER. OF A CALLED 10.7466ACRETRACT AS DESCRIBED BY AOEEDTOTHECITYOFCOLtEGESTA110N RECORDED JN VOLUME 6950, PAOE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; TBI<":NCE: S 10° 56' l 8" E ALONG THE COMMONUNE OP SAID REMAINDER OP J 20.76 ACRE TRACT AND SAID REMAINDER OF 10. 7466 ACRE TRACT FOR A DISTANCE OF 397.92 FEET TO A 5/8 INCHIRONROD FOUND ON THE COMMON LINE OF SAID REMAINDER OF 120,76 ACRE TRACT AND THE REMAINDER OF A CALLED 5.000 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 8222, PAGE 226 OF nm OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE BE!GINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 575Jl0 EE.ET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 120. 76 ACRE TRACT AND SAID REMAlNDEROF5.000ACRETRACTANDALONGSAIDCURVETHROUGHACENTRALANGLEOF32°27' 42"FORAN ARC DISTANCE OF325.77EEET (CHORDB.ll.ARS: sos• 17'33"W-32J.43FEET)TOA5/8INCH IRON ROD FOUND ON THE NORTHWEST LINE OF NORTif DOWLING ROAD MARKING THE SOUTH CORNER OF SAID REMAINDER OF S.000 ACRE TRACT; THENCE: ALONG THE NORTHWEST LINE OF NORTH DOWLING ROAD FOR THE FOLWWINQ CALLS: S 43• 01' 08" W FOR A DISTANCE OF 94.15 FEET TO A 518 INCH IRON ROD FOUND; S 43° 01' 39' W FOR A DISTANCE OF 1261.97 FEET TO A Jf2 INCH IRON ROD FOUND; S 62° l 7' 05' W FOR A DISTANCE OF 3.93 FEET TO THE POINT OF BEGINNING CONT ATNJNG 24.523 ACRES OF LAND, MORE! OR LESS, AS SURVEYED ON TIJB GROUND FEBRUARY 2014. BEARING SYSTEM SHOWN HEREIN rs BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR RF.G!STI!RED PRO:l'f!SS!ONAL LAND SURVEYOR No. 4502 D:\work\14-086-3,mub Page 3 BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:\work\13-893 .mab General Requirements EXHIBITB The proposed multi-family is based on R-4 Multi-Family zoning district requirements which has a maximum density of20 units per acre. As shown on the Concept Plan, the multi-family areas are gated with main entry/exit boulevard driveways along the proposed public road and potential exit only driveways on Holleman Drive South and North Dowling Road. The maximum height of buildings will be limited to three stories and architecture elements that may be as tall as 70 feet. A multi-use path is proposed along the proposed public road through the tract and a private hike/bike trail continues along the portion of North Dowling Road to the west of the public road. As described on the Concept Plan, a 35-foot to 50-foot wide buffer area is required along the existing North Dowling Road that will consist of berms, landscaping, and a fence. The buffer will serve as a community benefit as multi-family developments are not required to buffer along rights-of-way and this will help transition the development to the existing single-family and rural area across and down North Dowling Road. Meritorious Modifications • Allow for block length and block perimeter variances along North Dowling Road. • Allow for 20-foot curb radii at intersections to create a more pedestrian friendly environment. • Allow for cottages (single detached units) and duplexes to be constructed within the PDD (R-4 based) category. • Allow five-bedroom units types to allow up to five unrelated individuals in a dwelling unit with each bedroom limited to one occupant. Community Benefits The following community benefits to offset the proposed meritorious modifications have also been identified by the applicant: • Stormwater detention will be provided in the irrigation pond area. This feature along Holleman Drive South provides for a nice view corridor from the street. • There is a hike/bike trail along the internal public street that the public will be able to enjoy. • There is only one access driveway from the residential area as well as the one connection of the public road to North Dowling Road. Keeping this number to a minimum will help ease the North Dowling Road traffic concerns that may arise from the adjacent single family residential properties. • Additional parkland dedication fees to pay the cost differential between having all four bedroom units and the additional bedrooms provided as a result of having five-bedroom units. The development currently anticipates an average of 4.31 bedrooms per unit. NOm, ...... ,,.·-··--------v~-~---- .... ;iq•ul ll'AIL v.u~ "-lfX """.} rr.t..'Sml~TOf""JSl..('.~A.'D'J<DS. '\: ~ 0 • ~ z :> z 0 m z 9 N 0 ,._. V\ I w 0\ V\ tr:l ~ ~ ~ ("') .. ("') 0 z ("') tr:l "'ci ~ "'ci t""4 > z Zonl"!I Oislr>Cb R-4 R P.inl R-e E Es-MH? RS Roslrlc!&d Subut!>an 0 GS Gei'-.sal Su!1uib:a SC R-18 Singl• famly Rwic!en".i.al GC D Ouptox Cl T Townhouse-BP DEVELOPMENT REVIEW Mul!i-Faml!ll BPI &ustnu.s P•rk 1ne:-u.i·tfial Hlgl>Oensly Mutl.Familt NAP Nai:uraf Ar.-• Protectm Manufacrured Ho.""' P..t C-3 Lig)it Comme1:c:iol Ol!lce M-1 Light lnd<atrlol Subu~n Ccmmt1«:lal M-2 HNllJI lncluo 1riel GenealC~I C·-U Cologe &net UniveG ily C"""""'Gl•~t-lal R&D Rosurd> and Oewfopment BushessP..-l F4.1UO Plann<id' Mix~ llse Or.teioiuMnl CAPSTONE DEVELOPMENT Case: 15-13 PPP PlonnodO....,topm11ntOiitrict WPC Wolf Pen Creel< Oet. Carridar NG -1 Cor• Nor1h- N$ -2 Tramttional Nori/Igel• NG -3 R .. idtontw Nortl>g.,., CN C....i<I« Ov«lay RPO Redevebpmenl 05trid KO Kr•ne-l: Top <M!rl~ REZONING 0 E5 z ~ () m z 9 tv 0 -Vo I VJ 0-. V'o - Jason Schubert City of College Station P.O. Box 9960 College Station, Texas 77842 MITCHELL MM MORGAN RE: Capstone Development (REZ) -REZONING Dear Jason, Attached please find the following: • City of College Station Transmittal Letter; • Memo providing written responses to all of staffs comments; • One (1) 24"x36" copy of the revised Rezoning Map; • Thirteen (13) 11"x17" copies of the revised Rezoning Map; • One (1) 24 'x36" copy of the revised Concept Plan; and • Thirteen (13) 11"xl7" copies of the revised Concept Plan. March 9, 2015 STAFF REVIEW COMMENTS NO. 2 Project: Capstone Development (REZ)-(15-00900013) PLANNING 1. Revise the Rezoning Map to show the correct location of the city limit line on the figure and its vicinity map. For reference, the vicinity map shows the correct location along Holleman Drive South, Saddle Lane, and Quail Run. The city limit line then crosses North Dowling Road at Quail Run and runs to the west along the north side of North Dowling Road right-of- way across the face of this property (the opposite side of what is currently shown). RESPONSE: The city limit line has been revised as requested. 2. Revise the bike/hike trail on the Concept Plan. The hike/bike trail along the public road is to serve as bike facilities in lieu of bike lanes. The portion of the hike/bike trail along the existing North Dowling Road is an extension of the existing trail on the Cottages property and is a private amenity as continued from the previous PDD. Revise the Concept Plan and notes to reflect that distinction. RESPONSE: The Concept Plan has been revised as requested. 1 3204 EARL RUDDER FWY. 5. • COLLEGE STATION, TX 77845 • T 979.260.6963 • F 979.260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS info@m1tchellandmorgan com • www m1tchellandmorgan com 3. Revise the zoning/modification letter to add back in the meritorious modification to allow single and two-unit buildings on an R-4 Multi-Family lot, as provided in the existing PDD ordinance. RESPONSE: Please see the attached revised letter. 4. Please note that as modifications are requested to the parkland dedication requirements, the Parks & Recreation Advisory Board will need to provide a recommendation regarding the proposed modifications. RESPONSE: Understood. We have a meeting with the Parks Board scheduled for Tuesday night, March 10, 2015. ENGINEERING COMMENTS NO. 2 1. Please revise Note #7 to also include references to Zone A Special Flood Hazard area on the property and NAI being required for any fill in the floodplain. RESPONSE: This note has been changed as requested. TRANSPORTATION 1. Based on the TIA memo, Brownstone should T into Market Street as proposed. Right-of- way will still be required for the future realignment and reconstruction of Market, when traffic warrants the Brownstone to be the through movement. With the preliminary plan, please provide an alignment for this future realignment to show how much right-of-way should be required and verify the current Brownstone realignment will be able to be realigned to Holleman in the future. Please verify that this realignment can happen without affecting the ponds near Holleman. RESPONSE: Please see the attached graphic which shows the future realignment and RO W's. If you have any questions or comments, please feel free to call our office at 979-260-6963. Sincerely, ~~ffe'z- Veronica J.B. Morgan, P.E., C.F.M. Managing Partner cc: File 2 Jason Schubert City of College Station P.O. Box 9960 College Station, Texas 77842 MITCHELL MM MORGAN RE: Capstone Development (REZ) -REZONING Dear Jason, Attached please find the following: • City of College Station Transmittal Letter; • One (1 ) 24 "x36" copy of the revised Rezoning Map; • One (1) 24 "x36" copy of the revised Concept Plan; • One (1) TIA Addendum ; and • Revised Bulk Variance Letter. STAFF REVIEW COMMENTS NO. 1 February 18, 2015 Project: Capstone Development (REZ) -(15-00900013) 1 . Revise the Rezoning Map to: a. Label the rights-of-way and widths for Quail Run and Junction Boys Road; Response: The width of Quail Run right-of-way and Junction Boys has been shown. b. Revise the labels of Dowling Road to be North Dowling Road and Holleman Drive to be Holleman Drive South; Response: These Labels have been changed as requested. c. Remove the lines for the future Market Street right-of-way on the north side of Holleman Drive South; and Response: These lines have been removed. d. Revise the location of the College Station City Limits line to cross North Dowling Road at the Quail Run right-of-way and run along the northern side of the North Dowling Road right-of-way. Response: The city limits line has been revised accordingly. 1 3204 EARL RUDDER FWY. S • COLLEGE STATION, TX 77845 • l 979.260.6963 • F 979.260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS ' SUBDIVISIONS info@m1tchellandmorgan com • www m1tchellandmorgan.com 2. Revise the Concept Plan to: a. Reflect only the area in and immediately surrounding the proposed rezoning; Response: We have revised this Concept Plan to reflect only the area in and immediately surrounding the proposed rezoning. b. Revise the notes to include only those applicable to the proposed rezoning area. This would mean to delete Notes 1, 5, 6, 8, & 9 and to revise Note 2; Response: These notes have been revised. c. Remove the label for Brownstone Drive as this may become realigned North Dowling Road . Also, revise how the street is depicted as it appears to be like a local street; Response: These changes have been made as requested. d. Remove the Bike!Trail crossing mid-block on Holleman Drive South . Response: This crossing has been removed from the graphic. e. Provide a note that the Bike/Hike Trail along Brownstone/realigned North Dowling Road will be public and constructed to public standard and the remaining will be a private amenity. Continue the multi-use path to the Market Street/Holleman Drive South intersection; and Response: See Note#S and legend which indicates this information. f. Provide a note that the Phase 1A lot will be replatted with the development of the project to provide the additional right-of-way for a potential realignment of North Dowling Road. Response: This note has been added. 3. Remove the bulk variance for parallel parking on Brownstone Drive. If this street is to become the realigned North Dowling Road, the Bicycle, Pedestrian , and Greenways Master Plan shows bike lanes. Allow this modification to occur with the platting and construction documents of the project. Please discuss as necessary. Response: The parallel parking variance request has been removed. 2 4. If 5 bedroom units are desired, revise the bulk variance/meritorious modification to allow up to 5 unrelated individual to reside in a 5 bedroom unit. This should also be accompanied by a limitation such as the project having an average of 4 bedrooms or less per unit and specified that the units are limited to 1 person per bedroom, as discussed with the City Council and conditioned with another, recent rezoning request. Response: This modification has been made. ENGINEERING COMMENTS NO. 1 1. The Concept Plan should designate the floodplain/detention area as open space/common area/floodplain/detention. A note should also be added indicating proposed use and maintenance of the area. Response: This label has been added and a note has been added discussing maintenance of this pond. 2. It is unclear whether the dashed line around the Phase 1 A area is supposed to be a lot line, phase line, or an unlabeled easement (since it is similar to easement lines shown nearby). A legend of line types may be helpful. Response: These lines have now been labeled as property lines. 3. FYI. .. Portions of the floodplain may be able to be filled, but we will need further drainage analysis and certification that it will not cause flooding to properties upstream/downstream. Provide a note on the Concept Plan to include these items as part of the rezoning, or we will have to recommend a conditional approval of the rezoning to have it added . Response: Understood. This note has been added to the Concept Plan as Note #6. TRANSPORTATION Rezoning Comments: 1. The driveways shown on the Concept Plan in the TIA differ from the driveways shown on the Concept Plan submitted with the rezoning. The location of the driveways on the POD Concept Plan, should be adjusted to what was submitted with the TIA. The driveway on North Dowling Road is on a portion outside the City limits, maintained by the County and would need to be approved and permitted through 3 them; I would recommend making it for emergency access only (with a knox box), if it is needed as a secondary access point. Response: The concept plan driveways now match the TIA exhibit. We understand that the driveways and street intersection on North Dowling will require County approval. 2. At the intersection of Dowling and Brownstone, is the ROW sufficient to curve what would become Old Dowling (east segment) into future, realigned Dowling (Brownstone)? Response: Yes, please refer to email correspondence between Veronica Morgan and Danielle Singh on February 9, 2015. TIA Comments: 3. The 1 % annual growth rate does not appear to be adequate based on the counts taken in April vs the counts taken in September. Response: Please refer to the attached TIA Addendum provided by HOR. 4. FYI-Based on TxDOT comments for the CRED project, an additional southbound lane on Holleman Drive, to keep a free right, will be required with that development. Response: Please refer to the attached TIA Addendum provided by HOR. 5. In the event that the CRED project is not developed prior to this development, please provide LOS information for Market Street and Holleman, without a signal or CRED traffic. Response: Please refer to the attached TIA Addendum provided by HOR. 6. Since Brownstone (or future Dowling) is a thoroughfare, there are concerns with Brownstone T-ing into Market and not extending to Holleman Drive as the through movement. Please provide an analysis showing the LOS at the intersection of Brownstone and Market assuming existing Dowling is closed and realigned . This will provide more information for us to evaluate this intersection. We will need to see a layout that the current alignment would still be able to connect to Holleman in the future. Response: Please refer to the attached TIA Addendum provided by HOR. The layout of the connection to Holleman will be provided with the Preliminary Plan. 4 TxDOT 1. Proposed roadway (Market Street Extension) does not meet the TxDOT Access Management Manual guidelines; there is not enough property frontage along FM- 2818 to support a safe full access point along any portion of the property frontage. Response: We understand that there is no ability for "full access" and that this roadway will be right-in I right-out only If you have any questions or comments , please feel free to call our office at 979-260- 6963. cc: File 5 ,. , - Jason Schubert, AICP City of College Station Planning and Development Services P.O. Box 9960 College Station, TX 77842 MITCHELL IVM MORGAN February 18, 2015 Re: CAPSTONE DEVELOPMENT AT HOLLEMAN DRIVE AND DOWLING ROAD (REZ-PDD) Dear Jason, As discussed we have modified our original bulk variance request and have itemized those in this letter. Listed below are the bulk variances that we are seeking for the Capstone development: Understanding that we must choose a base zoning district for the residential development upon which we base all variance requests, we have chosen R-4 -Multi-Family (similar to the original rezoning request) as our base district. Residential Area Bulk Variance Requests: 1. Allow for block length variances along North Dowling Drive. We have indicated a new roadway (Junction Boys Road) to break some of the block length along North Dowling Drive. 2. Allow for 20 ' curb radii at intersections to create a more pedestrian friendly environment. 3. Unit Types: The product we are proposing has a mix of unit types and bedroom counts. It is a mix of building sizes and styles with a bedroom mix ranging from three to five bedroom units with an average of 4.31 bedrooms/unit. There will be several single detached units as well as duplexes and townhomes constructed within this POD (R-4 based) category. This product is one that is gaining popularity in many college towns. The increased bedroom count allows for a more affordable product for students. In this case, the increased density from these bedrooms is appropriate given the location is within biking distance from the University. The desire in the City of College Station Comprehensive Plan has always been to increase student housing densities closer to campus to help with traffic congestion in the City. This increased bedroom mix will encourage this. Understanding that some concern may stem from the five bedroom units, we do offer that the original rezoning request to POD contemplated 5 bedroom units and those indeed were approved in the 1st phase of this overall phased development. We do understand that another recent rezoning request has perhaps set a precedent for how to handle this extra unit density. To that we offer the following: 3204 EARL RUDDER FWY. 5. • COLLEGE STATION, TX 77845 • T 979.260.6963 • F 979.260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS 1nfo@m1tchellandmorgan com • wwwm1tchellandmorgan com 1. Parkland-given that we would be allowed to have all four bedroom units we would be willing to pay the cost differential from the 4 bedroom/unit basis to our average 4.31 bedroom/unit basis or whatever is ultimately permitted on the site if it is less than the 4.31 bedrooms I unit. For instance: Parkland Dedication based upon 4 bedroom units 4 bedrooms * 186 units = 7 44 bedrooms 186 units* $731/unit = $135,966 parkland fees due Proposed Bedrooms Onsite = 801 801 bedrooms -744 bedrooms for 186 units= extra 57 bedrooms Assume all 4 bedroom units 57 bedrooms I 4 bedrooms per unit = an extra 14.25 units to get same # of beds without 5 bed units 15 units* $731/unit = $10,965 extra parkland dedication fees 2. Occupancy Assurance -similar to the other rezoning case which had a condition placed on it we agree to a condition that each bedroom be limited to 1 occupant More than 4 Unrelated Because the requested product is for more than four bedrooms, it makes logical sense that there will be more than four unrelated people in the five bedroom units. Our request for more than four unrelated individuals in a unit is within a PDD zoning category and this product is NOT located close to single family residential property. Although one might argue how many unrelated individuals is too many for a single dwelling unit, it is our opinion that five individuals, when each room is provided with a bathroom facility, is not too much for a shared living and kitchen space. The market which is demanding these higher bedroom count units will also demand that the shared areas be of sufficient size to accommodate the higher student population occupying the space. Really, the cap on the number of unrelated persons per unit in a multi-family development stemmed from a health and safety issue. Namely, could a one bedroom unit with one bathroom handle five people trying to cram into that living space? The type of products offered to student housing have changed over the years and now it is very unusual to have shared bathroom facilities in the multi-family housing developments. We usually find that each bedroom has its own bathroom included. Rationale for Request The rationale for the above requests is that we are dealing with an innovative design concept that does not "fit" with the current regulations. Students are showing that they desire living in a complex that is not a "cookie cutter" row after row of apartment buildings. This complex will have a mix of unit types, styles and sizes with centralized green spaces including the large green space shown as pond I common area. In addition, the student housing market is showing that students do not mind sharing a common living space with more students as long as they have their own private living area and bath. Increasing the bedroom density will allow for a more affordable product for the students. As stated in the UDO, the purpose of the Planned Development district is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. A POD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts. Finally, the PD District allows development to vary from certain development standards so long as there are community benefits which outweigh the requested modifications. We believe that this project offers a unique product and its community benefits certainly outweigh modifications being requested. These community benefits are as follows: 1. The detention will be provided in the irrigation pond area. This feature along Holleman Drive provides for a nice view corridor from the street. 2. There is a hike/bike trail along internal public street that the public will be able to enjoy. 3. There is only 1 access driveway from the residential area as well as the 1 connection of Junction Boys Road to North Dowling Road . Keeping this number to a minimum will help ease the North Dowling Road traffic concerns that may arise from the adjacent single family residential properties. Thank you very much. If you have any questions please do not hesitate to call. Veronica J.B or , PE, CFM Managing Partner Cc: File Amanda Wallis, Capstone Collegiate Communities Erik Lindholm, Dungan-Nequette CITY OF COLLEGE STATIOl!\N~--------------· ... -~::;::...---------·~Home of Texas A&M University" - MEMORANDUM DATE: February 2, 2015 TO: Veronica Morgan, Mitchell and Morgan, LLP , via; v@mitchellandmorgan.com FROM: Jason Schubert, AICP, Principal Planner SUBJECT: CAPSTONE DEVELOPMENT (REZ) Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting: City of College Station Transmittal Letter; Memo providing written responses to all of staff's comments (identify the specific page that each comment was addressed on or the reason for not addressing the comment); One (1) 24"x36" copy of the revised Rezoning Map; One (1) 24"x36" copy of the revised Concept Plan ; and One (1) revised Traffic Impact Analysis (TIA). Please note that this application will expire in 90 days from the date of this memo, if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all required items are not received, your project will not be scheduled on the P&Z agenda. Your project may be placed on a future agenda once all comments have been addressed and the appropriate re- advertising fees paid . Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting: http://www.cstx.gov/pz If you have any questions or need additional information, please call me at 979.764.3570. Attachments: Staff Review Comments PC: Rob Howland, Capstone-CS, LLC, via; rhowland@capstonemail.com Amanda Wallis, Capstone-CS, LLC, via; awallis@capstonemail.com P&DS Project No. 15-00900013 Pla11ni11g & .Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE· COLLEGE SBTION ·TEXAS · 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 cstK.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: CAPSTONE DEVELOPMENT (REZ) -(15-00900013) PLANNING 1. Revise the Rezoning Map to: a. Label the rights-of-way and widths for Quail Run and Junction Boys Road; b. Revise the labels of Dowling Road to be North Dowling Road and Holleman Drive to be Holleman Drive South; c. Remove the lines for the future Market Street right-of-way on the north side of Holleman Drive South; and d. Revise the location of the College Station City Limits line to cross North Dowling Road at the Quail Run right-of-way and run along the northern side of the North Dowling Road right-of-way. 2. Revise the Concept Plan to: a. Reflect only the area in and immediately surrounding the proposed rezoning; b. Revise the notes to include only those applicable to the proposed rezoning area. This would mean to delete Notes 1, 5, 6, 8, & 9 and to revise Note 2; c. Remove the label for Brownstone Drive as this may become realigned North Dowling Road. Also, revise how the street is depicted as it appears to be like a local street; d. Remove the Bike!Trail crossing mid-block on Holleman Drive South. e. Provide a note that the Bike/Hike Trail along Brownstone/realigned North Dowling Road will be public and constructed to public standard and the remaining will be a private amenity. Continue the multi-use path to the Market Street/Holleman Drive South intersection; and f. Provide a note that the Phase 1A lot will be replatted with the development of the project to provide the additional right-of-way for a potential realignment of North Dowling Road. 3. Remove the bulk variance for parallel parking on Brownstone Drive. If this street is to become the realigned North Dowling Road, the Bicycle, Pedestrian, and Greenways Master Plan shows bike lanes. Allow this modification to occur with the platting and construction documents of the project. Please discuss as necessary. 4. If 5 bedroom units are desired, revise the bulk variance/meritorious modification to allow up to 5 unrelated individual to reside in a 5 bedroom unit. This should also be accompanied by a limitation such as the project having an average of 4 bedrooms or less per unit and specified that the units are limited to 1 person per bedroom, as discussed with the City Council and conditioned with another, recent rezoning request. Reviewed by: Jason Schubert Date: February 2, 2015 ENGINEERING COMMENTS NO. 1 1. The Concept Plan should designate the floodplain/detention area as open space/common area/floodplain/detention. A note should also be added indicating proposed use and maintenance of the area. 2. It is unclear whether the dashed line around the Phase 1 A area is supposed to be a lot line, phase line, or an unlabeled easement (since it is similar to easement lines shown nearby). A legend of line types may be helpful. 3. FYI ... Portions of the floodplain may be able to be filled, but we will need further drainage analysis and certification that it will not cause flooding to properties upstream/downstream. NOTE: Any changes made to the plans, that have not been requested by the City of College Station must be explained in your next transmittal letter. 2 of 3 Provide a note on the Concept Plan to include these items as part of the rezoning, or we will have to recommend a conditional approval of the rezoning to have it added. Reviewed by: Erika Bridges Date: January 30, 2015 TRANSPORTATION Rezoning Comments: 1. The driveways shown on the Concept Plan in the TIA differ from the driveways shown on the Concept Plan submitted with the rezoning . The location of the driveways on the POD Concept Plan, should be adjusted to what was submitted with the TIA. The driveway on North Dowling Road is on a portion outside the City limits, maintained by the County and would need to be approved and permitted through them ; I would recommend making it for emergency access only (with a knox box), if it is needed as a secondary access point. 2. At the intersection of Dowling and Brownstone, is the ROW sufficient to curve what would become Old Dowling (east segment) into future, realigned Dowling (Brownstone)? TIA Comments: 3. The 1 % annual growth rate does not appear to be adequate based on the counts taken in April vs the counts taken in September. 4. FYI-Based on TxDOT comments for the CRED project, an additional southbound lane on Holleman Drive, to keep a free right, will be required with that development. 5. In the event that the CRED project is not developed prior to this development, please provide LOS information for Market Street and Holleman, without a signal or CRED traffic. 6. Since Brownstone (or future Dowling) is a thoroughfare, there are concerns with Brownstone T-ing into Market and not extending to Holleman Drive as the through movement. Please provide an analysis showing the LOS at the intersection of Brownstone and Market assuming existing Dowling is closed and realigned. This will provide more information for us to evaluate this intersection. We will need to see a layout that the current alignment would still be able to connect to Holleman in the future. Reviewed by: Danielle Singh, P.E., Transportation Planning Coard . Date: January 30, 2015 TxDOT 1. Proposed roadway (Market Street Extension) does not meet the TxDOT Access Management Manual guidelines; there is not enough property frontage along FM-2818 to support a safe full access point along any portion of the property frontage . Reviewed by: Vincent Espinoza, TxDOT Date: January 27 , 2015 NOTE: Any changes made to the plans, that have not been requested by the City of College Station must be explained in your next transmittal letter. 3 of 3 MEMORANDUM DATE: January 16, 2015 TO: Veronica Morgan, Mitchell and Morgan, LLP, via; v@mitchellandmorgan.com/ FROM: Jason Schubert, AICP Principal Planner SUBJECT: CAPSTONE DEVELOPMENT (REZ) Thank you for the submittal of your Rezoning application. Erika Bridges, Graduate Engineer II , and I have been assigned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Friday, January 30, 2015. If you have questions in the meantime, please feel free to contact us . PC: Rob Howland, Capstone-CS, LLC, via; rhowland@capstonemail.com ...../ Amanda Wallis, Capstone-CS, LLC, via; awallis@capstonemail.com ..; P&DS Project No. 15-00900013 Pla11ni11g & Development Services P.O. BOX 9960 • l 101 TEXAS AVENUE · COLLEGE STP:flON ·TEXAS · 77842 TEL. 979 764.3570 •FAX. 979.764.3496 cst><.gov/devservices Jason Schubert, AICP City of College Station Planning and Development Services P.O. Box 9960 College Station, TX 77842 MITCHELL MORGAN January 5, 2015 Re: CAPSTONE DEVELOPMENT AT HOLLEMAN DRIVE AND DOWLING ROAD (REZ-PDD) Dear Jason, As discussed we have modified our original bulk variance request and have itemized those in this letter. Listed below are the bulk variances that we are seeking for the Capstone development: Understanding that we must choose a base zoning district for the residential development upon which we base all variance requests, we have chosen MF-Multi-Family as our base district. Residential Area Bulk Variance Requests: 1. Allow for block length variances along North Dowling Drive . We have indicated a new roadway (Brownstone Drive) to break some of the block length along North Dowling Drive. 2. Allow for 20' curb radii at intersections to create a more pedestrian friendly environment. 3. Allow for parallel parking on Brownstone Drive . 4. Allow for 5 bedroom units similar to those in the Cottages Development. As stated in the UDO, the purpose of the Planned Development district is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. A PDD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts. Finally, the PD District allows development to vary from certain development standards so long as there are community benefits which outweigh the requested modifications. We believe that this project offers a unique product and its community benefits certainly outweigh modifications being requested. These community benefits are as follows: 1. The detention will be provided in the irrigation pond area. This feature along Holleman Drive provides for a nice view corridor from the street. 2. There is a hike/bike trail around the irrigation pond and along Holleman Drive that the public will be able to enjoy. 3. There is only 1 access driveway from the residential areas and Brownstone Drive to North Dowling Road . Keeping this number to a minimum will help ease the North Dowling Road traffic concerns that may arise from the adjacent single family residential properties. Thank you very much. If you have any questions please do not hesitate to call. Veronica J Managing Partner Cc: file Amanda Wallis, Capstone Collegiate Communities Erik Lindholm, Dungan-Nequette 3204 EARL RUDDER FWY. S. • COLLEGE STATION, TX 77845 • T 979.260 6963 • F 979.260.3564 CIVIL ENGINEERING • HYDRAULICS HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS 1nfo@m1tchellandmorgan com • www m1tchellandmorgan com MITCHELL 3204 Earl Rudder Fwy S College Station. TX 77845 (979) 260-6963 Phone (979) 260-3564 Fax info@mitchellandmorgan.com www.mitchellandmorgan.com Letter Of Transmittal Date: 02/24/2015 Job: MORGAN Attention: Jason Schubert To: City of College Station Re: C3 Development We are sending you: Iii Attached D Under separate cover via D Drawings D Plans D Prints D Samples D D Letter D Order D Other Item Date # of Copies Description 1 2 2/18/2015 2/15/2015 Transmitted as checked below: 1 1 24" x 36" -Revised Rezoning Map 24" x 36" -Revised Concept Plan 1445 the following: Specifications D For approval D Approved as noted DD Resubmit ___ copies for approval D For your use D Approved as submitted Submit copies for distribution D As requested D Returned for corrections D Return corrected copies [Xl For review D Other ____________ _ Remarks: If you have any questions or comments, please contact us at 979-260-6963. Copy to: _F_il_e _____________ Signed: Kerry Pillow MITCHELL 3204 Earl Rudder Fwy S College Station. TX 77845 (979) 260-6963 Phone (979) 260-3564 Fax info@mitchellandmorgan.com www.mitchellandmorgan.com Letter Of Transmittal MM Date: 02/18/2015 Job: 1445 MORGAN Attention: Planning & Development To: City of College Station Re: C3 Development We are sending you: [i] Attached D Under separate cover via the following: D Drawings D Plans D Prints D Samples D Specifications D Letter D Order D Other Item Date # of Copies Description 1 2/18/2015 1 Response to Comments 2 2/18/2015 1 Revised Bulk Variance Letter 3 2/18/2015 1 TIA Addendum 4 2/18/2015 1 24" x 36" -Revised Rezoning Map 5 2/18/2015 1 24" x 36" -Revised Concept Plan Transmitted as checked below: D For approval D Approved as noted DD Resubmit~ __ copies for approval D For your use D Approved as submitted Submit copies for distribution D As requested D Returned for corrections D Return corrected copies lXJ For review D Other ____________ _ Remarks: If you have any questions or comments, please contact us at 979-260-6963. Copy to: File Signed: -------------~ Kerry Pillow MITCHELL 3204 Earl Rudder Fwy S College Station. TX 77845 (979) 260-6963 Phone (979) 260-3564 Fax info@mitchellandmorgan.com www.mitchellandmorgan.com Letter Of Transmittal MM Date: 3/10/2015 Job: 1445 MORGAN Attention: Jason Schubert To: City of College Station Re: C3 Development We are sending you: [i] Attached D Plans D Order D Under separate cover via _____ the following: D Prints D Samples D Specifications D Drawings D Letter D Other ________________ ~ Item Date # of Copies Description 1 3/9/2015 1 Response to Staff Comments 2 3/9/2015 13 11" x 17" -Revised Rezoning Map 3 3/9/2015 1 24" x 36" -Revised Rezoning Map 4 3/9/2015 13 11" x 17" -Revised Concept Plan 5 3/9/2015 1 24" x 36" -Revised Concept Plan 6 3/9/2015 1 Revised Bulk Variance Letter Transmitted as checked below: D For approval D Approved as noted D Resubmit,__ __ copies for approval D For your use D Approved as submitted D Submit copies for distribution D As requested D Returned for corrections D Return corrected copies rXJ For review D Other ____________ _ Remarks: If you have any questions or comments, please contact us at 979-260-6963. Copy to: File Signed: -------------~ Kerry Pillow CITY OF C OLLEGE STATION Home o/Texas A&M University• REZONING REQUEST FOR CAPSTONE DEVELOPMENT 15-00900013 REQUEST: Amend the POD Planned Development District to remove a commercial pad site and realign the proposed driveways and roadways. SCALE: 24.523 acres LOCATION: 1120 Holleman Drive South, generally located south of Market Street between Holleman Drive South and North Dowling Road, the property being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas being a 24.523 acre tract being a portion of the remainder of a called 120. 76 acre tract as described by a deed to Capstone-CS, LLC recorded in Volume 8900, Page 148 of the Official Records of Brazos County, Texas. APPLICANT: Mitchell & Morgan, LLP PROJECT MANAGER: Jason Schubert, AICP, Principal Planner jschubert@cstx.gov RECOMMENDATIONS: At their March 10, 2015 meeting, the Parks and Recreation Advisory Board recommended approval of the additional parkland fees as one of the proposed community benefits to help offset the proposed meritorious modifications. Staff recommends approval of the rezoning request. Planning & Zoning Commission Page 1 of 8 March 19, 2015 $: IJ Ill 1il ..... ::l (") ::l :::r -· _. ::l co (Q -Qo NN ~o CJ1 ~. ::l (Q () 0 3 3 u;· en 5· ::l IJ Ill (Q CD N 0 _,, ()) DEVELOPMENT REVIEW s: ""O ru ru-n 5 :::r -· ...... :i (()co -Qo NN ~o (J1 2 . :i co 0 0 3 3 CJ) CJ) c» :i ""O Ill co CD (;) 0 -co Zoning Dlstrl<lts R Ru:fal E Ests.t~ RS Restricted Suburban GS Gener al Su.bur ban R-IS Sing.le FamilyRe•idential 0 01.<plu T TOWnhousl! R-4 R-6 MHP 0 SC GC Cl SP DEVELOPMENT REVIEW Multi-Famliy High Oen..ity Multi-Family :M!.nufactuted Home P.ert Office Suburb.an Comm·scial Genera.I Comrnefcial Commacis.l-lndustrial Busine-:u P.2!rt BPI NAP B0tin.est Palk Industrial He.tural Ase.as Protected C -3 Lig'htCommercisl M-1 Lignt Industrial M -2 Huvy Industrial C-U Colieil,.andUnive<sity R& D R@Seardi.an:dDevelo.pment -P-<MUO Plann.ed Mixed·U'!ie Oev~lopme.nt CAPSTONE DEVELOPMENT Case: 15-13 R / POD Planned Dev..lop""'nl Ds llict WPC Wolf PenCrffi Dev. Colfid0< NG - 1 Core Northga.te NG -2 Trarui!iona.IN0<thgste NG -3 Res id"nlial Norlhgate OV Corrid0< Overlay RDD R'ede-v.e:k>pment Oi.stri.d KO Krene!: Tsp Overlay REZONING NOTIFICATIONS Advertised Commission Hearing Date: Advertised Council Hearing Date: March 19, 2015 April 9, 2015 The following neighborhood organizations that are registered with the City of College Station's Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 14 Contacts in support: None Contacts in opposition: None Inquiry contacts: One ADJACENT LAND USES Direction Com rehensive Plan North (across Urban Holleman Drive South Natural Areas Reserved South (across North Rural Dowlin Road East Utilities West Urban Natural Areas Reserved DEVELOPMENT HISTORY Annexation: 2002 Zonin Land Use POD Planned Planned Develo ment District commercial N/A (ET J) Acreage single- fa mil lots R Rural Vacant POD Planned Multi-family Develo ment District Zoning: A-0 Agricultural Open (upon annexation), rezoned POD Planned Development District (2008) for multi-family and commercial uses. Final Plat: Un platted Site development: Vacant with walking paths and a pond used for irrigation. REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as Urban and Natural Areas Reserved and is located in Growth Area VI. The Urban designation is generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments. General commercial and office uses, business parks, and vertical mixed-use may also be permitted within growth and redevelopment areas. The Natural Areas Reserved designation is generally for areas that represent a constraint to development and that should be preserved for their natural function or open space qualities. These areas include floodplains and riparian buffers, as well as recreation facilities. The proposed zoning permits multi-family and retains natural open space in an existing pond area and floodplain. The proposed land use is consistent with the Comprehensive Plan. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The subject tract is part of an existing POD Planning & Zoning Commission March 19, 2015 Page 4 of 8 Planned Development District that has other multi-family and commercial uses. The property to the east is owned by the City of College Station and is anticipated to be used for expansion of the existing water facilities . The property to the south across North Dowling Road is developed as rural residential lots. The Concept Plan retains a 35-foot buffer area along North Dowling Road that includes landscaping, fence, and berm to help mitigate the intensity of the development with the less intense development to the south. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The proposed POD zoning allows for multi-family uses and the retains the existing pond area. Multi-family development is suitable for the subject tract in that it has a relative proximity to the Texas A&M University campus and is located in an area of largely other multi-family developments. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The existing POD Planned Development District allows for multi-family uses and a small commercial site along Holleman Drive South. The subject tract is suitable for these uses. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The applicant states the marketability of the multi-family is still very viable though the small commercial area is very difficult. Commercial areas tend to develop following residential development. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject property is located adjacent to a 12-inch water main along Holleman Drive South and an 8-inch water main at the intersection of Junction Boys Road and Brownstone Drive. An 8-inch sanitary sewer main stubs to the tract from the property to the west. New water mains and sanitary sewer lines will be extended through the property to support future development. The existing utilities appear to be adequate to support the proposed zoning on the property. The subject property is located in the Whites Creek Drainage Basin and development of the subject property is required to meet the minimum standards of the City's Storm Water Design Guidelines. The subject property is encroached by FEMA Special Flood Hazard Area -Zone A, in which no base flood elevations have been determined. The subject property is located adjacent to two roadways identified on the Thoroughfare Plan, Holleman Drive South (4-lane major collector) and North Dowling Road (2-lane major collector). The alignment of the proposed public roadway would allow for the potential rea lignment of North Dowling Road to Holleman Drive South at the intersection with Market Street. A Traffic Impact Analysis (TIA) was submitted with the rezoning. The signalization of the existing intersection of Holleman Drive South and Market Street would likely be warranted and has been identified as mitigation with development in the area. Final traffic mitigation measures will be determined prior to site development. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a POD, an applicant may also Planning & Zoning Commission March 19, 2015 Page 5 of 8 request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing POD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan , and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; s. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare , or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. General The Concept Plan is mainly multi-family with some open spaces areas. The commercial pad site identified on the existing POD (area 83) has been removed from the proposed Concept Plan. The potential future realignment of North Dowling Road has been moved to the west to allow it to occur at the existing Market Street intersection with Holleman Drive South , which is planned to be signalized with the development in the area. The proposed multi-family will remain based on R-4 Multi-Family zoning district requirements which has a maximum density of 20 units per acre. The multi-family areas are proposed to be gated with main entry/exit boulevard driveways along the proposed Junction Boys Road and an exit only driveways on Holleman Drive South and North Dowling Road . The maximum height of buildings will be limited to three stories and architecture elements that may be as tall as 70 feet. These heights are the same as the existing POD and similar to other multi-family developments in the area. A multi-use path is proposed along the proposed public road through the tract and the private hike/bike trail along the portion of North Dowling Road carries over from the existing POD. The hike/bike trail systems is intended to provide connection between the residential and commercial areas of the original POD as well as provide recreational opportunities for the residents. A 35-foot to 50-foot wide buffer area remains proposed along the existing North Dowling Road to buffer the proposed multi-family areas from the adjacent single-family and rural areas. This buffer area will consist of a separating berm averaging 4 feet in height with a fence located on Planning & Zoning Commission March 19, 2015 Page 6 of 8 the development side of the berm and landscaping. The berm transition up and down so as to along 70 percent of North Dowling Road 's frontage. The buffer will serve as a community benefit as multi-family developments are not required to buffer along rights-of-way and this will help transition the developments to the existing single-family and rural area outside of the City. Meritorious Modifications The applicant has requested the following meritorious modifications: • Allow for block length variances along North Dowling Road. This modification request carries forward from the existing POD approved in 2008. The current block length requirement is 660 feet for areas designated Urban in the Comprehensive Plan. A public roadway is proposed to bisect the tract and there are few alternatives to this remaining portion of the original POD area. • Allow for 20-foot curb radii at intersections to create a more pedestrian friendly environment. This modification request carries forward from the existing POD approved in 2008. The allowable range of curb return radii is between 25 and 30 feet. The tighter radii will shorten the distance for pedestrians to cross an intersection and create a more pedestrian friendly environment. • Allow for cottages (single detached units) and duplexes to be constructed within the POD (R-4 based) category. This modification request carries forward from the existing POD approved in 2008. The new MF Multi-Family district adopted in December 2014 allows this by right though the applicant has chosen to retain the R-4 Multi-Family district as the base district that does not allow these units on the same lot as multi-family units. • Allow five-bedroom units types to allow up to five unrelated individuals in a dwelling unit. This modification has been added to clarify what was already anticipated with the existing POD approved in 2008. A mix of three, four, and five-bedroom units with an average of 4.31 bedrooms per unit is proposed with the development. The applicant has included more explanation as part of their application and is proposing to provide additional parkland dedication fees for the additional bedrooms over the average of four bedrooms per unit as described in the Community Benefits section. Community Benefits The applicant has identified the following community benefits to offset the proposed meritorious modifications: • The detention will be provided in the irrigation pond area. This feature along Holleman Drive South provides for a nice view corridor from the street. • There is a hike/bike trail along the internal public street that the public will be able to enjoy. • There is only one access driveway from the residential area as well as the one connection of the public road to North Dowling Road. Keeping this number to a minimum will help ease the North Dowling Road traffic concerns that may arise from the adjacent single family residential properties. • Additional parkland dedication fees to pay the cost differential between having all four bedroom units and the additional bedrooms provided as a result of having five-bedroom units. The development currently anticipates an average of 4.31 bedrooms per unit. The Parks and Recreation Advisory Board recommended approval of this community benefit at their March 10, 2015 meeting. STAFF RECOMMENDATION Staff recommends approval of the rezoning request. Planning & Zoning Commission March 19, 2015 Page 7 of 8 SUPPORTING MATERIALS 1. Application 2. Rezoning Map 3. Proposed Concept Plan 4. Existing Concept Plan Planning & Zoning Commission March 19, 2015 Page 8 of 8 NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zonin g Map," of the Code of Ordinances of the City of College Station, Texas by amending the PDD Planned Development District for the property being situated in the Crawford Burnett League, Abstract No . 7, College Station , Brazos County, Texas being a 24 .523 acre tract being a portion of the remainder of a called 120.76 acre tract as described by a deed to Capstone-CS, LLC recorded in Volume 8900, Page 148 of the Official Records of Brazos County, Texas, generally located south of Market Street between Holleman Drive South and North Dowl ing Road . The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, March 19, 2015. For additional information, please contact Jason Schubert, Project Manager, at 979 .764.3570 . Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call 979.764.3541 or (TDD) 1.800.735.2989. 3-2-15 NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by amending the POD Planned Development District for the property being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas being a 24.523 acre tract being a portion of the remainder of a called 120.76 acre tract as described by a deed to Capstone-CS, LLC recorded in Volume 8900, Page 148 of the Official Records of Brazos County, Texas, generally located south of Market Street between Holleman Drive South and North Dowling Road. The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, March 19, 2015. For additional information, please contact Jason Schubert, Project Manager, at 979.764.3570. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3541 or (TDD) 1.800.735.2989. 3-2-15 LEGAL NOTICE DATE TO BE PUBLISHED: MONDAY, MARCH 2, 2015 BILL TO : Brittany Caldwell City of College Station P.O. Box 9960 College Station , TX 77842 NOTICE OF PUBLIC HEARING: ONLY The College Station Planning and Zoning Commission wi ll hold a public hearing regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map ," of the Code of Ordinances of the City of College Station , Texas by amending the POD Planned Development District for the property being situated in the Crawford Burnett League, Abstract No . 7, College Station , Brazos County, Texas being a 24 .523 acre tract being a portion of the remainder of a called 120.76 acre tract as described by a deed to Capstone-CS, LLC recorded in Volume 8900, Page 148 of the Official Records of Brazos County, Texas , generally located south of Market Street between Holleman Drive South and North Dowling Road . The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, March 19, 2015. For additional information, please contact Jason Schubert, Project Manager, at 979.764.3570. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3541 or (TDD) 1.800 .735 .2989. AICAddress of Sender CITY OF COLLEGE STATION . P.O. Box 9960 College Station, TX 77842 Article Number 15-13 FEDORA HERB L 9929 N DOWLING RD COLLEGE STATION, TX 77845-9101 15-13 FEDORA LEE A & LISA A 900 EMERALD DOVE AVE COLLEGE STATION, TX 77845-6376 15-13 MITCHELL & MORGAN, LLP C/0 VERONICA MORGAN 3204 EARL RUDDER FREEWAY SOUTH COLLEGE STATION, TX 77845 15-13 CAPSTONE-CS LLC 431 OFFICE PARK DR MOUNTAIN BRK, AL 35223-2411 15-13 AREGULLIN HECTOR & BLANCA ELENA 4562 ROCK PRAIRIE RD W COLLEGE STATION, TX 77845-5/ Total Number of Pieces Total Number-~ Pieces Listed by Sender · Received at P'Office PS Form 3877, February 2002 (Page 1 of 2) Check type of mail or service: D Certified 0 COD D Delivery Confirmation D Express Mail D Insured D Recorded Delivery (International) D Registered D Return Receipt for Merchandise D Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Recei t Mdressee (Name, Street, City, State, & ZIP Code) Postage Fee Handling ___, ___ -+ Charge neopost.'' 03/03/2015 US POSTAGE ,,. $02.352 ZIP 77840 041L11239588 See Privacy Act Statement on Reverse Complete by Typewriter, Ink, or Ball Point Pen R ae PS Form 3877, February 2002 (Page 2 of 2) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces lost or damaged in a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to some, but not all countries. The maximum indemnity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for !irritations of coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. :> O!IOVTt:> .o~ Affix Stamp Here (If issued as a certificate of mailing, or for additional CITY Of COLLEGE STATIO D Certified D Recorded Delivery (International) 0 COD 0 Registered P.O. BOX 9960 D Delivery Confirmation D Return Receipt for Merchandise copies of this bill) Postmark and Date of Recei t Hand Ii N1f3.2~(:1dress of Sender f heck type of mail or service: D Express Mail D Signature Confirmation _C_ollege_Sallon,_D--17M2 ~D~lns=ur-"-'ed'----------------~---+-==_=:_:_==-=----Artic1e Number Adcressee (Narre, Street, Qty, State, & ZJP Code) Postage 15-13 WARD RICHARD A 1502 QUAILS NEST CIR COLLEGE STATION, TX 77845-7100 15-13 PINALEZ BLANCA 9857 N DOWLING RD COLLEGE STATION, TX 77845-6298 15-13 HALL JAMES ROBERT & KARLA ANN 9775 N DOWLING RD COLLEGE STATION, TX 77845-6296 15-13 GRANT GROUP LLC PO BOX 11765 COLLEGE STATION, TX 77842-1765 15-13 LEWIS MARGARET J 9611 N DOWLING RD COLLEGE STATION, TX 77845-y Fee Char\ neopost" 03/03/2015 ''*'-14•1'.if;.Ni $02.35Q ~~ ZIP 77840 041L11239588 m c c t-;~+1am_ ·--...., i::s c cu c E cu 0 :c ; ... i;: fG. E -c 0 ... CJ ·-.... e c 0 + Total Number of Pieces r Total Number o~(ieces Postmaster, Per (Name of receiving empl Listed by Sender • Received at Po~ce See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen RR Fee c» ...., (,) ·;:: ...., llL c» ~ PS Form 3877, February 2002 (Page 2 of 2) The full declaration of value is required on all dorrestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces lost or damaged in a single catastrophic ocrurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to sorre, but not all oountries. The rraximum indemnity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See lntemational Mail Manual for limitations of coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. N:~feCQLLEGE STATION Chec~ty~:rt~;,e:ail or service: . P.O. BoX 99l0 O g~~ery Confirmation [l Recorded Delivery (International) Registered D Return Receipt for Merchandise LJ Signature Confirmation Co11e19 9'atl0n, 1'X 77142-+ D Express Mail Q Insured Article Number M<ressee (Name, Street, Oty, State, & ZJP Code) + Postage 8. 15-13 CPP COLLEGE STATION I LLC & CPP COLLEGE STATION II LLC 429 SANTA MONICA BLVD STE 600 SANTA MONICA, CA 90401-3418 15-13 MCNEAL CATHERINE 1503 SADDLE LN COLLEGE STATION, TX 77845-6230 15-13 CPP 88 COLLEGE STATION LLC 429 SANTA MONICA BLVD STE 600 SANTA MONICA, CA 90401-3418 15-13 PORTER WILLIAM J 9653 N DOWLING RD COLLEGE STATION, TX 77845-6294 Total Number of Pie s Listed by Sender l I L I I I I Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) I Postmark and +Date of Recei t Fee I Handling + t Charge I +- I neopos1}' 03/03/2015 US POSTAGE T I -+ I --+--I ----t-1 + I +-t t l -- i I -+- I ---t I $01.882 ZIP 77840 041L11239588 t l l LL 1fh .~ (I) -u I G) (I) (I) c c Q a: :;; ~I ~i E c C\'I c .. ::s 0 E C\'I .!:? ; :;; "" :c ; I a: It: -4 -c-~ E 0 ·-(I) "" u ~I a: I It: c : I I 0 I t-Q I I ~ See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen PS Form 3877, February 2002 (Page 2 of 2) The full declaration of value is required on all domestic and international registered mail. The maximum inderrnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to addrtional limitations for multiple pieces lost or darraged in a single catastrophic ocrurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to some, but not all countries. The maximum indemnity payable is $25,000 for registered mail sent with optional postal Insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limtations of coverage on international mail. Special handling charges appiy only to Standard Mail and Parcel Services parcels. March 2, 2015 CrrY OF C OLLEGE STATION Home of Texas A&M University" TO WHOM IT MAY CONCERN: Re: Consideration of a Rezoning request for approximately 25 acres for the property generally located south of Market Street between Holleman Drive South and North Dowling Road . NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a REZONING request for the following property: Applicant: Mitchell & Morgan, LLP Project Number: 15-00900013 Subject Property: (See attached location map.) The property being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas being a 24.523 acre tract being a portion of the remainder of a called 120. 76 acre tract as described by a deed to Capstone-CS, LLC recorded in Volume 8900, Page 148 of the Official Records of Brazos County, Texas, generally located south of Market Street between Holleman Drive South and North Dowling Road. Proposed Zoning: Amending the POD Planned Development District The Planning and Zoning Commission will hold a public hearing on Thursday, March 19, 2015, at 7:00 p.m. to consider the request. The City Council will also hold a publ ic hearing to consider the request and the Commission's recommendation on Thursday, April 9, 2015, at 7:00 p.m. The public hearing will be held in the City Hall Council Chambers located at 1101 Texas Avenue, College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3541 or (TDD) 1.800. 735.2989. For additional information regarding this public hearing, please contact the Project Manager with Planning & Development Services at 979. 764.3570. Jason Schubert PROJECT MANAGER Planning & Development Services P.O. ROX 9960 • 1101 TEXAS AVENUE · COLLEGE STATION ·TEXAS · 77842 TEL. ')79.764 .. ~5 7 0 •FAX. 979.764 .. J496 cstx.gov/devservices R -4 College and U · usity Zoning Districts R E RS GS R-16 0 T Rural Estate Restricted Suburban Gener.al Suburban Sin9le Family Rs idential Duplex Townhouse \ >. \ ... \. '-, R -4 R -6 MHP 0 SC GC Cl SP vr DEVELOPMENT REVIEW R Multi-Famliy BPI Business Par Industrial PDD Pis 2d Development District High Density Multi-Family NAP t stural Areas Protected W PC Wolf Pen Cre~ Dev. Ccu idor Manufactu e:i Home PaI C-3 Light Commercial NG -1 Ccr2 tforthgste OffiDe< M -·1 Light Industrial t G -2 Tcsnsitions I Nmthgste Suburban Commercisl M -2 Hesvy lndustrisl NG -3 Res identisl orihgs.te Gena al Ccmmacial C-U College and Unives ity OV Co.rridor Ove lay Ccmmacis~ Industrial R& D Re-search and De~elopment RDD Redevelopment Di>trict Business P-ar~ P-MUD Plsnned Mixed-Use Development KO Krena Tap Overlay CAPSTONE DEVELOPMENT Case: REZONING 15 w 13 Scale = 1: 419 (Feet) 1 N 9" W 1013.66 2 N 14° 59' 7" E 235.42 3 N 51 ° 30' 03" W 40.01 4 N 38° 29' 57" E 60 5 N 51 ° 30' 3" W 28.13 6 N 13° 37' 58" E 91.38, ch 90.89, r 252 L 7 N 3° 14' 38" E 125.45 8 N 29° 25' 58" E 31.2 9 N 53° 14' 09" E 163.46, ch 160.04, r 230 L 10 N 32° 52' 35" E 45.9 11 N 71 ° 08' 58" E 28.48 7 2 12 S 86° 39' 50" E 418.55, ch 414.24, r 840 L 13 N 79° 03' 42" E 94.53 14 S 55° 56' 18" E 35.36 15 N 79° 03' 42" E 80 16 S 10° 56' 18" E 397.92 17 S 05° 17' 33" W 325.77, ch 321.43, r 575 R 18 s 43° 01' 8" w 94.15 19 S43°01'39"W1261.97 20 s 62° 17' 05" w 3.93 CA PST ONE DE VELOPMENT REZONIN G DEVELOPMENT RE VIEW Cohgtand Unirt~i!J Zoning Districts R :E FJ-5 GS R -18 D T Rul91 E$tate Rene.a Suburb1r1 G. et al Subutb1n Single F1mily Rl!:S idential Duplu T. nhcu:s ail e R-4 R-6 ,.fHP 0 SC GC Cl BP vr DEVELOPUENT REVIEW OT'! l.OC!tl I I I I MuJi.Fsml iy H~ OEnS ity Multi-F Man: nctu ed Hornt P Off'.u Sub iti.I Commerc' I Ge v1ICommBcial Co da~lndustrial B . P II usn ss ar EFI 'P C-3 -1 .-2 C-lJ R&D p JUD ._,,,, Busi ess Put Industrial Nat atA:eas Protected L.ight Cemmercill L.lg ht ln4intrill Heavy us1ri1I Co liege and U n iv l!fS ity Reseucb and Developme t Pia £d fix d U D Et: nn r. e -se ev pment CAPSTONE DEVELOPMENT Case: 15-13 POD PC ROD KO R Pia ea Dev11fopm£rn District Wolf Pen Creelc Dev. c ,orridcr CCC"e CC"thg1te Tr 1 ~ition1 I N0tthg1t1 Res.ide ti1I Northg1te Co i:fcr Overlay Redevelopment Dist ·a Kr all Ov I £111 ap er ay REZONING FOR OFFICE USE ONLY CASE NO.: l 5-\o DATE SUBMJTIED: 0\ I I y I I 5 CITY OF COLLl~GE STATION Home o/Texas A&M Univmiry" TIME: t,.\ ··'56 STAFF: ZONING MAP AMENDMENT (REZONING) APPLICATION PLANNED DISTRICTS (Check one) O ($1 , 165) Planned Development District (POD) D ($1, 165) Planned Mixed-Used Development (P-MUD) ~ ($315) Modification to Existing POD or P-MUD Amendment -Planning & Zoning Commission and City Council Review Please use Concept Plan Minor Amendment Application for minor amendments as per Section 3.4.J of the UDO. MINIMUM SUBMITTAL REQUIREMENTS: [g) $315 -1,165 Rezoning Application Fee. [g) Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. [g) Traffic Impact Analysis or calculations of projected vehicle trips showing that a TIA is not necessary for the proposed request. [g) One (1) copy of a fully dimensioned Rezoning Map on 24"x36" paper showing: a. Land affected; b. Legal description of area of proposed change ; c. Present zoning; d. Zoning classification of all abutting land; and e. All public and private rights-of-way and easements bounding and intersecting subject land. [g) Written legal description of subject property (metes & bounds or lot & block of subdivision, whichever is applicable). [g) A CAD (dxf/dwg) -model space State Plane NAO 83 or GIS (shp) digital file (e-mailed to PDSDigitalSubmittal@cstx.gov). [g) Six (6) copies of the Concept Plan on 24"x36" paper in accordance with Section 3.4.D of the UDO. [g) One (1) copy of the Concept Plan on 8.5"x11" paper in accordance with Section 3.4.D of the UDO. [g) The attached Concept Plan checklist with all items checked off or a brief explanation as to why they are not checked off. NOTE: If a petition for rezoning is denied by the City Council, another application for rezoning shall not be filed within a period of 180 days from the date of denial, except with permission of the Planning & Zoning Commission. Date of Optional Preapplication Conference -------------------------- NAME OF PROJECT Capstone Development ADDRESS Unknown at this Time LEGAL DESCRIPTION (Lot, Block, Subdivision) _C_ra_w_fi_or._d_B_u_r_ne_t_t,_T_ra_c_t_B_1_, 8_1_._2_1 ___________ _ GENERAL LOCATION OF PROPERTY IF NOT PLAlTED: ear the intersection of Holleman Drive and Dowling Road. TOTAL ACREAGE 24.5 Acres ---------------------------------- Revised 4/14 Page 1 of 7 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Mitchell & Morgan, LLP, CIO Veronica Morgan, PE E-mail v@mitchellandmorgan.com Street Address 3204 Earl Rudder Freeway South City College Station State Texas Zip Code _7_78_4_5 ____ _ Phone Number 979-260-6963 Fax Number 979-260-3564 ---------------- PROPER TY OWNER'S INFORMATION: Name Capstone-CS, LLC C!O Rob Howland, COO E-mail rhowland@capstonemail.com Street Address 431 Office Park Drive City Birmingham State Alabama Zip Code _3_52_2_3 ____ _ Phone Number 205-414-6400 Fax Number 205-414-6405 ---------------- OTHER CONTACTS (Please specify type of contact, i.e. project manager, potential buyer, local contact, etc.): Name Capstone-CS, LLC CIO Amanda Wallis E-mail awallis@capstonemail.com Street Address 431 Office Park Drive City Birmingham State Alabama Zip Code _35_2_2_3 ____ _ Phone Number 205-414-6400 Fax Number 205-414-6405 ---------------- This property was conveyed to owner by deed dated ___ 1_2_'11_5_12_o_o_a __ and recorded in Volume 8900 , Page 148 of the Brazos County Official Records. Existing Zoning POD Proposed Zoning POD --------------~-------------- Present Use of Property Irrigation Pond & Vacant-Undeveloped Proposed Use of Property Irrigation/Retention Pond & Multi-Family Proposed Use(s) of Property for POD, if applicable: Irrigation/Retention Pond & Multi-Family P-MUD uses are prescribed in Section 6.2.C. Use Table of the Unified Development Ordinance. If P-MUD: Approximate percentage of residential land uses: Not applicable. --"--'--------------------~ Approximate percentage of non-residential land uses: Not applicable. --------------------- REZONING SUPPORTING INFORMATION 1. List the changed or changing conditions in the area or in the City which make this zone change necessary. Originally the Concept Plan had commercial at the comer of Holleman and future Dowling Road. This commercial was very small in size and with the removal/relocation of Dowling Road this isn't a hard comer any longer. Because of this and the location this far off FM2818, the commercial is not desirable at this location. Revised 4/14 Page 2 of 7 2. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. Yes, it is in compliance with the Plan. The approved Comprehensive Plan shows this area as Urban Land Use and this project is in compliance with an Urban designation. 3. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The present zoning is POD with a mix of multi-family and commercial uses shown. The zone change request is only to remove the B-3 commercial tract on Holleman Drive and replace it with multi-family. 4. Explain the suitability of the property for uses permitted by the rezoning district requested. The property location is suitable for multi-family development as shown on the request. The location on Holleman Drive near the FM2818 intersection is ideal for this higher density development. These uses were permitted and deemed suitable with the initial POD zoning case. The only modification is to remove the B-3 commercial. 5. Explain the suitability of the property for uses permitted by the current zoning district. Multi-family is suitable with the existing POD zoning. The B-3 tract will be difficult to develop as commercial. 6. Explain the marketability of the property for uses permitted by the current zoning district. The marketability of the multi-family is still very viable. The marketability of this small commercial piece on Holleman Drive will be very difficult. Being off the major thoroughfare (FM281 BJ along with its size make it difficult to market. 7. List any other reasons to support this zone change. This zone change is only requesting that the small commercial portion B-3 on Holleman Drive be deleted. This is a very minor amendment to the current POD zoning. Revised 4/14 Page 3 of 7 8. State the purpose and intent of the proposed development. Purpose and intent of the proposed development is to provide multi-family housing. CONCEPT PLAN SUPPORTING INFORMATION 1. What is the range of future building heights? Maximum of three-stories with architectural elements as tall as 70-feet above ground level. 2. Provide a general statement regarding the proposed drainage. This project will contribute runoff to the existing irrigation/retention pond. 3. List the general bulk or dimensional variations sought. These are the same as the originally approved POD. 4. If variations are sought, please provide a list of community benefits and/or innovative design concepts to justify the request. Not applicable. Revised 4/14 Page 4 of 7 5. Explain how the concept plan proposal will constitute and environment of sustained stability and will be in harmony with the character of the surrounding area. The surrounding properties are currently developed as multi-family developments. This project will be compatible with these adjacent uses. 6. Explain how the proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan. The Comprehensive Plan clearly states that it is desirable to locate multi-family projects in close proximity to Texas A&M University and to major thoroughfares that are sized to handle the increased traffic loads. 7. Explain how the concept plan proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development. The surrounding properties are currently developed as multi-family developments. This project will be compatible with these adjacent uses. 8. State how dwelling units shall have access to a public street if they do not front on a public street. Alf of the dwelling units will have access to a public street via private internal parking lots and drive aisles. Access will be to Holleman, Brownstone Drive and North Dowling Road. 9. State how the development has provided adequate public improvements, including, but not limited to: parks, schools, and other public facilities. The development will be paying parkland dedication fees. Revised 4/14 Page 5 of 7 1 o. Explain how the concept plan proposal will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. Removal of the retail on Holleman will lessen the traffic activity at this location. The remaining development is in compliance with th e current zoning. 11 . Explain how the concept plan proposal will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable anticipated in the area considering existing zoning and land uses in the area. The modification being requested (i.e. removal of commercial B-3) will lessen the traffic activity on Holleman. Please note that a "complete site plan" must be submitted to Planning & Development Services for a formal review after the "concept plan" has been approved by the City Council prior to the issuance of a building permit -except for single- family development. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. Signature if ~ {,,. (},f) Date Revised 4/14 Page 6 of 7 Revised 4/14 CONCEPTUAL PDD/P-MUD SITE PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: [8] A key map (not necessarily to scale). [8] Title block to include: [8] Name, address, location, and legal description. [8] Name, address, and telephone number of applicant [8] Name, address, and telephone number of developer/owner (if differs from applicant) [8] Name, address, and telephone number of architecUengineer (if differs from applicant) [8] Date of submittal [8] Total site area [8] North arrow. [8] 100-year floodplain and floodway (if applicable) on or adjacent to the proposed project site, note if there is none on the site. [8] Show the approximate location of the following: ~mi Parking areas PM!t Building sites and an indication of their use ~ Artificially lit areas [ZJ Open spaces/conservation areas ~ Greenways (Kl Streets and access t0ffi Parks ~ Schools mi Trails ~ Buffer areas (or a statement indicating buffering proposed) ~ Other special features \~ ~t>/~~ ~o~(i) ~ Approximate accessways, pedestrian and bikeways. ~ Common and open space areas. Print Form J Page 7 of 7 NOTES: I . Sidewalks within A2 will exist aloog all private drive aisles and adjacent to all parking locations 2. A trail system will conned each block of A I /A2 and A3 for pedestrian use and will provide a route for both bike and pedestrain traffic to the retail locations 3. Roadways behind the entry gates will be Private Drive Aisles and all boulevard entrances to gates will be private. 4. AJI structures will be a maximum of3 stories tall and mayhave architectural elements above three stories that could be as tall as 70 feet above ground level (i.e. cupulas,etc.) 5. Parl<ing for the commercial areas (F I ,B2) shall be located in a manner so as to be located on the interior of the commercial area or at the drive entrances between buildings but not located parallel to Holleman and FM 2818 and in front of the commercial buildings along these roadways. 6. The looped roadway around B2 will be public and will provide a route for bus service. Parallel parking will be provided on this looped street. 7. The buffer areas shown will be designed as shown in the cross section A-A My existing vegetation that is of size and type to obtain landscape points will be retained (as opposed to retaining all existing vegetation which consists mostly of invasive non-desireable species) in the buffer area. The berm will vertically meander and roll along the buffer area to create interest as opposed to creating a 'wall'. 70% of the N. Dowling frontage will contain the Mbermed• buffer. 8. The open space in Al may be altered in a fashion to create individual neighborhoods surrounding an open space. The total open space area shall be generally of the same size as that shown. 9. The Place Properties connection road may be placed in an alternate alignment other than that sh01Nn given that it provkles thru access from the town square area (labeled as B2) through or adjacent to T raa A I and connects to P1ace Properties. Developer Capstone Development 4 3 I Office Park Drive Birmingham, Al. 35223 205-414-6400 THE COTIAGES OF COLLEGE STATIO Concept Plan .. i.i-1•1f • .,.,.,,...._.,,,1;u111,...T--0:....W-r-11,.• + ~ Vicinity Map Buffer Cross Section Section A-A LLLLL LLLLL LttH:: lU~~~L<xm;;n. "lried!OC-l_.,.. ...... r1..n dlrcltftc...m.-u..Scrutv~Lixaino 01.hud1')C-J'°'"""l?Ul'elOlClec!C-I uses(-~~"'9erl ffiillilil __ ~ Mitchell & Morgan, LLP 51 I Univer>tiy Drive East, Suite 204 College Station, Texas 77840 979-260-6963