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HomeMy WebLinkAbout00072357 House Bill 1833 Effective Date: June 16, 2001 Relating to local enforcement of certain health and safety statutes and ordinances. House Bill 2746 Relating to emergency services and rural fire Author: Giddings Sponsor: West, Royce prevention districts. Amends Section 552.115, Government Code and 342.006, Health and Safety Code, amends or adds Author: Carter Sponsor: Madla various sections of Chapters 54 and 214, Local Amends Chapters 775, 776 and 794, Health and GovernmentCode, and Chapter 683, Transportation Safety Code Code Allows emergency service districts ("ESDs") to Generally, House Bill 1833 cleans up and overlap rural fire prevention districts or other ESDs, strengthens municipal enforcement procedures for provided they do not duplicate services. Separate nuisance-like conditions, including substandard provisions of House Bill 2746 apply to counties buildings. Adds new Section 54.044 to the Local with populations more than 3.0 million (currently, Government Code to authorize non-criminal Harris County) and to all other counties. alternative enforcement procedures for ordinances relating to construction codes, fire safety, dangerous Effective Date: June 16, 2001 or substandard buildings, accumulations of trash or vegetation, health hazards, junked vehicles, and House Bill 3161 appearance of property. Authorizes a hearing Relating to the expiration of certain subdivision officer to impose penalties, costs, and fees plats. (apparently unlimited in amount) and provides that 1JO a person charged, but who fails to appear at an Author: Bonnen Sponsor: Brown, Buster administrative hearing, is considered to admit Adds Section 232.002(c), Local Government Code liability for the violation charged. Authorizes an appeal to municipal court, if requested within 31 Provides that county-approved subdivision plats days. terminate on January 1 of the 51st year after the year of approval if none of the platted land has been Effective Date: September 1, 2001 sold by that date. Current regulations apply to expired plats re-submitted for approval. In effect, House Bill 2580 v\~. GS - House Bill 3161 provides for vested rights in Relating to establishing the enforcement of land use approved plats for 50+ years. See also Chapter 245, restrictions as a governmental function of a Local Government Code, sometimes referred to as municipality. the "vested rights" law or the "freeze law." clly, C, ) Author: Bosse Sponsor: Whitmire Effective Date: June 14, 2001 Amends Section 101.0215(a), Civil Practice and Remedies Code, and adds Section 230.007, Local House Bill 3172 Government Code Relating to the authority of a county to establish a public improvement district. Adds deed restriction enforcement to the list of governmental functions covered by the Tort Claims Author: Thompson Sponsor: Van de Putte Act, capping the city's liability. Applies only to Amends many sections of Chapter 372, Local unzoned cities with populations of 1.5 million or Government Code more (i.e., only Houston). 14 77(R) HB 2580 Enrolled version - Bill Text Page 1 of 2 1-1 AN ACT 1-2 relating to establishing the enforcement of land use restrictions 1-3 as a governmental function of a municipality. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 101.0215(a), Civil Practice and Remedies 1-6 Code, is amended to read as follows: 1-7 (a) A municipality is liable under this chapter for damages 1-8 arising from its governmental functions, which are those functions 1-9 that are enjoined on a municipality by law and are given it by the 1-10 state as part of the state's sovereignty, to be exercised by the 1-11 municipality in the interest of the general public, including but 1-12 not limited to: 1-13 (1) police and fire protection and control; 1-14 (2) health and sanitation services; 1-15 (3) street construction and design; 1-16 (4) bridge construction and maintenance and street 1-17 maintenance; 1-18 (5) cemeteries and cemetery care; 1-19 (6) garbage and solid waste removal, collection, and 1-20 disposal; 1-21 (7) establishment and maintenance of jails; 1-22 (8) hospitals; 1-23 (9) sanitary and storm sewers; 1-24 (10) airports; 2-1 (11) waterworks; 2-2 (12) repair garages; 2-3 (13) parks and zoos; 2-4 (14) museums; 2-5 (15) libraries and library maintenance; 2-6 (16) civic, convention centers, or coliseums; 2-7 (17) community, neighborhood, or senior citizen 2-8 centers; 2-9 (18) operation of emergency ambulance service; 2-10 (19) dams and reservoirs; 2-11 (20) warning signals; 2-12 (21) regulation of traffic; 2-13 (22) transportation systems; 2-14 (23) recreational facilities, including but not 2-15 limited to swimming pools, beaches, and marinas; 2-16 (24) vehicle and motor driven equipment maintenance; 2-17 (25) parking facilities; 2-18 (26) tax collection; 2-19 (27) firework displays; 2-20 (28) building codes and inspection; 2-21 (29) zoning, planning, and plat approval; 2-22 (30) engineering functions; 2-23 (31) maintenance of traffic signals, signs, and 2-24 hazards; 2-25 (32) water and sewer service; 2-26 (33) animal control; 2-27 (34) community development or urban renewal activities 3-1 undertaken by municipalities and authorized under Chapters 373 and 3-2 374, Local Government Code; [ate] 3-3 (35) latchkey programs conducted exclusively on a 3-4 school campus under an interlocal agreement with the school 3-5 district in which the school campus is located; and 3-6 .(36) enforcement of land use restrictions under 3-7 Subchapter A, Chapter___230,_ Loc_al_Government Code. 3-8 SECTION 2. Subchapter A, Chapter 230, Local Government Code, 3-9 is amended by adding Section 230.007 to read as follows: 3-10 Sec. 230.007. GOVERNMENTAL FUNCTION. An action filed by a 3-11 municipality under this subchapter to enforce a land use 3-12 restriction is a governmental function of the municipality. .../viewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=025 80&4/5/2002 77(R) HB 2580 Enrolled version - Bill Text Page 2 of 2 3-13 SECTION 3. This Act takes effect immediately if it receives 3-14 a vote of two-thirds of all the members elected to each house, as 3-15 provided by Section 39, Article III, Texas Constitution. If this 3-16 Act does not receive the vote necessary for immediate effect, this 3-17 Act takes effect September 1, 2001. President of the Senate Speaker of the House I certify that H.B. No. 2580 was passed by the House on April 27, 2001, by the following vote: Yeas 143, Nays 0, 2 present, not voting. Chief Clerk of the House I certify that H.B. No. 2580 was passed by the Senate on May 17, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. Secretary of the Senate APPROVED: Date Governor .../viewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02580 4/5/2002 University Preserve - College Station, TX Page 1 of 2 University Preserve X NM VERSITY Home RESERVE Location Map College Station, llixas Lot Prich Subdivision Plat Pr6 MVer Lot Dimensions Lot availability shown is not current. Pending sales contracts are not depic Please call for an appointment to view available lots. Lot Prices Photos of Site 1009 Lyceum Court $124,500 1009 Sanctuary Court $64,5( 1010 Lyceum Court $64,500 1010 Sanctuary Court $84,5( 1012 Lyceum Court $64,500 1011 Sanctuary Court $64,5( 1013 Lyceum Court (sold) 1012 Sanctuary Court $84,5( 1014 Lyceum Court $68,500 1013 Sanctuary Court $68,5( 1015 Lyceum Court (sold) 1014 Sanctuary Court $94,5( 1016 Lyceum Court $68,500 1015 Sanctuary Court $68,5( 1017 Lyceum Court $94,500 1016 Sanctuary Court $89,5( 1018 Lyceum Court $68,500 1017 Sanctuary Court $68,5( 1019 Lyceum Court $98,500 1018 Sanctuary Court $89,5( 1020 Lyceum Court $84,500 1019 Sanctuary Court $84,5( 1020 Sanctuary Court $98,5( Just as we are known by the friends we keep. street names characterize the neighborhood in which we live. SANCTUARY http://www.universitypreserve.com/lotpricing.asp 1/5/2004 University Preserve - College Station, TX Page 1 of 2 University Preserve r Prh Ver Subdivision Plat Home Call today to view available lots. Location Map -t I-_ Ile' Subdivision Plat ; ` tt I i k 1419 1020 1019 1020 Lot Dimensions ' - - ~ k i 1017 10181017 14,E . Lot Prices ~ ~ k k ,415 _ f 1 k 1016 f'~ 1416 1015 I i ~ Photos of Site 1014 ' 1413 1014 1413 k ~ ---T---- ' ~ II k 1 1012 , 1011 1012 TY r-_.--_ 1000 j 1414 1040 1410 ; - - - - ' t 1 t 1009 ~ ~ - - ' C4M AREA ' AREA http://www.universitypreserve.com/plat.ast) 1/5/2004 C 61 No. CRUX FINANCIAL SERVICES, INC. § IN THE DISTRICT COURT V. § JUDICIAL DISTRICT CITY OF COLLEGE STATION, TEXAS § BRAZOS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Comes now Plaintiff Crux Financial Services, Inc. ("Crux"), and in support of this, its Original Petition, would show as follows: 1. Pursuant to T.R.C.P. 109. 1, Plaintiff affirmatively pleads that T.R.C.P. 190.2, Level 3 Discovery Control Plan, will control discovery of the above-entitled case. 2. Plaintiff is a Texas corporation. 3.. Defendant The City of College Station, Texas (the "City"), is a Texas home rule city which may be served with citation by delivering same to Thomas E. Brymer, the City Manager, at 1101 Texas Avenue South, College Station, Brazos County, Texas 77840. 4. This Court has jurisdiction over this action as the amount in controversy is within in this Court's jurisdictional limits. 5. Venue is proper in Brazos County, Texas, as all, or substantially all, of the events giving rise to Plaintiff's cause of action occurred in Brazos County, Texas. Additionally, Defendant is located, and has its principal place of business in Brazos County, Texas. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page I 6. Plaintiff is the owner of approximately 11.5 acres of property located in College Station, Texas. Such property is more particularly described on Exhibit A attached hereto. This action relates to Plaintiff's attempt to develop such property. Such property is known as the University Preserve Subdivision. 7. On January 2, 2002, Plaintiff met with numerous representatives of Defendant and submitted a preliminary plat for the development of the property. This preliminary plat provided for the subdivision of the property into lots with a width of less than 113'. 8. Defendant refused to accept Plaintiff's preliminary plat of the subject property. Defendant informed Plaintiff at that meeting and in subsequent written communications that there was a moratorium in place which prevented Plaintiff from developing the property with lots less than 113' in width. 9. In truth, there was no such moratorium in place and Defendant intentionally misled Plaintiff with regard to the status of the city's requirements which existed as of January 2, 2002, for the development of the property. In actuality, as of January 2, 2002, the City's development ordinances only required that residential lots be at least 50 feet in width. 10. Following the January 2, 2002 meeting with Plaintiff, and in order to prevent Plaintiff from developing the property as detailed in the preliminary plat with lots less than 113' in width, Defendant, on January 24, 2002, adopted an ordinance which purported to amend Section 18 of Chapter 9 Subdivision, of the Code of Ordinances of the City of College Station, Texas, relating to the platting and replatting within older residential subdivisions. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 2 11. Defendant now contends that pursuant to the terms of the ordinance referred to above, Plaintiff cannot develop the property unless the lots are at least 113' in width. 12. At the time Defendant adopted the ordinance which requires the larger lot sizes, Plaintiff had a vested right, pursuant to TEXAS LOCAL GOVERNMENT CODE § 245.002, in the right to develop the subject property pursuant to the rules and regulations which were in place on January 2, 2002, when Plaintiff presented its initial preliminary plat to Defendant. 13. If Plaintiff is required to comply with the ordinance adopted by Defendant on January 24, 2002, Plaintiff will be deprived of 12 additional lots which it could utilize for additional development within the subdivision. 14. After January 24, 2002, Plaintiff submitted a plat to Defendant in furtherance of his attempted development of the property in compliance with the preliminary plat which he submitted to Defendant on January 2, 2002. 15. Defendant refused to approve the subject plat but instead, indicated that Plaintiff was required to comply with the ordinance which was adopted on January 24, 2002. 16. Defendant's adoption of the ordinance constitutes a taking of Plaintiff's property. As a direct and proximate result of Defendant's taking, Plaintiff has been damaged in an amount of at least $700,000. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 3 REQUEST FOR DISCLOSURE 17. Pursuant to TEX. R. CIV. P. 194, you are requested to disclose, within 30 days of service of this request, the information or material described in Rule 194.2(a)-(k). Wherefore, Plaintiff prays that Defendant be cited to appear and answer herein, that on final trial hereof Plaintiff recover damages against Defendant in an amount within this Court's minimum jurisdictional limits, plus an order requiring Defendant to approve the plat which was submitted to Defendant on January 2, 2002, plus prejudgment and postjudgment interest, cost of court, and such other and further relief as to which it may show itself justly entitled to receive. Respectfully submitted, LARRY L. FOWLER, JR. 07321900 SHANNON, GRACEY, RATLIFF & MILLER, LLP 1000 Ballpark Way, Suite 300 Arlington, Texas 76011 (817) 795-4866 (817) 795-4864 (FAQ M:\fowlel\DEASON,SWrrZER_COllege Sta[ion\P1mdings\P0P.wpd PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 4 A G)Cl)NZN cn3 ZK r Z-~wmm -~*Z Z 0 O 2@ C~ C TO @ -n CO) N Z < o Z o Z 0 Z Z N (A (A y' W W NNOf/~ZwDD wNNp0ZmDD N ° t W N O W W N< v " T- N W W C" < 0 0 C = ~ ~ B + C4 O ( AN B cn cn "5 - 2 O cn 9 O '6 3 315 U-0 'd 3 3'6 CD -0 =~-0 =r a -1 yc r- Z N _ (o M CD c rn o 0 cn 3 CO) O N W m CD N)-4-4 W ~Ocob, V r0 0 YI -P6 K3 rn OD (A W N cOD A 0) CA CA) 0) O 0) A O (wT co co co 5~ - Z dl , c Qp v K) CO) O O v (O OD (O (O W N Z ~ 0 0 0 80, o 0 0 o N M O N ° C,) c 70 o--n co 00 - c0 N A -4 W O -A. OD N A -I O N CO N 0O0 m O O A co O W CnONAN~ O W NCO CO LVI W M O A O -I N -~pN O W A00 W -4NvOO) (n O ~v-0 = y co) CD 0) K) ~V , CA) I z r Z 0 0 0 0 0 0 0 CO N co co N ! N of O N A W 00 N N V + OD tp ~1 c~ i1 w .A V p N Co O to 00 O v ji O tt m W N N co CO r Cn N V W W W ii w O cp 0p A r DO m co 0o N (o .p ~ Z a\0 0 \0 0 0 PLANNING AND ZONING COMMISSION COUNCIL LIAISON STAFF LIAISON ROTATING ,JANEKEE Richard L. Floyd 4758 Stonebriar Circle 690-3050 (H) Chairman - 1 Year College Station, Texas 77845 862-4440 (W) 6/2003 rick-floyd(i~tamu.edu 862-7778 (F) Kyle Hawthorne 3201 Caterina 693-2816 (H) 8/2003 College Station, TX 77845 268-4343 (W) khawthorne@bruchez.com Ronald Kaiser *PUBLIC INFORMATION WITHHELD 6/2003 Wallis McMa.th 9302 Lake Forest Ct. 693-4833 (H) 6/2003 College Station, Texas 77845 361-6538 (W) mcmathe,fabtexas.com 361-6305 (F) Phil Trapani 5012 Augusta Circle 690-8771 (H) 6/2003 College Station, Texas 77845 229-4800 (C) trapani717(@,aol.com 690-8485 (F) /Message *John Happ *PUBLIC INFORMATION WITHHELD 6/2002 *Carolyn Williams *PUBLIC INFORMATION WITHHELD 6/2002 *In compliance with Chapter 552, Government Code (Public Information Act), information related to a board member/commissioner/committee member's home address, home telephone number, and e-mail address shall be made available to the public, unless the board member/commissioner/committee member signs a Public Information Act form stating that the information is not to be released. Shazlett/P&Z Members 8101. doc Revised 8128101 sh ° 00)>zD (nom z~ r co co T -+,Z -wZ Z @ ai -nM p 2 p T Z H Z < o Z C@ p Z C 0 Z n O Z N N N y' W v W to j0(nZw>> W NNOCOZ00>> N 0 t T N 0 W W o f< 0 + co N O co W < v 0 C O CJt = Cf) O U1~. O -0 CD _0 3 3 CD Z =''D "a =r o- ~ -o v a -I D r =T C Z N _ co rn ~ rn CD c 0 0 V) 'a m N 3 n Z O co cn W N co Q 0)- cn -W+ cn O 0)-N O CA co co co 5 -4 j 2 S_, v N N N N W N N F) I Oo c CO _ W CO co W N N r-f ` , 0-0 0-0 rn O N v W~ C J 1 ro CO) _ O -0 co) W V~' /A~ co N A -4 W CA ? 00 N A -I O N CO N 00 m 0O T V+ O .01 co C) ~OCh0N J6 N~0 W W--►W NNN W O -p- O -I N W N O W O W v N CA O N O v c 'o N OO~NN -~cfl j NC r Z 0 OR 0 o 0 0 0 0 CO "a N CO 6 CO) O v N N C► O N E W CO N N N- Oo 'T1 V-k O N 00 O c, 00 00 v A O b1 Zi co W A. W V N co y r 00 c yl V W W W A W O tO 00 ~a v Op m "l N !7t .a m CO 00 N c° ra p) Z C?~ O O 1 o m ' Q N RECORDING PAID POa BY: UTC 9705W.HAZEN t:(PDW) of n 628443 k ? "•'T 14 6294:9 PM 33: 08 r "REFILED TO CORRECT * ( METES & SOUNDS OF A974PR LEGAL DESCRIPTION ; 23 C O R R E C T I O N WARRANTY DEED WITH N nousc •'a~*~' ~ STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT: lil t i COUNTY OF BRAZOS p j 'I aaj~ CI i EDWARD E. HAZEN, JR. and RUTH B. HAZEN, husband and wife, of the County of I' Brazos. State of Texas, GRANTORS, for and in consideration of the sum of TEN DOLLARS ~l, I l ($10.00) and other good and valuable considerations, paid and secured to be paid by JANET fi', I{ DABNEY BOWMAN and BANNIE ROY BOWMAN, whose address is 1205 - A Munson Ave Colleee Station. TX 77840 , GRANTEES, as follows: FIRST: The sum of TEN DOLLARS ($10.00) and other good and valuable consideration, ' CASH, in hand paid, the receipt and sufficiency of which is hereby acknowledged. I'. SECOND: NINETY SIX THOUSAND AND 00/100 Dollars ($96,000.00) CASH in hand paid, ,however, said sum is paid to Grantors by MCAFEE MORTGAGE & INVESTMENT COMPANY, hereinafter called Mongagee, at the request of Grantees and the receipt of same from said Mortgagee is hereby acknowledged, and at the request of the Grantees herein, the Grantors retain a Vendor's Lien to secure Mortgagee in the repayment of the following described note: I' I'. A note in the principal sum of NINETY SIX THOUSAND AND 00/100 Dollars n S ($96,000.00) payable to the order of Mongagee, said note being of even date herewith executed by Grantees hereof and payable with interest at the rate of eight and one-fourth I , (8.25%) percent per annum in equal monthly installments of 6721.22 each, principal and interest, with the first j , installment being due and payable on or before the Ist day of June, 1997, continuing regularly and at the same intervals thereafter until all sums of principal and interest have been fully paid, said note providing for the payment of attorney's fees in the event of default and also providing for accelerated maturity as set out therein. E ' And the Grantors herein transfer, assign, sell, and convey to said Mortgagee the Vendor's Lien as well as the superior title retained herein and all the equities, rights, claims or privileges which Grantors have or may have by reason of said Vendor's Lien. The above described note '°9' -M~nyr G,.d rifA V.wdor'. Lin Vol, - { ~ lip is additionally secured by a Deed of Trust of even date herewith executed by the Grantees herein to Carl W. Odom, Trustee, for the benefit of Mortgagee. HAVE GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto the said JANET DABNEY BOWMAN and BANNIE ROY BOWMAN, all of the following described real property, together with all of Grantors' improvements thereon, y to-wit: SEE ATTACHED EXHIBIT "A" A!! t! at cc, tai i let. beet ai pareel eF land lying and being skumed in ihe Rieh-ord Brazos County, Texas, in Woodland Estates Addition, an addition to the City of College S n, Texas, according to plat of said addition recorded in Volume 108, Page 221, Deed cords, Brazos County, Texas, and being a part of the ten (10) acre tract of land convey y College Hills Company to R. H. Mitchell, by.decd dated October 14, 1941, rccordcd in V me 108, Page 5, Deed Records, Brazos County, Texas, and being more particularly descri d as follows: BEGINNING at an iron in the northeast line of Munson Avenue at t most westerly corner of Lot 13 of the Woodland Estates Addition to the City of Colleeaniron e ation, Texas; THENCE in a northeasterly direction and alonLot 12 and Lot 13 of the said Woodland Estates Addition a distance of 150.0 for the most northerly comer of this tract; THENCE in a southeasterly direction, pe tween the said Lou 12 and 13 and through said Lot 13, a distance of ).0 ffor the most easterly corner of this tract: THENCE in a southwesterl irection, parallel to and 160 feet from the line between said Lots 12 and 13, a distance of .0 feet to an iron rod in the northeast line of Munson Avenue for the most southerly come f this tract; THENCE alo the nonhcast line of Munson Avenue in a northwesterly direction a distance of 4.2 feet to iron rod at an angle point in said line; CE continuing along the northeast line of Munson Avenue a distance of 156.3 feet to the This conveyance is made subject to the following restrictions and exceptions: 1. Restrictions recorded in Volume 108, page 217. Volume 201, page 237. Volume 258, page 102. Volume 260, Page 445, and Volume 232, Page 161 of the Deed Records of Brazos County, Texas. 2. Easements as shown on plat recorded in Volume 108, Page 223 of the Deed Records of Brazos County, Texas. 3. Building Lines as set out in restrictions recorded in Volume 108, Page 217, . I Volume 258, Page 102, Volume 260, Page 445, and Volume 232, Page 161 of the Deed Records of Brazos County, Texas. 4. Easement dated November 19, 1963, executed by Charles Pinnell, et ux to John --'M. Skrivanek, et ux, and recorded in Volume 232, Page 161 of the Deed Records of Brazos County, Texas. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, their heirs and Vol 28:3~ Vol. ' . Fk ' assigns, forever, and Grantors do hereby bind themselves, their heirs and assigns, to WARRANT ~T AND FOREVER DEFEND all and singular the said premises unto the said Grantees, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part i thereof, subject, however, to the exceptions and encumbrances hercinabove set forth. xr But it is expressly agreed and stipulated that the Vendor's Lien, as well as the Superior t Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid <j>~s according to the face, tenor, effect and reading thereof, when this Deed shad become absolute. S:A *t Ad valorem taxes for the current year have been prorated as of the date of delivery of this deed, and the Grantees by their acceptance hereof covenant and agree to pay all ad valorem taxes upon the property from and including taxes for the year 1997. WITNESS our hands this the !!X I day of April, 1997. ,V. WARD E. HAZEN, JR. 4, - (SJ R B. HAZE STATE OF TEXAS { COUNTY OF BRAZOS F This instrument was acknowledged before me on the Fn t,, EDWARD E. HAZEN, JR. and RUTH B. HAZEN, husband and day of April, 1997 by wife. ~ I My commission expires: z. =SIAIY MANN ,T_ No tary blic State of Texas u1St{!1 Notary' Name Printed' ii f:~ • - - is - ~ I F~ Vo. ~L r 225 :;fit it y. :-N vt:kI i ~ I METES AND BOUNDS DESCRIPTION OF A 0.567 ACRE TRACT PORTION OF LOT 13 WOODLAND ESTATES ADDITION RICHARD CARTER LEAGUE, A-8 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BO ~ - UNDS DESCRIPTION OF ALL THAT CERTAIN AND, A LL ALYING AND BEING SITUATED IN TACT OR PARCEL OF CT No. 8, COLLEGE STATION, B RTHE RICHARD CARTER LEAGUE, ALSO BEING TRACT TO THE A PORTION OF LOT 13, WOODLAND ESTATES TEAS. PLAT ADDITION ACCORDING BRAZOS RECORDED IN VOLUME 108, PAGE 22 COUNTY, TEXAS SAID TRACT ! OF THE DEED SAID RECORDS OF DESCRIBED BY A RELEASE OF LIEN TO EDW So BEING THE SAME `lt B. HAZEN, RECORDED IN VOLUME 131, PAGE 6 0 O TI{E HAZEN, JR. TRACT AS 13RAZOS COUNTY, TEXAS. RELEASAND WIFE E ''RUTH f RECORDS OF SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY AS FOLLOWS: METES AND BOUNDS BEGINNING: AT A'/, INCH IRON ROD FOUND LOT 12 AND LOT 13 a I SAID WOODLAND MAND CORNER H CALLED 0.655 ACRE TRACT AS DESCRIBED BY A DEED TO OLIVER AND WIFE, MARIE DAWN ~ OF THE DEED RECORDS OF BABERTH, RECORDED W VOLUME 286, LYING ON THE NORTHEAST R1G~~FS W COUNTY TEXAS, SAID IRON RODGALS0 F AY LINE OF IMUNSON AVE` NU E; THENCE: N40' W IS- E FOR A DISTAN ALONG THE COMMON LINE OF S CE OF 150.03 FEET-TO V SAID LOT 12 NEST CORNER INCH AND OF A TRACT AS DESCRIBED BY ROD FOUND ,MARKING T AND WIFE, ANNETTE JANE CASEY. AN INDENTURE TO DEED OF TRUST RECD RECORDED IN VOLUME 114, PAGE E 9 O THE RDS OF BRAZOS COUNTY, TEXAS; THENCE: S 49° 48' 45" E ALONG THE SOUTHWEST LINE OF SAID FOR A DISTANCE OF 160.00 CASEY TRACT SOUTH FEET TO q *5/e INCH IRON ROD SE CORNER OF SAID SOUTHWEST LINE S THE REMAINDER TRACT' SAID IRON ROD LYING T 1~~~G THE W' CHARLES PINNgLL ANp WIFE INTERIOR MAfNDER OF LOT 13 qS DE ED B A DEED TO PIhlNELL, SCRIBED PAGE 465 OF THE DEED ' MINE W. RECORDS OF B IN VOL UME 22 A ! ROD RHOS COUNTY TEJWS FOR REFERENCE TO A eINCH IRON OF A FOOT; FOUND BENT BEARS: -N-37'-{ 2.54" 1V F_ C - FOR A DISTANCE OF 04 )NCH IRON ROD SET-ON THENORTHEAST RIGHT-_OF-WAY LINE ry SOUTH FERENCE A I INCH IRON PIPE FOUND'G SAID CORNER OF SAID LOT 13 BEARS: S ? FEET; 3 40'33- E FOR A DISTANCE OF 5THE 1-62 THENCE: N 23 40'33 " W FORA DISTANCE 4.36 FEET SAID RIGHT-OF-WAY LINE OF POINT; ET TO A /e INCH IRON ROD SET MUNSON AVENUE k IWG.AN ANGLE THENCE: N 46. 48'29- W CO ! DISTAN NTMUING ALONG SAID RIGHT- ? CE OF 156.30 FEET TO THE INT OF ALONG OF-WAY L i ACRE OF 11`fE FOR A ORIENTATION IS BASED DON THE G- CGNT~NG 0.567 OF AN ' COLLEGE STATION pED IO ON GRID NORTH F 1997 BEARING AS UND ESTABLISHED FROM ROM THE PLAT PREP NUMENTS. FOR MORE DETAILED INFO CITY OF 'QED APRIL, 1997. INFORMATION, SEE BRAD KERR REGISTERED P 2-0 { ROFESSIONAL y. • • ;F+ LAND SURVEYOR No. 4502 fMl~fl PWO M.~8197. 29R D KERR E_ ~ A 03/15/02 1152 V979 764 3496 DEVELOPMENT SVCS to 001 $ ACTIVITY REPORT ax"~ TRANSMISSION OK T1/RY NO. 1603 CONNECTION TEL 9P8468914 CONNECTION ID START TIME 03/15 11:50 USAGE TIME 01'57 PAGES 6 RESULT OK 03/15/02 11:43 %Y979 764 3496 DEVELOPMENT SVCS Lo 001 L Y(D ACTIVITY REPORT TRANSMISSION OK TX/RX NO. 1600 CONNECTION TEL 547809975PPPP170 CONNECTION ID START TIME 03/15 11:39 USAGE TIME 04'03 PAGES 6 RESULT OK Susan Hazlett - Switzer Deason Preliminary Plat Page 1 From: BobJones <BobJones c@jonescarter.com> To: pubrequest@ci.college-station.tx.us'" <pubrequest@ci.college-station.tx.us> Date: 3/17/02 9:44PM Subject: Switzer Deason Preliminary Plat In connection with the preliminary plat that Mr. Switzer Deason submitted for 1205,1207 and 1209 Munson Drive, please provide me with the following information, via e-mail or fax: 1. Copy of the Planning & Zoning Comm issio Agenda f r the March 21, 2002 meeting. 2. List of the members o P&Z Commis s' n, including home addresses. 3. Any backgro information bmitted in support of this preliminary plat. / I will attend the meeting and intend to speak AGAINST the plat on behalf of Ms. Millie Jones, 1212 Munson Drive. J.R. (Bob) Jones, P.E. [mailto:bobjones@jonescarter.com] Jones & Carter, Inc. Consulting Engineers.' , 6335 Gulfton Houston, TX 77081 Phone: (713) 777-5337 Fax: (713) 777-5976 CC: JSpriggs <JSpriggsQonescarter.com> Susan Hazlett - Information Requested Page 1 From: Susan Hazlett To: bobjones@jonescarter.com Date: 3/19/02 1:48PM Subject: Information Requested Mr. Jones, Attached are the documents and information per your request. Thank you very much for your interest. Please let me know if I can be of any further assistance. <<>< Play <<>< Make Their Day <<>< Susan Hazlett Phone: (979) 764-3570 FAX: (979) 764-3496 E-mail: shaziett@ci.college-station.tx.us Be There Choose Your Attitude CC: Bridgette George; Jessica Jimmerson; Natalie Ruiz T v 5 Ul ? W I N I 1 l 0 (fl W V O Ui W N 1 'm c CL 3 aL 0 R' (D CL U) 3 v,3 nN~° Oo~~ ~rn~ no Oo~~ OoCD ( a 11. y oo o 0 ~ooOo Z v v s to `b l=1 b trl 7 "ti tr9 `roC Cr1 .-3 b Cn b 3 > v $ m ~ '0 ti7 ~ cn o Cnr1 t~i7 m m znnd yx "i viCn N a > C) > z CA N ° co tin ~x r ,~'.3t~x ~Z~ -j> 09%v Ov x Odr O n~ O n~ O z-~ z~~ z~ za z~ z a O a m bO r' r -4 00 o ° o o o c X m RCDD I N N N co o r CD y co m C\ v N W Q Cn y 3 D D w _a Q s D y G v CD N 11 e ° co 0s-mmx 3 `D O co CD m a m CD `D O CL Q ~o m 3 -4 Cb CD T). A CD El ❑ El ❑ Q N CD ° m CD ~m o`Dm3 _ w a 3C C D ID CD 3 m w - Q o _ C., w~~c tfDi~m ~a ` o M ac fD~ m G N m C tQ j w w w m n 2. 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TEXAS 76813 VOlcs: 464.780.1100 - FAIL: RS4.780.0078 - - F A C S I M I L E T R A N S M I S S I O N TO: JeBSica Jimmcrson / FAX: 979.764.3496 Bridgette George V DATE: March 16, 2002 VOICE: 979.764.3570 In my February 1 SR' letter to the members of the Planning and Zoning Commission, I indicated that I would summarize for the Development Staff and the P & Z Commission any major concerns received $om the 55 or so property owners in response to 1 he. Personal letter 1 sent them a month ago. To provide the CouuWssiorn with this teedhack, it would he greatly appreciated if you will provide the Cunurdssion Members a copy of this fax. I had a number folks call me witli questions (more out of personal intorost in where the lots are that were being re-platted); and I personally called and visited with a number of the property owners to whom my letter was sent. Ono of the more gratifying of my personal visits was with Phil and Dee Springer, who lived immediately adjacent to the lots being re-platted. 1 visited with them at their residence; and at. the outset of our discussion, there was considerable apprehension about what was to he "built next door". After reviewing the proposed Preliminary Mat and satisfactorily answering questions. their demeanor changed from upprehenslun to support. With only one exception every prupcrty owner with whom I visited voiced support for the proposed re-platting. The one exception was Bob Jones (a Houston resident, and the son of Ms. Mildred Jones, who lives at 1212 Munson). Bob Jones was supportive of the planned development, but expressed concern about the overall traffic condition on Munson (especially since Munson was re-opened). His concern was that the construction of 23 additional homes on Munson would further increase traffic flow (although marginally) - making it more difficult for his 77-year old widowed mother to back out of her driveway on to Munson. Mr. Jones asked us to consider alternative entries to the lots being rv-please], raid we aid so. After a thorough investigation of altcrtrative entries, we found no other alternative entry available. (We even tried to purchase a lot on Dominick from the Walton heirs for cut and entry to Dominick, but were unable to do so.) Bob Jones is a professional engineer who provides engineering services to developers and cities in the Houston area. He is highly knowledgeable in the area of engineering subdivisions. He was very courteous and was satisfied that we had promptly responded to his retliresl and did a credible jnh exploring other entry alternatives; but he may still voice his concern at the public hearing. Pic= fccl free to give iiw a uall, if you Lave arty questions or if I can provide any additional information prior to the March 214 P&Z Meeting Switzer Deason 575.6248 I>-'.. u) 0 47 ~L1 ~-i m O NJ 03 N O N n 41 v m c 'm ~m o tiofco W xo 2 ° ro ~Lnk (D n :9 t3l HtrorJrl(mny to H~ >ZZdv: ao r fn How m z~ =r Z H Z x1 0pa tt]H m N< HlTJH C1~H wO- O o >x ~m z r c O > M X >44 to rT r v G 0(N to .r m o to m J D m Q C Go Q I M 2 ~3 p .9, o" to Dv O~f/1 D C) 0 IPmw m >m ~ a 1 H OD m m cn m N Q D oD~ m m a. Unarm ~ap W o F' m N ~-I o w rm - x g x o y ~m m w " ~ m W 0 01 r E W O tQ In to v O m oo -n ty NtnrC p in too m C (J C & N W O LiJ d m O P O y to 00 m 7 7 -a -0 In AI n CKMM m~ 0 pq-0 ..z==W r m a (n O H ~ r ~ V). I I vj- I N w OD J r 0 m W W Q' _ w w 0 0 0 o H O I I I I I I {/f N -0 Fl c. N to J ~i OD O J i 0 CD CD ~ u~ x 0 0 N ; Dio Xe OD I 1 I I I ON s 0 N Co = O w m to O r ~ IA W7 r o r 0 0 0 z > _ I I I I I 1 i/} C O~ co r m m w o w m co 0 ro r ® A IOU r O r a Y (p O O O iYD~ o rn r The City of -ii o~ `I C olle a Station, Texas g Embracing the Past, Exploring the Future. P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764-3500 www.ci.college-station.tx.us March 4, 2002 TO WHOM IT MAY CONCERN: Re: Consideration of a PRELIMINARY PLAT for 1205, 1207, AND 1209 MUNSON in the Woodland Estates Subdivision. NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a PRELIMINARY PLAT for the following property: Applicant: SWITZER DEASON Subject Property 1205, 1207, AND 1209 MUNSON (See attached location map.) Proposed Use: RESIDENTIAL The Planning and Zoning Commission will hold a public hearing on Thursday, MARCH 21, 2002 at 7:00 p.m. to consider the request. The public hearing will be held in the City Hall Council Room located at 1101 Texas Avenue South, 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) 764-3547 or (TDD) 1-800-735- 2989. For additional information, contact the City Planning Office, (979) 764-3570. SPENCER THOMPSON Graduate Civil Engineer Home of Texas A&M University M Local Government Code - CHAPTER 212 Page 11, 12 of 22 § 212.015. Additional Requirements for Certain Replats (a) In addition to compliance with Section 212.014, a replat without vacation of the preceding plat must conform to the requirements of this section if (1) during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or (2) any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot. (b) Notice of the hearing required under Section 212.014 shall be given before the 150' day before the date of the hearing by: (1) publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and (2) by written notice, with a copy of Subsection (c) attached, forwarded by the municipal authority responsible for approving plats to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality. (c) If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. (d) In computing the percentage of land area under Subsection (c), the area of streets and alleys shall be included. (e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. Acts 1987, 7e Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71" Leg., ch. 345, 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73`d Leg., ch. 1046, § 3, eft: Aug. 30, 1993. 02-40 PP 02-40 PP 02-40 PP MARTIN, MARTIN B MCADA-YOUNG, JUDY A MIKEAL, ORAN D & JANET F 4103 S TEXAS AVE STE 108 408 W MAIN ST 1011 DOMINIK DR BRYAN, TX 77802-4040 KENEDY, TX 78119-2706 COLLEGE STATION, TX 77840-3613 02-40 PP 02-40 PP 02-40 PP MORRIS, EARL L DR MURPHREY, CLARENCE J & MURPHREY, MONTY LANGSTON 1216 WESTOVER ST BETTYE A 1015 FRANCIS DR COLLEGE STATION, TX 77840-2617 1015 FRANCIS DR COLLEGE STATION, TX 77840-2314 COLLEGE STATION, TX 77840-2 3 1 4 02-40 PP 02110 PP 02-40 PP MYERS, JULIA E PHILLIPS NICKLES, ROSALIE F & OBERG, CLYDE C & ROBIN LEE 700 E 24TH ST DANIEL H HARRISON JR 1203 MUNSON AVE BRYAN, TX 77803-4010 1101 DOMINIK DR COLLEGE STATION, TX 77840-2522 COLLEGE STATION, TX 77840-3615 0240 PP 02-40 PP 0240 PP PEDDICORD, KENNETH LEE ETU PINNELL, CHARLES R8F2 INC 1201 MUNSON AVE 1205 MUNSON AVE DBA FRONT PORCH PROPERTIES COLLEGE STATION, TX 77840-2522 COLLEGE STATION, TX 77840-2522 410 TEXAS AVE S # 110 COLLEGE STATION, TX 778401724 02-40 PP 0240 PP 02-40 PP RICHARDS, JOHN R SANDERS, R LUTHER SPRINGER, PHILIP D 1210 MUNSON AVE REVOCABLE LIVING TRUST 1203B MUNSON AVE COLLEGE STATION, TX 77840-2523 1201 WESTOVER ST COLLEGE STATION, TX 77840-2522 COLLEGE STATION, TX 77840-2616 02-40 PP 02-40 PP 02-40 PP STERLING, WANDA L TAMPLIN, JUSTIN & DORA L UPHAM, JACK W 1211 WESTOVER ST 1202 WESTOVER ST 1209 MUNSON AVE COLLEGE STATION, TX 77840-2616 COLLEGE STATION, TX 77840-2617 COLLEGE STATION, TX 77840-2522 02-40 PP 0240 PP 02-40 PP VANOYE-TREVINO, RAMIRO & RUTH WAGGONER FAMILY TRUST WALTON, T O JR 1001 DOMINIK DR CARROLL & DAISY WAGGONER PO BOX 9861 COLLEGE STATION, TX 77840-3613 TRUSTEES COLLEGE STATION, TX _ 77842-7861 1209 WESTOVER ST COLLEGE STATION, TX 77840-2616 0240 PP 02-40 PP 0240 PP WALTON, THOMAS H & WIKSE, STEVEN E & MARY L J. Dale Browne, Jr., P.E. MARY LU WALTON EPPS 1203C MUNSON AVE 2720 ADRIENNE CIR COLLEGE STATION, TX 77840-2522 Ash & Browne Engineering, Inc. COLLEGE STATION, TX 77845-5321 P.O. Box 10838 College Station, TX 77842 ,2-40 PP :rux Financial Services 02 Arrowhead Point Rd. Wton, TX 76513 0240 PP 02-40 PP 0240 PP ABBOTT, ELTON D JR ABERTH, OLIVER ADKINSON, J HOWARD & MARILYN 1208 MUNSON AVE 1203A MUNSON AVE 1204 WESTOVER ST COLLEGE STATION, TX 77840-2523 COLLEGE STATION, TX 77840-2522 COLLEGE STATION, TX 77840-2617 02-40 PP 02-40 PP 02-40 PP ASH, MICHAEL J BARBEE, DANIEL G BARRETT, JOSEPH 1122 WESTOVER ST 1809 BEE CREEK DR 1213 WESTOVER ST COLLEGE STATION, TX 77840-2615 COLLEGE STATION, TX 77840-4966 COLLEGE STATION, TX 77840-2616 0240 PP 02-40 PP 0240 PP BEAVER, JOHN M MRS BOADU, FREDERICK O & LONGHOPE BOWMAN, JANET DABNEY & (MARY BERTELLE BEAVER) 1207 MUNSON AVE BANNIE ROY 1120 WESTOVER ST COLLEGE STATION, TX 77840-2522 1205A MUNSON AVE COLLEGE STATION, TX 77840-2615 COLLEGE STATION, TX 77840-2522 02-40 PP 02-40 PP 02-40 PP BUCK, GAIL E CASEY, ALBERT COLEMAN, MYLES & OLGA A 1207 WESTOVER ST 1205 MUNSON B 381 MAY AVE COLLEGE STATION, TX 77840-2616 COLLEGE STATION, TX 77840 GLEN ELLYN, IL 60137-5264 02-40 PP 02-40 PP 02-40 PP CONTRERAS, CARLOS & SUSIE COX, ELENOR R CRONAUER, SCOTT F 1708 WILSON ST 906 GILCHRIST AVE 1208 WESTOVER ST BRYAN, TX 77803-5060 COLLEGE STATION, TX 77840-2513 COLLEGE STATION, TX 77840-2617 02-40 PP 02-40 PP 02-40 PP DUFFEY, JERRY CLARK EDWARDS, GRANVILLE D & LAVON FIFER DANIELLE L 1200 WESTOVER ST 1523 ANVIL DR 1214 MUNSON AVE COLLEGE STATION, TX 77840-2617 HOUSTON, TX 77090-2113 COLLEGE STATION, TX 77840-2523 02-40 PP 02-40 PP 02-40 PP FLEEGER, RUTH K FONTANA, JOSEPH GRAY, WILLIAM D 1212 WESTOVER ST 1216 MUNSON AVE 1218 MUNSON COLLEGE STATION, TX 77840-2617 COLLEGE STATION, TX 77840-2523 COLLEGE STATION, TX 77840 02-40 PP 0240 PP 02-40 PP HANSON, BRIAN ROLAND MGGINROTHAM, FRANKLIN STANLEY HOLLEMAN, THEO R 1215 WESTOVER ST 100 SAFARI CIR 201 TIMBER ST COLLEGE STATION, TX 77840-2616 CARENCRO, LA 70520-5257 COLLEGE STATION, TX 77840-3159 02-40 PP 02-40 PP 02-40 PP JONES, MILDRED F JONES, SARA GOODE JUSTUS, DENNIS E & CARLA J 1212 MUNSON AVE 2803 ARROYO CT N 22718 SPATSWOOD LN COLLEGE STATION, TX 77840-2523 COLLEGE STATION, TX 77845-7704 KATY, TX 77449-5402 0240 PP 0240 PP 02-40 PP LAWSON, PETER D MARDEN, JAMIE REBECCA & MARTI, WILLIS F & PATRICIA D 1003 DOMINIK DR STEPHEN W & CYNTHIA L MARDEN 1103 DOMINIK DR COLLEGE STATION, TX 77840-3613 1210 WESTOVER ST COLLEGE STATION, TX 77840-3615 COLLEGE STATION, TX 77840-2617 `4, The City of `J College Station, Texas Embracing the Past, Exploring the Future. P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 (979) 764-3500 www.ci.college-station.tx.us April 19, 2002 Mr. Joe Blaschke, P.E. President, Transportation Engineering Analysts 1008 Woodcreek Drive College Station, TX 77845 Mr. Blaschke: Average daily and peak hour traffic counts were conducted on Munson Avenue for a two-day period during the week of April 15, 2002. Two locations were counted: north of Francis Drive and south of Francis Drive. The following is a summary of these counts: Location Average Daily Traffic Peak Hour Peak Hour Volume (v d) (v h) North of Francis 4,660 5:00-6:00 pm 460 South of Francis 4,370 5:00-6:00 pm 426 If you should have questions regarding this data, feel free to contact me at 764-3838 or through e-mail at dpichagci.college-station.tx.us. Sincerely, Dale L. Picha, P.E. r, Traffic Engineer • City of College Station X55 v ~'EIygE . cc: Mark Smith, P.E., Public Works Director Kelly Templin, AICP, Development Services Director Ken Fogle, Transportation Planner Home of Texas A&M University 7rawportation evineering Aaly-4b Joseph D. Blaschke, D. Eng., RE, President 1008 Woodcreek Drive, College Station, Texas 77845 • 9791693-5800 • fax: 979/693-5870 e-mail: tea I@tca.net April 23, 2002 The City of College Station Post-it' Fax Note 7671 Date n paof 'e? ATTN: Mr. Kelly E. Templin, To . From ' Director of Develo Pm Co./Dept. Co. P. Q. Box 9960 Phone # Phone # College Station, Texas 77842 Fax # Fax RE: 72ra f• x Impact Assessi Redevelopment of Lots Along Munson Avenue Dear Mr. Templin: #of You have made me awe Date pa ges► Avenue in College Station ne; Post-it® Fax Note 7671 i Z inson From ►osed redevelopment would result in an, To P Co. ~5~ xess to those lots would be from Mun, Co./Dept. Phone #.3 " how this proposed redevelopment wt phone # Fax # This correspondence has been prepare( Fax # We are certainly aware of t..., . ~,.j,t nistory of Munson Avenue which included a period of time during which the street was closed to through traffic, and various traffic calming techniques were implemented. These modifications were in response to residents who were concerned about vehicular traffic using Munson as a "through" street. Because Munson Avenue links Lincoln Avenue with Harvey Road, it will function always to some degree as a collector street and will accommodate some through traffic. Traffic volumes on Munson Avenue had reached volumes of close to 7,000 vehicles per day in 1990. This relatively high amount of vehicular traffic likely was due to several conditions, including construction on Texas Avenue and the presence of the Blinn College Campus on Harvey Road. Since that date, Texas Avenue is open and has six travel lanes, the Blinn Campus has moved to Bryan, and the various traffic calming techniques have proven successful. Current traffic volumes, recently counted by Dale Picha, the city traffic engineer, are about 4,700 vehicles per day. This traffic volume is more consistent with a large neighborhood collector street. If the redevelopment is allowed to take place and all lots are developed and occupied, one would expect additional traffic to be generated. Current generation rates for single-unit residential Specializing in: Traffic Engineering Roadway Design Accident Analysis Kelly E. Templin April 23, 2002 Page 2 developments are 8 to 10 vehicle trips per day. (A vehicle trip is defined as a vehicle either leaving the development or arriving at the development.) Hence, the additional 23 lots, when fully developed, would generate about 230 additional vehicle trips on Munson Avenue. Developments such as office complexes generate traffic volumes that have high-volume "peaks" during the morning- and evening-peak periods. Such "peak" generations create more impact on the street system than developments (such as residential homes) that spread its generated traffic throughout the day. Hence, the additional 230 vehicle trips per day that would be expected from the redevelopment would be spread throughout the day and would have very little impact on Munson Avenue. The amount of additional traffic likely would not be noticeable. From a traffic engineering perspective, the proposed redevelopment along Munson Avenue will not generate sufficient additional traffic to either create traffic congestion or cause a concern to public safety. In addition, no modifications to Munson Avenue would be necessary to accommodate the increased traffic volume. Please contact me if you have any questions. Res ectfully submitted, Joseph D. Blaschke, :D.Eng., P.E. President JDB/sb xc: Dale L. 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C Y OFF 8TIlT10N 00 Ballpark Way, Suite 300 Arlington, Texas 76011 (817)795-4866 Telecopier (817)795-4864 Larry L. Fowler (fowler@shannongracey.com (817) 299-2841 14623-1 September 12, 2003 VIA FEDERAL EXPRESS Mr. Tom Brymer City Manager - City of College Station, Texas P. 0. Box 9960 1101 Texas Avenue College Station, TX 77842-9960 Re: Crux Financial Services, Inc. Proposed Development of Approximately 14 Acres on Property Located in College Station, Texas - University Preserve Subdivision Dear Mr. Brymer: This office represents Crux Financial Services, Inc. ("Crux"). I am contacting you regarding various efforts Crux has made with regard to development of certain real property it owns in College Station, Texas. The principal of Crux is Switzer L. Deason. Mr. Deason is the individual who has been in contact with the City regarding this issue. The central issue with regard to the property is that Crux desires to plat and develop the property with lots which have a minimum lot width less than the City contends is allowed by its current zoning ordinances. Specifically, the ordinance in question was adopted by the City Council on January 24, 2002. The ordinance purports to amend Section 18 of Chapter 9, Subdivisions, of the Code of Ordinances of the City of College Station, Texas, related to the platting and replatting within older residential subdivisions. Based upon our review, it appears this ordinance is merely a codification of a moratorium ordinance which the City passed and renewed over several years, effectively preventing any development of certain areas of College Station. A copy of the moratorium and the ordinance is enclosed for your information. The purpose of this letter is to request that the City approve the replat Crux has previously submitted to the City for this property. The replat as submitted, provided for minimum lot widths of 65 feet. The average width of all lots in the proposed replat of the subdivision is Mr. Tom Brymer City Manager - City of College Station, Texas September 12, 2003 Page 2 79 feet, and the area of each lot is greater than the 8,500 square feet required by the City's current Ordinance. The City has indicated that it will not approve a plat unless the lot widths are at least 113 feet. The City's requirement of 113 feet minimum frontage results in a plat with twelve less lots than the plat requested by Crux. It is our belief that the City has no discretion with regard to the approval of Crux's plat. The plat Crux has submitted to the City complies with all applicable ordinances which were in effect at the time Crux began the development process of the subject property. The current ordinance was not in place when Crux began its development process. Moreover, it is our belief that even if the ordinance had been adopted by the City when Crux began its development process, such ordinance is unenforceable. With regard to the first issue, I am sure you are aware that TEXAS LOCAL GOVERNMENT CODE § 245.002 provides that a person, such as Crux, is entitled to complete the development of property pursuant to the laws in place when it began the development process. In the present instance, the City adopted a series of moratoriums beginning in the year 2000 which were subsequently renewed several times, but the last of which expired on January 1, 2002. The ordinance which formerly amended the subdivision rules of the City of College Station and which essentially adopted the text of the moratorium, was not adopted by the City until January 24, 2002. Accordingly, between January 1, 2002 and January 24, 2002, there was no moratorium in place and no ordinance had been adopted which would have required the minimum lot frontage the City currently contends is in place. On January 2, 2002, Crux met with the City and submitted its initial plat for the subject subdivision, which included lots less than 113 feet in width. A copy of such submittal is enclosed for your review. At the meeting on January 2, 2002, the City informed Crux that the moratorium was still in place and that it would not approve the subdivision plat because the frontage did not meet the City's requirements. I would point out that the City's representation that the moratorium was still in place was false and in fact, the plat which was submitted by Crux to the City complied with all applicable zoning and subdivision ordinances which were in place on January 2, 2002. In view of the fact that Crux submitted formal drawings and the subdivision plat to the City at a time when neither the moratorium nor the ordinance were in place, Crux is entitled to develop the property pursuant to the rules which were actually in place on January 2, 2002. The subdivision replat which has been submitted to the City, and which the City has rejected, complies with those rules. Next, even if Crux had not submitted the plat application to the City until after the ordinance was adopted on January 24, 2002, it is the belief and position of Crux that the ordinance is unconstitutionally vague and is not enforceable. In particular, I would invite you to look at the Mr. Tom Brymer City Manager - City of College Station, Texas September 12, 2003 Page 3 ordinance and attempt to determine from the face of the ordinance how the minimum lot width on any proposed development is to be calculated. It appears the ordinance contemplates that the minimum lot width will be based upon the average width of lots on some unknown city block of property. At no place in the ordinance does it specifically set forth where this unknown "block" of property is located so a third party could look at the ordinance and determine what lot width is being required under the ordinance. In fact, when Crux spoke to City staff regarding the plat requirements, City staff indicated it is the one who determines what the width of the lots will be. City staff apparently had some criteria, known only to it, that it utilizes in determining what "block" should be looked at to determine what the width lot size should be, and then such staff uses some formula known only to it, to apply this formula to the contemplated subdivision to arrive at a minimum lot width. There is absolutely no way that a third party can look at the City's ordinance and know what "block" of property provides the base line for establishing the lot width. An ordinance must be clear on its face in order to be enforceable. The present ordinance is a lot of things, but clear on its face is not one of them. For these reasons, we would submit that the ordinance is not enforceable as written. Crux would like to resolve this issue on a friendly basis. The development of the property will be an extremely first rate development, and when the development is through, I sincerely doubt there will be any complaints from anyone about the size of the lots, the size of the homes constructed on it, or the quality of the development. However, the City's unlawful attempt to enforce the ordinance would deprive Crux of 12 additional lots which it could utilize for development. This translates to a loss of at least $700,000 to Crux for the additional 12 lots and homes; and a substantially greater loss than this if only the large lots currently mandated by the City on an unlawful basis continue to be unsalable. Although Crux has spoken with numerous potential purchasers of lots in the University Preserve Development, no purchaser has actually purchased a lot because prospective lot buyers consider University Preserve lots larger than desired due to the 113 feet minimum width requirement. To date, Crux's out-of-pocket investment in University Preserve Subdivision (excluding a reasonable investment return) is $1.4 million for land and infrastructure; and Crux is contemplating spending an additional $500,000 to construct two spec homes in the development to try to overcome the large lot-size impediment that has plagued the salability of the subdivision for almost a year. Because Crux needs to start construction of these two homes as quickly possible in order to have "roof tops" in the subdivision for retiring Aggies to look at before the A&M football season ends, a response from the City as soon as possible will be appreciated - preferably within the next two weeks. Review of the above information by your staff to facilitate a timely response to this request should not be a problem; because in addition to Mr. Deason personally visiting with members of Mr. Tom Brymer City Manager - City of College Station, Texas September 12, 2003 Page 4 your staff this past February and March and providing written information concerning Crux's reasons for replatting 12 additional lots in University Preserve, Mr. Deason and his local counsel (Charles Ellison) met for more than an hour with key members of your staff members on April 16 regarding these issues. The members of your staff attending the April 16' meeting were: Glenn Brown (the Assistant City Manager sitting in for you when you were unable to attend the meeting), Harvey Cargill (City Attorney), Roxanne Nemcik (Assistant City Attorney), Kelly Templin (Director Development Services), and Natalie Ruiz (Development Manager). We request that the City approve Crux's subdivision replat as originally presented to the City on January 2, 2002, and subsequently filed April 17, 2003. Please contact me at your earliest convenience so we may discuss these issues. Sincerely, )e, Fowler LLF/sgb Enclosure c: Switzer L. Deason ~ ~ ~ ~ C~ a 3 ~ ~ ~ r NIVERSITY Phone: 979.690.1913 RESERVE Fax: 979.690.9224 College Station, Teem College Station, Texas Phone: 979.774.1155 - FAX: 979.774.1156 www.elliscustomhomes.com UnivcrsityPnscrvc.com WELCOME TO UNIVERSITY PRESERVE To enter University Preserve simply enter "#0005" or "#0004° on the keypad at the entry console. The gates open automatically to exit, just pull up to the maroon stripe on the pavement. , Ellis Custom Homes is proud to be the exclusive builder for the University Preserve enclave. University Preserve is truly unique in that it is built on one of the only remaining pieces of undeveloped real estate close to A&M. Decidedly upscale and exceedingly private, University Preserve is a gated city hideaway for only 23 very select homeowners that will let you build to the standard you are accustomed to while protecting your privacy. A halo of trees surrounds the development, witi:: lc gas::`d entrance feeding onto to ane of t: :Hain Y-)rth-South arteries providing instant access to all points in the city. Floor plans for homes under construction are available at each jobsite. Lot sizes, prices, and a plat can be obtained on the web at www.uniNrersitypreserve.com If you have not been inside and Ellis Custom Home, people tell us that the first thing they notice is the creative and dramatic use of space and design, inviting kitchen/family rooms, luxurious amenities, and thoughtful architectural details. We have worked hard to earn a reputation for high quality homes with features and amenities other builders often consider options or upgrades. Additional information about Ellis Custom Homes is available at our website: www.elliscustomhomes.com Should you like the look and feel of University Preserve and believe it represents the unique opportunity we do, please call and we will arrange a meeting to discuss which lots are available and the style home you envision on your lot. Sincerely, President Ellis Custom Homes, LLC Sanctuary -1 place of refuge and protection Lyceum - f4 place for inspirational conversation p-o3: 9:39AM:SGRM Arlington :6777954864 2. 1-. 1 _:;'sUC, 1-19: 1 9797741156 UIJIVERSIT! PRESERVE. Jul 30 03 04:55p RBEI yIy'tIYO-aai~ 1:1-4 Fear': TanKy ►4cj1 979-~6:-38y6 °apc 1 FACSIMILE COVER PAGE onte: 1/4/0) Time: :42:26 Page: 3 To: Dale Browne Company: Ash 6 Browne Engineering, Inc. Fax 946-8914 From: Tommy Macik Title: Secretary Company: City of College Station Address: 1101 Texas Avenue College Station , TX 77842 Fax 979-764-3496 Voice.0 9T9-764-3570 Message; Good Morning! Faxed is the Section 18 of the Subdivision Regulation Jessica Dimmer, n requested I send to you. It is it regards to the Platting and keplatting within older residenticl subdivisions. If you have any questions, please let us know. Thanks, Tammy Macik @B-18-03 20:56 TO:SHANNON GRACEY FRO14:9797741156 P41 9:3°-M:=GRM Ariington 11-1: 1 9 a '411~~ U4I%.EPSIT',` PREc•ER"L. I .,I 30 C3 U4:56o AHtt I pace _ ~e rru~: tnu; Mi:lA SXJ'?E~-3fl_u SECTION 18 PLATTING AND REPLATTINGWITH N O-DER RESIDENTIAL SUBDIVISIONS 2-A in atidd,or, thrr Other fA0vrsr?n5 Ot :hra, cecuiance. np aPP1r;;aUOn fo. ?et. rW- 21, var~:ii r~ and re5ubdividing prat or other plst mlendua to provitle for tho resubdr:ns'c•r of en _mxt 'mg lci pr u1s m a :es:den! at S,--Am. non ;aeet*d Print 1e July 15. 1970, may tv- can6rd2'eQ nor dpproval UnIV16i, .153 A I The Prot Jr+@S not create gn adtltwnal I')t or building plot d-A 1 A plat whrcn (ices create an aautonal lot or Ixttldirg pW must 'veer or exceed the average- vndo d the lots sloriG the street frontage,'.)r all octs :n IN, (Kock a•ri contain at least 0,500 eguare legit:! space 'Cr "ch cwel fig tthil. For the purpose of this sa:tion. a tot sham be (jet-ned to rnclu7? 1:1e lo! leas amiu poiicns of lots tnat have been combined and Lrow a> 3 rnLtde-:iat PICA, as of the effec`rve cia'e of this OrdrnatKt! e-A 3 1 hii moratorium on an applicatlor V a chflnre to a 01a sha'I app.v to the 4NIO%nng areas Area A . area t aundea by Texas Avenue Holleman Urr„P. Giaae Avenue. vornhweet PaVi way, Wellborn Road arid Gaorge 5Usn Orim and reelected it, aUsliation A below l8uswor• \l. X171 / ~ •_'r• i y-5a ,3-19-03 20:57 TO: SHANNON GRACEY FROM:9797741156 P42 9:39AM;SGRM Arlington ;6177954664 U r:; r EuCI? 9797741156 LUI~:'ERSITV PRESEP..-T:, ♦ r:, IRO i 30 03 04:5610 RBEI 979-84N-t!`.11:d~i:: 0911•: fran: Uns; 4clk 975-7fi1-?69i fi~c sr Alta B • An area bous'Oed by Ttkas Mdr;ue. t_rive~sihi .n i.+3, Tarror. Street, Un:ola Av±AUG, un a*sdy GrirE. the Ear; ftudh.:r Free.-my arxi Harvey Raao, and reaected in hiu s'ns iJn F be{av. y 11llrl(~IYYI (.'v • lam. c,_plra42n of lion 18 sECtion and St bswI.sons shag expire on Janus+y t, 2002 iJntninc■ No. 1J 92 O! Nsrth II, )Li01 I Re. S/ol 9ah :;t t 103 20:57 TO: SHANNON GRACEY FROM: 9797741 156 1.43 3-I I-aa ASH & BROWNE ENGINEERING, INC. Engineers and Consaltants P.O. Boa 10838, College Station, Texas 77842 979-846-6914 877-245-4839 Fax: 979-846-8914 March 11, 2002 Bridgette George Asst. Development Coordinator City of College Station P.O. Box 9960 College Station, Texas 77842 Re.: University Preserve Subdivision COCS No. 02-500040 ABET No. 1042001 Dear Ms. George: This letter is in response to staff review comments for the above referenced project. The numbered comments below correspond to the staff review comments. PLANNING (Jessica Jimmerson) 1. Response: Please find attached a drawing of the lot widths that were used to determined the average lot width. This drawing is based on the recorded plats within this area. The average lot width has been revised to 113'. ENGINEERING (Spencer Thompson) 1. Response: Please refer to the attached revised preliminary replat drawing that show the revised title block that addresses the total acres of the development. 2. Response: Due to changes to Lot 13, Block 2 and the Common Area, the information for the application should be as follows: Acres of subdivision: 13.981 acres, ROW acreage: 0 acres, total number of lots: 26, number of lots by zoning: 26, and average lot acreage: 0.436 acres. 3. Response: A proposed easement has been added to the preliminary replat. 4. Response: Sewer line under street has been relocated. 5. Response: It is understood that a water analysis will be required as part of the design of the subdivision. 6. Response: It is understood that a wastewater analysis will be required as part of the design of the subdivision. 7. Response: The public utility easement was added. FAProjects11042 - Switzer Deason\001 -12 Acre SubdivisionlLettersXCOCS - GeorgeOl - Letter.wpd Bridgette George March 11, 2002 Page 2 8. Response: The public utility easement was added. 9. Response: The public utility easement was added. 10. Response: The public utility easement was added. 11. Response: The public utility easement was added. 12. Response: The parkland dedication and development fee has been revised to show that the subdivision is only creating 23 new lots. 13. Response: It is understood that the HOA instrument must be provided with the Final Plat. 14. Response: The gate will be moved to the east so that 1205B will not have to access the"gated community" to enter the property. 15. Response: The lots 1205A and 1205B were subdivided prior to 1970. The two lots were surveyed in 1963 and 1964. Please refer to the attached warranty deed that show the lot 1205A was created by a survey in 1963. Also, the lot 1205B was sold in 1964 to the current owner. LAND MANAGEMENT (Melissa Rodgers) 1. Response: Street names have been revised. Please refer to the attached revised preliminary replat. 2. Response: Street names have been revised. Please refer to the attached revised preliminary replat. Also, please find enclosed ten (10) copies of the revised preliminary replat, one (1) mylar copy of the revised preliminary replat, and one (1) CD with the digital file of the revised preliminary plat. If you or any staff member has a question or needs any additional information, please do not hesitate to call me. Sincerely, 'i OF TF~S~1 ASH & BROWNE ENGINEERING, INC. J. DALE BROWNE•...~ JR. 01 J. Dale Browne, Jr., P. E. 81890 Attachments %%10 CC: Switzer Deason, Crux Financial Services, Inc. w/attachments. F1ProjectsN042 - Switzer Deasonl001 -12 Acre SubdMsionlLetters\COCS - GeorgeOl - Letter.wpd DEASON.EUSINESS.OFFICE TEL:1-254-750-9975 Mar 18.02 0'1` No.002 P.02 0 Z' 40 SWITZER L. DEASON 502 ARROWHEAD POINT RD. ~ I BELTON. T[xAs 78513 VVi~Sa: 204.780.1100 - FASS 494.760.0875 FACSIMILE TRANSMISSION TO: Jessica Jimmerson V/ FAX: 979.764.3496 Bridgette George DATE: March 16, 2002 VOICE: 979.764.3570 In my February 15' letter to the members of the Planning and Zoning Commission. I indicated that I would summarize for the Development Stail'and the F & Commission any major concerns received from the 55 or so property owners in response to the personal letter I sent them a month ugo. To provide the Commission with this teedhark, it would he greatLv appreciated if you will provide the Conni fission Members a copy of this fax. I had a number folks wall me with questions (more out of personal interest in where the lots are that were being re-platted); and I personally called and visited with a number of the property owners to whom my letter was sent. One of the more gratifying of my personal visits was with Phil and Dee Springer, who lived immediately adjacent to the lots being re-platted. I visited with them at their residence; and at the outset of our discussion. there was considerable apprehension atx)nt. what was to be "built next door". After reviewing the proposed Preliminary Plat and satisfactorily answering questions, their demeanor chmigcd from apprehension to support. With only ujw uncptiou every property owner with whom i visited voiced support for the proposed re-platting. The one exception was Bob Jones (a Houston resident, and the son of Ms. Mildred Jones, who lives at 1212 Munson). Bob Jones was supportive of the planned development, but expressed concern about the overall traffic condition on Munson (especially since Munson was re-opened). His concern was that the construction of 23 additional homes on Mumon would further increase traffic flow (although marginally) - mAhw it inure difficult for his 77-year old widowed mother to back out of hor driveway oil to Munson. Mr. Jones asked us to consider alternative entries to the tuts lzi►ig ere-platted, and we did so. After a thorough investigation of altentative entries, we found no ether altcrnativc entry available. (We even tried to purchase a lot on Dominick from the Walton heirs for exit and entry to Dominick, but were unable to do so.) Bob Jones is a professional engineer who provides engineering services to developers and cities in the Houston area. He is highly knowledgeable in the area of engineering subdivisions. He was very rmirteous and was satisfied that we had promptly responded to his request and did a credible job exploring other entry alternatives; but he may stilt voice his concern at the public hearing. Please feel free to give me a call, if you have aiiy questions or if I can provide any additional information prior to the March 21 a P&Z Meeting Switzer Deason 575-6248 1)t +aurv,bW>1NtJJ.Ur rll.t ItL:1-1 reo 15.u2 11:J4 NO.uul h US SWITZER L. Di AsoN / 808 TI AO Polar RD. ' BELTONLTAN, Texws 76513 VVICK; 254.7e0.t 100 - rAX. Z04.780.9970 2/2~~pZ SWITZERotARQM911211 OQM VVV M E M O R A M D U M TO: Richard Floyd DATE: February 15, 2002 John Happ Kyle Hawthorne Ronald Kaiser Wallis McMxlh Phil Trapani Carolyn Williams RE: FYI A copy of my letter to the 57 property owners that will be notified concernin a Preliminary Re-Plat that will be presented at the March 21 R meeting of the P & Z Commission is attached, along with the names and addresses of the folks to whom the letter was sent. The Development Staff has been asked to give this transmittal and the attached letter to the members of the P & Z Commission to apprise you of my efforts to meet with and address questions and concerns of property owners in be notified of the subject filing - and to do so as fiir in advance of the. March 21 W, public hearing date as possible. If I were a member of the Conunission, I would wturi to be aware of uormspondviicc bcfiig scat to prupcrty owners concerning a future filing to be presented to the Commission (in order not to be blind sided by a property owner that might contact me concerning the correspondence). So the attached is forwarded FYI. After I have had en opportunity to visit with each property owner, I will summarize for the Development Staff and the P & Z Commission any major concerns expressed by the property owners, and the responses I have conveyed to the property owners to alleviate these concerns. I am acquainted with several ol'you, and 1 look forward to nnecting those of you I have not yet inst. If you have a question, or refer a property owner to me that contacts you, please feel frcc to give me a call (575-6248). yLHoUIV-GUJLIVtJJ.Urrll.t ILL 1-.:J4-(::V-yy(J r80 1J.U2 11-JJ NO.UUl N.(]2 SWITZIZR L. DgAQoN 502 ARROWNI[AO POINT Ru. aKLroN, TgXAa 76S IS Vuww; 154.780.1100 - r^x; 854,7ao.9970 February 15, 2002 (Homeowner Name) (Strcct Address) (City, State, Zip) Dear (Homcownncr Name): My purpose in writirrx you is to request wi opportunity to personally review with you a proposal to re-plat approximately 12 acres of the Woodland Estates Subdivision. A "Preliminary Plat" will be presented at the March 21 a meeting of the College Station Planning and Zoning Commission; and in accordance with procedures followed by the P & Z Commission, you and other nearby neighbors will receive ten days prior to the March 21" meeting, a notice of' the. public hearing conducted at the meeting. In order for ynu to have an opportunity to review the proposed re-Platting prior to March 21", and to get answers to questions you may have, I would like to have an opportunity to share this information with you at your convenience. The Preliminary Plat to be submitted to the P & Z Commission was not available from the engineering firm as of this writing, but a close approximation of the plat will be available next week; and I am available to inert with you at your residence, ur at another place of your choosing, to review the information - or we can visit by phone, if you prefer. To reach me on a direct basis, please call my cell phone (575-6248), which is a local-dial number. If my line is busy, please leave your name and number so I may return the call, The proposed re-platting is in compliance with all zoning, code and moratorium requirements of the City of College Station. As you may know, Woodland Estates is zoned R-1 (single family residences only), and the minimum size of all home sites re-platted in this residential area must comply with the requirements of a "moraloriuttt" a doptud by tiro City of Cofte Station to preserve the character Fuid integrity of the surrounding neighborhood. Under the moratorium, the width of ro-platted lots must be as wide as the average of all other lots in the adjacent neighborhood. The proposed re-platting complies fully with the City's moratorium. Should you not be familiar with the locale of Woodland Estates Subdivision, it is bordered by Munson, Dominiok, Westover and Holt. The subdivision, however, primarily touches only Munson Avenue (not the other streets mentioned), because most of the original subdivision was re-platted and re-named over the years. My wife, Cathy, and I lived in RCS for 20 years before moving to the Temple-Belton area five years ago for employment reasons; but having recently wrapped up my professional career, we are selling our residence on l Ace Belton and moving back home. A tract of land became available to us in Woodland Estates to build a new home: but after determining that several hundred thousand dollars of development cost:,, was required to satisfy City requirements fbr cul-de-sac access. drainage control, utilities, etc., we realized the only way financially feasible to wr>;truot Our hOrrrc un the property was to iricludc additiunel hunk: sites uvc;r which to spread the required development costs. The lots to be re-platted are larger than most in the area; and we believe the upscidc custom homes built on the lots will enhance the market value of the surrounding neighborhood. Please give me a call. Best Regards, SWITZER L. REASON 502 ARROWHEAD POINT RD. BELTON, TEXAS 76513 VOICE: 254.780.1100 - FAX: 254.780.9975 SWITZERDEASON@MSN.COM M e m o r a n d u m TO: Kelly Templin DATE: April 8, 2002 RE: Preliminary Plat For University Preserve Subdivision As discussed, attached is a copy of the plat I requested our engineering firm to prepare following my 3/22/02 telephone discussion with Bob Jones. I called Mr. Jones on 3/22/02, the morning following the P&Z Commission meeting at which the subject plat was approved, to ask what I might do to resolve his concerns. He responded that there was nothing else I could do, because it was not feasible to acquire an alternate entry to the subdivision from Dominick or Westover; and his personal efforts to achieve this had been unsuccessful. He thanked me for my call; and we agreed to maintain an "open communication line" and make every effort to keep the matter out of court. On 3/27/02, Mr. Jones emailed me a copy of his 3/25/02 letter to Tom Brymer, which I forwarded to legal counsel. During our 3/22/02 telephone conversation, Mr. Jones indicated that the subject subdivision might be in violation of deed restrictions; and I responded that my attorney had some time ago reviewed the 1966 deed restrictions of the Woodland Estates Addition, and because a number of lots that violated the 1966 restrictions had been subsequently re-platted and not contested, the restrictions were probably unenforceable. (I specifically mentioned the undersized lots in the Grand Oaks Subdivision that violated the deed restrictions when they were re-platted from the Woodland Estates Addition and approved by the City in 1997.) 1 also indicated that it was our view that the law in this area would not prevent re-platting approval by the City. Lastly, I told Mr. Jones that even though his mother's residence is not part of Woodland Estates, we would change the lot sizes to comply with the 1966 deed restrictions, if he preferred. He did not respond. In the attached plat, the street easements remain privately owned by the lot owners; and all lots in the plat are not "less than one hundred (100) feet of frontage on a primary street and one hundred and thirty (130) feet in depth", as set forth in thel966 Woodland Estates deed restrictions. Private street easements and all building setback lines remain the same as that recommended by Staff and approved by the P&Z Commission. Should the City support Mr. Jones' position (in spite of the legal clarifications provided by our counsel, Cully Lipsey), the property ownership delineations in the attached plat obviate the deed restriction violations alleged by Mr. Jones; and the approved preliminary plat remains in compliance with all City codes and ordinances. Also, lot owners continue to have the same options in the attached plat for asking the City at some point in the future to take over the private streets in the subdivision (and resolve Mr. Jones' deed restriction allegations on a more cost-efficient basis). If the City vacates the preliminary plat approved by the P&Z Commission and delays the project for the lengthy time period (probably several years) it takes to resolve Mr. Jones' alleged deed restriction violations in court, it will be costly for everyone. It is my hope that the City does not corroborate Mr. Jones' ulteriorly-motivated attempts to require the P&Z Commission to vacate its approval of the subject plat, based on incorrect interpretations of the law. Any assistance you can provide to help avoid this occurrence will be greatly appreciated. MAR.25.2002 21:43AM JONES & Cr-PTER NO.272 P.1 ' JONES & CARTER, INC. - L9 Consulter 1 ►aieera !4H NO. Hm COf~k+A~n ~W 8200 1- 7~ 6 Agslo /;u ► aix c7 atrrr- trs DATE. t TUa: VAX CDM LX= C~l1+tPt~t~TY; A %&oym MMON: FAX N&. Fpt : TOTAL NUMM OF PACES (tNcI=M C4' OUR FAX ICI ER W (71)7'7"'-s9'?"6. Pik CAM SM= MY PROBLEMS OC=. r vlo" E C E P E MAR 2 5 CITY MANAGER'S OFFICE CtfiY U COLLE E STAII N MAR.225.2042 11:43AM JONES & CAPTER NO.272 P.2 • I JONES & CARTER, INC. J r Conrutti nears p+stilrao. mite no 7181Y7 -Z231 Qow►oaes,Tu" "061.11'166 FIX 1I8-59" l1+Setrch 25, 2111 Mr. Tm lamer, City M city of college Swim Poet 00w e a= 9w Call set Station, Teas 7711+111 I P. r. Preserve Prcliminaty IOW I Dw bb. Btymw' I apeamed bef= the City of Coliep Statims Pfmmning ad Zcsu* Commislim Isst Tbm,mdsy 4104 to apeC4 in apposition to the M&reaood LTtsiversity n=ave prel%n uW plat on behalf of Ms. Millie Jane k 1212 Munson Avmw. I was smand and 6=abd with tht p wass. i I believe dw your staff gave inapproplriata, misleading, and e(mmus mfottnation to tho Commies . I o think that your City AWnucy (Asaimut City Moracy ROM= Naracilc) gave 60 Catttmisaioa dIM Wrong legtl guidanee Prior to As vote cm this preftinaty plat. Your t ical sniff and to Aftcucy baaldled this plat u though your College Station cudu mm wort all that had to be comiderai i I would hke to meat with you to diwm this issue and see what mi& be done to carrmct the probbw acated by your technical wad least gaff be om Mr, Switzer Dow= or others hum suWMudd tow dw might be voided by future awe in the process of this ropla 'IW* plat is a replst of three tracts that wets subdivided in 1941. A wpW of an exisdag sabdhislou must be cow in acc*xb= with Chapter 212.014 wid 212.015 of the Texan tAxd opt Code. 'That provisions of Chmpter 212 must be considered hi addition to your ordita . The" two seedws of Chaptw 212 were added to the IAxW Gavcmment Code is 1937, with a oou& of subaaquem modiflcsucwu, to Provide Ioas1 governments with this auihoa o and rtq=Mbility to caukW the impact to laadowum in an cdsfmg plat wheat an owtwr of a portion of the plat wants to mplat to alW t'fte seem or chharacm of his land. This Iegis abut 4mft tent was passed 44w mu wws developers replotted large tat erbdivisions into emaallw lot VAddmaiems dwing the 4awrstum is the red estame ma* M Of ft JOIN, Tito amo oircuntstum tdtar !earl to t* Mcpdm of C hapterr 211.1124 and 212.01 S apply to ngdtac. Yew xz ffwt only failed to advise dw Cammissiw of its AgM stud obiigadon to twiew more Meru it does with a trWitionst plat u* mittal, but your stuff and your su mey advisod the Ccu m ssum dart"k a©suld trot creme dw any of dw iaf+oenaufon *9 # recaived during the hearing. The attmmey Pemba 4dvi ! the Commninion ihst it had wx received sty expert opiaiem on dw w -um at b=4. Wbeet► I triod to qvr+ On City Amxuty to ark ha if dw used the p ovisk as of Ch w 212.014 and 212-015, toy !rotor, trod my ' prefurionsunamus, I was qufi dy told to sit 4mm dw I was out of order. ' sr, 00 o MM.25. 20W 11: 4AAM .SOWS 91 CARTER NO. 272 R.3 Mr. Toss Brymar Page 2 M=h 2$,2002 Whoe I regret that my wtiooa to appmat the Ctty Att W appawttttt* rs ft4 soOM COOMMS co dove of the chdrnm, it was cleat to me that the Commission was in the proem of Young as 44 is" wit out to proper facds and with ictew"ot pidsaw fim the City Staff At this paint, I am i `ly certain that the hwing wed loot Tburxley sloes not rtnstit a Public Hearing in accordsstrs;e witb C hgft 212.014 and 212.015. As such, I do not wo W. Switzer Damao has vsW pmlfinin spy plat appront for the nivestsky PrOISOM. Fopotalty you h*veo beein wed of tba problaa ns by yaw attar, but I would Tike to give you a short tamp of the major pr+obiwaas that count me. BeOve Ms. Jenks Jimmerm made her tedwical pr,etontaim to the C adaro ahe advised the Commission that if ber staff aecomumadasbou was to approve the pls4 the Cossraaatission had to appm" & If tbat is true, I wonder wby you have a Com: nissio n. She then testified that tht plat tarot all of the awditions of the College Station mss, duadom the C umui,on should app vw h as aibrnktot Uls. Jimmenon's staff report stated that "incrceaed traffic to Munson, sbould not bo a problem." I spsa4 with Ma. hotaason on the aftaanom of do sane vdug and site eus ally adviaod sae that she had runt moo any traffic impact m lys m becow no analysis was required. Sbc received traffic count nvoubert from yow Public Worlw pasounal around 3 p.m. on Thwp&y aRanoae. UttW ttmn, she had kww 4bout ttffiic on Muasaa:, but reaadamd an opinion that was talsataa as the only professional ~t~t l available to the Covvnissiaa on the subjod I do not Imow if she is licensed acs an engineear ad qnfifted to rsmdw s ucb an opinion or not. In any caste, it appears to be an uniu bored opinion. During ft Public Hooting I made is preseutatti x to Ot Commission is my profeiuiorstatl OAPACW repsaswAng Ms. Jones. I pcnww*d two knors to On staff before the meeting for irtcltasiaaa In to ins, onto I%= Ads. Jones and ans Avm me. My letter, which is sawSed, addrmod the bm*usscy of the propoadd scam to to University Pros va based on the traffic problems and the, couriers with your 04stme Developenew Guide. I t the CoraM.iWon tlw M. Jim was not ssranut aml the Commission itt, i did Iasve the right to oatwMer trams and •a mis loot title vea ft iaa acear4sma with Chapter 212 of the Tams Local tlovOMMMA Code and that it at►aa aty apbdon that this project did not moot rho tact far p ww aaass. devaal landow tiers km wftb the original plot apob daring the hoariaag. They specifically qutesdoned the number and sine of tbo lots that will be in the replaat. TMy gwtioned the Impect on %tir e went aaMviOmt reetriraeionsi. Most were strongly its oppositirsan to the, added number of lore in dw UniverOw Preaarva preliminary plat (which is actually at mpliat). A#ta 1lte hearitsg was ckwd, the City Avorrmey respaadad to a queaefot ffram a C:ommisel aboatt my commemb adored to Chapar 212 (a reference m state Iaw dw this Commiasioster attadrod he dad ttearapr bwd mtatio W while on 04 Commissioa) by reading a psragrapb out of Chapter 212.010, Standards of oval. WWk thane caonditLons also apply caul won batsic W igasdsned by yanr plasm MAR.25.20W 11 4541 JOtCS & GARTER NO. 272 P.4 m r, Tom T3"er Page 3 March 25, 2002 advised ft Ccua misstam tf>,ttto reccnmmert Arlon atarisfW 411 of $0 condidou ofd 212 card th CMrnMCO must "Ovo liar P Yow attomey does not urAwtausd wA t4esdufts a replat, noT daces she undao'a and to sig Uk* noe of CUpter 212.014 or 212.015. Tb a sectiou give additiorml m Vow[ bilities to the Commiaeitm and dow sections are kftndea to give Wdo neln in an orlvW plat ume rights when ano*= owtler within IU migisnal plat wants to reMlat to 4mmase the number of lots fa the subdivWon. Tla aatompy simply a" since the ataff Said the plat met the City ord MAM, OW is ail the Commisda bers oiauld o ,der. Ma. Funmemon x#Ud hint the City dm not review restrktiow. Normally, you are not allowed tsar rcMrio ms. However, in flue case of a replat, Claaapter 212.014 gives you som addlda" as bor4y. Y think the City taw a cbity to come that mananta and restrictions are reviewrA to we if the raplat is aA att=pt to ant =4 of circumvent to original Covenants and restrictiont. What awdw Commimoner asked for logal guid4we about my cumnte= on the traffio condttioars, tits a Dy mpon4ed that the dud not year eny prof Tonal or =pen opWwst relaW to the trafo and the Commission could not consider my co=vats. Afbw The meeting she acknowladged to me dW she dice tint how I submitted a latter, nor did she understand drat t was speaking in a pProU ional a:agwhy. Last Thursday night'a Plaaming and Zoafng Commission meeting cc d* Univenity Preaearve wag &au&t with problems and improper wtiama. 1 dock forward to mcetiag with you to navie w the siumdon to See, whet might be doge to resolve t'be situs on. Sucercly, R-i ) WAIys 1Y3VRMUlISCI 'XAM Enclosure ca, hid, Mi11ie JOM Plaanng and Zcmiug, CotmtYlUsiom Mr, 9wit= I3 ASM MA?. 2S. 2W2 11= 46A4 JOWS & CWTt M.272 P. 5 C.1 JONES & CARTER, `C. + cmtaulting z*nars a auhla= suite 200 71=774337 Hap4tui ' um 7700.1168 ] 71 ?77.bti7ai March 21, 2002 Planning and Zoning Commisdon City of College Sudiou 1101 Texas Avenue Post Qf1lcc Box 9960 College Station, Texan 77942 Rae. Prelimiuary Flat fbr the University Preserve (Replat of 1205,1207, sad 1209 Munson Drive) Dear Coxamis aionaro- We reviewed the proposed pral tinsty gl#t far the development of the pr+ope rty At 1205, 1207, and 1209 Munson Amur. en behalf of Millie 7ouns, resident of 1212 Munson Avenue. We rcquAn t a you deny this plat on the basis that it does not provide proper access for the propos*4 dsvelopmgeut. Murraon is a residential street under the definition of the Collerga Sailboat Developineat Crvidr, with its 27- foot roadway arose section. The Street Design Criteria shows that a rcaidattW area should only on" 200 to 1000 can a day. 'The moat reedit tratTio counto on Munum Avenue as providod act ua by the Qty staff show Mumn is significantly overloaded with approxkup.-ly 4,466 onus per day. Based on the current traffic loading on Munson, we wav surprised to find that the City staaffrtaport to y indicates that this plat would not have auty etfeot on Munson traffic. We vets not provided wit mW Traffic Impact Study to s4ppor't this co=luaion. However, our indepen4ant analysis indir this 24-1ot development will acid over 200 vehicle U* per day to this ov rlosded st reft The pralimiauy plat shows a single point of lease to Munson tbat is only a few feet north of ft Jca driveway at 1212 Mtu1 . This will oortoeattraw all Of the Dew U*MC in a manner thA will grimy agratvate the local congestion, not to mention the added care lights end noise from earn oval tg onto Munson. While Mr. der Denson Is qtly thhc "1 vebpee oftWs project, all three oftha landowners of 1203, 1207, and 1209 Minn are subdividing their property. That owners abotild be require to +e lop an alternative way to subdivide their property that =am the traffic to DoWnik or the N(unson/Gilehrist h4mlec* a. The proposed plat does not provide reasba6le or a oparint txaft aacae+ass fbi thopropertyr. The Development Gulde st*s In Section 3.01 , Tb* plan is not intended to precisely low ad An aall future roadways in the a va; t'eillW, it is It guide the Will itwicartx the knwopriabe asambiawon of roadway capacity and ptoparty arcC a veded to provide fox at balance between puWia mobUitty and rAighborbcod integrity in each sector of Cub'" -Al MAR.25.2002 11'47 AM SONES & CARTER NO. 272 P.6 Pl*mdng And 2onbd Ccmmiaai City of College Station March 23, 2002 Pap 2 It ft-tw SW K leer, 40481 tOXU t be n quimd is ft O6Vq*ftv per' pwm to sure that the iutogrity of low 4maW resid ia! eoighbud=& ii POWOW ft m Unwxtod sad undesirable vial kW4r traf"ie Cet%ialp this propnsad, gated Community will be "ated from uawaAtod and W&IWAO ve lar ftft--'r"kk U of MwOn Avenue would t be ablo to walk, ride bicycles, ur drive can in auto. This plat would coutm4e tht UM A" of l4 of Avenue and fb nalghba&ood ctepty who twe are tom. bettor alteraat#ves. We ask that you deny this pmliminW plat and direct tbo subdir en w develop an alftnew pin t takes w ass at Munson and Oikhrist or dimly & Dominik. ''t'hank you tr your coasldcratlau. Sincerely J. IL. Jaueu, P.I. Alhy$ ~'8u Ra1h~'4Tts~xi.+~NZt~3,31 From: Kelly Templin To: Tom Brymer Date: 3/25/02 5:20PM Subject: Fwd: Letter from Mr. Bob Jones Tom: I am afraid that Mr. Jones has mischaracterized staffs efforts in regards to this matter. Mr. Jones, whose mother lives along Munson, attempted to give legal advice to the Commission. Staff informed the P&Z that, in their collective opinion, the plat met the current standards and therefore, if they were in agreement, there was an obligation to approve the plat. Mr. Jones wanted the Commission to redirect access through private property. He also insisted the City could deny access to Munson. Roxanne correctly informed the Commission that they should not take legal advice from an engineer, although not in those terms. I understand that Mr. Jones was instrumental in demanding the reopening of Munson after it was closed some time back, so he may be at cross purposes with his earlier efforts. Let me know what information we can provide for you in this matter. -Kelly CC: Glenn Brown; Jessica Jimmerson; Ken Fogle; Natalie Ruiz; Spencer Thompson HANNON, G~CEYLAW OFFICES tooo Ballp 'ar~k TLIFF & MILLER Arlington Wa 8 , xass7 ite 300~ L.L.P. Larry L. Fowl Te er 6011 (U (817) 299-2841 Teleco17)795-4866 Pier (817)795-4864V VIA Hare yEDERAL EXPRESS November 24, 2003 Ifowler@shannongracey orn City CJ (l/ Cargill 14623-1 Y Attorney's office C1tY of College P'f 0• Box 9960 Station, Texas 101 Texas Avenue College Station, TX 77840-9960 Re: Crux FinaNQ 2[li~ ncial Services Dear Mr. ,Inc. , Cargill: This office re 2003 Presents Crux Fin I contacted ancial Services, Inc. acres in College you regardin "Fi Station Texas g Financial's co nancial") B To date, I have received ' I asked that ntenlplated develo dated Se no response. YOU contact me regarding Pment of aPProxi Ptember 9 Accordingly, enclosed matel l behalf Of with this the contents of that el S , if Financial within letter please tter. Perhaps the failure to respond next week. I a find a Petition be necessar Pond to 1n contacting n which I antic i the City of Y for Financial MY previous g YOU Prior Pate will be filed College Station to file the lawsuit but correspondence to film Petition on Without the instead inadv the Accordingly, necessit 'will be able to rtent and it to see Would th if College wStation ith y of litigation, resolve will not e . is hatter with previous etteat you t contact me dbyiress to resolve this matt at College Station e enclo e Petitionemb jr 3' 2003, suer without the wa-does accordingly. not neceity this litigation desire to do not hear fro e Y°u b 1scuss the contents of ' I discuss in come of this y such time I will ass MY matter and Financial will Prome Sincerely, teed ,LF/sgb ;nclosure Switzer L. D Owler eason The Ci ll of Col e e Stat* g lon Em Texas bracin the Past, Ex lorin the P.O. Box I,e Future. 9960 1101 Texas Avenue gal DePa `ment College St, lion, TX 77842 • www.ci.colle e- g station.tx.us (979) 764_3507 FAX: (979) 764_3481 January 22, 2004 e B Facsimile 817 795- 4864 & Re ular Mail Mr. Larry L. Fowler SHANNpN,GRACEY 1000 Ballpark Wa ' RATLIFF & MILLER, L.L.P. Arlington, Y, Suite 300 Texas 76011 RE: Crux Financial Services, Inc. My letter to you dated Januar and E-mail Proposal Y 13, 2004, Dear Larry: We sent letters to you on January 7th, 8th and 13th to please call. The Cit additional lots; a y has now received b 'and left a voice by e-mail a proposed mail message for you copy is enclosed. Plat amendment to create "2" Again, please let us know shat any ordinance change until we are sure hour client's position is. We will not move forward with an address your concerns. Sincerely, Harvey Cargill, Jr. City Attorney HC: jls Enclosure cc: Tom Brymer Glenn Brown Kelly Templin Roxanne Nemcik O: ILitigation Binders-Filesl Universi ty PreservelCorrespondencel01- Home of Texas Apt&MeUniversity Home of the George Bush Presidential Libram n-A lk