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HomeMy WebLinkAbout03-00500185- 00076092 O FOR OFFICE USE ONLY CASE NO. © DATE SUBMITTED ''o2g 3 COLLEGE STATION ZONING MAP AMENDMENT (REZONING) APPLICATION MINIMUM SUBMITTAL REQUIREMENTS 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 or City Council. The following items must be submitted by an established filing deadline date for consideration: X Application completed in full. X $500.00 application fee X Two (2) copies of a fully dimensioned map on 24" x 36" 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. x Written legal description of subject property (metes & bounds or lot & block of subdivision, whichever is applicable). x The Rezoning Supporting Information sheet completed in full. Date of Required Preapplication Conference: APPLICANT'S INFORMATION: Name Lew W. Harpold StreetAddress c/o Looper, Reed & McGraw, P.C., 1300 Post Oak Blvd., Suite 2000 City Houston State TX Zip Code 77056 E -Mail Address lharpold @lrmlaw.com Phone Number 713-986-7160 Fax Number 713- 986 -7100 PROPERTY OWNER'S INFORMATION: Name Sand Canyon Partnership Street Address 1300 Post Oak Blvd., Suite 2000 City Houston State TX Zip Code 77056 E -Mail Address cgray@lrmlaw.com Phone Number 713- 986 -7157 Fax Number 713-986-7100 County Clerk's This property was conveyed to owner by deed dated May 7, 2003 and recorded in Volume File Number 00812945 Page of the Brazos County Deed Records. General Location of Property: Northwest Corner of Rock Prairie Road add Longmire Drive Address of Property: 1751 Rock Prairie Rd., College Station, TX 77845 Legal Description: Tract G -2B, Ponderosa Place, Section Two, City of College Station, TX, according to replat recorded in Vol. 4/i4, page 122, Official Records of Brazos County, TX Acreage — Total Property: 1 . 67 acres (72,815 sq. ft. ) Existing Zoning: C -2 Commercial- Industrial Proposed Zoning: e- I General Commercial Present Use of Property: Walgreen Co. Pharmacy of 2 Zoning Map Amendment (Rezoning) App1 7/25/2003 Proposed Use of Property: Walgreen pharmacy REZONING SUPPORTING INFORMATION 1.) List the changed or changing conditions in the area or in the City which make this zone change necessary. The entire adjoining properties of the immediate vicinity are being used for residential and general commercial and there has been no change in the area to justify the City changing the usage to Commercial Industrial. Owner has no record of receiving any prior notice from City that the Owner's property use would be changed to non - conforming as of 6/13/03 and subject to forfeiture if abandoned or dark for three (3) months. 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. The City reclassification of the Property to C -2 was learned on 7/24/03 by Owner from a search agency of Deutsche Bank and caused the Owner's pending application for a $2,750,000.00 loan to be rejected before the Closing Date of 7/25/03. This event caused Owner to lose its application fees and locked -in interest rate for the loan. Owner's losses can be mitigated if the Property is rezoned to C -1 without the forfeiture provision. 3.) List any other reasons to support this zone change. Owner requests that Property be rezoned to its original conforming use general commercial (C -1) with Walgreen pharmacy as a conforming user. The pre- existing Walgreen use on June 13, 2003 was not completely grandfathered because it was made subject to a penalty clause that states the discontinued use for three (3) months or its abandonment will forfeit its non - conforming use permit. The City's rezoning has caused the Property to be non - marketable for financing and severely reduces its market value for sale. The applicant has prepared this application and supporting information and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, APPLICATION MUST BE ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER. San. Partnership / 00 7/2-r ft. ih 1 A41111fit Signature of owne - /(or agent) or applicant D ate By: Lew W. Harpold, Attorney for Owner 2 of 2 Zoning Map Amendment (Rezoning) Appl 7/25/2003 u l•29. 2003 10 :12AM Lvurcrt, KM) a MULVIAYI r1o•1325 rp 5 iu FOR OFFICE USE ONLY CASE NO. DATE SUBMITTED (OULU STATION ZONING MAP AMENDMENT (REZONING) APPLICATION MINIMUM SUBMITTAL REQUIREMENTS 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 or City Council. The following items must be submitted by an established filing deadline date for consideration: Application completed in full. $500.00 application fee I i\Gt uckci U 1A GLPp ) 'C(Kh CY1 x Two (2) copies of a fully dimensioned map on 24" x 36" paper showing: a. Land affected; b. Legal description of area of proposed change; c. Present zoning; d. Zoning classlflcation Of all abutting land; and e. All public and private rights -of -way and easements bounding and intersecting subject land. X Written legal description of subject property (metes & bounds or lot & block of subdivision, whichever is applicable). X The Rezonin • Su ...ding Information sheet completed in full. Date of Required Preapplication Conference: • APPLICANTS INFORMATION: Name David W. Richardson Street Address c/o Crouch & Inabnett, LLP, 2300 Fountain Place, City Dallas State TX 1445 Zip C o de e 75202 E - Mail Address Drichardson@crouchfirm.com Phone Number 214 Fax Number 214 PROPERTY OWNER'S INFORMATION: Name Whataburger, Inc. Street Address One Whataburger Way City Corpus Christi State TX Zip Code 78411 E -Mail Address _ ktiller @w bhq . coin Phone Number 361- 878 -0494 Fax Number 361 -8787- 0488 • This property was conveyed to owner by deed dated 7/22/2002 and recorded in Volume 47 41, Page 4 3 of the Brazos County Deed Records. General Location of Property: Northwest Corner of Rock Prairie Road and Longmire Dr. Address of Property: 1745 Rock Prairie Rd., College Station, Texas 77845 Legal Description: Tract G -2A, Ponderosa Place, Section Two, an addn to the City !of Colle recored n Vol 473 ti0 c- Texas plat d in ' Acreage To'I roperly. a P 22, Offical Records, z o s Cn , T: of an crc (41, 767 aquarc fcct— I Existing Zoning: C - Commercial IndustrialProposed Zoning: C - General Commercial Present Use of Property' WhataburcLer fast food restaurant • • 1 of t Zoning Map Amendment (Rasoning) Appt 7/25/2003 ' 2003 10:12AM Luur�n NW) d MUUnMW C.1325 "P. 6'U Pro use OT Property: REZONING SUPPORTING INFORMATION 1.) List the changed or changing conditions in the area or in the City which make this zone change necessary.. • ,, 4 42,6A1 /•,-orri-e-47704-4m-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 v 3..) List any other reasons to support this zone change, ( -ems i . _ • The applicant has prepaded this application and supporting information and certifies that the facts slated herein and exhibits attached hereto are true and correct, IF APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, APPLICATION MUST BE ACCOMPANIED BYA POWER OF ATTORNEY STATEMENT FROM THE OWNER. Signature of owner (or agent) or applicant Date 207 Zoning Map Amendment (ResoMng) App a 7/25/2003