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HomeMy WebLinkAboutCorrespondence Page 1 of 2 RABON METCALF From: RTriplett@gdhm.com Sent: Thursday, April 14, 2005 5:26 PM To: pcallaway ©CallawayDevelopment.com; rmengineer@verizon.net Subject: Fw: ACC OP (Callaway Villas) LP /Acquisition from Callaway Development Corporation; Your GF 200500436 Note that he wants the letter addressed to the purchaser and the Ianguge requested - Rick Triplett 512 -480 -5633 (direct) 512 480 -5833 (fax) Assistant: Karen Holmes (512 -480 -5649) Website: http: //www.gdhm.com — Forwarded by Rick Triplett/AUSTIN /GDHM on 04/14/2005 05:24 PM -- "Craig Warner" <CWARNER@gpm- law.com> To <guerrem(81ctt.com> <RTriplett@gdhm.com>, <KHolmes @gdhm.com >, 04/14/2005 04:21 PM cc <winger@studenthousing.com> Subj ACC OP (Callaway Villas) LP /Acquisition from Callaway Development Corporation; Your GF 200500436 Mike - Please review the attached and call with any questions or comments. Thanks. R. Craig Warner Glast, Phillips & Murray, P.C. 2200 One Galleria Tower 13355 Noel Road, L.B. 48 Dallas, Texas 75240 -1518 telephone: (972) 419 -8314 fax: (972) 419 -8329 cwamer(a,gpm- law.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately. This electronic communication (including any attached document) may contain privileged and /or confidential information. This communication is intended only for the use of indicated e-mail addressees. If you are not an 4/14/2005 Page 2 of 2 intended recipient of this communication, please be advised that any disclosure, dissemination, distribution, copying, or other use of this communication or any attached document is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply e-mail and promptly destroy all electronic and printed copies of this communication and any attached document. Graves, Dougherty, Hearon & Moody A Professional Corporation 401 Congress Avenue, Suite 2200 Austin, Texas 78701 Phone: (512) 480 -5600 4/14/2005 Oatwar (11 CAAtturvh-eul tiatait )1- t &Cc 7 Pd96-n liekatil) 11) y y v -1-m)--occ il y-n-e ilY\'D+171-1(--s n-(c-(1,710a(drezci. viu un Sk s i r *Gd kcuuttii. An., c- cuviv4 4ku cLuu R 2 a LALLIci Qu--n,u) 6 40-‘ N-L1/0--6 ( rikAA T 1. ro tbt-(1 j Rb f. oca p,u)(iiryua occ4cu,kep 5 e the A64 — tka_Fe t ( CCaurati, eett 10(4 d) - Odd M 0/0 P/100641/- Lddasko - (Ak- M61 - frattic (osbatitAl ctIciE/4/= ,\106:-0 4bLrn a_ttOwd ' C f 2U CALLAWAY DEVELOPMENT CORPORATION Page L. Callaway Executive Vice President June 22, 2004 Ms. Bridgette George Assistant Development Coordinator City of College Station P. 0. Box 9960 College Station, TX 77842 Re: 13.76 -acres on Marion Pugh Drive Dear Ms. George: Callaway Development Corporation owner of the land referenced above requests that the rezoning for the property be removed from the June 24 City Council meeting. Please do not hesitate to contact me if you have any questions. Sin - - y, ' a • Callaway E - e Vice President PLC /tag ' i27 ,, \I L nnh -l1H 801 S,tn \ monk iA'8_'.lN 'Iii S "_ -U?nU non,: IU S�()- ;3Oi Ian I -mail hcallimav „ailiuvvavJc\clrlancnt:un, From: "Sue Osborn" < sosborn @CallawayDevelopment.com> To: "Bridgette George (E- mail)" <bgeorge @cstx.gov> Date: 12/15/2004 12:13:10 PM Subject: 13.768 Acres on Marion Pugh Ms. George, at this time we wish to withdraw the request for zoning change for the above - referenced property from next Tuesdays meeting. I hope this does not inconvenience you. If you have any questions, please contact Page Callaway at (210) 822 -0200. Sue Osborn Callaway Development Corp. 1250 NE Loop 410, #800 San Antonio, TX 78209 (210) 822 -0200 (210) 820 -3361 fax «Sue Osborn (E- mail).vcf» CC: "Rabon Metcalf (E- mail)" <rmengineer @juno.com >, "Page Callaway" < pcallaway @CallawayDevelopment.com> CALLAWAY DEVELOPMENT CORPORATION Robert W. Callaway President May 21, 2004 Ms. Bridgette George Assistant Development Coordinator City of College Station P. 0. Box 9960 College Station, TX 77842 RE: 04 -28 Dear Ms. George: Callaway Development Corporation, owner of the land referenced in 04 -28, respectfully requests that the City of College Station reinstate this zoning case on the next available City Council meeting agenda. If you have any questions, please don't hesitate to call me. Sincerely, Robert W. Callaway Robert W. Callaway RWC:so 04.126 .o \ 1 . i.ix:(; 4 31i * tiltr° soo w'a inrui[ii; 1 \ "82(19 -1525 0 _ - 02110 « 111:820_3161i n €. - wail so5keorHH acailaicati %elopirrenf.rorri Sent By: CALLAWAY COMPANIES; 2108203361; Jun -22 -04 2:59PM; Page 1/2 • 01-f- CALLAWAY DEVELOPMENT CORPORATION � c( • • • FACSIMILE TRANSMI a TO: Bridgette George FAX NO.: 979/764 -3496 City of College Station FROM: Page Callaway • DATE: June 22, 2004 • RE: 13.76 -acres on Marion Pugh Drive PAGES: 2 including: this over page • If you have any difficulty receiving this facsimile transmission, please call Tears at (210) 822- 0200. • GY)NNI)LNTL4LITY NOTICE mi :sonde 1 ollo ed omy fw Ae we of the addressee. If dl& addressee opine is a client or agent, you arsfurther advised that the facsimile contains legal& privileged and corifidentkil information which we intended to rend to the addressee ask In any event, ifyou are not the wended rectpient of the )aesimik. you are hereby maniled that yon have received tirisfa istile y mad in error. Any review, dieaearin tian dis>Kibrllwr or copying of tits is splay prolatiaad If yoae have received this facsimile in error, please unmedateiy nar0 ea by telephone and renew Jte original, jbcsimik to us to the address belaw via the unit d Mates Postal Service, We will reimburse gory costs yore incur In nadfytng Its and bI morning the,fricrimile to us. • • • 1250 N.E. Loop 410 ! 5410100 I See Aeta1i0, 'I'X 70209 ! 210f822.200 ! 2101820 13412r i I&muil tpsaliWtvUwwlyQevwpa tew • • Sent By: CALLAWAY COMPANIES; 2108203361; Jun -22 -04 2:59PM; Page 2/2 CALLAWAY DEVELOPMENT CORPORATION Page L. Callaway • Executive Vice President June 22, 2004 Ms. Bridgette George Assistant Development Coordinator City of College Station P. O. Box 9960 College Station, TX 77842 Re: 13.76 -acres on Marion Pugh Drive Dear Ms. George: Callaway Development Corporation owner of the land referenced above requests that the rezoning for the property be removed from the June 24 City Council meeting. Please do not hesitate to contact me if you have any questions. Sin , ■ Callaway E , , i3 - Vice President PLG/tag 1X04,/U - ipt Cl 1250 NE Loup 410 • Stale 800 • San .'Antonio. IX 78209 • 210/822 -0200 Pllune • 210/820 -3361 Pan • L' -mail pc:allxwayriLcullawaydevelupmem .cum Sent By: CALLAWAY COMPANIES; 2108203361; Mar -18 -04 4:47PM; Page 1/1 CALLAWAY DEVELOPMENT CORPORATION Page L. Callaway Executive vice President March 18, 2004 Ms. Jennifer Prochazka VIA FACSIMILE TRANSMISSION City of College Station and U.S. MAIL Development Services 1101 Texas Avenue College Station, TX 77842 Dear Ms, Prochazka: Callaway Development Corporation, owner of the land referenced in the Rezoning Case 04 -28, respectfully requests that the City of College Station remove said rezoning case from the March 25 City Council meeting. We will provide at least two weeks' notice to have this case placed back on the agenda at some time in the future. I appreciate your assistance with this matter. If you have any questions, please don't hesitate to contact me at (210) 822 -0200. Sincer • age away PLC: cc: Rabon A. Metcalf, P_ E. Rabon Metcalf Engineering P. O. Box 9253 College Station, TX 77842 (979) 690 -0329 6 L 04,116 1250 N.H. Loop 410 • Suite S00 • San Antonio, TX 78299 • 210A/224200 • 210/820 -:1361 Fox 2L0/867 -5733 Mobile •E-mril pcallowxy (qcr 1 ydevelopooept.cum CALLAWAY DEVELOPMENT CORPORATION Page L. Callaway Executive Vice President March 18, 2004 Ms. Jennifer Prochazka VIA FACSIMILE TRANSMISSION City of College Station and U.S. MAIL Development Services 1101 Texas Avenue College Station, TX 77842 Dear Ms. Prochazka: Callaway Development Corporation, owner of the land referenced in the Rezoning Case 04 -28, respectfully requests that the City of College Station remove said rezoning case from the March 25 City Council meeting. We will provide at least two weeks' notice to have this case placed back on the agenda at some time in the future. I appreciate your assistance with this matter. If you have any questions, please don't hesitate to contact me at (210) 822 -0200. Sincerely, ., / //1 Page L . laway PLC: • • cc: Rabon A. Metcalf, P. E. Rabon Metcalf Engineering P. O. Box 9253 College Station, TX 77842 (979) 690 -0329 04.116 (..)-1\\C / 1250 N.E. Loop 410 • Suite 800 • San Antonio, TX 78209 • 210/822 -0200 • 210/820 -3361 Fax 210/867 -5733 Mobile •E -mail pcallawa∎ a callawaydevelopment.com Nov 22 04 01:18p Callaway 210 -829 -4610 p.l ✓a \Vx I\ CALLAWAY DEVELOPMENT CORPORATION FACSIMILE TRANSMISSION TO: Bridgette George FAX NO.: (979) 764 -3496 FROM: Page Callaway DATE: November 22, 2004 PAGES: 2 including this cover page If you have any difficulty receiving this facsimile transmission, please call Sue at (210) 822 -0200. CONFIDENTIALITY NOTICE This facsimile is intended only for the use of the addressee. If the addressee of this facsimile is a client or agent, you are further advised that the facsimile contains legally privileged and confidential information which we intended to send to the addressee only. In any event, if you are not the intended recipient of the facsimile, you are hereby notified that you have received this facsimile inadvertently and in error. Any review, dissemination, distribution or copying ofthis is strictly prohibited. Ifyou have received this facsimile in error, please immediately note us by telephone and return the original facsimile to us at the address below via the United States Postal Service. We will reimburse any costs you incur in notifying us and in returning the facsimile to us. • 1250 N.E. Loop 410 • Suite 800 • San Antonio, TX 78209 • 210/822-0200 •210/820 -3361 Fax 210/867 -5733 Mobile • E -mail pcallaway @callawaydevelopment.com Nov 22 04 01:18p Callaway 210 p.2 • r AL, IT AWAY DFVTIF FMENT CORPORATION Page L. Callaway Executive Vice President November 22, 2004 Ms. Bridgette George Assistant Development Manager City of College Station P. 0. Box 9960 College Station, TX 77842-9960 RE: 13.76 acre tract on Marion Pugh Road Dear Ms. George: Please include the above-referenced tract on the City Council Agenda for Tuesday, December 21, 2004. Sincerely( ( 1 ZP -19. A4/(A Page . Call ay PLC:so ; j ■)■,11 41). Si 800 Sith I 4i ;12ttn 2-'2-( 2 13,S(jr:' 5720 't 1:111:! 1c;■11:M;1 Hirt% :ES (IC". eh fl /111(.0.1:(1ill AIMCO Apartment Investment and Management Company City of College Station Development Services 1101 Texas Avenue South PO Box 9960 College Station, TX77842 June 21, 2004 To Whom It May Concern: Re: Consideration of an ordinance Rezoning 13.768 Acres located on the East side of Marion Pugh Drive approximately 500' south of the intersection of George Bush Drive from C -1 General Commercial to R -6 High Density Multi- Family. This is formal notification by the owners of Treehouse II Apartments to the City of College Station that the rezoning ordinance referenced above is at this time opposed by us. We would seek (1) formal review of the traffic impact plan and (2) formal review of the drainage plan prior to approval of this project. t 1 t race Logan Y g Director of University Communities 6(tiaoup 4582 SOUTH ULSTER STREET PARKWAY • SUITE 1100 • DENVER, COLORADO 80237 • TELEPHONE (303) 757 -810 • _. 759 3226 Callaway Rezoning (04 -28) l SAM: The applicant is requesting rezoning in order to develop the property as a multi - family housing complex. As stated in the staff report, the City has joined this application to rezone The Luther Street Right -of -Way. Luther Street has been closed in this area since the 19q0's. The rezoning of the Right -of -Way is not an approval of the right -of -way abandonment. The abandonment will be submitted to the City Council for consideration at a later date. The vacant property across the Luther ROW to the south is zoned R- 4 and M -1. The developed apartments across Marion Pugh are zoned R -6. AERIAL: The land use plan designates this property as residential attached, so the request is in compliance with the land use plan. The location of the rezoning is also supported by the City's development policies which attempt to locate multi - family in close proximity to Texas A &M. Staff is recommending approval. Information on Multi- family Housing in College Station: The Comprehensive Plan proposes 1,043 acres of Residential Attached in specific locations. There are currently 1,357 acres zoned multi - family, R -4 or R -6. 950 total acres developed as multi - family 841 acres developed as apartments & condominiums and 109 acres developed as group housing (off campus dorms) 203 acres zoned multi - family, but undeveloped. However, these are not necessarily in areas where we desire multi - family growth. Approximately 204 acres zoned multi - family, but developed as other uses. Approximately 26 acres (in various locations) currently zoned for multi- family, but undeveloped, within one mile of Texas A &M University campus. Current occupancy rates for multi - family units: 86% B /CS area 87% College Station Current occupancy rates for all rental units: 85% B /CS 86% College Station Texas rental vacancy rates in 2003 (Census Bureau) were 14.1 %. A certain level of vacancy is generally needed for ease of movement, housing choice, and affordability. R -6 allows 30 dwelling units per acre. 14 acres approximately 500 feet south of the GBD and Marion Pugh Inter section 2007 - possible grade separation with Railroad and wellborn going over GBD. Marion Pugh would remain open. RAILROAD: residential proximity to the tracks...the same issues will be present as with any use in that location. Luther was closed in the 1990's...will not reopen, will not get railroad crossing and there is a possibility to abandon the ROW. AIMCO Apartment Investment and Management Company City of College Station Development Services 1101 Texas Avenue South PO Box 9960 College Station, TX77842 June 21, 2004 To Whom It May Concern: Re: Consideration of an ordinance Rezoning 13.768 Acres located on the East side of Marion Pugh Drive approximately 500' south of the intersection of George Bush Drive from C -1 General Commercial to R -6 High Density Multi- Family. This is formal notification by the owners of Treehouse II Apartments to the City of College Station that the rezoning ordinance referenced above is at this time opposed by us. We would seek (1) formal review of the traffic impact plan and (2) formal review of the drainage plan prior to approval of this project. racey Logan Director of University Communities o� -ag 4582 SOUTH ULSTER STREET PARKWAY • SUITE 1100 • DENVER, COLORADO 80237 • TELEPHONE (303) 757 -810 • -. - i 759 -3226 GLAST, PHILIPS & MURRAY A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS 2200 ONE GALLERIA TOWER 13355 NOEL ROAD, LB. 48 R. Craig Warner DALLAS, TEXAS 75240 -6657 HOUSTON (972) 419.8314 (972)419 -8300 (713) 237 -3111 cwarneraigern-law.corn TaaooPiER (972) 419 -8329 April 14, 2005 Chicago Title Insurance Company 700 N. St. Mary's, Suite 125 San Antonio, Texas 78205 Attention: Michael Guerra Re: ACC OP (Callaway Villas) LP ( "Purchaser")/Acquisition of 13.768 acres in Brazos County, Texas (the "Property") from Callaway Development Corporation ("Seller"); Our File No. 01144.1006 Dear Mr. Guerra: This law firm represents Purchaser in connection with the above- referenced matter. Yesterday, you received and executed our instruction letter dated April 13, 2005 ( the "Instruction Letter "). In the Instruction Letter, you agreed not to close the transaction or disburse the Funds (as defined in the Instruction Letter) or closing documents until and unless certain conditions occurred, including without limitation my execution of the Instruction Letter for a second tune. As we discussed, I intend to execute the Instruction Letter for a second time after I receive from the City of College Station ("City") a letter on the City's letterhead signed by an authorized representative of the City and addressed to Purchaser stating unequivocally that (a) the City Council passed an official City ordinance (the "Ordinance') on April 14, 2005 which changed the zoning designation of the Property to "R-6" in accordance with applicable laws and ordinances and (b) the Ordinance is, as of April 14, 2005, final and non - appealable, which letter shall otherwise be in fonn and substance reasonably satisfactory to Purchaser. Chicago Title Insurance Company April 14, 2005 Page 2 Should you have any questions or comments regarding this matter, please do not hesitate to call. Sincerely, , GLAST, P n a LIPS & Y,1 B. i I AllAAVAlligl‘4,/,,e . Craig W 1 '1 cc: Brian Winger : �f _ q C CHARLES A. ELLISON, P. C. ATTORNEYS AT LAW 302 HOLLEMAN DRIVE EAST SUITE 76 COLLEGE STATION, TEXAS 77840 -7000 MAILING ADDRESS P.O. BOX 10103 COLLEGE STATION, TEXAS 77842 -0103 CHARLES A. ELLISON TELEPHONE: (979) 696 -9889 AMY L. CLOUGH• FACSIMILE: (979) 693 -8819 BRADLEY T. SHARPE SUSAN E. GOODSON 'also licensed in Wisconsin April 22, 2005 VIA HAND DELIVERY Mr. Joey Dunn Development Services City of College Station 1101 Texas Avenue S College Station, TX 77840 Re: Callaway Rezoning Dear Joey: I represent Callaway Development Corporation regarding the attempted rezoning of their land along Marion Pugh Drive. As you know, the Council declined the application for rezoning on Thursday, April 14, 2005. Please allow this letter to serve as a request, pursuant to Article 3.2 E. 2 of the U.D.O., for the Planning & Zoning Commission (the "P &Z') to consider whether the new information submitted in this letter is sufficient to allow a new zoning application on the tract before the 6 month limit. After much consideration, my client, in response to concerns expressed by the Council, is willing, at its cost, to extend Marion Pugh Drive to Holleman over the right -of -way which is already owned by the City of College Station. The Council was quite concerned about the traffic and we believe that this new information might have reasonably affected their review of the rezoning application. Article 3.2 E. 2 allows a new rezoning application if the P &Z finds that the extension of Marion Pugh Drive to Holleman is additional information that was not available on April 14, 2005 and, if available, might reasonably have affected the Council's review of the rezoning request. Please allow this letter to serve as a request for a hearing before the P &Z on May 5, 2005 to allow them to consider whether this new information might have reasonably affected the Council's decision. If the P &Z determines that this new information might have reasonably affected the Council's review, my client will resubmit their zoning application for another rezoning hearing before the P &Z and Council. Thank you for your assistance and cooperation in this matter. Ve truly yours, 't Ch les A. Ellison CAE:bg cc: Page Callaway CALLAWAY DEVELOPMENT CORPORATION March 10, 2005 City of College Station Development Services & Planning C/O Bridgette George, Assistant Development Manager 1101 Texas Avenue College Station, Texas 77842 Re: Rezoning Request Ms. George: Per Page Callaway's request, please find enclosed a check for the rezoning hearing for P & Z on March 17 and City Council on April 14 This is for the thirteen (13) acres on Marion Pugh. Thank you for your help. Sincerely, Sylvia A. Benavides : sm Encls ob 1 A.! . i.nup 4111 :tiui1e 8011 !Can Uituniu, 1 \ "8209'_ -02011 '.210'8211 -33(d 1 al. '1 -mail callaIN v deg elupmcnl (1 111 •11.0111) 0q From: "Sue Osborn" < sosborn @CallawayDevelopment.com> To: "Bridgette George (E- mail)" <bgeorge @cstx.gov> Date: 12/15/2004 12:13:10 PM Subject: 13.768 Acres on Marion Pugh Ms. George, at this time we wish to withdraw the request for zoning change for the above - referenced property from next Tuesday's meeting. I hope this does not inconvenience you. If you have any questions, please contact Page Callaway at (210) 822 -0200. Sue Osborn Callaway Development Corp. 1250 NE Loop 410, #800 San Antonio, TX 78209 (210) 822 -0200 (210) 820 -3361 fax «Sue Osborn (E- mail).vcf» CC: "Rabon Metcalf (E- mail)" <rmengineer @juno.com >, "Page Callaway" < pcallaway @CallawayDevelopment.com>