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Home My WebLink AboutCorrespondence -•� 05- (SI CITY OF COLLEGE STATION Planning dr Development Services September 8,2005 Mr.Bob Landers Development Manager Dovetail Development 126 Briarcliff Road,Suite 9 Athens,GA 30606 Re: Butler/ Schick Tract Development Access Issues Dear Mr. Landers: Thank you for meeting with us on Wednesday,August 10th to discuss the potential development of the Butler and Schick tracts. Following that meeting,we were informed by the Texas Department of Transportation that the design of the FM 2818 / Wellborn Road grade separation project is being modified and the impact to these tracts will be less adverse than originally expected.The ramp from westbound FM 2818 to northbound Wellborn Road is being removed and will be replaced with a free right-turn movement at the intersection. In effect,the removal of the intersection between Wellborn Road and Christine Lane is no longer needed. We also understand that meetings were held among members of the City Council last week to solicit participation from the City in various aspects of the project. At this time, we wish to provide a definitive answer to you regarding the City's position regarding this development. Christine Lane-The City understands that it may be your preference to continue with plans to have Christine Lane abandoned and use a series of private streets to provide circulation within the site. We are agreeable to support this request as long as the following public needs are met: Park Access -The City requests that the developer constpuct a street from Southwest Parkway to the south boundary of the existing park land. The roadway,which should be adjacent to the park,may be public or private. In the case that it is private,the City should be granted rights for park access. Park Land Dedication-The City requests that the remainder of the property between the existing park land and the proposed street described above be dedicated to the City to meet the parkland dedication requirement.This would provide a total of about ten acres for Southwest Park. Consideration of this is on the Parks Board agenda for Tuesday,September 13th. P.O.BOX 9960•1101 TEXAS AVENUE COLLEGE STATION •TEXAS•77842 979.764.3570 www.cstx.gov Mr.Landers September 8,2005 Page 2 of 2 Hike and Bike Trail-The City requests that the developer provide a corridor(forty feet or wider) along Bee Creek that would be suitable for a hike and bike trail.This could be provided by way of a property dedication or through a bike and pedestrian access easement. Utilities-Any utilities that currently use the Christine Lane corridor will either have to be relocated to a new utility easement, or a utility easement will have to be granted along the existing roadway. Thanks again for working with us on this project.If you have any questions or comments,please feel free to contact me or my staff. Sincerely, IA, Joey D , AICP Direc .r of Planning and Development Services cc: Glenn Brown,Interim City Manager Ken Fogle,P.E.,Transportation Planner Alan Gibbs,P.E.,Assistant City Engineer Trey Fletcher,Senior Planner Steve Beachy,Parks and Recreation Department Director Ric Ploeger,Parks and Recreation Department Assistant Director Greg Taggart,Municipal Development Group STORM STORM LLP Gr INTELLECTUAL PROPERTY LAW PATENTS•COPYRICFITS, •TRADEMARKS LITIGATION•PROSECUTION•LICENSING /9‘ PAUL V.STORM (fir,COUNKI:I, TORN W.MACPETE BANNG OF AMERICA PLAZA CHRIS J.K1,.ING 901 MAIN STREET,SUITE 7100 JUrrN G.FISCHCnR ROBIN L.BARNES DALLAS,TEXAS 75202 MARK 17,PIIR our TERRELL R.MILLER JOHN J.PATTI www,ALr,1PLAw.COM WRITER'S DrRIIC:T PHONE•.. GEORGE M.TOMPKINS (214)347-4711 FACSIMILE (214)347-4799 CHRISKLING@ALLIPLAW.COM December 1, 2005 City of College Station by fax:979/764-3496 ATTN: Mr. Trey Fletcher,Project Manager 1101 Texas Avenue College Station, Texas 77840 Re: Butler tract 73.45 ac. • FM 2818 &FM 2154 ("the Property") Dear Mr. Fletcher: As you know I represent the Q.D. Butler Family Partnership LTD ("the Partnership"), owner of the Property. A tract known as Christine Lane abuts the Property on two sides. I understand that an application to abandon Christine Lane has been filed with the City of College Station by either Dovetail Development L.L.C.("Dovetail") or Municipal Development Group on behalf of Dovetail. Please be advised that Dovetail has breached that certain Agreement for the Purchase and Sale of Real Estate in which Dovetail is Purchaser and The Partnership is Seller("Agreement"). Accordingly, the applicant,Dovetail or Municipal Development Group,does not have any legitimate basis to request the abandonment of Christine Lane. Please be advised that the Partnership opposes and does not consent to the abandonment of Christine Lane. Please contact me with the date,time and place of any public hearing or contemplated action by either the College Station City Council or any City department concerning the abandonment of Christine Lane. If you have any questions or if I can provide additional information,please do not hesitate to contact me. STORM LLP City of College Station Trey Fletcher, Project Mgr. December 1,2005 Page 2 Sincerely, Chri J. Kling C: Q.D. Butler, Family Partnership LTD MDG by fax 979/693-4243 ATTN: Greg Taggart Michael A. Morris by fax: 706/354-4544 Blasingame, et al. 2 STORM LLP 91 —Og INTELLECTUAL PROPERTY LAW 5 / PATENTS•COPYRIGHTS•TRADEMARKS �� LITIGATION•PROSECUTION•LICENSING PAUL V.STORM OF CQUNSW, T JOHN W.MAcPETE BANK OF AMERICA PLAZA CHRIS J.KUNG 901 MAIN STREET,SUITE 7100 JOHN C.FISCr-MIR ROBIN L.BARNES DALLAS,TEXAS 75202 MARK A.PERDI)E G�7 - TERRELL R.MILLER JOHN J.PATTI WWWALLTPLAW.COM WRITER'S DIRECT PHONE GEORGE M.TOMPKINS (214)347-4711 FACSIMILE (214)347-4799 CH RI SK LING@ ALL IPLA W,COM December 2, 2005 City of College Station by fax:979/764-3496 ATTN: Mr. Trey Fletcher, Project Manager 1101 Texas Avenue College Station,Texas 77840 Re: Butler tract 73.45 ac. FM 2818 &FM 2154 ("the Property") Dear Mr. Fletcher: Please by advised that I represent the 0.D. Butler Family Partnership LTD ("the Partnership"), owner of the Property and O.D. Butler Management Company, James G. Butler, individually and as Trustee of the 0.17. Butler. Family Trust,Jan Butler, individually and as Trustee of the Jan. B. Loveless Separate Property Trust dated May 17, 2002 and Ogbourne D. Butler III ("Butler Parties"). A tract known as Christine Lane abuts the Property on two sides. 1 understand that an application to abandon Christine Lane has been filed with.the City of College Station by either Dovetail Development L.L.C. ("Dovetail")or Municipal Development Group on behalf of Dovetail. Please be advised that the Partnership and the Butler Parties do not oppose and hereby consent to the abandonment of Christine Lane. Any and all opposition to the abandonment of Christine Lane previously communicated to the City of College Station by or on behalf of any of the Butler Parties is withdrawn. If you have any questions or if I can provide additional information please do not hesitate to contact me. STORM LLP ' City of College Station Trey Fletcher, Project Mgr. December 2, 2005 Page 2 Sincerely, r it is 3. Kling # .. C: O.D. Butler Family Partnership LTD 2 STORM LU' INTELLECTUAL PROPERTY LAW PATENTS•COPYRIGHTS*TRADEMARKS LITIGATION•PROSECUTION•LICENSING OP CQCJN$lil. PAUL V.STORM COUNNCi JOHN W.MACPETE BANK OF AMERICA PLAZA JOHN CHRIS J. K HEO 901 MAIN STREET,SUITE 7100 MARK G. ISCHFR ROBIN L.BARNES DALLAS,TEXAS'75202 ERDUE TERRELL R.MILLER PEIONE .IOHNJ.PATTI WWW.ALLIPLAW.COM. WRITER'S DIRECT(DI4)34PHO E GEORGE M.TOMPK►NS 1 FACSIMILE (214)347-4799 cli RT SKLINO@ALLT PL AW.CO M October 10, 2005 City of College Station by fax:979-7643496 ATTN: Mr. Trey Fletcher,Project Manager 1101 Texas Avenue College Station,Texas 77840 Re: Butler tract FM 2818 & FM 2154 ("the Property") Dear Mr. Fletcher: I represent the O.D. Butler Family Partnership("the Partnership"), owner of the above- referenced property. The Partnership consents to the development plans of Dovetail Development, L.L.C.("Dovetail")for the Property which include the following: 1. water boring under FM 2818 to bring water, to the site 2. sanitary sewer adjustment to increase usable building area 3. full land development permit 4. preliminary plat approval Please contact me if the Partnership's further participation in this matter is necessary or appropriate. Sincerely, lk Chr s T. Klinti STORM LLP Mr. Trey Fletcher City of College Station,Texas October 14, 2005 Page 2 C: Allyson Butler O.D. Butler Family Partnership by fax: 979-696-4655 Bob Landers Dave Mulkey Dovetail Development by fax: 706-552-3881 Greg Taggart MDG by fax: 979-693-4243 Michael A. Morris, Esq. Blasingame, Burch, Garrard, Bryant&Ashley,P.C. by fax: 706-354-4544 (*111 41111 CITY OF COLLEGE STATION /I-7AL/4/774-r 0 tel/ G.,/ 619-- -1--.;t_14:--e-- fc We) )1,-flt 1,7(CC-C-4 -? G �l 'ti 14/fr60,.E 1101 TEXAS AVENUE•COLLEGE STATION•TEXAS•77840• www.cstx.gov (irff44 111111111ftCITY OF COLLEGE STATION �� Planning d Development Services September 8,2005 Mr. Bob Landers Development Manager Dovetail Development 126 Briarcliff Road,Suite 9 Athens,GA 30606 Re: Butler/ Schick Tract Development Access Issues Dear Mr. Landers: Thank you for meeting with us on Wednesday,August 10th to discuss the potential development of the Butler and Schick tracts. Following that meeting,we were informed by the Texas Department of Transportation that the design of the FM 2818 / Wellborn Road grade separation project is being modified and the impact to these tracts will be less adverse than originally expected.The ramp from westbound FM 2818 to northbound Wellborn Road is being removed and will be replaced with a free right-turn movement at the intersection.In effect,the removal of the intersection between Wellborn Road and Christine Lane is no longer needed. We also understand that meetings were held among members of the City Council last week to solicit participation from the City in various aspects of the project. At this time, we wish to provide a definitive answer to you regarding the City's position regarding this development. Christine Lane-The City understands that it may be your preference to continue with plans to have Christine Lane abandoned and use a series of private streets to provide circulation within the site. We are agreeable to support this request as long as the following public needs are met: Park Access-The City requests that the developer construct a street from Southwest Parkway to the south boundary of the existing park land.The roadway,which should be adjacent to the park,may be public or private. In the case that it is private, the City should be granted rights for park access. Park Land Dedication-The City requests that the remainder of the property between the existing park land and the proposed street described above be dedicated to the City to meet the parkland dedication requirement. This would provide a total of about ten acres for Southwest Park. Consideration of this is on the Parks Board agenda for Tuesday,September 13th. P.O.BOX 9960•1101 TEXAS AVENUE COLLEGE STATION •TEXAS•77842 979.764.3570 www.cstx.gov 4 Mr.Landers September 8,2005 Page 2 of 2 Hike and Bike Trail-The City requests that the developer provide a corridor(forty feet or wider) along Bee Creek that would be suitable for a hike and bike trail.This could be provided by way of a property dedication or through a bike and pedestrian access easement. Utilities-Any utilities that currently use the Christine Lane corridor will either have to be relocated to a new utility easement,or a utility easement will have to be granted along the existing roadway. Thanks again for working with us on this project.If you have any questions or comments,please feel free to contact me or my staff. Sincerely, Joey D ,AICP Direc cr of Planning and Development Services cc: Glenn Brown,Interim City Manager Ken Fogle,P.E.,Transportation Planner Alan Gibbs,P.E.,Assistant City Engineer Trey Fletcher,Senior Planner Steve Beachy,Parks and Recreation Department Director Ric Ploeger,Parks and Recreation Department Assistant Director Greg Taggart,Municipal Development Group STORM LLP INTELLECTUAL PROPERTY LAW PATENTS•COPYRIGHTS•TRADEMARKS LITIGATION•PROSECUTION•LICENSING PAUL V.STORM OF COUNSEL JOHN W.MACPUE BANK OF AMERICA PLAZA CHRIS J.KUNG 901 MAIN STREET,SUITE 7100 JoHN 0.FISCHER ROBIN L.BARNES DALLAS,TEXAS 75202 MARK D.PERDUE TERRELL.R.MILLER JOHN J.PATTI WWW.A LLIP LA W.COM WRITER'S DIRECT PHONE GEORGEM.TOMPKINS (214)347-471.1 FACSIMILE(214)347-4799 CHRISKLING@ALLIPLAW.COM September 20, 2005 Mr. Bob Landers Via facsimile 706-552-3881 The Dovetail Companies 126 Briarcliff Rd., Ste. 9 Athens, Georgia 30606 Re: Butler Tract-College Station, Texas 73.51ac. • Dear Mr. Landers: As you know, I represent the O.D. Butler Family Partnership ("the Partnership"). Please direct all communications to me. I have a copy of the MEMORANDUM dated September 13, 2005, from Trey Fletcher, Project Manager-City of College Station, to Gregory K. Taggart of Municipal Development Group ("MDG"), concerning the preliminary plat of the above-referenced property and the Abandonment of Public Row-of-Way/Easement Application concerning Christine Lane filed by Gregory K. Taggart of MDG with the City of College Station ("the Application"). Several of the Staff Review Comments address the circumstance I raised in my August 29th letter to you. [See Staff Review Comments no. 7, no. 11. k) and perhaps no. 11.a).] Now, some three weeks later, this circumstance remains unresolved. As previously stated, MDG and Mr. Taggart are not authorized to represent the Partnership. The Partnership intends to cooperate and perform its contractual obligations. I suggest that we discuss this matter in further detail. Our Iast telephone conversation ended with you stating that Dave (David R. Mulkey) would contact me. He hasn't, yet. While I hesitate to set a deadline, I am compelled to do so in order to protect my client's interests. Friday, September 23, 2005, at 3 p.m. is the deadline for Mr. Mulkey to contact me and resolve my client's concerns related to this transaction. STORM LLP Mr. Bob Landers The Dovetail Companies September 20, 2005 Page 2 I'm confident we can allay my client's concerns if we can have a substantive discussion. I look forward to a contact from you and/or Mr. Mulkey. Sincerely, fib Chris J. Kling C TK/k r cc: Allyson Butler(via mail) O.D. Butler. Family Partnership Gregory K. Taggart(via fax: 979-693-4243) Municipal Development Group Michael A. Morris, Esq. (via fax: 706-354-4544) Blasingame, Burch, Garrard,Bryant&Ashley, P.C. Trey Fletcher, (via fax: 979-764-3496) Project Manager, City of College Station,Texas LDOVETAILDOVETAIL DEYLLPDIDT.LLC %"tia 1 r£S:%i1iiFML August 18, 2005 Planning& Development Attn: Joey Dunn 1101 Texas Ave College Station, TX 77840 Joey, This letter is to serve as notice that we have authorized Greg Taggart and Lee Adams of MDG to sign on behalf of Dovetail Development, LLC, all applications required for street abandonment, zoning, platting, and permitting approvals within the city of College Station, TX. What is commonly referred to as the Butler Tract is currently under contract by our firm with the Butler family. Our contract allows for Dovetail Development to execute such applications, affidavits, and other documents as necessary to obtain the necessary approvals, zoning, and permits for our intended use. Should you need to speak with the Butler's for verification, Allyson Butler can be reached at (979)696-1718. The parcel located at the corner of Southwest Pkwy and Wellborn Rd, commonly referred to as the Hill or Schick tract, has been under our ownership since August 10, 2005. If any further clarification is required from our office, please contact me at (706)338- 7919. Thank you, 464 der,e1-4tvi Bob Landers Development Manager 08/31/2005 16:55 FAX 9797643737 CCS PARKS & REC. Z002 Mew= Wentwv&ic DOVETAIL �I Rend,thine Athens,Geer&308108 DEVELOPMENT (708)5823980 prams (7O )582.38E1 N►t� G Q N C¢1 V t I k'E!ti T E I Nr X A o,+ wsr wwwatladorets1kompee yes oom August 23, 2005 Steve Beachy Director of Parks&Recreation 1000 Krenek Tap Road College Station, TX 77842 Steve, Based on our discussions with you during our meeting on August 10,we have prepared this proposal to the College Station Parks&Recreation Department for our park land dedication requirement'for the Woodlands of College Station protect. This protect vv'i I - -- contain 545 condominiums. Our understanding of the regulations is that a multi.family development is required to dedicate 1 acre per 125 dwelling units or$452 per dwelling unit to the city of College Station. This equates to a land dedication of 4,36 acres or a fee of$:246,340. Our discussions have indicated that the city's preference for our proiect is for a land dedication that will complete the existing Southwest Park and that will allow it to assume a usable form. As part of our project,we will be constructing a road front Southwest Pkwy to Christine Lane,just south of the creek. We will require a 15 ft buffer north of this road for landscaping. The city of College Station and Dovetail Development will work to an agreement on the amenity composition of the park. As shown on the attached drawing,the remaining land north of the new road bounded by the buffer to the southwest, Southwest Pkwy to the northwest, and existing park lands to the northeast and southeast comprises an area of 4,64 acres. Our land cost in this area is$122,583 per acre,with a total value of$568,785. _. — _ _We are_propossing_aland.dedication in..this_area,..atavalue equal to the.required.fe_e_ __ . _ _ amount of$246,340,with the remaining acreage to be acquired by the city of College Station at a value equal to our cost. The total amount due to Dovetail Development will be$322,445. We look forward.to working with you on this development and are pleased that we are able to assist the city in resolving the decades old issue of what to do with Southwest Park. . Thank you,. Bob Landers r_.. . • I�. 08/31/8005 16:50 FAX 9797643737 CCS PARKS & REC. 2003 m ' ., ..- •/ / '‘ ' / ��` ' � ' ` • // � �� ~'_-_- - - _- ' _- .-_--__ ' _ _-- '- _ � ___---- -_ �/ - - . -__ '--- . � y ri(,,..„..:: :yi.,...,.........• •• / - ` • �� --. ,_ .... _ ...... • ,....... / ~ �/' � • .,, • / | . |� / . ~ ' / � � i. • ''' ~ '' |i ~' ......._ i '' . From: Kristan Weaver To: Bike & Hike Task Force Date: 9/12/2005 1:33:24 PM Subject: Fwd: Hike& Bike Task Force recommendations Task Force members: Please see the attached email. As we were preparing to take your recommendations to City Council, Management felt that we needed to re-visit the Drainage Advisory Board recommendation. Please let me know if any of you have any questions or concerns! I will keep everyone updated as to the status of our City Council presentation. Thanks again for all of your hard work&dedication! -kristan Kristan D. Weaver Greenways Program Manager City of College Station Phone: 979.764.3844 Fax: 979.764.3489 E-mail: kweaver@cstx.gov Web: www.cstx.gov CC: Davis, Amber; Fletcher, Trey From: Mark Smith To: Glenn Brown; Steve Beachy Date: 9/12/2005 12:35:06 PM Subject: Hike& Bike Task Force recommendations Staff met with representatives from the Hike& Bike Task Force on Friday, 9/9/05. The task force members present were Scott Shafer, Tom Woodfin and Robert Rayburn. Staff members present were Roxanne Nemcik, Kristan Weaver, Charles McLemore and myself. The purpose of the meeting was to discuss the task force's recommendation (attached) in preparation of presenting these recommendation to Council. In particular, we wanted to discuss the group's recommendation that the City form a Drainage Advisory Board (DAB). I explained to the members that I was not in favor of the DAB for a couple of reasons. First, because of the demand on staff and administrative resources that this board would create and, second, that by adding another review step to the development process it may slow the process at a time when we are working to streamline that process. I suggested that I we could discuss and understand what the task force wanted the DAB to accomplish and maybe we could find alternative methods of meeting those needs. In general, the task force feels that greenways issues are not being adequately considered in the development process and that greenways needs to be represented with the same degree of importance as parks. Without this level of attention it is feared that the greenways program will not succeed. The task force members suggested that this could be accomplished if the Parks Board would broaden its scope to include the greenways mission. The task force felt that this would require some fundamental changes in the approach that the Parks Board and Parks staff take in parkland considerations. The Shick- Butler development proposal that is currently in process was mentioned as an example where a significant greenways opportunity may be missed because the Parks Board recommendation opts for"the square park on high ground" rather than the larger greenway with hike & bike trails connections. I expect that Scott Shafer, being the P&Z chair will want to discuss this when the item goes before the commission. We will not be ready to discuss the task force's recommendations at the September 21 workshop as I feel that we need to have more discussions at the staff level before first. Mark Smith Director of Public Works 979-764-3690 CC: Charles McLemore; Joey Dunn; Kristan Weaver; Roxanne Nemcik 15Q u... ;cog ,3- -. K izu � C . Gscouo � 0 `�' do C) ° tot70a o °Q o' CD 'o No 3 ; o ° o jiljH a � A . o o a, � a ! G 0 O p OH p' go P ~ 0r a «( N CD CD .c1Cr 4 $ QQ N C '' p,�O O .6+ � O --• VOQ 'o. (D CCD cn O CD O CD a: `.< .-. in' f� ' O I `< ,-11 69 69 W' 0 C I • (D '--. CD ,--f ./ "h CD '--. Ch C. C r'D CD 0.' ,-001O 3 ".t II' 1' CD C CD '-tC. 0 a. "FD CD CM. < '0 5 0 0 OiQ z A)CD zr6` r4. CD • .4. .-+ CD 8. cr. CCD .- �• ,DD .. • CCD '••'.. •w- a: O N!-� n G CCD = 5 p • CD CD a 5' 4 CD n CD OG .y �i W . g ' '