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HomeMy WebLinkAboutDocuments MINUTES CONSTRUCTION BOARD OF ADJUSTMENTS Friday, July 10, 1992 4:00 PM Council Chambers MEMBERS PRESENT: Paul Swoboda, Bill Lewis, Pat Boyett, Jim Holster, and Tom Wilson. MEMBERS ABSENT: Danny Sustaire, Wick Mc Kean, Dan Sears STAFF PRESENT: Building Official Coy, Development Coordinator Shirley Volk, and Board Secretary Susan Cole AGENDA ITEM NO. 1: Call meeting to order. The meeting was called to order by Jim Holster. AGENDA ITEM NO. 2: Swear in new board members. City Councilman Fred Brown swore in new board members Paul Swoboda, Bill Lewis, Pat Boyett, Jim Holster, and Tom Wilson. AGENDA ITEM NO.3: Hear visitors. There were no visitors. AGENDA ITEM NO. 4: Approve minutes from meeting on May 21, 1992. Pat Boyett made a motion to approve the minutes from the meeting on May 21, 1992. Tom Wilson seconded the motion and passed (5-0). AGENDA ITEM NO. 5: Public hearing for variance request for lot 9 block 2 of Pecan Tree Estate Subdivision. Building Official Perry presented the staff report to the Board. Mr. Perry stated the applicant would like to build a washateria without bathrooms in the building; however the Standard Building Code requires a bathroom. Mr. Perry stated that the property is low income housing in a community development program. He went on to say that the installation of a restroom would make it safer for residents doing laundry, i.e. less chance of theft and violence. Tom Wilson asked if there is a stipulation for source of water in the facility. Coy Perry replied that there has to be a drinking water fixture. Bill Lewis asked if a lavatory is required. Mr. Perry stated that there will have to be one service sink or one drinking fountain. Jim Holster opened the public hearing for anyone to speak for or against the variance request. Doug Pederson, owner of Twin City Development, approached the board to speak in favor of the variance request. Mr. Pederson explained that Twin City Development owns 20 duplexes on Oney Hervey. The duplexes have only washer connections which is the reason Twin City Development wants to build a the washateria. The proposed project is an effort to improve the neighborhood. He said he had discussed the project with the legal and building departments when the dispute about the restroom occurred,with the result being preparation of the development agreement handled out before the meeting. Mr. Pederson went on to say the development agreement is prudent to the city, since this will be a commercial use in a residential zone. He stated the building would have a key access only for the residents with an exit only backdoor. He said the Standard Building Code considers this a public facility but the development agreement with the city defines the relationship between the facility and duplexes as a "development" and therefore it is not a public facility. Bill Lewis expressed concern for health and safety of children whose parents were doing laundry for several reasons including lack of facilities encourages going to the bathroom outside; lack of handwashing facilities is dangerous because accidents and spills of washing compounds and chemicals could occur and water for cleaning skin and eyes would be necessary; and lack of attendant on duty could encourage theft and vandalism. Tom Wilson asked how use of the facility will be limited to tenants and about the possibility of becoming a commercial business in the middle of this residential neighborhood. Mr. Pederson said the tenants'key that fits the duplex will also fit the laundry facility. He also stated outside lights will be installed and directed patrols will be done by the police department in order to keep as much control as possible. He added that without the washateria, the duplexes would have to be redesigned to accommodate the dryers, and an effort will be made to limit the use to tenants only. Paul Swoboda asked Coy Perry if every apartment complex has the same plumbing requirement. Coy Perry answered yes. No one else spoke. Jim Holster closed the public hearing. AGENDA ITEM NO. 6: Consideration of the above variance request. Pat Boyett stated the Board has guidelines that need to be followed. He read the following out of the 1988 Standard Plumbing Code: The Board of Adjustments and Appeals when so appealed to and after a hearing, may vary the application of any provision of the Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest, or when in its opinion the interpretation of the Plumbing Official should be modified or reversed. He went on to say he thought requesting Twin City Development to comply with the Standard Plumbing Code was not an injustice. He said the possibility of people using the outdoors as a bathroom will cause a health and safety risk to the tenants. CBA Minutes July 10, 1992 Page 2 Bill Lewis said he feels very strongly that sanitary standards need to be met. Tom Wilson stated if the Board grants this variance, this case could set a precedent. Doug Pederson stated he did not realize that all apartment complexes with washaterias had to have a restroom and agrees with that requirement if it is standard operating procedure. He said his company wants to provide an amenity. Pat Boyett made motion to deny the variance request because to authorize this variance would be contrary to public safety, health, and general welfare and be in violation of Standard Plumbing Code 922.2. Tom Wilson seconded the motion which passed(5-0). AGENDA ITEM NO. 7: Other Business. Mr. Boyett asked about the use of ash in concrete. Building Official Perry replied it is primarily a cold weather treatment, but it can also be used to absorb some of the heat. Jim Holster stated it is not a violation of the Standard Building Code to use in the winter or the summer. Paul Swoboda stated that are several grades of ash and said Type C ash can be used as a filler with cement. He referred anyone interested in learning more to call TMPA. Tom Wilson inquired as to what happened with the Hecox house. Coy Perry stated he believed the house was completed. Mr. Wilson also asked about the Eastmark property and Mr. Perry stated he hasn't heard anything since the meeting. AGENDA ITEM NO. 8: Adjourn. Tom Wilson made a motion to adjourn the meeting. Bill Lewis seconded the motion and was carried (5-0). APPROVED: Chairman Dan Sears ATTEST: ;walt 6o1/ Board Secretary, Susan Cole CBA Minutes July 10, 1992 Page 3 ,, AGENDA TIEM COVER SHEET IIv ITEM SUBMITTED BY: Jane Kee, Senior Planner 4/),(� 1 FOR COUNCIL MEETING OF: June 2 , 1992 (C nse 0/0/ DIRECTOR APPROVAL: \• ,'\ \\.0)/ \ (lb EXECUTIVE DIRECTOR APPROVAL: ibirC. Kr& ITEM: Consideration of a development agreement to allow the construction of an accessory laundry facility for the use of the duplexes on Oney Hervey. Ownership of the duplexes and the proposed laundry room is in the name of Twin City Properties. The building will be a part of the Oney Hervey rental rehabilitation project that will be funded through the City's Community Development Department. ITEM SUMMARY: This agreement will allow an accessory use to be the only use on a separately platted lot. The use of the lot may continue with the condition that the building serve only those duplexes that are under the ownership of Twin City Properties. The use must cease when lots come under separate ownership. STAFF RECOMMENDATION: Staff recommends approval COUNCIL ACTION DESIRED: Approval or denial of agreement SUPPORTING MATERIALS: 1. Draft: development agreement 4,1111111111111pir.. .."111111111111114111q1 e a11111101 Q m R 0 0 I < win rfalleitall kr:NA 41111,o_ Do 0 gym . �����NEy NERVEy pR `L „foal 11.11116-1 M , AGENDA T1'EM COVER SHEET ITEM SUBMITTED BY: Jane Kee, Senior Planner FOR COUNCIL MEETING OF: June 2 , 1992(C nse DIRECTOR APPROVAL: l 7 f ti EXECUTIVE DIRECTOR APPROVAL: l ad /„"' \ ITEM: Consideration of a development agreement to allow the construction of an accessory laundry facility for the use of the duplexes on Oney Hervey. Ownership of the duplexes and the proposed laundry room is in the name of Twin City Properties. The building will be a part of the Oney Hervey rental rehabilitation project that will be funded through the City's Community Development Department. ITEM SUMMARY: This agreement will allow an accessory use to be the only use on a separately platted lot. The use of the lot may continue with the condition that the building serve only those duplexes that are under the ownership of Twin City Properties. The use must cease when lots come under separate ownership. STAFF RECOMMENDATION: Staff recommends approval COUNCIL ACTION DESIRED: Approval or denial of agreement SUPPORTING MATERIALS: 1. Draft: development agreement STATE OF TEXAS COUNTY OF BRAZOS DEVELOPMENT AGREEMENT This Agreement is entered into this the day of , 1992 , by and between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (hereinafter re- ferred to as "CITY") , and TWIN CITIES DEVELOPMENT, a Texas Limited Partnership (hereinafter referred to as "TWIN CITIES") . WHEREAS, TWIN CITIES is the owner of Lots 1 - 12 , Block 1, of Pecan Tree Estates and Lots 1 - 8, Block 2 of Pecan Tree Estates; WHEREAS, TWIN CITIES plans to renovate the properties; WHEREAS, TWIN CITIES desires to utilize these properties for rental housing as a condition of receiving low interest loans from the City of College Station Office of Community Development; WHEREAS, TWIN CITIES desires to construct a laundry and 2 storage facility on Lot , BlockIof Pecan Tree Estates for the tO l O C k z 4 1 -12_ sole use of the tenants residing on Lots 1 - 12, f Block 1 of Pecan Tree Estates; (/ WHEREAS, COLLEGE STATION can interpret all of the lots under their ownership as a single building plot for the purpose of reviewing this project; WHEREAS, the City of College Station Zoning Ordinance defines an accessory use as: ACCESSORY USE OR STRUCTURE OR BUILDING: A building, structure, or use which: 061792 di/c/agreement/Twin A. is subordinate to and serves a primary use or principal structure; B. is subordinate in area, extent, or purpose to the primary use served; C. contributes to the comfort, convenience, or necessity of occupants of the primary use served; D. is located within the same zoning district as the primary use; and E. in residential districts is not used for commer- cial purposes other than legitimate home occupations, and is not rented to other than bona fide servants employed on the premises and members of the family of the occupant(s) of the principal structure. Examples of accessory buildings, structures or uses include, but are not limited to, private garages, green- houses, living quarters for family or servants, tool sheds, radio or television antennae or bathhouses. Persons are related within the meaning of this section if they are related within the second degree of consanguinity or affinity. NOW, THEREFORE, for and in consideration of the recitations above and in consideration of the promises and covenants herein expressed, the parties do hereby agree and covenant as follows: 1. TWIN CITIES may construct a laundry and storage facility on Lot 9, Block 1 of Pecan Tree Estates. 061792 di/c/agreement/Twin — 2 - 2 . TWIN CITIES shall limit use of the laundry and storage facility to those residents residing on Lots 1 - 8 and Lots 10 - 12 , Block 1 of Pecan Tree Estates and Lots 1 - 8, Block 2 of Pecan Tree Estates_. Access to the laundry and storage facility shall be by issued key only. 3 . TWIN CITIES may not sell any of the lots (Lots 1 -12 , Block 1 and Lots 1 - 8 of Block 2 of Pecan Tree Estates) without the prior notification of COLLEGE STATION. 4 . In the event that TWIN CITIES does sell Lot 9, Block 1 of Pecan Tree Estates to an owner other than the owner of the other lots then the laundry use and/or storage facility use shall immediately cease. 5. No commercial use shall be made of the premises (Lot 9 , Block 1 of Pecan Tree Estates) at any time. 6. In the event that TWIN CITIES, its successors or assigns, violates the terms of this Development Agreement, TWIN CITIES agrees as follows: A. That the tendering of this document with a sworn statement of the City Planner that TWIN CITIES is in default of the terms herein shall constitute sufficient evidence for confession of judgment and TWIN CITIES agrees that it does hereby confess judgment; B. That CITY shall be entitled upon twenty-four (24) hours' notice posted on the premises to discon- nect all utility service and withdraw any Certificate of Occupancy previously issued; C. That CITY shall be entitled to an injunction against TWIN CITIES prohibiting the use of the premises for any commercial purpose to which the public is invited; or 061792 di/c/agreement/Twin - 3 - D. That CITY shall be entitled to Two Hundred Dollars ($200. 00) per day for each day that TWIN CITIES fails to come into compliance with this Agreement and City ordinances. 7 . All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below: Twin Cities Properties, Ltd. 1004 South Coulter Bryan, Texas 77803 Phone: (409) 779-1275 City of College Station City Planner P. O. Box 9960 College Station, Texas 77840-0960 Phone: (409) 764-3570 All notices and documents shall be deemed received when mailed with sufficient postage and deposited in a regular mailbox of the United States Post Office. The parties may change addresses upon thirty (30) days ' written notice sent certified mail, return receipt requested. 8. This Development Agreement shall be filed of record in the Official Records of the Brazos County Clerk, Brazos County, Texas. 9. Neither this Agreement nor any interest therein shall be assigned without the prior consent of COLLEGE STATION. The terms of this Development Agreement shall apply to TWIN CITIES, its heirs, successors and assigns. 10. TWIN CITIES agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, 061792 di/c/agreement/Twin - 4 - suits and liability of every kind, including all expenses of litigation, court costs, and attorney' s fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with this Development Agreement. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liability arise in whole or in part from the negligence of CITY. 11. This Development Agreement has been made under and shall be governed by the laws of the State of Texas. Venue shall lie in a court of competent jurisdiction in Brazos County, Texas. If it is determined that the CITY OF COLLEGE STATION had no authority to enter into this Development Agreement, then TWIN CITIES agrees that it shall immediately cease utilizing the premises for a laundry, each party being considered to be returned to the position it was in before this Development Agree- ment was entered into except that Section 9 shall remain in full force and effect. 12 . In the event of litigation, TWIN CITIES agrees to pay and shall pay all of the attorney's fees, court costs and other litigation costs of CITY. 13 . TWIN CITIES shall provide proof of its authorization to execute this Development Agreement, which proof of authorization to sign is attached hereto as Exhibit A. 061792 di/c/agreement(Twin - 5 - Executed this the day of 1992 . TWIN CITIES PROPERTIES CITY OF COLLEGE STATION BY: BY: Doug Pederson Mayor Larry Ringer BY: Jack Threadgill ATTEST: Connie Hooks, City Secretary APPROVED: Ron Ragland, City Manager APPROVED AS TO FORM: Cathy Locke, City Attorney APPROVED AS TO FINANCING: Glenn Schroeder, Executive Director Fiscal & Human Resources 061792 di/c/agreement/Twin — 6 - THE STATE OF TEXAS ) ACKNOWLEDGEMENT COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared as of TWIN CITIES DEVELOPMENT, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 1992 . Notary Public in and for The State of Texas THE STATE OF TEXAS ) ACKNOWLEDGEMENT COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared LARRY RINGER, as Mayor of the City of College Station, a Texas Municipal Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed. Given under my hand and seal of office on this the day of 1992 . Notary Public in and for The State of Texas 061792 di/c/agreement/Twin - 7 - I II 1133 ONEY-HERVEY um LOT 9, BLOCK 2 , i 11111111 PROPOSED SITE OF ' War LAUNDROMAT/STORAGE FACILITY 111 11111111111.1111m I 111111 1111111111111 - PHOENIX ST I I III 1111111111 II III IIII ill 111 II I ill III II L111111111111111111111111num ARIZ❑NA ST mIIIIIIIIIII 1131 ONEY HERVEY II IIIIIIIIII 11111 II 111 I I z ' Q Ul C - 2 ¢' N.T.S. 11111111 11111 t9 . Ilimi City of College Station, Texas (Alio CASE NUMBER: ZONINGANDAPPEALS B❑ARD OF ADJUSTMENTS TYPE OF CASE: 6 - 17 - 92 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS STAFF REPORT Case Number: 92-005 Applicant: Doug Pederson Twin City Development 604 E. 27th. Street Bryan, Texas 77803 Telephone: (409) 822-5104 Property Owner: Twin City Properties 1004 South Coulter Drive Bryan, Texas 77803 Telephone: (409) 775-2291 Location of Property: 1133 Oney Hervey College Station, Texas 77840 Description of Property: Lot 9 Block 2 Pecan Tree Estates Subdivision Zoning of Property: R-2, Duplex Action Requested: A variance allowing a small laundromat (commercial facility) to be constructed and occupied with the required sanitary facilities as required by the plumbing code. Applicable Ordinances: The variance is requested to ordinance #1919 of the City of College Station Code of Ordinances Chapter #3 appendix #5 the 1991 Standard Plumbing Code section 922.2.2. This section requires that every building and each subdivision of a building provide sanitary facilities for both sexes. However, note #6 to Table 922 allows the use of a single facility for both sexes when self service laundries are less than 1,400 square feet in area and only one facility would be required. Staff Comments: This section of the would require a single facility with one water closet and a lavatory. That facility ordinance would have to be accessible for the physically disabled. Additionally, Table 922 would require that a drinking fountain be provided for the facility also. The installation of the required fixtures as outlined by section 922.2.2 and Table 922 would insure that the sanitary standards established by the plumbing code are met. The only exemption to this requirement is in a a residential unit. CONSTRCUTION BOARD OF ADJUSTMENTS AND APPEALS Case Number 92-00.6 Name of Applicant DOUG PFDFRSON Mailing Address 604 E. 27th ST. BRYAN TX 77803 Telephone Number (409) 822-5104 Name of Property Owner TWIN CITY PROPERTIES Mailing Address 1004 S. COULTER BRYAN TX 77803 Telephone Number (409) 775-2291 LOCATION OF PROPERTY Address VACANT LOT, WOULD BE 1133 ONEY—HERVEY, COLLEGE STATION 71ZcE1/41 E Lot 9 Block 2 Subdivision (8 ) Description if Applicable VACANT LOT Action Requested I PROPOSF TO MITI D A SMAI I I AUN!DROMAT ' STORAGE FACILITY ON ONEY—HERVEY TO BE USED ONLY BY MY TENANTS. I OWN THE ENTIRE STREET OF ONEY—HERVEY, 40 UNITS, OR 20 DUPLEXES. I DO NOT WISH TO HAVE TO BUILD BATHROOMS IN THE LANDRY MAT. Current Zoning of Subject Land RESIDENTIAL Applicable Ordinance Section 922.2 COMPLETE THE FOLLOWING FOR A VARIANCE REQUEST The following specific variation from the ordinance is requested. This variance is necessary due to the following special conditions. UNNECESSARY CONSTRUCTION COSTS. MY TENANTS, WHO LIVE IN A 2 BLOCK RADIUS, ALL HAVE ACCESS TO OPERATING COMFORTABLE BATHROOMS IN THEIR OWN UNITS. THE TENANTS ON ONFY-HFRVFY WLlI BF THE ONLY ONES AlIOWFD TO USE THE LAUNDRY FACILITIES. The following alternatives to the requested variance are possible. NnT TO BUILD THE LAUNDROMAT This variance will not be contrary to the public interest by virtue of the following facts: TT TS A PRIVATE FAC T I TTY , 4n RATHRDDMS SURROUND THE LAUNDRY IIP AND DOWN THE STREET. OUR TENANTS ARE EXCITED ABOUT THE FACILITY, THE CITY HAS AGREED TO A DOCUMENT ( IN PRINCIPAL) THAT WOULD MAKE THE LAUNDRY AN ACTUAL PART OF THE DUPLEXES, NOT ABLE TO BE SOLD OFF SEPERATELY, THUS NOT A COMMERICAL BUILDING. The facts stated by me in this application are true and correct to the best of my knowledge. 9 JUNE 1992 �, Applicant Date MEMORANDUM TO: Kevin Dennis, Twin City Development FROM: Sabine Kuenzel, Staff Planner DATE: June 2, 1992 RE: Construction of laundry facility on lot 10, Oney-Hervey Drive Yesterday you asked if the R-2 zoning on this property will permit a laundry room and storage facility on this lot. The proposed use is accessory to residential use, which would be permitted on any residential building plot if it is meant to serve an existing principal use. This particular lot does not have a principal structure on it,but due to the fact that all of the duplexes your company is in the process of renovating, we can view this whole area as a single "building plot" and that this structure will be accessory to the duplexes. Should the lots contained within this building plot come under separate ownership, the lot must be made available to return to a residential use. Permission is therefore granted to build said facility with the stipulation that it will not be open to the public. cc: Joe Carroll, Community Development Administrator Jim Callaway, City Planner 44, APPROVED FOR PERMIT— . • DATE O - / ow� Planning i ,. ..A .. /. ',4,414 0 enginearing Arbllc S«rrlcsa i Utl/itladee a - ci `rc ���l Water/ ,._....,►� . .f — Q -roc vJ/ c rv�c` � I� s«nlratlon Electric Or-6W r� '' • Fir« f��6F 14° 1 - 5 - `ice Suild/n' Landscaping, r u- - ,�-►— Drainage °polio/4j Pe- omit t1ESD l - 5L-D. T(P Rla.cFte" E`RnfJ6NIJN02. .I 'Dail e i4/2-°4 NT MUdT cc VEIJ I) o 577-c crues E 6140 hkACr ME � GoD�E, 10 ' a- -4 ex.) Ly 1,,e 3 Ptc>/e e f LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, JULY 8, 1992 BILL TO: The City of College Station P. O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING The College Station Construction Board of Adjustments and Appeals will hold a public hearing to consider a variance request by Twin City Properties of the following property: Lot 9, Block 2, of the Eastmark Subdivision, zoned R-2 Duplex. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at 4:00 p.m. meeting of the Board on Friday, JuLY 10, 1992. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989. For additional information, please contact me at (409) 764-3741. Susan Cole Building Technician CITY OF COLLEGE STATION Post Office Box 9960 1101 Texas Avenue College Station,Texas 77842-0960 (409)764-3500 June 17 , 1992 Doug Pederson 604 E. 27th St. Bryan, TX 77803 Dear Sir, The Construction Board of Adjustments and Appeals will meet on Friday, June, 26, 1992 at 4 :00 p.m. in the City of College Station Council Chambers to hear the variance request for Twin City Properties, case number 92-005, located at lot 9 block 2 of Pecan Tree Estates . If you have any question, please call me at (409 ) 764-3741 . Sincerely, /464a4(-- Susan Cole Building Technician encl: Home of Texas A&M University A 6 0 ' LOT ,BLE3cK iC LAUNDRY 51"-- p fp ONE HF AK V y DR. • , 546656 P STATE OF TEXAS ) COUNTY OF BRAZOS ) ,A, - ,.:171 -:_lef=a. 4 DEVELOPMENT AGREEMENT This Agreement is entered into this the ;?6/4- day of ( , 1992 , by and between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (hereinafter re- ferred to as "CITY") , and TWIN CITY PROPERTIES, a Texas Limited Liability Partnership (hereinafter referred to as "TWIN CITY") . WHEREAS, TWIN CITY is the owner of Lots 1 - 16, Block 1, of Pecan Tree Estates and Lots 1 - 18, excluding Lot 12 , Block 2 of Pecan Tree Estates; WHEREAS, TWIN CITY plans to renovate the properties; WHEREAS, TWIN CITY desires to utilize these properties for rental housing as a condition of receiving low interest loans from the City of College Station Office of Community Development; WHEREAS, TWIN CITY desires to construct a laundry and storage facility on Lot 9, Block 2 of Pecan Tree Estates for the sole use of the tenants residing on Lots 1 - 16, Block 1, and Lots 1 - 18, excluding Lot 12, Block 2 of Pecan Tree Estates; WHEREAS, COLLEGE STATION can interpret all of the lots under their ownership as a single building plot for the purpose of reviewing this project; 070892 4 di/c/agreement/Twin VO i.I,^c 1 00 WHEREAS, the City of College Station Zoning Ordinance defines an accessory use as: ACCESSORY USE OR STRUCTURE OR BUILDING: A building, structure, or use which: A. is subordinate to and serves a primary use or principal structure; B. is subordinate in area, extent, or purpose to the primary use served; C. contributes to the comfort, convenience, or necessity of occupants of the primary use served; D. is located within the same zoning district as the primary use; and E. in residential districts is not used for commer- cial purposes other than legitimate home occupations, and is not rented to other than bona fide servants employed on the premises and members of the family of the occupant(s) of the principal structure. Examples of accessory buildings, structures or uses include, but are not limited to, private garages, green- houses, living quarters for family or servants, tool sheds, radio or television antennae or bathhouses. Persons are related within the meaning of this section if they are related within the second degree of consanguinity or affinity. 070892 di/c/agreement/Twin - 2 - ,{ VOL 1J1 r �_�l NOW, THEREFORE, for and in consideration of the recitations above and in consideration of the promises and covenants herein expressed, the parties do hereby agree and covenant as follows: 1. TWIN CITY may construct a laundry and storage facility on Lot 9 , Block 2 of Pecan Tree Estates. 2 . TWIN CITY shall limit use of the laundry and storage facility to those residents residing on Lots 1 - 16, Block 1 of Pecan Tree Estates and Lots 1 - 18, excluding Lot 12 , Block 2 of Pecan Tree Estates. Access to the laundry and storage facility shall be by issued key only. 3 . TWIN CITY may not sell any of the lots (Lots 1 -16, Block 1 and Lots 1 - 18, excluding Lot 12 , of Block 2 of Pecan Tree Estates) without the prior notification of COLLEGE STATION. 4 . In the event that TWIN CITY does sell Lot 9 , Block 2 of Pecan Tree Estates to an owner other than the owner of the other lots then the laundry use and/or storage facility use shall immediately cease. 5. No commercial use shall be made of the premises (Lot 9, Block 2 of Pecan Tree Estates) at any time. 6. In the event that TWIN CITY, its successors or assigns, violates the terms of this Development Agreement, TWIN CITY agrees as follows: A. That the tendering of this document with a sworn statement of the City Planner that TWIN CITY is in default of the terms herein shall constitute suf- ficient evidence for confession of judgment and TWIN CITY agrees that it does hereby confess judg- ment; 070892 di/c/agreemenUTwin - 3 - 1 !I11 1112 B. That CITY shall be entitled upon twenty-four (24) hours' notice posted on the premises to discon- nect all utility service and withdraw any Certificate of Occupancy previously issued; C. That CITY shall be entitled to an injunction against TWIN CITY prohibiting the use of the premises for any commercial purpose to which the public is invited; or D. That CITY shall be entitled to Two Hundred Dollars ($200.00) per day for each day that TWIN CITY fails to come into compliance with this Agreement and City ordinances. 7 . All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below: Twin City Properties, L.L.P. 1004 South Coulter Bryan, Texas 77803 Phone: (409) 775-2291 City of College Station City Planner P. O. Box 9960 College Station, Texas 77840-0960 Phone: (409) 764-3570 All notices and documents shall be deemed received when mailed with sufficient postage and deposited in a regular mailbox of the United States Post Office. The parties may change addresses upon thirty (30) days' written notice sent certified mail, return receipt requested. 8. This Development Agreement shall be filed of record in the Official Records of the Brazos County Clerk, Brazos County, Texas. 070892 di/c/agreemenUTwin - 4 - VOL 1991 PAST 103 9. Neither this Agreement nor any interest therein shall be assigned without the prior consent of COLLEGE STATION. The terms of this Development Agreement shall apply to TWIN CITY, its heirs, successors and assigns. 10. TWIN CITY agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with this Development Agreement. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liability arise in whole or in part from the negligence of CITY. 11. This Development Agreement has been made under and shall be governed by the laws of the State of Texas. Venue shall lie in a court of competent jurisdiction in Brazos County, Texas. If it is determined that the CITY OF COLLEGE STATION had no authority to enter into this Development Agreement, then TWIN CITY agrees that it shall immediately cease utilizing the premises for a laundry, each party being considered to be returned to the position it was in before this Development Agree- ment was entered into except that Section 9 shall remain in full force and effect. 070892 di/c/agreement/Twin — 5 - YoI. 19910ASt:104 12 . In the event of litigation, TWIN CITY agrees to pay and shall pay all of the attorney's fees, court costs and other litigation costs of CITY. 13 . TWIN CITY shall provide proof of its authorization to execute this Development Agreement, which proof of authorization to sign is attached hereto as Exhibit . Executed this the 2CA, day of , 1992 . TWIN CITY, "• •E IES, L.L.P. CITY OF COLLEGE STATION ,/ 1 BY: BY: �-c�� --'� D•% g Pederson Mayor-Lai-Tyng-r---_S— BY: ini�,. w VJack Threadll ATTEST: ,l Connie Hooks, City Secretary APPROVED: t°--‘21A---' Ron Ragland, City Manager APPROVED AS TO FORM: _ Affilist, ct--- C. by .cke, City Attorney APPROVE AAS TO FINANCING: /7 /4/ Glenn Schroeder, Executive Director Fiscal & Human Resources 070892 di/c/agreement/Twin VOL 1991 FAG=-105 THE STATE OF TEXAS ) ACKNOWLEDGEMENT COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared (--11V--, e(-WiDCr1 as bE i ie{CL_ � of TWIN CITY PROPERTIES, a Texas Limited Liability Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the J ` day , 1992 . M.Fit)TH Notary Public in and for N_ <<��1 %`'"� The State of Texas THE STATE OF TEXAS ) ACKNOWLEDGEMENT COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared LARRY RINGER, as Mayor of the City of College Station, a Texas Municipal Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed. Given under my hand and seal of office on this the -D)- day of4A117 , 1992 . i Notary Public in and for The State of Texas 070892 di/c/agreement/Twin - 7 - vo. 1991 PA,':1 06 MEMORANDUM TO: Kevin Dennis,Twin City Development FROM: Sabine Kuenzel, Staff Planner DATE: June 2, 1992 RE: Construction of laundry facility on lot 10, Oney-Hervey Drive Yesterday you asked if the R-2 zoning on this property will permit a laundry room and storage facility on this lot. The proposed use is accessory to residential use, which would be permitted on any residential building plot if it is meant to serve an existing principal use. This particular lot does not have a principal structure on it,but due to the fact that all of the duplexes your company is in the process of renovating,we can view this whole area as a single "building plot" and that this structure will be accessory to the duplexes. Should the lots contained within this building plot come under separate ownership, the lot must be made available to return to a residential use. Permission is therefore granted to build said facility with the stipulation that it will not be open to the public. cc: Joe Carroll, Community Development Administrator Jim Callaway, City Planner � .-a N o o } r- > i J fiS611 0 COCI-N-" m ionul Q ` 3 „GO ,C occ N Z 0 J z 3 1 ' N • I t0 U N E-- 3 „Sb��b.55 N o. 0 Ir) J W 0 ,00•OZI _ NW J f- -92 1____+__________I ‘11' ° N M N � >"' a. a I ,9L 611 0.0 W I 3 „80,G0occ N � i a z _ N `3„8b �boS� N I Q c\i N OO OZ I na 3S z 3�1 „ 0 L Moa ' am '0� I ,86 611 ( 1--to N z --- { ' — N 9- W cc r Z. 3 „Ab 5b ocS N , G J O ,_ r ca = z �I _ 3 „80,5bo55 N N E "vEZ _ a W 000ZI I z c 3 Q I cocm CD >I o m d 0 W • I m tiw a 0 W o G, ,IZ .0Z1 71_____ v _ c oz a - 1 ° — a aZ C a io, 3 „8b ,5b o55 N jco N / z Z - 3 „8b,5ba55 N \ w c~ni wl — t OOOZ Ito . 3���a3S �Z � -- (Ni LI_O N 1 •:``k .ict.1- _3NI 1 •HMS 'NVS „9 '1S1X3 ,00.02 3 „Bb ,Sb oSri N w o G) x kiN v zCr a — cn Z I -72- - - - - —�f 1 I IWG^ W o 1 Y I.Jj z cnW / � F- W OD 7 ("' ; I� . , Li1Z , `i F- L -- III X _ ---� W I N- n to A A 6O ' 0 lilt Ari B , Lsj 4)/-.://t/A2x- LAUNDRY 5 e (-- c•\ , 0/VT /—/47. A< V .E_ y DR. ". A f 6 0 Lc), ! fl PLocK LAUNDRY - -+--j. > TORAGE. P Pr'O- P./1' ONE /L V E. y DR.