HomeMy WebLinkAbout06-8-89-3.3 - Resolution - 06/08/1989RESOLUTION NO. 6-8-89-3.3
A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICATION TO
THE TEXAS DEPARTMENT OF COMMERCE FOR PARTICIPATION IN THE
RENTAL REHABILITATION PROGRAM.
WHEREAS, the City Council has expressed an interest in
rehabilitating older property; and
WHEREAS, the Texas Department of Commerce has developed a
Rental Rehabilitation Program which provides financial
assistance to income property owners for the rehabilitation
of substandard rental property; and
WHEREAS, the Texas Department of Commerce requires that
rehabilitation work assisted through this program be done on
properties in eligible neighborhoods meeting specified
criteria, and that owners of properties so assisted rent
units predominantly to low income tenants for a period of
not less than ten (10) years following such rehabilitation;
and
WHEREAS, the neighborhoods in College Station wherein
according to most recent Census data such assistance may be
provided, as well as the activity to be assisted, are both
complementary to the City's ongoing Community Development
program; and
WHEREAS, owners of property within eligible neighborhoods
in College Station have shown in the recent past an interest
in participating in this program.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of College Station that the Mayor is authorized to make
application in the Texas Rental Rehabilitation Program; said
request being in the amount of One Hundred Thousand Dollars
($100,000).
PASSED AND APPROVED this 8th day of June, 1989.
APPROVED:
007316
STATE OF TEXAS
COUNTY OF BRAZOS
DEVELOPMENT AGREEMENT
WHEREAS, YOUNG BROTHERS, INC., and W.D. FITCH are preparing
to develop the Pebbles Creek subdivision in the area formerly
known as the Texas Centroid Ranch;
WHEREAS, YOUNG BROTHERS, INC., will be utilizing concrete in
the construction work;
WHEREAS, YOUNG BROTHERS, INC., desires to locate a temporary
batching plant at the location described in Exhibit "A", which is
attached hereto and incorporated herein by reference, to supply
concrete for the construction work;
WHEREAS, YOUNG BROTHERS, INC., has acquired the necessary
permits for locating a temporary concrete batching plant at the
location described in the attached Exhibit "A";
WHEREAS, the property is currently zoned A-O, Agricul-
tural-Open, and A-P, Administrative-Professional;
WHEREAS, the property as currently zoned may not be used as
a concrete batching plant;
WHEREAS, the CITY OF COLLEGE STATION Zoning Ordinance does
provide in S8.14 for the temporary location of construction
equipment and buildings on property for use in the construction
work;
WHEREAS, Zoning Ordinance S8.14 provides "[t]emporary build-
ings and equipment for uses incidental to construction work on
premises are allowed in any zone but shall be removed upon the
completion or abandonment of construction work";
WHEREAS, YOUNG BROTHERS, INC., has sought site plan review
of the project, which report of requirements is attached hereto
as Exhibit "B";
WHEREAS, YOUNG BROTHERS, INC., has had the project reviewed
by the Planning and Zoning Commission for screening requirements,
which report of requirements is attached hereto as Exhibit "C";
WHEREAS, the City Council of the CITY OF COLLEGE STATION has
ultimate review of the request and reviewed the original request
for the temporary batching plant on June 8, 1989, which minutes
of said meeting are attached hereto as Exhibit "D";
007.'517
WHEREAS, YOUNG BROTHERS, INC., has requested that the City
Council of the CITY OF COLLEGE STATION allow retail sales of con-
crete which are incidental to the construction work on the prem-
ises;
NOW, THEREFORE, PREMISES CONSIDERED, the parties hereby
agree as follows:
1. YOUNG BROTHERS, INC., shall be entitled to utilize the
property described in Exhibit "A" as a concrete batching plant
for a period of up to three (3) years, renewed on an annual
basis by the City Council. It is understood and agreed by the
parties that YOUNG BROTHERS, INC., is authorized by this agree-
ment to utilize the property as a concrete batching plant for one
(1) year from the execution of this agreement and that any conti-
nuation of this agreement must be approved by the City Council.
It is understood and agreed by the parties that the batching
plant shall be placed on the property for uses incidental to con-
struction work on the premises of the Texas Centroid Ranch
(Pebbles Creek subdivision) and construction of State Highway 6
South, Project Number F471(32). It is agreed and understood that
if retail sales of concrete which are not incidental to construc-
tion work on the premises of the Texas Centroid Ranch (develop-
ment of the Pebbles Creek subdivision), or work on projects other
than the subdivision infrastructure of the Texas Centroid Ranch
(Pebbles Creek subdivision), or construction on the Highway 6
project referenced above is to be performed, then the property
must be rezoned prior to any such use.
2. It is agreed by and between the parties that this use
will be on a temporary basis unless YOUNG BROTHERS, INC., seeks
and receives from the CITY OF COLLEGE STATION City Council a re-
zoning of the property to a zone in which the use is authorized.
In the event that YOUNG BROTHERS, INC., does desire to seek a
rezoning of the property, it is agreed that they will file an
application with the CITY OF COLLEGE STATION Planning Department
no less than ninety (90) days from the expiration of this agree-
ment. If the CITY OF COLLEGE STATION does not receive an appli-
-- 2 --
007318
cation by that date, it will be presumed that YOUNG BROTHERS,
INC., does not intend to seek a permanent continuation of the use
of the property as a concrete batching plant.
3. YOUNG BROTHERS, INC., shall be required to meet the re-
quirements of the CITY OF COLLEGE STATION ordinances, the CITY OF
COLLEGE STATION Project Review Committee site plan requirements,
Exhibit "B" hereto, and the screening requirements imposed by the
CITY OF COLLEGE STATION Planning and Zoning Commission, Exhibit
"C" hereto, prior to and for the issuance of a certificate of oc-
cupancy.
4. It is agreed that all existing paved streets, including
Marsh, Spearman, Green's Prairie Road, and any other streets
which may be used as trucking or hauling routes, must be main-
tained by YOUNG BROTHERS, INC., on a monthly basis. Monthly rou-
tine maintenance by YOUNG BROTHERS, INC., shall include but not
be limited to: pothole repair, street sweeping, vegetation con-
trol, grading, crack sealing, street leveling, concrete repairs,
and other maintenance as necessary or required by the City Engi-
neer. It is agreed that if at any time during the term of this
agreement, the City Engineer determines that a substantial pave-
ment failure has occurred on existing paved streets listed above,
then YOUNG BROTHERS, INC., will reconstruct the raodway to the
same street design and condition as existed at the outset of this
agreement.
5. YOUNG BROTHERS, INC., shall take appropriate measures
to minimize and control dust emanating from the property.
6. In the interest of furthering economic development in
the vicinity of this project, YOUNG BROTHERS, INC., agrees to
provide screening as required by the Project Review Committee of
the City of College Station when adjacent development occurs
during the term of this agreement. This screening requirement
shall be imposed upon receiving appropriate notice from the CITY
OF COLLEGE STATION.
7. It is agreed that utility service will be provided with
the issuance of the certificate of occupancy. It is further
- 3 -
007, 19
agreed that upon the expiration of this agreement the CITY OF
COLLEGE STATION shall no longer provide utility service unless a
permanent rezoning of the tract authorizing the use has been ap-
proved by the City Council of the CITY OF COLLEGE STATION.
8. In the event that upon the expiration of this agreement
the use of the property as a concrete batching plant has not
ceased, this agreement, along with a certified copy of the
minutes of the City Council meeting denying the rezoning applica-
tion, if there is one, or a sworn statement of the City Planner,
if there is no application, shall be sufficient evidence and con-
fession of judgment at an injunction hearing.
9. Venue shall be in a court of proper jurisdiction in
Brazos County, Texas.
10. It is agreed and understood that all previous agree-
ments and understandings shall be merged with this agreement and
this agreement shall constitute the entire agreement of the par-
ties. It is further agreed that any subsequent agreements shall
only be approved upon the execution of a written contract by and
between the parties.
11. No waiver of any of the terms of this agreement by the
CITY OF COLLEGE STATION shall constitute a waiver of any other
term of this agreement.
12. The terms of this agreement shall apply to the succes-
sors and assigns of the parties.
13. In the event that YOUNG BROTHERS, INC., does not cease
utilizing the property as a concrete batching plant upon the ex-
piration of this agreement, Young Brothers, Inc. hereby recog-
nizes and understands that for each day on which the premises are
utilized for a concrete batching plant, Young Brothers, Inc.
shall be subject to a criminal penalty.
14. In the event that YOUNG BROTHERS, INC., does not cease
utilizing the property as a concrete batching plant upon the ex-
piration of this agreement, YOUNG BROTHERS, INC., hereby agrees
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007320
and confesses judgment to the payment to the CITY OF COLLEGE
STATION of a civil penalty of One Thousand Dollars ($1,000.00)
per day.
15. The parties agree that upon the execution of this
agreement they shall each~rovide proof of authorization to sign.
SIGNED this the R~/~ay of ~~~/WFT/~//~
,1
989.
YOUNG BROTHERS, INC.
CITY OF COLLEGE STATION
ATTEST. ·
City Se~_~y
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the'~-~~'~
day of~ , 1989, by Larry Ringer as Mayor of the
City of College Station, a Texas Home Rule Municipality, on
behalf of said municipalilty.
CONNIE HOOKS
MY COMMISSION EXPIRES
BRAZOS COUNTY, TX.
No-t~ry Public in and for
the State of ]~xas . .; A,
Printed Name:l~
My Comm. Exp.:
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the
day of ~'~.~-~ , 1989, by A' ~- ~-~
~ ;'~ P,~L~_~. of Young Brothers, Inc., a Texas
corporation, on behalf of said corporation.
Notary Public in and for
the State of Texas
Printed
My Comm. Exp.:
- 5 -
007521
EXHIBIT "A"
CEMENT PLANT SITE
College Station, Texas
Metes and Bounds Description
of a
4.45 Acre Tract
Being a part of a 477.92 acre tract or parcel of land located in the
S.W. Robertson Survey A-202, Brazos County, Texas and recorded in
Volume 703, Page 8 of the Deed Records of Brazos County and being
more particularly described as follows;
BEGINNING at a point for corner, said point being the most northerly
corner of the rights-of-way line of Marsh Drive and Spearman Drive;
THENCE N. 41°13'04'' E. along the R.O.W. line of Spearman Drive,
a distance of 220.00 feet to a point for corner;
THENCE N. 48046'56" W. a distance of 200.00 feet to a point for
corner;
THENCE N. 14°13'04'' E. a distance of 445.50 feet to a point for
corner;
THENCE S. 75o46'56" E. a distance of 227.00 feet to a point for
corner;
THENCE S. 48°46'56'' E. for a distance of 200.00 feet to a point
for corner in the west R.O.W. line of Spearman Drive;
THENCE S. 41°13'04'' W. along the west R.O.W line of Spearman
Drive for a distance of 180.00 feet to a point for corner in said
west R.O.W. line;
THENCE S. 48046'56'' E. for a distance of 80.00 feet across
Spearman Drive to a point for corner in the east R.O.W. line of-
Spearman Drive;
THENCE S. 41°13'04'' W. along the east R.O.W. line of Spearman Drive
for a distance of 540.00 feet to a point for corner in said R.O.W.
line;
THENCE N. 48046'56" W. across Spearman Drive a distance of
80.00 feet to the PLACE OF BEGINNING containing 4.45 acres more or
less.
007 22
EXHIBIT
May 4, 1989
MEMORANDUM
TO:
FROM:
Planning and Zoning Commission
Bonnie Downs, Young Bros., Inc., Contractors
P. O. Box 674, Bryan, TX 77806
Project Review Committee: ~.~ Jim Callaway, City Planner .
Mark Smith, Assistant City Eflgineer
Lynn Colson & Doug Moore, P&Z Representatives
Others attending:
Harry Davis, Fire Marshal
Coy Perry, Building Official
Ray Havens, Electrical Superintendent
Kean Register, Lone Star Gas
LaYern Akin, GTE
Jim Smith, Solid Waste Superintendent
Kim Johnson, Planning Assistant
Shirley Yolk, Planning Technician
SUBJECT:
Parking Lot Plan/Development Agreement - Young Ready Mix
Plant (a temporary installation) to be located on a
tract of land along the south side of the extension of
Spearman Drive in the Texas Centroid Ranch (89-403)
The P.R.C. met on this date to review the parking lot plan and
development agreement proposed for the subject project, and
approved the site plan with certain conditions listed below, and
recommended approval of the Development Agreement with certain
conditions, also listed below.
SITE PLAN
~OLID WASTE: At this time a dumpster is not anticipated to be
required for this operation. The applicant may use plastic bags
placed adjacent to Spearman Drive for garbage/trash. Pickup will
be made twice a week.
LONE STAR GAS: If natural gas service is desired for this
project, it will require extension of an existing main.
Coordinate with Kean Register.
FIRE MARSHAL: If fuel tanks are to be included at this site, show
the general location on the site plan. Location of a fire hydrant
at or near the entrance to this site will be adequate. If the
applicant is planning to run a water line into the site,
007323
coordinate the best location for the fire hydrant with the Fire
Marshal's office.
ELECTRICAL: Furnish electrical load data requirements including
the voltage requirements and a breakdown of the motors and
starters to be used at this site. When the determination is made
as to the location of service to this site, whether to the north
or to the south, the point of service to this specific site will
be made. Coordinate with Ray Havens of the Electric Division. A
temporary blanket easement covering the entire site will be
required for utility lines. The City's Legal Division will
prepare the easement papers upon receipt of an exact legal
description of the land to be included in the easement.
GTE: Service to this site will be from the north. Run conduit
from the office and any other location of desired service to the
right-of-way of Spearman Drive. Coordinate with LaVern Akin.
BUILDING: No problems were identified.
ENGINEERIng: (1) Because this is a temporary facility, gravel
surface is appropriate. (2) Enlarge the site plan to include the
area from the driveway into this project to the existing pavement,
and provide specifications and plans for that road. (3) Easements
to cover utilities to this site will be required because Spearman
Drive is not a platted street, therefore, is not a public right-
of-way and there are no public utility easements in the area.
These easements are in addition to the previously required on-site
"blanket" easement. (4) Submission and approval of a Drainage and
Erosion Control Plan is required before development of the subject
site can begin.
The Project Review Committee (City Planner, P&Z Representatives
Assistant City Engineer) voted to approve the proposed gravel
surface for a period not to exceed the proposed 3 year temporary
use of this facility. If the facility is used longer than the
proposed 3 year period, an all weather surface will be required.
The Project Review Committee also voted to allow the use of this
facility without making provisions for a screening fence until
such time that any other development in the proximity takes place.
If that should occur prior to the end of the use of this facility,
a screen fence may then be required on this site.
The Project Review Committee also voted to have dust control
addressed in the Development Agreement, which should make the
developer responsible for taking any measures necessary to control
dust.
PLANNING: Any signage for this site must comply with ordinance
requirements.
DEVELOPMENT AGREEMENT
A development agreement is being required for this project because
the subject site is not zoned correctly to allow a project of this
P.E.(:. 89-403 continued 4-6-89 Page 1907524
type. In Section 8.14 of the zoning ordinance (Ord. #1637)
provisions are made for "...Temporary buildings and equipment for
uses incidental to construction work on premises are allowed in
any zone but shall be removed upon the completion or abandonment
of construction work. None shall be located on any public street
at any time during construction." The Planning staff is
uncomfortable in allowing this use at this location without a
Development Agreement, because the proposal is for the use to
serve more than simply being incidental to the development of the
Pebbles Creek subdivision.
The Project Review Committee voted to recommend approval of a
Development Agreement for this project if the draft agreement is
amended to include the following points:
1. Addition of language to the effect that if Spearman is paved
between now and before the end of the use of this facility,
maintenance by the developer to City Standards during the use of
the street is required, and reconstruction of the street to City
Standards by the developer is required following the termination
of the proposed temporary use.
2. AIl existing paved streets, i.e., Marsh, Spearman and Greens
Prairie Road, must be maintained by the developer to City
standards during the time of the use for this temporary facility,
and also must be rebuilt by the developer to City standards at the
end of the use for this facility.
3. Screening requirements if development in the area begins to
Occur,
4. All weather surface requirement for parking and driving areas
on the site if the facility is used longer than 3 years.
5. Dust control measures are required and will be the
responsibility of the developer.
THIS ITEH IS SCHEDULED FOR THE PLANNING AND ZONING AGENDA FOR THE
HEETING ON MAY 18TH. THE DEVELOPER IS RESPONSIBLE FOR SUBHITTING
11 COPIES OF THE REVISED SITE PLAN TO THE PLANNING DIVISION PRIOR
TO NOON ON FRIDAY, HAY 12TH FOR INCLUSION ON THE AGENDA. THE
LEGAL DIVISION IS RESPONSIBLE FOR SUBHITTING 11 COPIES OF THE
REVISED DEVELOPHENT AGREEHENT TO THE PLANNING DIVISION PRIOR TO
NOON ON HAY 12TH FOR INCLUSION IN THE PACKETS TO THE
COMHISSIONERS.
Any changes to an approved site plan must be approved by the
Planning Division.
P.R.C. 89-403 continued 4-6-89 Pag§( 7525
EXHIBIT
MINUTES - P&Z MEETING 5-18-89
AGENDA ITEM NO. 3: Consideration of a Development Agreement for
a temporary concrete hatching plant to be located along the north
side of the extension of Spearman Drive in the Texas Centroid
Ranch on the east side of S.H.6. (Parking Lot/Site Plan - Case
$86-403).
Mrs. Kee explained the request, showed slides of the area while she identified the
applicant and the subject tract, described the physical features, area zoning and
land uses of the tract and surrounding area, and pointed out the area is reflected as
Commercial on the adopted Land Use Plan.
She read section 8.14 of the Zoning Ordinance ($1638) which allows "...temporary
buildings and equipment for uses incidental to construction work on premises...", and
added that this Development Agreement was necessary for this project because the
applicant is requesting to use the hatching plant to provide concrete for the S.H.6
construction job currently under way. She also informed the Commissioners that the
P.R.C. reviewed the site plan and Development Agreement on May 4th, and approved the
site plan with conditions which the applicant has met, and recommended approval of
the Development Agreement with the inclusion of some of those conditions, which has
also been done in the revised Development Agreement under consideration at this
meeting. She then highlighted some of the terms of the agreement.
Mr. Colson asked if there are any se~er lines or anything running across this tract
and Mrs. Kee pointed out the applicant has granted a blanket easement to cover any
utilities necessary to serve the tract.
Mr. Dresser asked who dre~ up this agreement and Mrs. Kee replied that the City's
Legal staff and the applicant drew up the agreement, with the conditions of the
P.R.C. added after that review.
Mr. Esmond asked why the retail sales were being limited and Mrs. Kee explained that
the tract is not zoned for retail sales, and the zoning ordinance only allows
temporary facilities for uses incidental to the property on which it is located. She
added that the Development Agreement has been required in this instance because the
requested use is somewhat broader since it includes completion of the S.H.6 project.
Mr. Esmond asked if the use can legally be restricted and Mrs. Kee replied that it
Mr. Moore interjected that the P.R.C. reviewed this proposal in some depth, and the
revised agreement addresses all concerns listed as conditions at that meeting.
Mr. Dresser asked if this plant will be mixing only concrete, or if asphalt will be a
product as well, and Mrs. Xee replied that it will only be mixing concrete. Mr. W.
D. Fitch, co-developer of the Texas Centroid Ranch stated from the audience that he
is of the understanding that the only product will be concrete.
Mr. Dresser made a motion to recommend approval of the Development Agreement subject
to P.R.C. conditions. Mr. Colson seconded the motion which carried unanimously (6-
0).
007526
EXHIBIT "D"
MINUTES
CITY COUNCIL REGULAR MEETING
THURSDAY, JUNE 8, 1989
7:00 P.M.
COUNCIL MEMBERS PRESENT:
Mayor Ringer, Councilmembers Brown,
Haddox, Schneider,- Gardner,
Birdwell, and McIlhaney
STAFF PRESENT:
City Manager Ragland, Assistant
City Manager Brtmer, Assistant
City Attorney Banks, Community
Development Director Fette, zoning
Official Kee, City Engineer Pullen,
CIP Director Ash, Planning Director
Callaway, Council Coordinator Hooks
STUDENT GOV'T LIAISON:
Shannon Maloney
VISITORS PRESENT:
See guest register.
Aqenda Item No. 1 - Reconsideration of a revised master
preliminar~ plat - Southwood Valley Section 24 (89-302).
Mr. Callaway explained this item. He stated that the Council
approved a portion of this plat on March 9th, and tabled the
portion of the plat involving the extension of Welsh Street. At
that time, staff was directed to review that portion and return
to the Council with a report on the street extension. This
report was brought to Council in April, and Council directed the
staff to take the developer's revised plat back to the Planning
and Zoning Commission with the stipulation that any plat approved
for this section will provide for the extension of Welsh Street.
Subsequently, the developer withdrew the plat and resubmitted a
revised one before the Council at this time, which provides for
the extension of Welsh Street.
Councilman Birdwell
Councilman Schneider
imously, 7-0.
moved approval of the plat
seconded the motion which
as submitted
carried unan-
Aqenda Xt~ No. 2 - Consideration-of a Development Aareement
between the City of College Station and Younq Brotherst Inc.
contractorst to set conditions for allowing the temporary
installation of a concrete hatching plant in the Texas Centroid
Ra-ch~ along the north side of the proposed extension of Spearman
Drive~ east of SH6.
Zoning official Jane Kee presented this item. She stated that
this request is for approval of a development agreement for the
temporary installation of a concrete batching plant for the
007327
City Council Regular Meeting
Thursday, June 8, 1989
Page 2
construction of Pebble Creeks subdivision and Highway 6 South
project. The plant's location is approximately 220 ft. east of
the intersection of Marsh Blvd. and Spearman Drive, and it is
3.45 acres. The property is reflected as commercial on the land
use plan. Ms. Kee presented slides showing the site.
Ms. Kee pointed out that this item is before the Council because
the Zoning Ordinance has a section that allows for the placement
of temporary buildings and construction equipment and calls for
removal of such equipment when work is completed. The applicant
has also requested this agreement allowing them to provide
concrete to the Highway 6 south project. She specified the terms
of the agreement.
Councilman Haddox asked about one of the terms stated in the
agreement, "No Retail Sales." Ms. Kee replied that the Zoning
Ordinance does not allow retail sales in this zoning district; a
rezoning would be necessary if the applicant wanted to expand the
operation. The applicant has stated that they do not desire to
apply for rezoning at this time.
Councilman Birdwell asked if anyone has contacted Greenleaf
Hospital. Ms. Kee replied that she is not aware of any
notification to HCA Greenleaf. Councilman Haddox added that
conversations have been held between Mr. A.P. Boyd of Young
Brothers and Greenleaf regarding the location of the plant site.
The applicant, Mr. A.P. Boyd, addressed the Council. He referred
to Mr. Haddox's earlier comment and explained that Mr. Dennis
Goehring, of the CSEDF, talked with Greenleaf.
Councilman Haddox asked Mr. Boyd if the plant would be equipped
to move within a few days. Mr. Boyd replied that the plant can
be disassembled within twenty-four hours. He will work with the
Economic Development Foundation if a problem arises and the plant
becomes a displeasing site for a major prospect in the Park.
Mr. Boyd commented that he has no problem appearing before the
Council on an annual basis for renewal of this agreement.
Further discussion was held regarding concrete sales to builders
in the area.
Councilman Haddox moved approval of the development agreement
between the City and Young Brothers. Councilman McIlhaney
seconded the motion. The motion carried unanimously, 7-0.
The Council directed the Legal Department to pursue the issue of
retail sales to builders in the Texas Centroid Ranch area, and if
the development agreement could be extended to include additional
areas. Secondly, the staff should contact the Greenleaf Hospital
to let them be aware of the location of the concrete plant.
007328