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HomeMy WebLinkAboutCorrespondence Page 1 of 2 Lauren Hovde - Re: Vesting Issue From: Lauren Hovde To: Carla Robinson Date: 7/15/2010 4:33 PM Subject: Re: Vesting Issue Good point. Thank you!! Lauren Amelia Hovde '06 Staff Planner Planning&Development Services Department 979-764-3570 >>> Carla Robinson 7/15/2010 4:28 PM >>> Lauren, The definition of'filed' in the UDO is 'the point at which an application has been determined to be complete and all required fees have been paid'. How about changing 'filed' to 'recorded'? Also, I would suggest that you not send my whole opinion to the developer. It's really my legal advice to you. Can you just give him the summarized simple explanation that the new preliminary plat will extend the vesting another 24 months? Thanks, Carla Carla A. Robinson First Assistant City Attorney Legal Department Phone: (979) 764-3507 Fax: (979) 764-3481 Email: crobinsonacstx.gov City of College Station Home of Texas A&M University® This e-mail and/or attachment is for the sole use of the intended recipient(s) and may contain confidential and /or legally privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all electronic and paper copies of the original message and any attachments. Thank You. >>> Lauren Hovde 7/15/2010 3:12 PM >>> There are a few facts that I changed. Will you look over the changes and let me know if you are still ok with this email being sent? Lauren Amelia Hovde '06 Staff Planner Planning&Development Services Department file://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4C3F385DCity... 10/20/2010 Page 2 of 2 979-764-3570 >>> Carla Robinson 7/14/2010 3:52 PM >>> Lauren, Recently you had an issue related to a development in which the developer had master planned a project in 2006, preliminary platted in 2006, and had a final plat approved in 2006 that was not filed. The developer is seeking to submit another preliminary plat. The developer asked you whether filing the new preliminary plat will protect the vested status of the project another two years or five years. Please let me know if the facts are different than I have described as different facts may change my opinion. In response to your question, if no progress is made on the project subsequent to the approval of the second preliminary plat in 2010, the project will continue to be vested for an additional 24 months. Under the UDO, any individual permit expires 24 months from the date of filing if no progress has been made towards completion of the project. Sec. 3.1.H.1. For projects requiring more than one permit, the project expires 5 years from the date the first complete application is filed if no progress is made towards completion. Sec. 3.1.H.2. In this case, the five year period for the project began when the master plan was filed in 2006 and the project is vested until 2011. The developer did make some progress on the project. He preliminary platted the property in 2006 and had a final plat approved in 2006. Even though the final plat expired in 2008, the project is still vested until 2011. Since the developer continues to make progress on the project by submitting another preliminary plat in 2010, the project will not expire for 24 months (2012) from that date in the event that no further progress is made. If the developer decides to file the final plat within that two years, the expiration date is extended another 12 months from the date the final plat is filed, and so on. Please let me know if you have any questions. Thanks, Carla Carla A. Robinson First Assistant City Attorney Legal Department Phone: (979) 764-3507 Fax: (979) 764-3481 Email: crobinson©cstx.gov City of College Station Home of Texas A&M University® This e-mail and/or attachment is for the sole use of the intended recipient(s) and may contain confidential and /or legally privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all electronic and paper copies of the original message and any attachments. Thank You. file://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4C3F385DCity... 10/20/2010 ikaute CITY OF COLLEGE SIIcTION Planning d Development Services 1101 Texas Avenue,P.O. Box 9960 College Station,Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM September 8,2006 TO: David Borsack,Owner via fax# 846.0652 FROM: Crissy Hard and Jason Schubert,Staff Planners SUBJECT: OAKLAND RIDGE (PP)- Preliminary Plat Staff reviewed the above-mentioned preliminary plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. If all comments have been addressed and the following information submitted by Tuesday, September 12, 10:00 a.m., your project will be placed on the next available Planning and Zoning Commission meeting scheduled for September 21, 7:00 p.m. in the City Hall Council Chambers, 1101 Texas Avenue. Two (2) 24"x 36"copies of the revised preliminary plat; Fifteen (15) 11"x 17"copies of the revised preliminary plat; One(1) Mylar original of the revised preliminary plat;and, One (1) copy of the digital file of the preliminary plat on diskette or e-mail to sgriffin@cstx.gov and awelsh@cstx.gov;and Upon receipt of the required documents for the Planning& Zoning meeting,your project will be considered formally filed with the City of College Station. Please note that if all comments have not been addressed,your project will be pulled from the scheduled Planning & Zoning Commission agenda. Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting. http://www.cstx.gov/home/index.asp?page=2481. If you have any questions or need additional information,please call me at 979.764.3570. Attachments: Staff review comments cc: Earl Havel,Technical Resources&Development,via fax# 696.3040 Case file#06-00500178 Home of Texas A&M University (11111'*ffill" CITY OF COLLEGE STATION Planning&Development Services 1101 Texas Avenue,P.O. Box 9960 College Station,Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM August 28,2006 TO: David Borsack,Owner via fax# 846.0652 FROM: Crissy Hartl and Jason Schubert,Staff Planners SUBJECT: Oakland Ridge -Preliminary Plat(06-500178) Staff reviewed the above-mentioned preliminary plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. If all comments have been addressed and the following information submitted by Tuesday, September 5,your project will be placed on the next available Planning& Zoning Commission meeting scheduled for September 21, in the City Hall Council Chambers, 1101 Texas Avenue: Two (2) 24"x 36" copies of the revised preliminary plat; Upon receipt of the required documents for the Planning& Zoning meeting,your project will be considered formally filed with the City of College Station. Please note that if all comments have not been addressed,your project will be pulled from the scheduled Planning & Zoning Commission agenda. Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting. http://www.cstx.gov/home/index.asp?page=2481. If you have any questions or need additional information,please call me at 979.764.3570. Attachments: Staff review comments cc: Earl Havel,Technical Resources &Development via fax#696.3040 Jay Dotson, Owner—120 Mile Drive,College Station,TX 77845 Z.T.D.,Inc,Owner—4710 River Oaks,Kingsland,TX 78639 Gary Arnold,Brazos County Planning&Traffic,via fax#775.0453 Case file#06-00500178 TRANSMISSION VERIFICATION REPORT TIME : 08/28/2006 17: 36 NAME . FAX . TEL . SER.# : 000L5J596800 DATE,TIME 08128 17: 36 FAX NO./NAME 97750453 DURATION 00: 00: 31 PAGES) 03 RESULT OK MODE STANDARD ECM (4,11C11111114111 CITY OF COLLEGE STATION Planning d Development Services 1101 Texas Avenue, P.O. Box 9960 College Station,Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM August 28,2006 TO: David Borsack, Owner via fax#846.0652 FROM: Crissy Hart!and Jason Schubert, Staff Planners SUBJECT: Oakland Ridge - Preliminary Plat(06-500178) Staff reviewed the above-mentioned preliminary plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. If all comments have been addressed and the following information submitted by Tuesday,September 5,your project will be placed on the next available Planning& Zoning Commission meeting scheduled for September 21, in the City Hall Council Chambers, 1101 Texas Avenue: Two (2)24"x 36"copies of the revised preliminary plat; Upon receipt of the required documents for the Planning& Zoning meeting, your project will be considered formally filed with the City of College Station Please note that if all comments have not been addressed,your project will be pulled from the scheduled Planning & Zoning Commission agenda. Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. Once your Page 1 of 2 Crissy Hart! - RE: Oakland Ridge Subdivision From: "Randy Trimble" To: "Crissy Hartl" Date: 9/11/2006 10:37 AM Subject: RE: Oakland Ridge Subdivision CC: "Josh Norton" , , 'Tom Brent" Crissy, After visiting with Earl Havel last week, we decided that a 15' PUE centered on all interior lot lines will work. Under Electrical Notes, there will possibly be pole(s) located on the property and guy attachments into the property (versus additional poles on the adjoining property)to accommodate the re-route of the overhead lines presently going through the property. Therefore, the note using the following language granting a "5' wide easement for anchors and guy wires necessary to help support overhead utility lines. Easement will extend 20' beyond any utility easement" needs to be shown on this and all future plats. Therefore, the last sentence under Electrical Notes needs to be removed. Please convey to the developer that it is possible to remove the over head lines crossing the property. However, to reduce the number of poles on the property, any overhead electric line removal will need to be coordinated with the installation of the electrical utilities associated with the project. The developer will be responsible for all costs associated with the relocation of any electrical lines. Line design can work with the developer on removal costs and any costs associated with the project as a whole. As before, please ask the developer to contact BTU Line Design at 821-5770 at least 150 days before power is needed to begin the process for providing power to the area. Thanks, Randy From: Crissy Hartl [mailto:Chartl@cstx.gov] Sent: Friday, September 08, 2006 2:20 PM To: Randy Trimble Cc: Josh Norton Subject: Oakland Ridge Randy - Attached is the second submittal for the Oakland Ridge Preliminary Plat. We've taken a look at it to see that your comments were addressed, but I'd like to run it by you just to be sure. Your first set of comments are below: * Need to show a note granting a 20' electric easement or PUE centered on all interior lot lines. * Need to show a note granting a 20' PUE along outer perimeter of development. A 16' PUE along all public ROW is sufficient. file://C:\Documents and Settings\chartl.CSTX\Local Settings\Temp\XPgrpwise\45053C86... 9/11/2006 Page 2 of 2 * Need to show a note using the following language granting a "5' wide easement for anchors and guy wires necessary to help support overhead utility lines. * Easement will extend 20' beyond any utility easement." * All existing electrical lines need to be shown on each plat. Also show the volume and page number of any electric line easements. * Please ask the developer to call BTU Line Design at 821-5770 at least 150 days before power is needed to begin the process for providing power to the area. Let me know if I provide additional information. Thank you! Crissy Hartl Staff Planner Planning & Development Services College Station, TX Phone: 979.764.3570 Fax: 979.764.3496 College Station. Heart of the Research Valley. file://C:\Documents and Settings\chartl.CSTX\Local Settings\Temp\XPgrpwise\45053C86... 9/11/2006