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CITY OF COLLEGE STATION
CERTIFIED MAIL RETURN RECEIPT NO. 7004-1160-0006-8855-1859
August 19, 2008
J. Fred Bayliss, Atty
Muco Verde, LLC
1721 Birmingham Drive, Ste 206
College Station, Texas 77845
RE: NOTICE OF NONCOMPLIANCE
Code of Ordinances Chapter 13 Flood Hazard Protection
M Rector(ICL), Tract 93, 5.05 acres located on Earl Rudder Freeway South
Mr. Bayliss,
It has come to our attention that activities conducted at the site are not in compliance
with Chapter 13 of the City of College Station Code of Ordinances. More specifically, a
significant amount of unpermitted fill (approximately 110 ft width x 220 ft length x 15 ft
height) was placed on the subject site in the Special Flood Hazard Area as defined by
FEMA Flood Insurance Rate Map No. 48041C0163D dated February 9, 2000. Locating
unpermitted fill within the floodplain may be dangerous to health, safety, or property
during flooding conditions or causes unacceptable increases in water surface elevations.
In the May 21, 2008 Pre-Application Conference, city staff explicitly communicated to
you and your team that fill could specifically not be permitted to be placed on this tract at
this time due to the property's zoning and non-platted status. To date, the zoning,
platting, and permitting for the subject site have not proceeded to enable the subject
construction. It appears you and your contractors proceeded with disregard to City
Ordinances, city staff specific direction, and general public safety.
Finding 1:
Placement of fill within the floodplain located on your property is in noncompliance with
City of College Station Code of Ordinances Chapter 13, § 3.C, 3.E, and 7.A.
Requirement:
Chapter 13, § 7.A. states "If at anytime development as defined by this chapter, takes
place for which an approved development permit has not been issued, or development
occurs which does not conform to the plans and specifications upon which the issued
development permit was based, the Administrator shall issue a written Notice of
Noncompliance to the owner. The notice shall include a description of the nature and
location of each alleged violation of this chapter and if readily apparent, the measures
required to bring the development into compliance with the provisions and requirements,
of this chapter. The notice shall give a specific time allowance to the owner during which
he must take one of the following steps to bring the development into compliance with
this chapter:
1) An acceptable application for a development permit must be filed with the office of the
Administrator for the entire scope of development taking place or proposed for the site;
2) The item or items which are not in compliance with the terms, conditions, and
provisions of this chapter shall be corrected, added or improved until they are
incompliance with this chapter, at which time the owner shall request, in writing a
reinspection by the Administrator;
3) Modified construction plans, shall be submitted to the Administrator which detail, in an
acceptable manner there medial, additional, or corrective measures which must be taken
to bring the development within the provisions and requirements of this chapter, or;
4) An acceptable variance request, subject to the provisions of this chapter, shall be
submitted to the office of the Administrator which shall have the effect, if granted of
removing the requirements for which the development was determined to be in
noncompliance."
Recommend Corrective Action:
Remove the fill material from the site. Appropriate action must be taken immediately to
bring this site into compliance to ensure the health, safety and welfare of our community.
Action should be taken immediately to remove the fill. If action can not be taken within
seven days, please provide written documentation of the item not implemented, the
reason for the delay, and the expected time frame for implementation. Chapter 13, §
7.A.4. states "...In no case hall the time period exceed thirty (30) calendar days from the
date of notification."
Note: Chapter 13, § 2.E. defines Development as any man-made change to improved or
Chapter states unimproved real estate Including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, clearing, or drilling
operations.
Failure to comply:
Chapter 13, § 7.C. states "Upon the finding of a violation of this ordinance, the
Administrator may file a complaint in the Municipal Court of the City of College Station
against any person, firm, corporation or other legal entity. In the event that the judge
finds any person, firm, corporation, or other legal entity to be in violation of the terms,
conditions, or requirements of, this chapter, or provisions or conditions pursuant thereto,
he shall find said person, firm, corporation, or other legal entity guilty of a misdemeanor,
and upon conviction shall impose a fine pursuant to the General Penalty set out in
Chapterl, Sections, of this Code of Ordinances. Prosecution under this provision shall
not be a bar to any other relief for violation of this chapter."
Chapter 13, § 7.D. states "In addition to a fine, the City may institute appropriate actions
or proceedings at law or equity for the enforcement of the provisions of this chapter or
Bryan/College Station Unified Design Guidelines, Standard Details, and Technical
Specifications, or to correct violations thereof, and, if applicable, appropriate actions or
proceedings at law or equity against any surety company, escrow holder, or any third
party who has affirmatively acted as surety or guarantor for the faithful performance of
the permit holder's work."
Please advise my office as to your anticipated schedule to remedy this hazard. I am
available to discuss the details of this matter and be reached at (979)764-3570.
Regards,
Alan Gibbs, .E.
City Engineer
Cc: Joe Schultz, P.E.
Civil Development
2033 Harvey Mitchell Parkway South
College Station, Texas 77840
Herbert & Golda Cole
403 Eisenhower Street
College Station, Texas 77840
jLED
LEGAL1141--
NOTICEBC
DATE TO BE PUBLISHED: FRIDAY, NOVEMBER 7, 2008 ONLY
BILL TO: Brittany Caldwell
City of College Station
P.O. Box 9960
College Station, TX 77842
NOTICE OF PUBLIC HEARING:
The College Station City Council will hold a public hearing to consider a
COMPREHENSIVE LAND USE PLAN AMENDMENT from Floodplain & Streams
and Single-Family Residential Medium Density to Office for 2.7 acres for the
property located at 2875 EARL RUDDER FWY S.
The hearing will be held in the Council Chambers of the College Station City
Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on
MONDAY, NOVEMBER 24, 2008.
Any request for sign interpretive services for the hearing impaired must be
made 48 hours before the meeting. To make arrangements call
979.764.3547 or (TDD) 1.800.735.2989.
For additional information, please contact me at 979.764.3570.
MATT ROBINSON
PROJECT MANAGER
LEGAL NOTICE
DATE TO BE PUBLISHED: FRIDAY, NOVEMBER 7, 2008 ONLY
BILL TO: Brittany Caldwell
City of College Station
P.O. Box 9960
College Station, TX 77842
NOTICE OF PUBLIC HEARING:
The College Station City Council will hold a public hearing to consider a
COMPREHENSIVE LAND USE PLAN AMENDMENT from Floodplain & Streams
and Single-Family Residential Medium Density to Office for 2.7 acres for the
property located at 2875 EARL RUDDER FWY S.
The hearing will be held in the Council Chambers of the College Station City
Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on
MONDAY, NOVEMBER 24, 2008.
Any request for sign interpretive services for the hearing impaired must be
made 48 hours before the meeting. To make arrangements call
979.764.3547 or (TDD) 1.800.735.2989.
For additional information, please contact me at 979.764.3570.
MATT ROBINSON
PROJECT MANAGER
eri E-MAILED
LEGAL NOTICE 414)14 ,
DATE TO BE PUBLISHED: TUESDAY, NOVEMBER 4, 2008 ONLY
BILL TO: Brittany Caldwell
City of College Station
P.O. Box 9960
College Station, TX 77842
NOTICE OF PUBLIC HEARING:
The College Station Planning and Zoning Commission will hold a public
hearing to consider a COMPREHENSIVE LAND USE PLAN AMENDMENT from
Floodplain & Streams and Single-Family Residential Medium Density to Office
for 2.7 acres for the property located at 2875 EARL RUDDER FWY S.
The hearing will be held in the Council Chambers of the College Station City
Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on
Thursday, November 20, 2008.
Any request for sign interpretive services for the hearing impaired must be
made 48 hours before the meeting. To make arrangements call
979.764.3547 or (TDD) 1.800.735.2989.
For additional information, please contact me at 979.764.3570.
MATT ROBINSON
PROJECT MANAGER
LEGAL NOTICE
DATE TO BE PUBLISHED: TUESDAY, NOVEMBER 4, 2008 ONLY
BILL TO: Brittany Caldwell
City of College Station
P.O. Box 9960
College Station, TX 77842
NOTICE OF PUBLIC HEARING:
The College Station Planning and Zoning Commission will hold a public
hearing to consider a COMPREHENSIVE LAND USE PLAN AMENDMENT from
Floodplain & Streams and Single-Family o Office for 2.7
acres for the property located at 2875 EARL RUDDER FWY S. iZe� '
The hearing will be held in the Council Chambers of the College Station City
Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on
Thursday, November 20, 2008.
Any request for signre r thee services meeting.for Toth
o emake hearing r apngements aired must
tcall
be
made 48 hours befo
979.764.3547 or (TDD) 1.800.735.2989.
For additional information, please contact me at 979.764.3570.
MATT ROBINSON
PROJECT MANAGER
NOIMECWOODIMIIMIIIW
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MA/II tratoawe
Single-Family Residential Mediter Dewelty to Office for
2.7 acres for the property located at 2875 EARL
RUDDER FWYa •
The hearing will be held in the Council Chambem of the
College Station City Hall, 1101 Texas Aventre at the
7:00 p.m. meeting of the Council on MONDAY
NOVEMBER 24,2008.
Any request for sign if temretive services for the hearing
impaired must be made d8 hours before the meeting To
make arraangements. call $79.784.3547 or (TDD)
1.800.735. 989.
For additional information, please,contact me at
979.764.3570.
•
1f4 r`
NOTICE OF PUBLIC HEARING:
The College Station City Council will hold a public.
hearing to consider a COMPREHENSIVE LAND USE'.
PLAN AMENDMENT from Floodplain & Streams and.
Single-Family Residential Medium Density to Office for
2.7 acres for the property located at 2875 EARL
RUDDER FWY S.
The hearing will be held in the Council Chambers of the
College Station City Hall, 1101 Texas Avenue at the
7:00 p.m. meeting of the Council on MONDAY,
NOVEMBER 24,2008.
Any request for sign interpretive services for the hearing
impaired must be made 48 hours before the meeting.To
make arrangements call 979.764.3547 or (TDD)
1.800.735.2989.
For additional information, please contact me at
979.764.3570.
MATT ROBINSON
PROJECT MANAGER
11-7-08
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car
COMPREHENSIVE LAND 415E Pt AN AMENDMENT
from Floodplain &
Streams
and
Residential Medium DensityOffice for 2.7 acres r
the property located at 2875 EARL RUDDER FWY S.
The hearing will be held in the Council Chambers of the
College Station City Hail, 1101 Texas Avenue at the
7:00 p.m. meeting of the Commission on Thursday,
November 20,2008.
Any request for sign interpretive services for the hearing
impaired must be made 48 hours before the meeting.To
make arrangements call 979.764.3547 or '.(TDD)
1.800.735.2989.
For additional information, please contact me at
979.764.3570:
eiATT ROBINSON
PROJECT hallitAGIVI
;� •
NOTICE OF PUBLIC HEARING:
The College Station Planning and Zoning Commission
will hold a public hearing to consider a
COMPREHENSIVE LAND USE PLAN AMENDMENT
from Floodplain & Streams and Single-Family
Residential Medium Density to Office for 2.7 acres for
the property located at 2875 EARL RUDDER FWY S.
The hearing will be held in the Council Chambers of the
College Station City Hall, 1101 Texas Avenue at the
7:00 p.m. meeting of the Commission on Thursday,
November 20,2008.
Any request for sign interpretive services for the hearing
impaired must be made 48 hours before the meeting.To
make arrangements call 979.764.3547 or (TDD)
1.800.735.2989.
For additional information, please contact me at
979.764.3570.
MATT ROBINSON
PROJECT MANAGER
11-4-08