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HomeMy WebLinkAboutBrazos Valley Common Marketc/-l-L/D(p 1-µj~ W CITY OF COLLEGE STATION ~<~~- PostomceBox9960 1101TexasAvenue '(f)rJi'O~~./· ..I) r~ College Station, Texas 77842-0960 ~ ';} il/J.-f (409)764-3500 0 ( 1 CA"" July 27, 1993 Mr. Keith Dopslauf 910 Sandy Cove Bryan, TX 77803 RE: Inquiries made into the status of the property located at 4025 Texas Avenue South Mr. Dopslauf: I am writing to inform you of the recent review of the status of your property that was conducted by the City as a result of a request for electric service. During my research, I found the following: ..... -The property was annexed on October 13, 1983. Aerial photographs taken in January 1982 showed no buildings or storage on site. -On October 14, 1983, a photograph was taken of the site (see attached copy). The photo and the accompanying documentation (see memo dated November 21, 1983) provide evidence that no building existed on the property prior to annexation. -During th e following 30 day period, two wooden buildings and three stalls were constructed in preparation for a flea market. These activities were carried out without authorization. Violations during this time included failure to obtain building permits, failure to obtain site plan approval (including all applicable parking and landscaping provisions), and failure to comply with the zoning use restrictions of the A-0 Agricultural/Open zoning district. -The owner of the property at the time requested a rezoning of the property from A-0 to C-1 General Commercial. Council passed Ordinance No. 1497, which rezoned the property with the conditions that 1) the zoning remain on the property for a period of ten years only, and 2) if building permits are required, the zoning must come back before Council for review. -No other steps to obtain site plan review approval or building permits were pursued by the owner. -Currently, the property is occupied by one of the three stalls that were constructed for the flea market. Some outside storage of pallets, dirt, and vehicles is also present. As a result of this review, we have come to several conclusions regarding your property. 1. The property has no legal nonconforming status, nor any authorization from the City for any use other than pastureland. The property is therefore not entitled to City services unless a building and an electrical permit are sought and issued. Home of Texas A&M University 2. As a part of the building permit process, we must receive a site plan; include the dimensions of the structure, the distances from all property lines, and a description of the use of the structure. 3. Ordinance No. 1497 is void due to the fact that is was passed with the intention that it be tied to a single use (the flea market). Such an action constituted "contract zoning", which is illegal in this state. Therefore, the entire action is void, and the property has reverted to its original A-0 classification. 4. Only limited storage within the structure would be permitted, provided a building permit is sought and issued. The A-0 zoning district does not list storage as a permitted use. Storage that is accessory in use to the principal use of the property (in this case that use is pastureland) would be acceptable. In other words, storage for your own personal use (such as hay and cars that are not considered junk vehicles under City Ordinances)may be permitted. Storage related to a business would not be permitted. Renting storage space requires a change of zone to at least a C-1 class, and would require complete site plan review. 5. Outside storage of items related to an agricultural use (see the list of A-0 uses) that are not related to other commercial uses would be permitted. Please note that any outside storage that would constitute a "nuisance" under our City Codes (see attached) is not permitted. If you have any questions or would like to further discuss this matter, please give me a call. Thank you. Sabine Kuenzel Staff Planner cc: Legal Dept / Jane Kee, City Plannerv Billy Hejl, Code Enforcement Wes Castolenia, Code Enforcement Coy Perry, Building Official Johnny Churchwell attachments City of C ollege Station POST OFFICE BOX 9960 I IOI TEXAS AVENUE COLLEGE STATION, TEXAS 77840-2499 Ma re h 1 4 , 1 984 MEMORANDUM TO: FROM: Ed Dopslauf, Jr., President Dopslauf Enterprises, Inc. Project Review Committee' , _;/ Al Mayo, Director of Planning ~ David Pullen, City Engineer Roy Kelly, P&Z Representative Other Staff: Joe Guidry, Electrical Superintendent Joey Porter~ Ass't. Fire Marshal Jane Kee, Zoning Official Bob Epps, Ass't. Director of Public Services Kim Johnson, Ass 1t. Zoning Official Rick Ploeger, City Forester Bennie Luedke, Water & Sewer Superintendent Shirley Volk, Planning Technician SUBJECT: Parking Lot Plan -Brazos County Common Mar ket -84-406 The P.R.C. met on this date to review the above mentioned project, and has deter- mined that due to the large number of changes or additional information which is required this project must have revised site plans submitted and further review by this body. Changes or additions whi~h are required are as follows: . 1• . ( l ) (2) (3) (4) (5) (6) (7) (8) Redesigithe large open areas which the applicant indicates are covered only with a base material and are to be used by patrons of the market for rest and refreshments ... :to develop large, landscaped areas with grass used as groundcover. Relocate at least 14 trees to maintain the point system regarding landscaping; four (4) trees per island would overcrowd the trees. There should be a maximum of two (2) canopy trees per double island or one (1) per single island. Identify the type, location and size of all trees; identify type, application and location of groundcover; ide~tify all other landsc~ping. ·Refer to land- scape ordinance for requirements. · A paved driveway is required around the entire project for emergency vehicle access. Entire driveway must .be marked as a fire lane and maintain 20' min.width. Relocate dumpsters according to directior.s given by Ass't, Director of Public Services, A minimum of two 6-cubic yard dumpsters are required, each to be set on a 12'x 12' pad which is the same elevation as the driving surface. Maintairi a 50 ft, -clearance for maneuvering of trucks. Two (2) additional fire hydrants are required for the size of this project, and are to be located as designated by the Ass't. Fire Marshal. The drive access as shm·m is ;ipproved by the City Engineer. i)cuble Islands shouid ">ea mlnfmurr. ~f S'x 4::>' or 360 sq. ft. Show Continued PRC Report -84-406 page 2 (9) Furnish more information on the proposed sign, Include elevation, size, height and location. (10) Show the exact location of the drive entrance. (11) P.R.C. drainage statement provided. (12) All water lines will be pub! ic infrastructure and plans must be pre- pared by a registered profess ional engineer, and be located in 20 foot utility easements, plans prepared by a registered public surveyor. Ease- ments may be conveyed by separate instrument. Contact Legal Department for instructions. (13) Show all dimensions on site plan (setbacks, islands, parking spaces, widths of driveway, easements, etc.) (14) Show landscape irrigation system, or hose connections. (15) The City Building Cod ~ requires the separation between bui l dings to be a minimum of 15 feet. (16) A 611 raised curb is required around all edges of all parts of all paved areas without exception. (To include islands, planting areas, access ways, dumpster locations, utility pads, etc.) Curb detail to be approved by the City Engineer. No· exceptions will be made for areas indicated on site plan as "reserved for future parking". SUBMIT five (5) COPIES OF REVISED SITE PLAN TO PLANNING DEPARTMENT FOR REVIEW BY PROJECT REVIEW COMMITTEE BEFORE APPROVAL WILL BE GRANTED. SJV CI TY OF COLLEGE STATI ON APPLICATI ON FO RM SITE PLAN REVIE \~ ti PRESENT USE OF PROPERTY ~.'..,_.,~,,.. ..0 ( \?e.:1.:~ P&Z CASE NO . 5~ ... 1476 ,¢¢,z/1~1.f D Res ident i a l Gr'comme r c i a l PHONE Le '\L, -L.\c So PHONE .£~ CURRENT ZON I NG OF PROPERTY C.-l -=--'---~-----------~---~--~- VAR I AN CE ( S) REQUESTED AND REASON(S) NUMBER OF PARK I NG SPACES REQU I RED /s)O --='------ NUMBER OF PARK I NG SPACES PROVIDE~ \)")...., The a pp lica nt certif ies IF APPL I CAT I Otl IS FI LED BY ANYO NE OTHER THAN THE OW~IER, A PO\./ER OF ATTO R~IEY STATEMENT MUST BE INCLUDED. -f -< -0 m 0 11 (") )> (j) m . . -0 )> JJ " -z G> r .0 -f -0 r )> z --· -f m ~ z 0 • 0 > (/) m z 0 . CD ... I ... 0 CD (/) 0 > r m .. I\) 0 0 0 ·--. GRAHAM ROAD '\. ~\ \../ \ ./ -BARRON ROAD ~ -. -~ __ , ,/ ''-, I ', ~ ,_; l ' ) -\.._ '~ .-.) \..__,.... · 1.f le k ~) r, ) I '-~ l ) I -cJ \ c ·(.\~ 1-/ '-_/ )> 2 2 m ·' )( 5\ ) ,,-/ / 0 ?-..............m1' ~ ~-,......_~ r ~ t~ i fl / ~ \_/-? ( =t ~ c; ~ ~~0( ~ I .0( 2 .J'. -~~" -// , v ;P <? ,._,.) J, v-. ', ·--' )' '•-..._ ' ) -u l lJ' ---' -, ~ -' ( J ~ ----~ 2 \ I om ~ o~ 'D.-. '--/,) < < -~"' ,s ~ 1----l..\ GREEN'S PRAIRIE ROAD···· I r ~--, ' ./ -) -,__JIJ~ .r ... ( )> J c( 11 '-:> GREEN'S PRAIRIE ROAD / c \ \ Apr i 1 5, 1984 MEMORANDUM TO: FROM: City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840-2499 Ed Dopslauf, Jr., President Dopslauf Enterprises, Inc. Project Review Committee: ~~ Al Mayo, Director of Planning \~ Hark Smith, Ass't. City Engineer Ron Kaiser, P&Z Representative Other Staff: Kim Johnson, Ass't. Zoning Official Shirley Volk, Planning Technician SUBJECT: Parking Lot Plan -Brazos County Common Market -84-406 The P.R.C. met on April 4th to review a revised plan of the above mentioned project, and reco111T1ends approval of the plan with the following conditions:* (1) Show more dimensions on the plan; include fire lanes, driving lanes, setback areas, exact dimensions of property (either in feet or acres). (2) An 8 foot setback area is required by ordinance from the front property line to th~ beginning of the paved area. Landscaping can be located in this setback to help meet the required number of points for landscaping. (3) Show curbing around the entire island adjacent to the parking row and the fire lane (to the south of the buildings). ~4) Add an island at the end of the parking row (next to the temporary gates). (5) Label the fire hydrants. EXACT LOCATION OF FIRE HYDRANTS TO BE APPROVED BY THE FIRE MARSHAL. (6) Be advised that the culvert at the ditch crossing onto the highway must include a 6:1 sloped headwall which will meet Highway Department Standards. (7) Label the electric service location for clarification. (8) Show the exact boundary of the grassy area where the tables and benches will be located. (9) Suggest relocation of the dumpsters to the southeast corner of the project. Assistant Director of Public Services Bob Epps must approve any location. (10) Additional landscaping will be required to meet the point requirement based on size of project as shown on plan reviewed. (11) Show size (caliper) of all existing trees. (12) Suggest spacing the dwarf youpons at a maximum of 1811 o.c. Also suggest choosing a different type of shrub (one which will grow a little larger at maturity. SUBMIT 5 COPIES OF REVISED SITE PLAN TO PLANNING DEPARTMENT FOR APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMIT. *Any changes to the approved site plan must be cleared through the Office of the Director of Planning. sjv April 5, 1984 MEMORANDUM TO: FROM : City of College Station POST OFFICE BOX 9960 I IOI TEXAS AVENUE COLLEGE STATION, TEXAS 77840-2499 Ed Dopslauf, Jr., President Dopslauf Enterprises, Inc. Project Review Committee: ~~ Al Mayo, Director of Planning \~ Mark Smith, Ass't. City Engineer Ron Kaiser, P&Z Representative Other Staff: Kim Johnson, Ass't. Zoning Official Shirley Volk, Planning Technician SUBJECT: Parking Lot Plan -Brazos County Common Market -84-406 The P.R.C. met on April 4th to review a revised plan of the above mentioned project, and reconmends approval of the plan with the following conditions:* (1) Show more dimensions on the plan ; include fire lanes, driving lanes, setback areas, exact dimensions of property (either in feet or acres). (2) An 8 foot setback area is required by ordinance from the front property line to th~ beginning of the paved area. Landscaping can be located in this setback to help meet the required number of points for landscaping. (3) Show curbing around the entire island adjacent to the parking row and the fire lane (to the south of the buildings). (4) Add an island at the end of the parking row (next to the temporary gates). (5) Label the fire hydrants. EXACT LOCATION OF FIRE HYDRANTS TO BE APPROVED BY THE FIRE MARSHAL. (6) Be adv rsed that the culvert at the ditch crossing onto the highway must include a 6:1 sloped headwall which will meet Highway Department Standards. (7) Label the electric servrce location for clarification. (8) Show the exact boundary of the grassy area where the tables and benches will be located. (9) Suggest relocation of the dumpsters to the southeast corner of the project. Assistant Director of Public Services Bob Epps must approve any location. (10) Additional landscaping will be required to meet the point requirement based on size of project as shown on plan reviewed . (11) Show size (caliper) of all existing trees. (12) Suggest spacing the dwarf youpons at a maximum of 1811 o .c. Also suggest choosing a different type of shrub (one which will grow a little larger at maturi t y. SUBMIT 5 COPIES OF REVISED SITE PLAN TO PLANNING DEPARTMENT FOR APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMIT. *Any changes to the approved site plan must be cleared through the Office of the Director of Planning. sjv Apri 1 5, 1984 MEMORANDUM TO: FROM: City of College Station POST OFFICE BOX 9960 110 1 TEXAS AVENUE COLLEGE STATION. TEXAS 77840-2499 Ed Oops lauf, Jr., President Dopslauf Enterprises, Inc. Project Review Committee: ~~ Al Mayo, Director of Planning \~ Mark Smith, Ass't. City Engineer Ron Kaiser, P&Z Representative Other Staff: Kirn Johnson, Ass't. Zoning Official Shirley Volk, Planning Technician SUBJECT: Parking Lot Plan -Brazos County Common Market -84-406 The P.R.C. met on April 4th to review a revised plan of the above mentioned project, and recommends approval of the plan with the following conditions:* (1) Show more dimensions on the plan; include fire lanes, driving lanes , setback areas, exact dimensions of property (either in feet or acres). (2) An 8 foot setback area is required by ordinance from the front property line to the beginning of the paved area. Landscaping can be located in this setbac·k to he 1 p meet the required number of points for 1 andscap i ng. (3) Show curbing around the entire island adjacent to the parking row and the fire lane (to the south of the buildings). (4) Add an island at the end of the parking row (next to the temporary gates). (5) Label the fire hydrants. EXACT LOCATION OF FIRE HYDRANTS TO BE APPROVED BY THE FIRE MARSHAL. (6) Be advtsed that the culvert at the ditch crossing onto the highway must include a 6:1 sloped headwall which will meet Highway Department Standards. (7) Label the electric service location for clarification. (8) Show the exact boundary of the grassy area where the tables and benches will be located. (9) Suggest relocation of the dumpsters to the southeast corner of the project. Assistant Director of Publtc Services Bob Epps must approve any location. (10) Additional landscaping will be required to meet the point requirement based on size of project as shown on plan reviewed. (11) Show size (caliper) of all existing trees. (12) Suggest spacing the dwarf youpons at a maximum of 1811 o .c. Also suggest choosing a different type of shrub (one which will grow a little larger at maturity. SUBMIT 5 COPIES OF REVISED SITE PLAN TO PLANNING DEPARTMENT FOR APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMIT. *Any changes to the approved site plan must be cleared through the Office of the Director of Planning. sjv To: From: Date: Re: MEMORANDUM Shirley Volk, Development Coordinator Susan Macdonald, Building Technician }if"~ March 3, 1994 Dopslauf and American Turf Company This situation originally came to my attention on Tuesday, March 1 when Allen Jordan from the Post Office came to see me about two different locations using the same address. He stated that the Dopslaufs and American Turf Company were both using 4023 Texas; however, the Dopslaufs stated that their address was Rt 1 Box 268. I told Mr. Jordan that I would check into the situation and get back with him later. I then looked up the addresses in the tax maps with Nanette and we discovered that the Silk Stocking has an address of 4021 Texas, the Dopslaufs have and address of 4023 Texas, and that they were using the storage shed to run American Turf Company and using the same address. I figured that they were running a business out of their home. However, in the phone book American Turf Company has an address of 4025 Texas. I also checked my computer and discovered that an electrical permit was denied to change the service at the shed location and realized that they were not suppose to be there. I then contacted Sabine at home and she explained to me that they could use the shed as storage only and not run a business in it. I obtained a copy of the letter she wrote to the Dopslaufs stating that fact. She said that she would get with Jim and see what he wanted to do. Later, Allen Jordan contacted me and he said he had contacted American Turf Company. He said that they say their address is 4023 Texas and that they will also be moving in a couple of weeks but I don1t know where. On March 2, Trip Jacks from the Post Office called me to verify the actual addresses of the Dopslaufs and American Turf Company. He said Mrs. Dopslauf swears that her address is Rt 1 Box 268. Technically, if the Silk Stocking is 4021 Texas and the Dopslaufs are 4023 Texas, then the American Turf Company should be 4025 Texas. But then again, technically the American Turf Company should not be there. v l CITY OF COi J EGE STATION Post Office Box 9960 1101 Texas Avenue College Station. Texas TI842-0960 ( 409) 764-3500 July 27, 1993 Mr. Keith Dopslauf 910 Sandy Cove Bryan, TX 77803 RE: Inquiries made into the status of the property located at 4025 Texas Avenue South Mr. Dopslauf: I am writing to inform you of the recent review of the status of your property that was conducted by the City as a result of a request for electric service. During my research, I found the following: -The property was annexed on October 13, 1983. Aerial photographs taken in January 1982 showed no buildings or storage on site. -On October 14, 1983, a photograph was taken of the site (see attached copy). The photo and the accompanying documentation (see memo dated November 21, 1983) provide evidence that no building existed on the property prior to annexation. -During the following 30 day period, two wooden buildings and three stalls were constructed in preparation for a flea market. These activities were carried out without authorization. Violations during this time included failure to obtain building permits, failure to obtain site plan approval (including all applicable parking and landscaping provisions), and failure to comply with the zoning use restrictions of the A-0 Agricultural/Open zoning district. -The owner of the property at the time requested a rezoning of the property from A-0 to C-1 General Commercial. Council passed Ordinance No. 1497, which rezoned the property with the conditions that 1) the zoning remain on the property for a period of ten years only, and 2) if building permits are required, the zoning must come back before Council for review. -No other steps to obtain site plan review approval or building permits were pursued by the owner. -Currently, the property is occupied by one of the three stalls that were constructed for the flea market. Some outside storage of pallets, dirt, and vehicles is also present. As a result of this review, we have come to several conclusions regarding your property. 1. The property has no legal nonconforming status, nor any authorization from the City for any use other than pastureland. The property is therefore not entitled to City services unless a building and an electrical permit are sought and issued. Home of Texas A&M. University ? 2. As a part of the building permit process, we must receive a site plan; include the dimensions of the structure, the distances from all property lines, and a description of the use of the structure. 3. Ordinance No. 1497 is void due to the fact that is was passed with the intention that it be tied to a single use (the flea market). Such an action constituted "contract zoning", which is illegal in this state. Therefore, the entire action is void, and the property has reverted to its original A-0 classification. 4. Only limited storage within the structure would be permitted, provided a building permit is sought and issued. The A-0 zoning district does not list storage as a permitted use. Storage that is accessory in use to the principal use of the property (in this case that use is pastureland) would be acceptable. In other words, storage for your own personal use (such as hay and cars that are not considered junk vehicles under City Ordinances)may be permitted. Storage related to a business would not be permitted. Renting storage space requires a change of zone to at least a C-1 class, and would require complete site plan review. 5. Outside storage of items related to an agricultural use (see the list of A-0 uses) that are not related to other commercial uses would be permitted. Please note that any outside storage that would constitute a "nuisance" under our City Codes (see attached) is not permitted. If you have any questions or would like to further discuss this matter, please give me a call. Thank you. Sabine Kuenzel Staff Planner cc: Legal Dept Jane Kee, City Planner Billy Hejl, Code Enforcement Wes Castolenia, Code Enforcement Coy Perry, Building Official Johnny Churchwell attachments