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'i..(CITY OF COLLEGE STATI ~.
"Pl.... PLANNING DIVISION
Post Office Box 9960 1101 Texas Avenue
August 17, 1990 College Station,Texas77842~0960
(409) 764-3570
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MEMORANDUM
SUBJECT:
Tom Brymer, Assistant city Manager, Community
services Group # ilL
ElreY As;h, Director of Deyelopment services~
~im Callaway, city Planner~
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Sneaker's - Wolf Pen Creek Corr1dor.
TO:
THROUGH:
FROM:
As youwillreca+l-, there havebe'en concerns expresse~ abpu.t
the parking/pedestrian f:!ituationaroundSneaker.' s. These
concerns. have c01l\Effrom City-D~partments (most notably PO),
area propert}T.. owners/managers>andothers. Representatives
of the Planning DivisioI1met with p.ickyMiller, .the owner,
several weeksago.to.. discuss these. concerns.
At our meeting with Mr. Miller. we discussed various parking
related topics. He explained his plans to work with the
adjacent Property ..t.othe west.....to. develop..?dditional parking.
We explained. regulatioI1~ regarding parking lots .. and problems
associatedwiththe(then)small.amgunt()fparking that was
occurring.ontheadj a.cent prop~rty .... pa.rkinC]. .tothe east.
That meeting ended on a positive note, with. myunderstandinlg
that Mr. Miller . would work within city regulati.ons to
addres.s t-he parking problem.
Since t:hat timeparkin9 on the unimproved lot has increased.
This situation creates several. problems for us. community
appeal:"iance ,safety and. . evenhanded enforcement of regulations
are thiei most obvious issues. Additionally, these problems
are oc!curring in an . area that is a. high Council priority.
We have discussed these problems with Major Ed Feldman and
F irer,nspectorGeorgeSpain. PD and,' the Fire Marshal's
Offic~ will reviewtheirprevioulS COIlcerns .and m.onitor the
situation for the next two weeks. Through their efforts WE~
hope to get a feeling for the.scopeof the. problem during
peak hours. as well >a.sverifY an.Y!iunderstandingsreached by
either of these. Departments and Mr. Miller.
We find ourselves/in a difficult situation in this case.
Enforcement of the ordinance would be relatively simple, bllt
Tom. Brymer
"Sneaker's"
page 2
the previous proble1l\s.associated with this. parking wOllld
resurface. We are particularly concerned with pedestrian
t.raffic crossing Harvey Rd. to getto.this location. On the
other hand, we cannot let this situation continue'
indefinitely.
We will work withFire,PD and Legal to develop alternatives
prior to beginning enforcement proceedings.
xc:v1>avid ]?ullen, City Engineer
Jane Kee,Senior Planner
George.... Spain,. Fire 'Inspector
Ed Feldman, CSPD
Cathy Locke, City Attorney
WesCastalenia, .. Code Enforcement Coordinator
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Ii-.(CllY OF COLLEGE STATION
"PJ .. PLANNING DIVISION
.. . Post Office Box 9960. 1101 Texas Avenue
College Station, Texas 77B42-0960
(409) 764-3570
June 1, 1989
MEMORANDUM
TO:
Paul Winston , Contract Int.eriors
1700 K~lle ste 110, College Station, TX
FROM:
Project Revietv Committee:
Jane Kee, Senior Planner
Mark Smith, Assistant .Cit En.gineer
Stev:e Esmond, P&Z Rep.resentative
others attending:
Bill Riley, Operations :Manager - W/S Division
Tony Michalsky, Constr.Maint.Supv. - Electrical
LaVern Akin, GTE
Harry Davis, Fire Marshal
Kean Register, Lone Star Gas
Coy Perry, Building Official
Jim Smith, SanitationSuper'visor
Shirley Volk,Planning Technician
SUBJECT:
Parking Lot Plan- Padres of College Station (89-40.5)
to be located ip the building of the former Christmas
Store at 500 Harvey Road, andoD the site of the
former Spin-In convenience store to the west. 'of the
Christmas Store.
The P.R.C.met on this date to review the subject proposal, and
approves tIle proj ect wi th the fo llolving condi t ions *:
!!!!!~!!!~g: Final determination has. not been made as to whether or
not the second floor of this structure can b~ used asa
restaurant. (Follo\l'lillg the meeting, it was ascertained by the
Building Official that the subject building is a Type 5 building
and the second floor can be. used asa restaurant as long as the
entlre building has a sprinkler system installed.) Additional
research of the Southern Building .Code standards will be required
before a decision can be reached. Designate the location of the
vault necessary for the sprillkler system.
~~~~R ~ ~~~~R: Construction documents for all water improvements
must.be prepared by<aregistered professional engineer and
reviewed and approved bjT the City Engineer's office. The.
applicant should be 8l-1are that the existing 6ft water line
providing service to this facility may not be adequate to provide
the necessary service to the proposed business.
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The sewer line that runs parallel to Harvey Road to a location
under the proposed volleyball court does not serve this
property. Service to this property is from a manhole to the
north of the northern property line.
Prior to demolition of the convenience store, have the contractor
exactly locate the existing services and relay this information
to the Water & Sewer and Electrical Divisions so removal of the
services can be coordinated prior to demolition.
El!!~ ~~r~ET~,g~1': The applicant should be aware that the EPA Joust
be present when the existing underground gasoline tanks are
removed. Please make the Fire Marshal's office aware of the date
and time this is scheduled.
A sprinkler system will be required to use the existing structure
as a restaurant/club. The sprinkler connection must be withiJt1 10
feet of a curb, or if placed on the building, the Fire Department
must have complete access to the conne.ction. Coordinate the
locat ion tvi th the Fire Marshal's office. If the connect ion is
proposed to be placed in an island, be. aware that the vault size
is approximately 6'x 9'.
Designate all curb.ed areas inside the project as Fire Lanes aJl1d
mark according to specifications provided by the Fire Marshal's
office.
If only one exit is allowed to Harvey Road, a large turn-around
of approximately 80' in diameter will be required inside the
property for the large emergency equipment.
~!l~11g ~~.R.Ylg~~L~~N1TA1'lQ~: The proposed location for the
dumpster is acceptable. Coordinate specific container
requirements with the Sanitation Division.
Make the contractor aware that he should contact the Sanitation
Division regarding removal of the spoils of the existing
underground fuel tanks.
~~~QTR!Q~1: Furnish electric load data requirements to the
Electrical Division. The existing service line is off the east
side of the building. If service requirements are not increased,
cover this existing line with a IOfaat easement. If service
requirements are increased, the service line must be covered by a
20 foot easement.
Have the contractor handling the demolition or removal of the
convellience. store cont.act the Electrical Division prior to
beginning the project regarding the exact location of the service
to that building so the City can make the disconnection.
!!QNg ~~~R g~R: !\!o comments since natural gas service tvill not be
required.
q~T~~~: Coordinate with the Company if there are any
requirements for changing or moving existing service.
PRC 89-405
6-1-89
Page 2
ENQ1NEE!l!.NQ: Show the radius of the drive entrance. The radius
must be a minimum 30 foot radius into this commercial propert~r
for safety reasons.
The proposed two driveway locations are too close to meet the
City's Dri've Access standards . One driveway wi 11 have to be
deleted from plans. Coordinate tvith the Engineering Division
regarding appeal process.for thisruIing.
Before issuance of aBuilding Permit, the applicant will be
required to obtain a Drainage Development Permit from the C i t~y.
This project falls tvithin the area of the WaIf Pen Creek
Development Corridor, and toihelp satisfy the standards of both
the City and that specific development corridor project show the
centerline of tile creek, thelOO year flood plain and the
floodway boundaries as established by the Wolf Pen Creek Flooci
Study. Be aware that any fill materials to be used for the
parking areas must be studied and approved by the City.
f1ANN!~g ~~QN1~g gQMMl~~lQ~: The only questions directed were
regarding the locat ion of the proj ect tvi thin the Wo 1 f Pen Creek
Development Corridor, and will be ad.dressed in a separate
meeting.
~!!~NN!Ng: The face of the sign can be changed lvi thout receipt of
a Building Permit. If structural changes are necessary, more
information may be required, and a BuildingPerm.i t may be deeJmed
necessary.
Confirm the number of parking spaces on the site plan. Chang1e
figures if necessary.
An additional 1681andscaping points in canopy trees are
required. Coordinate landscaping with Planning Assistant Kim
Johnson.
Coordinate floor plans with Senior Planner Kee regarding specific
uses as they apply to parking requirements.
The P. R. C ./Technical review of this project was conel udedand tvas
followed by a brief meeti.ng between the applicant, Paul Winston,
Assistant City Engineer Smith, P&Z Representative Esmond, Senior
Planner l{eeandPlanning Technician Volk. During this brief
meeting, the 'applicant'was informed that a meeting had been
scheduled with the Wolf Pen Creek Committee on Monday, June 5,
1989 to review this project with respect to the requirements to
be met for development in the Wolf Pen Creek Development
Corridor.
The applicant was supplied with a copy of the Draft Policies,
Standards and Guidelilles dated April 25, 1989, which have since
been adopted by the City Council.
Mr. Smith briefly reviewed the Development Standards for the
Corridor as they apply to Drainage, Lighting, Trash Collection
PRC 89-405
6-1-89
Page 3
Points/Locations, Park Access Easements for traffic between tlCle
specific project and the park, Sign Regulations and Fill
Materials.
Mr. Winston requested that specific determinations regarding
required underground utili ty service ,dri veway access to Harv.ey
Road or the on-si teturn-around requirements, numb.er of parkiIlg
spaces required for the project and location of the parking l.:>ts
be made while keeping in mind that this proposal includes the use
of .an existing, vacant building on a site which has alreadyb4een
developed for the most part. He indicated that. because' his if;
the first project being proposied in the.area, and because the
site is ,at least partially)devieloped, special consideration
should be given Wllich includes ce.rtain leniency.
After a presentation has been made to the Wolf Pen Creek
Committee, and in the event that parking spaces are lost, the
applicant was informed that he would have the option to seek a.
variance from the Zonillg Board of AdjustmeIlt if he desired, aJtld
staff help was offered.
AFTER ALL SPECIFIC REQUIREMENTS ARE DETERMINED, SUBMIT12.COPIES
OF THE REVISED SITE PLAN TO ITHE PLANNING DIVISION FOR APPROVAL
PRIOR TO CONTINUING WITH STEP II OF THE BUILDING PERMIT PROCESS.
PRC 89-405
6-1-89
Page 4
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The Wolf Pen Creek Development Corridor includes the area
reflected in the Wolf Pen Creek Corridor MasterPlan as
adopted by the City Council and the area of the City of
College Station Tax Increment Financing District No. 1. The
Development Corridor is an area in which the policy and
development standards set forth in the Wolf Pen Creek study
will be used to guide development.
The purpose and intent of the Wolf Pen Creek study is to
provide a drainage plan for the Wolf Pen Creek,. coupled with
seizing opportunities for park and open space use. The park
development is proposed to complement adjacent private
property and its fut~reimprovements. To further achieve
the purpose and intent, the folloWing general
recommendations for corridor development of private and
public property are proposed for adoption and guidance. In
achieVing this purpose, open space areas are created for
active and passive use, and much of the Creek's natural
setting is being preserved.
Development standards for the Corridor are as follows.
Drainage:
Preserve the natural setting of the creek while
conveying the lOO-yearflood waters of the fully
developed Wolf Pen watershed in a natural drainageway
in lieu of a manmade channel of concrete or similar
material.
The initial acquisition is the floodway and the minimum
reservation line. The floodway and minimum reservation
line is recommended to be dedicated to the City for
drainage and public open space use.
In the event the developer does not dedicate the
floodway and opts to bear the.cost of the drainage
iDlprovements,the developer shall improve the
drainageway, maintain the floodwayto City standards
and conform with the standards .of the Wolf Pen Creek
DevelopDlentCorridor. These standards may include:
(a) cleaning andrem~valofbrushr (b) bank
stabilization; (c) erosion control;.. and (d) no
extensive channel Work.
The developer, or property owner, may .reclaim the flood
fringe subsequent to reclamation plans approved by the
City Engineer.
Flood fringe areas not reclaiDledby .thedeveloper ma.y
be acquired by the City through dedication or purchase
at market value for flood. plain land.
D raft Pol ic les,S tandards ,Guidel ines
April 25.., 1989 page.'. 9
"
Development on properties adjacent to the Creek:
On-site lighting shall be positioned to reduce glare
andundesirable~ight. A listing of acceptable
fixtures and lights .will be made available. Sodium
lightsarenottobeused in the corridor.
On-site trash collection points shall be identified on
the site plan. Owners shall be encouraged in the joint
use of property trash collection agreements.
Collection point~may f:ilso act as vehicular access
points forpar.lLmaintenancevehicles.
Buildingservice<areas and trash collection points.
shallbe.screenedfrom the creek corridor, trail
system,parking.a,reas, and dedicated streets.
Sign regulations will address the type,size,
illumination, and location for signage which would
front Wolf Pen Creek.
The property ded~cation line may act as the rear
building line wh~reapproved by site plan. The owner
may build or deck into the dedicated property o,r
floodway. Filling in the floodway shall be prohibi ted
and property in j~e flood fringe may be fille4 ~ith
City permission fJ,$ter appropriate drainage stlldy is
prepared, . submit'~d, and approved. . The allowab!le depth
of buildingorde'~king into the park or flood~ay shall
be determined by ,~he amount of land dedicated land or
set maximum depth.
All utili t.y services will be installed underground by
the developer.
Architectural standards shall control the use of metal
panels, tilt walls, or other construction materials
cons idereel to have: an adverse vis ual impact.
Jointv.ehicular acpessagreements from dedicated
streets are encouraged.
MinimuDl park access easements for vehicular and
pedestrian traffic.
TOlninimize erosion, drainage discharge from private
prQperty to park land shall be approved on the site
plan.
Any building-with. loading, s.ervice, trash or other
facilities of this nature oriented tQ the park space
shall maintain a seitbac~as required by Ordinance and
shall provide a liv:ingEjcl"een on the inside of the rear
property".line..
Draft PoliCies, Standards, Guidelines
April 25,1989 page 10
, ,"1'."~~til~~~:ii.t;~~0l~~~~~;"'.
Fi 11 -Materials:
The fill materials must be placed or stored in
accordance with a site plan approved by the City of
College Station.
The Sill must not be~laced over. existing utility lines
without permissIon of the City of College Station.
The fill must not be stored or placed under the
driplines of any tree three inches (3") or greater in
caliper.
Stored fill materials must be maintained in an
aesthetically pleasing manner- by the property owner.
Materials may be hauled in or excavated for lake
construction.
Standarcls,Guidelines
April 25, 1989 page 11
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RECEIVEOJAN 2 4 1990
~~
Sneakers
504 Harvey Road
College Station, Texas
77840
409-696-8888
Cathy Locke
City of College Station
City.Attorney
POlO. Box 9960
College Station, Texas
77840
Ms.Locke
I would 1il<e to take this opportunity to thank you
for taking time to write me concerning the construction work
at the Mercury Bar. Your letter does very little to dispel my
feelings thatMr.Seabeck is receiving special treatment.
I feel that your interpretation of the Standard Building Code
is not correct.
The Standard Building Code requires that a Building
Permit be issued at any time the owner Il desires to enlarge,
alter, repair, move, or demolish ...",(Section 105.1).
Clearly Mr.' Seabecks work falls into these categorIes. The
Code does not state that alterations to the buildings
structure must occur. before a building permit is required.
If structural alterations must occur before a permit is
required then none of the lease spaces at Post Oak Mall would
requi rea Building Permi t. .We both know this is not the case~.
According to my research the last Building Permit issued
on the location was in January of 1987. Those plans do not
show a storage room large enough to accommodate anew
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restroom. The changes Mr. Seabeck is making are of a
substantialanlount. The work involves construction of a new
bar, plumbing, electrical, floor coverings, fir.e sprinkler
systems, demolitIon, new concrete, and various other
construction 'operations_ You have stated that only a
plumbing permit is ,required to construct a restroom.. No
lighting must be added and the electrical systems had been
previously ground faulted as required for a wet area? I find
this very hard to believe..
As you stated Mr..Seabeck is involved with a lawsuit
with the City Of College Station concerning the noise at his
other place of business.. At that locationMr.. Seabecl~ has
shown very little regard for the City Of College Stations
regulations. Here again he is doing as he wishes and you are
allowing him to do so. You can not make me believe that he is
not receiving special treatment. You have not even taken the
time to inspect the premises personally, you have chosen to
believe the word of Mr..Seabeck..Ishouldhope that no
serious fi re. or acc,identever occur at his location because I
feel the City will Aavea- very hard time explaining in a
court of law why no permit was issued.
I am sending a copy this letter, to the Mayors Office and
requesting him to explain this matter to me.! have also
requested that my Attorney look into the matter and advise me
of any recourse that I may have..
Sin.cere~
~iller
LEGAL DEPARTMENT
. i"'Fl'Lmf NOTE
. ,;i!' \
February 12, 1990
RE : Ricky
On Monday, February 12, 1990,1 spoke with Ricky Miller. He
called complaining again about GarySeabeck. He said that Ga.ry
Seabeck was doing work outs ide of the plumb ingpermi t andtha. t
the city was not checking his work. I spoke to him.fora 10]1.g
time about the fact that Mr.Seabeckwasnotgetting anyi.benefits
different than he, Ricky Miller, was. Miller started ma](ing
vague comments about the rest of the community. Hesays<!thait.
Gary seabeck gets away with whatever he wants. 1pointecfi ouit.
that Mr.Seabeckprobablyhas.spent several thousanddol~ars in
. attorney' sfees over his noise violation. ,Miller respon~ed, "but
that didn't have anything to d.o with the fire code" and' f tried
to explain to him that the City codes are allenforcedtbrough a
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team effort. Mlllerthen complalnedthat the FlreDepartmen1t. had
made him change some of hissprinklersysteIns when he pUf a :;core
board up in front of Gneofthe sprinkler heads. He askedw]~en
the next Councilme'eting was. " I told him that it would! ~e
February 22, 1990. Mr. Miller is going to drop by the b~ilding
plans that he has gotten .a hold of on Mr., Seabeck's prop~rty. I
told him to go ahead ~nd do that and that we would be glad to
take a look at them.
Cathy
CL:sr
cc : 5~: ~~ri:~ay./
~ eJ -107
RE:
his
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EXHIB IT ' " All
ENGINEER'S ESTIMATE
DRAINAGE IMPROVEMENTS
.TO
"SNEAKERS"
August 30, 1989
Clearing and Grubbirig
Lump 'Sum
400.00
Rock Gabions
215 CY @$135.00/CY
29,025.00
Rock Lined Flumes
Lump Sum
500.00
$29,925.00
This estimate was based on contractor recommendation from J.T. Dunkin and
Associates who did, original' Wolf .'. Pen Creek Corridor Study.
1 herebyc.ertify that thlsEngineer'sEstimate for drainage improvements tel
"Sneake r' sit, located in the Morgan Rector League ,Abs trac t No. 46. Colleg.~
Station, Brazos County, Texas . was prepared under my supervision.
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Registered Professional Engineer
State of Texas Number 60873
000494-E.Ol-35 (1750)
SNEA~::ER' S
.~ISTORY
ORIGINALR,EQUEST
A.f:;"rlJ AL,' USE
PAR~::I NG RE.:(1lJIRE,D
PAR~::ING PROVIDED
RES'''ALJRAN''r-
NIGHer CLI.JB
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CITY OF COLLEGE STATION
p. O. BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-0960
(409) 764 ,~ 3500
October 24, 1989
Mr. RichardA. Miller
Ricky Miller, Inc., d/b/a_Sneakers
504 Harvey Road
CollegeStatioh, Texas 77840
RE: Terminatibn of Surety Bond
Dear Ricky:
The Engineering Division has informed me- that you have
successfully completed the drainage improvements that were
required in your Development Agreement with the City. I
understand that these improvements were completed and approved on
October 23, 1989. The terms 6f the Surety Bond proviae that if
you perform your obligations under the Development Agreement that
the bond is void. As of today, October 24, 1989, the City of
College station by this . letter releases Ricky Miller, Inc., d/b/a
Sneakers"from its liability under Surety Bond No. 0822034,
originally dated August 30 , 1989, and as amended by endorsement~
on October 3, 1989.
We appreciate your compliance with the terms of the City's
Drainage Ordinance. These improvements will mitigateerosionctnd
the resulting property damage, and will improve the water quality
in Wolf Pen Creek.
If we can beef further assistance, please do not hesitate
to call.
Sincerely yours,
ifJ~-~-c}._~_-b~
Marianne Landers Banks
Assistant C. ~yAttorney
City Engineer
MB:jls
Home of Texas A S MUniversity
SUPPLEMENTAL DEVELOPMENT AGREEMENT
WHEREAS, SNEAKERS in the C i tyofCollegeStation entered into aln
agreement on the 30th day of August, 1989, which allowed Sneakers
to open up> under a temporary certificate of occupancy pending
repair and completion of the work in the Wolf Pen Creek area
under the City of College Station drainage plan;
WHEREAS, on the 28th day of September, 1989, Ricky. Miller
requested of the City of College Station City Council an
extension time to make the drainage improvements required under
the development"".,agreement;
WHEREAS, the City Council approved such extension of time until
November 15, 1989, subject tORickyMillerprovtding a bond
effective until November 30, 1989;
NOW THEREFORE, Ricky Miller has provided ,the bond in the amount
of Thirty Thousand Dollars ($30.000) effective until November 30,
1989. Ricky Miller shall have until November 15, 1989, to
complete the work on the project.
IN WITNESS WHEREOF, the parties have executed this agreement on
the day of , 1989.
Ricky Miller, Inc.
BY:
RichardA. Miller
Rafter B Venture
BY:
M.L. (Red) Cashion, Partner
City of College Station
BY:
Mayor Larry Ringer
AGENDA ITEM COVER SHEET
ITEM SUBMIrTED BY~ Ricky Miller, Sneakers Restaurant
FOR COUNCIL .MEETING OF:
"-
Thursday, September 28 , 19a~a.
~,
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ITEM: CONSIDERATION OF AN EXTENSION OF TIME FOR IMPROVING
DRAINAGE AREA UNDER CURRENT DEVELOPMENT AGREEMENT AT SNEAKERS
RESTAURANT.
ITEM SUMMARY: The City Council authorized a development agree-
rnentwithSneakersRestaurantatits last meeting. The restau-
rant owner, Ricky Miller, is requesting an extension of time to
.do the drainage improvements under the development agreement.
FINANCIAL SUMMARY: A bond has been given to the City in the
amount. of J30,OOO.OO. The expiration of the bond is October 14,
1989.
CITY ATTORNEY OPINION: Foran amendment to be effective, it
would have to be executed prior to the expiration date in the
current <development agreement, which is September 30, 1989. If
an extension is granted past October 14, 1989, a new bond would
need to be executed.
SUPPORTING MATERIALS:
I. Current Development Agreement
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II.
Current Bond.
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