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HomeMy WebLinkAboutMiscellaneous ~7~ ....~.~ '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 ~ ~q....Lj05 MEMORANDUM SUBJECT: Tom Brymer, Assistant city Manager, Community services Group # ilL ElreY As;h, Director of Deyelopment services~ ~im Callaway, city Planner~ . ~ 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 ~" '. 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. #' 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 ,.~ ,~ I...:-~.,.~,\ . ' . I -.....-- -r-.;.,:~'- f!~t .. ~"J Sincerely, ~'.:'~"""~W ~_..~ I I 1 II It ~ '1 II II II I( II III 1..li.. ....l..... ...............,.,'.. ..' II '; Ij u \ !Q~!_fl!_Q~III--DI.!11QfMI!1_gQ~BIJlQ~ 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 ~.~ yr..tp~ 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 " ,., ." 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 ., ,,' , " , ", , " . ' , ,"',. ",.1 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 .... 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. ~""',", ~_....'f;. OF~'" ~~~ ...........~1,. #c". .~ ...~t. I*l~ ..~.. t~ [I t..r.......u..."................! !.~ NORTH.B.BARDEll, JR., ~ ~.,.......... ."......-...,..., ,&~\ ","'.,~'08,1'3.. '.,.,,;/~) '1 ~\~~o. . ...... .. ~~...~ ~ ~.." t, ~~. ..~. ,'"G)'"I',(I.. ,-'~ .~..,C:~,."_~,'.,',,.. ., :'''_..~,,:,,..'','~,,.'~'.,~'~,.,,'~, ' ~ .0'. ,ttJJ t...:.....a. '...........'~ ~ '\\~/~~A~~"~:"~ ','"...~,...... :~....R)~~.....[ 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 13t) 85 ~s ~.~ 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. ~, --~-----------------------------------------------------~-------- 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 ...--.-'....\ "' ,\"r' '.. II. Current Bond. -""") .~ ~)