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HomeMy WebLinkAboutMiscellaneousMEMORANDUM TO: Mary. Margaret Sexton, Assistant CCity Attorney FROM: Sabine Kuenzel, Staff Planner ~" DATE: September 2b, 1994 RE: First Federal Bank Temporary CO In July you prepared a Temporary CO for the First Federal Bank .building on Longmire. The bank still refused..to putthe curbing in and .requested a variance. The variance was considered by P&Z and denied. Due to the expansion that is planned by .the bank, the Commission directed staff to enter into a Temporary CO agreement to get the curb installed within the next 4 years if the expansion does not occur within that time. That agreement still needs to include a financial guarantee and a statement that the temporary wheel stops need to ; be placed- end to end with no gaps except for two that are needed for. drainage. These two ;gaps `may be up to two feet. long. I think that this would entail a small change in the original agreement, so could we tweek it to accommodate P&Z conditions? ~1~ ~' LEGAL DEPARTMENT RECOMMENDATION js/c/forms/assist ..06/22/94.:. .~ .. _ 6-8 City began. inspections for c/o 6-10 I went out and found curbing along south side needed installing and temp, sign needed removal 6-13 Found out from secretaries in building dept: that bank was advertising "grand opening" over weekend. Talked to Louis Gaston and informed him no C0`-had been issued -- no one is supposed to be in addition (offices). He said everal people had'told him it was ready, but, he had no copy of it. I told him I would check with fire dept: and bldg. dept. to determine what had been'said. I called back and confirmed than no one had told him to come get the CO and I reiterated he had no CO: I talked to DavidM: and'told hi~n to give the' folks in the bank. building a couple of days to collect .important things and then to cheek bldg. 6-16 Inspectors went out and found that bldg. is still occupied: 6-17 and 6-20 Discussions. among staff members as to how to proceed from here. 6-21 Called owner of property -- all senior bank members gone; left message. 6-22 .Talked to Bobby Williamson this morning: I relayed all of the information I had regarding the chronology of events. He informed me of his preference-to go .through a temporary CO process rather than have us go to code enforcement. I told him I would;prepare the legal form.. and that Legal. in turn would prepare the Temp.. CO agreement which he would ..then have o sign and he will have to accompany the agreement with abond to cover the curb installation. °~~ ~..~ e~~.. 4~ CJ~' ~ lAJ ° 1~1../1p~'`rv~)~-r£r i ~. 4/f-'~'~l-S_. ~C.QIJ CA_ Cj(L P'~ ° ~~~~" ~"-~3i` ~- J~.~IC~ GtsU~.a_.K'~-F~>lya cv.~.°~ CB~~ewu,~cX r1 CJC?: -~iprr~ ~.r ~c~a_, ° C_..Lje..~--~..,~.. i ~-~- c;~~ 5 ~F?;,~,.t s -~s~nc~ C. ~'~. e,~.~~~, ~Yr~,~~ ,, ~ ~1~ ~ ~ ~l ~.~.. -- ~..~ ~~~~ .~wi Pi l A6@Vi aa_n ~ A Y4 %Y... ( I. L /4~. ~~:.~d8$/~'~.:/Y s-' Project Certificate Qf Occupancy Checklist. 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Tammy D_ Isbell First Federal :Savings Bank 2202 Longmire Drive College'Station, TX 77845 (fax 693-5862).... Re: l~"ariatlce redrrest crf 2202 Lor~~~~ire Drii~e Dear Ms. Isbell, This letter is to follow u `our tele hone conversation on Thursday, September 1, 1994. p p it Drive will be n ards at 2202 Lon m e r uest to the arkin lot sta d The variance eq p g g considered by he Planning and Zoning Commission on Thursday, September 15, 1994. The request was originally scheduled for consideration on September 1, 1994; however, at your request the case was rescheduled` for the next available meeting.: The. meeting will be held at 7:00 p.m. is the Council Room ,of the College Station City Hall building located at 1101 Texas Avenue. I have faxed a copy of this letter to bank President. Stan Stephen to inform him of the meeting as well. If you have any. questions, please call meat (409} 764-3570. Sincerely i Natalie 'Thomas Planning Technician '~ 49./41/94 11:14 $449..775 1539 FIRST FEDERAL l~7]U41 ~i, ~, Prifl .Inai Office. Co11egP Station Offi~Q v 2,~~ Longmire 2900. Texas ,venue ', Bryan. Tcx~B 778p2 GollGge Station. TX ?7~Sa5 ~Ei1~YIhIGS ~AfiIK Septernb~r 1, 1994 City of College Station Attn: Natalie Thomas '', College Station, Texas ~, Dear Tvis. Tltom.as: ~1b'e are.: requesting that w~ be ~~emor~ed froze the. agenda tonight and tae.. rescheduled .for Septemt7er 15, X994. ~7Ve were.. just i~i~ormed of the mef biting tCl!tai~ht: this morning. Qur President, Mr. Stan .Stephen is currently cut of tower and t~tili got be able to attend the meetzng and. he will be the one that ~~_~ would need t4 represent us on thi~a variance. Tharal~ you for your help in this tn,~~er and feel free `ta call me if you have any questions at 694- ~' 2222. Sirzcerel~, .. Tainrny .I~. Isbell Branch 1V~anager/pfficet o ~ - I Fh~ne (~~09) ~ ?9-~~(~0 , ?rX {~-~~3~ ~ 7~3-t:;~9 ~t~ll~gc~ `~rc~rion Ftlcar~z: (~Q9) ~J~-'222 F,~X= (4Q3} 6J3.5SG2 ~, f ® i ~i~ ie/ V i H ~®d i ENGIf~ERING DIVISION Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3570 MEMORANDUM TO: Chairman Hawthorne and Members of the Planning .and Zoning Commission FROM: Brett McCully, Engineering Project Manager CC: Jim Callaway, Asst. Director Economic & Development Services Jane Kee, City Planner Natalie Thomas, Planning Technician DATE: August 25, 1994 RE: First Federal Savings and Loan Association Parking Lot Curb Variance Chairman Hawthorne, and Commission Members, The Parking Lot Plan for the expansion of the First Federal Banking facility on Longmire just south of FM 2818 was reviewed and approved by sfaff in the course of our normal review process. The site plan was approved on March 4, 1994; with PRC conditions. Approval of a site `'plan does not exempt an .applicant from meeting all ordinance requirements even if certain requirements were not mentioned in the PRC review. At the completion of site construction, an inspection was made and it was found that the southern limit of the original parking area, which extends a length of approximately 180 feet, had not been curbed in accordance with our Zoning Ordinance. It was determined that the marking on the plans was consistent with that of a proposed curb, but no note or direction was included on the plans which would ensure that the curb would be installed. The applicant and contractor were notified of the deficiency, and directed to install the curbing as required. Instead, the contractor installed concrete wheel. stops along the edge of paving, ~, believing that the stops would meet our Ordinance. Because the discrepancy was not specifically noted during the original plan review, and due to the concerns of Staff to not hinder the occupancy of the .building, a temporary certificate of ' occupancy was prepared, with the curbing required to be bonded by the applicant. This agreement has not been signed by the applicant because a variance to the standards is pending. There is d s therefore no Certificate of Occupancy at this time and technically the building should not be occupied. Since the occupancy of the building, the applicant has resisted efforts to install the curbing based on the following reasoning: the .original parking lot was not curbed, the intention. of the applicant is to further expand to .the south and would have to remove this curbing at some point, and because the comment was not made during the original plan review process. Several telephone meetings were held to inform the applicant of the City's.. intention to pursue code enforcement options to have the curb installed. During the course of these meetings, it was decided ,that because the curbing requirement could have .been appealed. to the Planning and Zoning Commission after PRG, and since the applicant was not aware of this opportunity, that the applicant should be allowed to request a variance to the Zoning Ordinance. .Normally a variance request must be submitted no later than 10 days after PRC review. The variance request is based upon the opinion of the applicant that the wheel stops are the same as curbing, that the openings between the stops will allow drainage to exit the site better, and that the replacement of the stops with curbing is an unnecessary expense. Section 9.2.D of the Zoning Ordinance requires that all onsite driveway and parking areas be surrounded by a raised 6 inch high concrete curb. Concrete wheel stops are not acceptable options: because they do not adequately meet the intent of curbing. It is Staffs opinion that the curbing should be installed. to meet the aesthetic intentions of the Ordinance, to prevent the Goss of .control over the .edge of the. parking area by the eventual loss and or destruction of the wheel stops; and to confine the drainage outflow from the parking into the two established paths which existed priorto the expansion: Based upon these facts, Staff recommends denial of the variance request, and requests direction to the applicant to install the curbing. August 18, 1994 City of College Station City Planning Division Attn: Sabine Kuenzel P. O. Box 9960 College Station, Texas 77842 Dear Ms Kuenzel, I am writing to request that we may be granted a variance to the city code that a solid curb be installed around our existing drive way and parking lot. I have enclosed pictures and also a drawing depicting the present state of condition. We put a `solid curb around the new parking area that was. installed for employees to park in. On the existing driveway and parking area there are wheel stops. The wheel stops were on the original drawings that were submitted to the City of College Station for approval, that we could begin construction. The plans were approved and the construction of the addition to .the building was done to all city codes and specs. We feel that the wheel stops serve the same purpose as a curb- and it would be an unnecessary expense to replace them. We also believe .that the space that is between the wheel stops allow a better drainage flow an access to the drainage system we had to install. I want to thank you for listening to our request and if you have any further questions or need further information, please feel free to contact me at 409-694-2222. Sincerely, °~ Tammy D. Isbell Branch Manager ~ ~ Phone (409) 779-2900 FAX (409) 779-.1539 or (409) 822-5654 SAVINGS AND LOAN ASSOCIATION OF RRYAN 2900 Texas Avenue, Bryan Texas 77805 die purpose of development a~ ieetin~ is in ~vlew'~nce PREDEVELOPIVI development meeting is to men ~irtify general issues Hurt need ~, staff will '' talk about :the' ;cuss what ~rmits will be req SIT ME~~T11~0 1 the City staff Plaat will be irrvolv~d riher arurlysis° Tong with the. dim !evelopment ' Fr°ooess, distribute um `requirements are submitted for your particular dev~lopmerr~ General Information: Date. of 1Vieeting: P Applicant(s): ` City StaffPresent. ~' i ~" ~x-'~ ~J/ q _i ~~ ( ~-". Proposal. t / v t e ~~~ as ~-~ ~~ ~ ~~ ~~ Develo ment Issues ~,~~ I..and iJse: ~' ~~ Zoning: Special zoning district information Subdivision/Piatting Issues;,.. R ~~ . ~".'v~'''~- ~~ ` Miscellaneous: dscaping/ tree_tsPocnape ~0- Q~ ~~ .st- Dumpst~er I o t ~ Signs Permits required for this development: Screening/Buffering ~~~ r~ ~~ ~ ~~ Variance Requests Development Permit Building Permit Conditional Use Permit TxDOT Driveway Permit for work in State ROW TxDOT Utility Permit for work in State ROW Special Review required by: Wolf Pen: Creek Design Review Board, Northgate Revitalization Committee Parks and Recreation. Board Planning` and Zoning Commission City Council formation Provided: 1 ~~ ~ ~, ~"L cam, C~-,~ ~- ~..-c~~r--~~ e ~~ ~2~a_ ~- ~~Y a~~~ C~„ ~ Y ~~, ~ ~~ a~~~~~~,ti~ ~o~ ~~z ~~ p~,s~~~, Zoning Ordinance Subdivision Regulations '.Specifications for Street Construction Drainage Policy & Design Standards CS, Building Regulations (Local Amendments to the Building Code) Fire Department Construction & Development Guide Driveway Access Location &c Design Policy Water & Sewer Specifications Manual Northgate Design Guidelines CS Business Center Covenants & Restrictions Guide. to Building & Development Development Resource Guide From: M Sexton To: 5 Kuenzel Subject: Temporary C.O. for First Fed. (fwd) ===NOTE====°__°______= 6/28/94 11:56am= CC: T Brymer I'm working on the temp. c.o. for First Federal Bank and I.have some background ...questions. These questions have come up because of a very recent U.S. Supreme Court opinion. It's a major decision and it isn't clear how it will impact the City. So here goes: L Was this a prior existing. ~?,~ structure? If so, what changes have ~~~ ,~ ~~~ ~ ~~ been made to the structure? 2. Has this always been used as a ~~ ~~ bank? Has it always been the same owner? If not, when was the change in ownership or use? 3. Have there ever been gutters and/or ' curbs where we .are requiring them to put them in? If so, when were they installed and removed? 4. Did they request a building permit? ~~~ If so, was it granted? 5. You refer to Ord. #1638, Section g ~` ~„~,~~ ~~ 9.2D as attached. I didn't receive the i ~`- ~ ' ~~ copy -- could you sent rt up? 6. Where in the ordinances is the - /: ° ~~ ~c ~ ~..~' °~ ~~~-~-a 30-day time limit for completion of ~~ ~` t ~-~-~-~ curbs and gutters? 7. What is the ordinance that requires ~- installation of the curbs and gutters? ~~ " ~`' ~ Z ~, 8. What is the health, safety and welfare. basis for requiring curbs and gutters? 9. How are the curb and gutter requirements tied to the changes made to the structure by the owner (aside - from the fact that the ordinance may require it)? Thanks for the extra info. I'll let you know as soon as I have it ready. =Fwd by: S Kuenzel______________°_=_=_== Fwd to• M Sexton i just lost about ahalf-hour's worth of answering your questions! so i need to try again. please bear with me that they are now shorter responses: ok, a little more background seems in order. the bank had an existing facility of 1162 square feet and parking in front with a drive thru to the south. there was some curbing missing due to the fact that the existing bank was built before curbing became a requirement of section 9 parking requirements. section 10 gives us the authority to require a site plan be submitted when new development is proposed. the. bank wanted to add on 1020 sf and more parking to the rear. such an expans-on requires site plan review under section 10. the site plan was approved'on march 2, 1994.': the co check was conducted with the understanding: that all parking lot standards that were in place march 2 were to be met. so to answer your questions, in the order they .were asked: 1. this was an existing bank that was to be nearly doubled in size. 2. we did not review ownership history because site plan review is required at the time of development, not when ownership changes. 3. to my knowledge, there have never been -curbs along aathe south side of the, lot ~.~ C-~ d~a,-t ~-~~ ~ , 4. yes, a building permit was issued but has not been finished out with a full co. the contractor, when. signing the permit, agrees to meet all ordinance requirements whether or not they were pointed out by staff during the review process. 5. i will send up all i have regarding these issues. SORRY - I'M HAVING PROBLEMS WITH MY MACHINE - 6. the ordinance does not set forth deadlines for completion of every site plan requirement except that a co will not be issued without all requirements being met unless a temp. co is issued. in december 93, council adopted a temp. co policy that leaves it up to legal to set the dollar amount for the surety and the time period for completion. these i suggested as reasonable: number, but they are discretionary based on other city projects and are subject to city attorney approval 7. see 5 8. the entire zoning ordinance is derived from the comprehensive plan, which serves as the basis for setting health, safety, and especially welfare goals. 9. again, the site was subject to full review due to the extent of the improvements involved. ~f `~ ~~! ~~ i' ~' .- l r ~ 1 ~ , / ~ .. A~; (T .J ,. ~ ,~ j; ,, ~~ . i ~', ~" :.~ ~'7 ~ ~Q