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HomeMy WebLinkAboutMiscellaneous -~- /~~ ~^'~ ~~ ' ~ \~ ` ~ ~~, ~,~ ~ ~~ ~ ~ .._.J ri ~~~ Y --- ,~' -F. ~~ -~- ,~ ".~'~ 1 .~ J ~'% \/v i ~ ~f C L/ ~ t ~ ~ V ~ ~~~ ~~- ~ .,, ~y /~ ''~,. ~ ~ /`~~. d ~< Printed by Sabina Kuenzel 9/15/95 4:22pm From: Jane Kee To: Sabina Kuenzel Subject: moody ===NOTE====_==____====.9./15/95==8:56am== prepare a RFLA including all documentation that we need Legal's assistance in preparing complaints to go to .court. I'l look over it and then pass it along. to Jim. E ~, Page: 1 Printed by Sabina Kuenzel 9/27/94 2:47pm From: Sabina Kuenzel To: Jane Kee Subject: code enforcement (fwd) -- NOTE== ___ -===9/20/94=-9:10am==--_- i don't want the ferry moody thing to coniiriue going as it is. he hasn't returned any site plans and i don't believe that he will should i call lorry wells Fwd=by:=Jane=Kee======9/20/94==1:08pm- Fwd to: Sabina Kuenzel CC: Jim Callaway Call Larry and document that. Prepare a chronology of events, if you haven't already and send that to legal as an FYI but tell them we'll most likely 6e starting enforcement action. Copy me, jim and Tom. Uarra- 1 From: Wes castolemia To: SKUENZEL Date r 10/25/95 11:56am Subject: Southwood Greenery Jerry Moody Laurce Denn at work 845-7462, home 764-1535. complaining about the odor coming from the business from their compost piles, wondering if other people have complaned if anything can be done. I don't have the.ansers for her on this issue, so I'm turning this Zoning problem to the administrator. EXPLANATION OF FACTS.: ~ ~~: ~y ~ ,° ~ ~ ~..~' ~ ` r ~ ,, ~, °t ~`~~ {f„. ~~~~ ~~,~ ~ ~ ~ a ~~~F ~'~...~ L _.. 3 Y f i. - R -. 6~ s _ d ~ ~ « >. ~ 'T. of ~/~ ~ ,~,~ IP ~ ~ ~ ~ ~ 1h, FJ/ dv~.€_ 3. 1 ~- `EXPLAN/~TIt~N aFN`CS"SU'E°S:~~ ~ .~ ., - __._ ,m._~.-s-~.. _ .. ~_~ ~i f - _.,r4...~..ru_~,.,.. _ ~.~.,,.~~,. ~...,._. ' ~ ~~ ~;~~ "t ~ ,~ Jam' ~r ,~ d _ a _ a~.~ , a ,; ( r QUESTIONS REGARDING THE ISSUES: ;~ ,;-.~`"°,:.~. ~..~ ~M~-~ ~_._ ~ 4` ~ .~ ~ ~~ ;~ STAFF GOAL ON THIS REQUEST: ,~ . ` "'_ '~ ' _,~ ~' - ~ i"`3 ~ ~/04/9dsJassrsr r;.:~'' ~a~''A r~.~,~E ~~.~,.~~' ~,,,,,~"~r''°':..-~„4~`"- - .~~.. e, ~..'~ ~ t _ r~ - ~.~~, ,~ ~~ ~_ ~~ ~ o „~ ~. ~: - _~ ~t~ ~ . `•, CITY OF COLLEGE STATIOI~I `~ LEGAL DEPARTMENT POST OFFICE 80X8960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409). 7643507 MEMORANDUM TO: SabineKuenzel, Staff Planner FROM: Cathy Locke, City Attorney ~~~~~ SUBJECT: Proposed. letter to Mr. Jerry Moody Requiring Shut town of Business .DATE: February 14, 1994 Question: You have submitted a letter you .plan to send to Jerry Moody, the owner of Southwood Val ey Turf, and have asked for a legal opinion, stating that you anticipate that litigation will arise from your requirement that he shut his business activity down. Response: I am not sure as to what you are requesting. Please clarify. Please also explain how this business came to be a temporary non-conforming use and the zoning thereof. Please provide any information on how Lots 2, 3, and 4 are being used. Has new construction has taken place or is this inventory being stored on this property? One concern that I will note is that there is no explanation of the violations of Ordinance-No.-1638 specified in the letter. Since Ordinance No. 1638 is so comprehensive, it would help me assist you if you provide me .with more information. CL:jls cc: Jim Callaway Tom Brymer Elrey Ash TO: FROM: ~•I CITY OF-COLLEGE STATIOI~I `~ LEGAL DEPARTMENT / POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409)764-3507 MEMORANDUM Cathy Locke, City Attorney. RE: ' DATE: L Your request has been received by the Legal Department.. We have numerous requests pending at this time. In order to accomplish all -the work we have, it will be necessary for us to prioritize .departmental. requests. As of this time, the status of your request is as follows: Your request has not been assigned to an attorney, but will be assigned as soon as possible. _~Your request has been assigned to - If the attorney needs more information,youu wil e.contact If you feel that the Legal Department needs more information to prioritize. your request, please make sure that information is noted on the .request or provide further written support.. We will provide you with the legal support you requested as soon as possible. Please understand that there are numerous competing needs. CL cc: ~iC,D[ vn,l~ ~ ~~~~! ~,~ a~ °~ CITY QF COLLI/~~ ~TATIOI`I PLANNING DIVISION Post Office Box 9960 11D i Texas Avenue College Station, Texas 77842-D960 (409) 764-3570 MEMORANDUM-fyi TO: Cathy Locke, .City Attorney FROM: Sabine Kuenzel, Staff Planner ~~- DATE: September 27, 1994 RE: Southwood Valley Turf The following is a compilation of the interaction between the subject property and City staff as of 1990: - May 30, 1990. The. Project Review Committee met to discuss the continuation of a temporary turf grass business and to allow the replacement of a portable building. At that time, this business had been in operation for seven (7) years. The .PRC determined that full ordinance requirements would have to be met if there were any changes or expansion to•the site. The Committee also determined that staff would allow the continuation of the business as submitted on a subsequent site plan. This plan showed the temporary office -building on Lot S, Block 17, Southwood Valley Section 4-B. Lot 6 immediately to the south was also included to reflect some turf sales and storage. - November S, .1993 Shirley Volk, Jane Kee, Sabine Kuenzel, and Jerry .Moody met to discuss reported expansions to this business. At that meeting, Mr. Moody indicated that. he is now selling other materials and not just turf. A site inspection conducted by staff had shown thaf the business has grown from Lots 5 and 6 to :include Lots 2, 3, and 4. At this point, staff requested that a full site plan be submitted that would show compliance with paved parking,. landscaping, and screemng requirements. - May 11, 1994 Code enforcement.. letter was written formally requiring site plan or charges would be filed for each day of zoning violation. - August 8, 1994 Site plan was reviewed by the PRC and several ordinance requirements normally requested on a plan were not satisfied. The PRC voted to approve the site plan with. the condition that these missing items be added. to the site plan and with several discretionary items relating to visual screening, adding a sidewalk, closing a curb cut, and better definition of the site and drives. - September. 23 Sabine spoke with Larry Wells, who had .been contracted to be the engineer on the project and had.: been present at the PRC meeting. According to Larry, he has not been instructed by Jerry Moody. to prepare a .revised site plan.: He believes Moody is talking to the property owner to negotiate a compromise. We are at the point where we need to set a deadline for a revised site plan, a drainage development permit, and for eventual site plan compliance. Otherwise I have the feeling that the site will not be unproved. I intend to continue with the enforcement proceedings by giving legal. notice of such deadlines and reiterating that if no compliance is reached, we will file charges. cc: Tom Brymer, Asst. City Manager, Community Services Jim Callaway, Asst. Director Economic & Development Services Jane Kee, City Planner AAUN1CtPAt DEVELOPMENT GROUP ~~~~(~~ Q~' ~~Q(nJ~~Q~~Q(~ P.O.Box 9249 203 Holleman Drive East College Station, Texas 77840-9249 o.T~ ~ 1~ ~ ,o. «o G~ ~ - 359 ,,,,~N.~o~ (409) 693 5 TO f ~~~~ ^` ~. ~~ ~ ~ the followin items: WE ARE SENDING YOU ^ Attached ' ^ Under separate .cover wa g .. . ^ Shop drawings ^ Prints ~- Plans ^ Samples ^ Specifications ^ Copy of letter ^ ;Change order ^ COPIES DATE NO. DESCRIPTION J ~ .. ~ , ~° °°" ~~~ THESE ARE/'TRANSMITT€D as checked below: // ~I For approval ^ Approved as submitted. .For your. use ^ Approved as noted ^ As requested D Returned for corrections ^ -For. review and comment ~ ^ FOR BIDS DUE 19 REMARKS O Resubmit copies` fot approval ^ Submit copies. for distribution ^ Return corrected prints ^ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: N N ~ wit a~ w~kN. tt6N-y wdlfy w at ~. ~ . (s~f~~!l~ ~ ~~ L'/V ~/( N' CITY 4F' ~C.~LLEGI/ STATIQI`I Post Ofiice l3ox 9960 11017exas Avenue College Station, Texas 77842-0960 {409) 7643500 June 14, 1994 Mr. Jerry Moody Southwood Valley Turf 3312 Texas Avenue College Station, TX 77840 RE: Zoning Ordinance violation at 3312 Texas Avenue Dear Mr. Moody, ~J~ ~I~l-u2o I am writing on this date to follow up on the meeting that took place two weeks ago between you, Jane, Shirley, and me. At that meeting, we discussed the site improvements that the, City is expecting to see before approval of your site expansion will be considered legal... At this time, .your site continues to be out of compliance .with. City standards .because the.. business was expanded without site plan .approval and its associated requirements. You .expressed concern regarding. the .fact that you do not have an ownership interest in the subject property and that .any improvements could. be lost upon expiration of .your lease. We then discussed the vacant Buffs location on the southwest corner of Highway 6 and Barron Road. This. site seems to meet most of the current site. requirements. Upgrade of the site o allow the use as a turf business should be minimal:. We will more than likely check the landscaping to make sure is meets current code (some landscaping currently exists on site) and we will also check the striping to ensure adequate designation of parking spaces. The staff will also review the storage areas for your materials to ensure adequate screening from the roadways:. We are at this point assuming that-you are either actively seeking a new location for your business or coordinating.. with: the property owners involved to gain site compliance: Due to this belief, we are hereby extending the deadline for site compliance. to give you 30 days from receipt of this letter to present us with a site plan for either the existing. location of your business or a new location. If by the end of this ,time no site plan has been received by this. office, we must` proceed with .legal action as defined in the previous letter (dated May 14, 1994 and received by you May 19, 1994). If you have further questions, please give. me a call. Sincerely,; ; Sabine Kuenzel ~~ Staff Planner Attachments: Buffs site plan Letter dated May 14, 1994 cc: City Attorney's. Office Ja~ Kee, City Planner ~S'hirley Volk, Development Coordinator Tri-Green, Inc., Property Owner Wilma Green, Property Owner Home ~t Texas 1~&M tJni~ersity ~' /~ - QiiG Gw ITY QF ~~LLE~iE STATI®I`I C .Post Office Box 9960 1101 Texas Avenue College station, Texas 77842-0960 LI (409) 764-3500 ~-- October 21; 1994 Mr. Jerry Moody Southwood Valley: Turf 3312 Texas Avenue College Station, TX 77840 RE: Zoning Ordinance Violation at 3312 Texas Avenue Dear Mr. Moody, Thank you for coming in on Monday to update me on the activities you have undergone since the PRC review that took .place August 8, 1994. I am writing to follow up on our recent meeting and to give you an extension of the deadline for compliance. It is my understanding that you have discussed the PRC required improvements with Mrs. Green, owner of the property. You stated that she is unwilling to allow improvement of the site because she would event}zally like to sell the lots. I understand the position you are in, and am willing to work with you to find a solution that would meet both your needs and the City's requirements. We briefly discussed the abandoned Buffs truck stop site and I gave you a site plan. This location would be acceptable because the zoning would allow your. use, and because minimal site improvements would have to be made to accommodate your business. We will more than likely check the landscaping to make sure it meets current code (some landscaping currently exists on site). and we will also check the striping to ensure adequate designation of ..parking spaces. The staff will also review the storage areas for your materials to ensure adequate screening from the roadways: There may be other sites that are in a similar position. Please keep me informed of the progress you are making. I can give you up to 60 days after receipt of this letter to either find a new site and submit a site plan for improvements, or to turn in a site plan for the current location with revisions as outlined in the PRC report dated August 8, 1994. If you or anyone you are dealing with have any questions, please give me a call. Sincerely, . ~~ Sa ine uenzel Staff Planner cc: City Attorney's Office Jane Kee, City Planner Y~'1'iirley Volk, Development Coordinator Tri-Green, Inc., Property Owner Wilma Green, Property Owner r icme of `~ exas A&M University Printed by Sabina Kuenzel 2/22/95 4:49pm From: Sabina Kuenzel To: Jane Kee, Jim Callaway Subject: Brazos valley turf ===NOTE_____________________________________________________________________ i spoke with ferry moody again today and he told. me that he still has not been able to speak personally with the buff's owner.. the son is supposed to be in town this weekend and he plans to talk to him, however, he also says chat the area south of deacon is "heating up", thatboth he and mrs. green have been approached by potential buyers. he thinks that it is only a matter of time (ie. a (ew months) before: the property. gets.. sold out from under him, i asked him where he would move to should this happen and he answered that he would shut down and not start up again, for }he time being, until the property sells, he has suggested that. perhaps he can put iri MOST of the requirements that we imposed on him during the prc review of the present site, including the grovel road around the stock pilesond the berm screenings. i need some input. here are my thoughts: i don't chink chat we ore going to get full compliance with all current development codes. moody seems to not have the money, and if he had gone through our process before expanding, he would not have done this once tie heard everything we require. for that matter, it seems that our development requirements are steep enough that. these types of businesses cannot be located within the city.. our main. goal is screening and eventually seeing the site come up to code. my suggestion, therefore, would be io work out some type of agreement that we will postpane complete code compliance requirements for a given amount of time, if he .agrees to screen. (berms and hedges can be easily removed). we will make ii clear that the site is still considered to be in violation, but that we are simply deferring enforcement action for say a year or so. what do you think? is this something we need to run by tom 6rymer? Paae: 1